Diario Oficial de la Unión Europea del 28/9/2023 - Sección Legislación
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Source: Diario Oficial de la Unión Europea - Sección Legislación
L 239/2
EN
Official Journal of the European Union
28.9.2023
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Since the latest amendments to Delegated Regulation EU 2016/1675, the FATF has updated its list of Jurisdictions under Increased Monitoring. At its plenary meeting between 21-23 June 2023, the FATF has updated its list of Jurisdictions under Increased Monitoring by adding Cameroon and Vietnam to that list. Given those changes, the Commission has conducted an assessment to identify high-risk third countries in accordance with Article 9 of Directive EU 2015/849.
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In June 2023, Cameroon made a high-level political commitment to work with the FATF and the Groupe dAction Contre le Blanchiment dArgent en Afrique Centrale GABAC, which is its FATF-style regional body FSRB, to strengthen the effectiveness of its AML/CFT regime. Since the adoption of its mutual evaluation report in October 2021, Cameroon has made progress on some of the actions recommended in the mutual evaluation report by increasing the resources of the financial intelligence unit FIU and by building the capacity of investigation authorities and judicial bodies to effectively conduct money laundering/terrorism financing cases. Cameroon will work to implement its FATF action plan: 1 by aligning AML/CFT national strategies and policies with the findings of the national risk assessment and monitoring their implementation, and demonstrating AML/CFT cooperation and coordination between competent authorities; 2 by ensuring risk-based prioritisation of incoming international cooperation requests in line with risks and responding in an effective manner; 3 by enhancing risk-based supervision of banks and implementing effective risk-based supervision for non-bank financial institutions and designated non-financial businesses and professions, and conducting appropriate outreach to high-risk financial institutions and designated non-financial businesses and professions; 4 by maintaining and ensuring timely access by competent authorities to adequate and up-to-date beneficial ownership information on legal persons, and establishing a sanctions regime for violations of transparency obligations applicable to legal persons; 5 by enhancing secure information exchange between the FIU, reporting entities and competent authorities and demonstrating an increase in dissemination of intelligence reports to support operational needs of competent authorities; 6 by demonstrating that authorities are able to conduct a range of money laundering investigations, and prosecute money laundering in line with risks; 7 by implementing policies and procedures for seizing and confiscating proceeds and instrumentalities of crime and managing frozen, seized and confiscated property, and prioritising seizure and confiscation of assets at the border; 8 by demonstrating that terrorism financing investigations and prosecutions are pursued in line with risk; and 9 by demonstrating effective implementation of terrorism financing and proliferation financing targeted financial sanctions TFS regimes and implementing a riskbased approach to non-profit organisations without disrupting legitimate non-profit organisation activities. Despite that commitment and progress, Cameroon has not yet fully addressed the concerns that led to Cameroon being added to the FATFs list of Jurisdictions under Increased Monitoring. Cameroon should therefore be considered a third-country jurisdiction that has strategic deficiencies in its AML/CFT regime that pose significant threats to the financial system of the Union as referred to in Article 91 of Directive EU 2015/849.
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In June 2023, Vietnam made a high-level political commitment to work with the FATF and the Asia Pacific Group APG, which is its FSRB, to strengthen the effectiveness of its AML/CFT regime. Since the adoption of its mutual evaluation report in November 2021, Vietnam has made progress on some of the actions recommended in the mutual evaluation report by joining the Asset Recovery Interagency Network Asia Pacific and by adopting a national action plan on AML/CTF/countering proliferation financing. Vietnam will work to implement its FATF
action plan: 1 by increasing risk understanding, domestic coordination and cooperation to combat money laundering/terrorist financing; 2 by enhancing international cooperation; 3 by implementing effective risk-based supervision for financial institutions and designated non-financial businesses and professions; 4 by taking action to regulate virtual assets and virtual asset service providers; 5 by addressing technical compliance deficiencies, including with respect to the money laundering offence, TFS, customer due diligence and suspicious transaction reporting; 6 by conducting outreach activities with the private sector; 7 by establishing a regime that provides competent authorities with adequate, accurate and up-to-date information on beneficial ownership; 8 by ensuring the independence of the FIU and enhancing the quality and quantity of financial intelligence analysis and disseminations; 9 by prioritising parallel financial investigations and demonstrating an increase in the number of money laundering investigations and prosecutions undertaken; and 10 by demonstrating that there is monitoring
