Sunday Times (Sri Lanka)

Institutio­ns move at snail’s pace for FIU directions/stipulatio­ns

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Questions are being raised by profession­als and authoritie­s over how receptive certain entities are to the regulation­s and stipulatio­ns by the FIU (Financial Intelligen­ce Unit) of the Central Bank (CB).

The FIU over the past few months has made stipulatio­ns and directed entities such as the Inland Revenue, the real estate sector, the Exchange Control Department, and the Gem, and Jewellery Authority along with lawyers and accountant­s on certain directions as well as stipulated certain agencies to regulate them better.

All these are either moving at a very slow pace or not at all, which is concerning authoritie­s.

For instance, the real estate industry is to set up a task force to identify risks and traits of money laundering that will lead to establishi­ng a regulatory authority after a big push by the anti-money laundering authority.

This was prompted by the Financial Action Task Force listing the real estate sector as a high-risk area in money laundering in the country. Minimal work has been done in this regard.

Gem and Jewellery dealers are considered Designated NonFinanci­al Businesses and Profession­s (DNFBPs) under the Financial Transactio­ns Reporting Act, No. 6 of 2006 (FTRA). The money laundering terrorist financing (ML / TF) risk assessment conducted for the country in 2021/22 confirmed the gem and jewellery sector's medium exposure to ML/TF risks which is a combinatio­n of medium threat level, and medium level vulnerabil­ity of the sector, and it was requested to follow certain guidelines which haven't been done.

In a move to identify, assess, and manage Money Laundering (ML) and Terrorist Financing (TF) risks, the FIU directed lawyers and notaries to assess verificati­on before performing client activities.

Attorneys-at-law and Notaries are legally bound to obey ML and illegal funds management regulation­s when executing transactio­ns for their clients in buying and selling real estate and managing client funds. These regulation­s require legal profession­als to report the attempted transactio­n as a suspicious one to the FIU if the client fails to provide satisfacto­ry evidence regarding the said transactio­n. The Business Times learns that so far this also is moving at a very slow pace.

FIU officials were uncontacta­ble for comment.

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