Criminal Money Laundering And Terrorism Financing Risk Management Personālresurs And Staff Training To Ensure The Legislative Provisions

Original Language Title: Noziedzīgi iegūtu līdzekļu legalizācijas un terorisma finansēšanas riska pārvaldības personālresursu un personāla apmācības nodrošināšanas normatīvie noteikumi

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Financial and capital market Commission, the provisions of regulations No 214, Riga, 20 December 2016 (financial and capital market Commission Council meeting Protocol No 44 5. p.)
Criminal money laundering and terrorism financing risk management and staff training personālresurs assurance regulations Regulations Issued in accordance with the crime of money laundering and terrorist financing Prevention Act 47. the second paragraph of article 3, paragraph 1. General questions 1. "the Crime of money laundering and terrorism financing risk management and staff training personālresurs assurance regulations" (hereinafter-the rules) determines the requirements for credit institutions and to the Member States and third countries, branches of credit institutions (hereinafter the total credit institution) personālresurs and the necessary personnel (hereinafter employees) for the provision of training the crime of money laundering and terrorist financing prevention (hereafter – NILLTFN). 2. the objective is to ensure that the credit institution according to its inherent to the criminal economic activities of money laundering and financing of terrorism (hereinafter NILLTF) risk shall take the necessary measures personālresurs and qualifications of the staff, as well as their training and to ensure interchangeability, to manage the risk of NILLTF. 3. the rules apply to employees of the credit institution, the activities of which directly or indirectly affect or may affect the risk management of the credit institution's NILLTF or NILLTFN of the laws and requirements.
2. credit institutions personālresurs, capacity and qualifications of personnel evaluation criteria 4. to ensure the necessary personālresurs to effective and comprehensive risk management NILLTF, credit institutions shall take into account at least the following criteria: 4.1 economic activities of the credit institution, its scope and its level of risk inherent in NILLTF; 4.2. the credit institution's internal control system; 4.3. the automated system of information security risk management NILLTF; 4.4. employee capacity; 4.5. the qualifications of the employees. 5. the credit institution, assess the capacity of employees, take into account at least the following criteria: 5.1 the specific service for each employee or number of transactions; 5.2. the customer to research or in-depth investigation, and its expected evolution; 5.3. test cases for signs of a possible NILLTF, and its expected evolution; 5.4. the number of the correspondent and that it expected dynamics.
6. a credit institution determining the qualifications required of workers, take into account at least the following criteria: 6.1 employee duties and responsibilities; 6.2. employee education levels; 6.3. the employee experience in the financial sector; 6.4. the employee's previous experience in the field NILLTFN; 6.5. the employee language skills; 6.6. staff professional certification level NILLTFN. 7. a credit institution shall ensure adequate personnel the interchangeability of their absence.
3. employee training 3.1 General issues 8. Credit institutions in the internal regulations shall determine the categories of employees who are required to provide training in the area of NILLTFN. 9. a credit institution, ensure its employees set out categories of NILLTFN training area, take into account the employees ' job responsibilities and mandates, the level of required knowledge and qualifications. A credit institution within the action learning explains employees NILLTFN requirements and provides detailed information on measures and activities that employees must do their job.
10. a credit institution shall establish and document an employee training plan, containing at least the following programs: the 10.1. employee of the credit institution's internal training programme, which is used for internal training resources (hereinafter internal training); 10.2. a credit institution external staff training program that uses external training resources, including with foreign experts (qualified person NILLTFN) participation, (hereinafter external training); 10.3. new employees (the employee who just started to perform the duties of the Office of the credit institution, or change) the training programme (hereinafter – the new employee training). 11. a credit institution in addition to the provisions laid down in point 10.1. in-house training provides extraordinary training of employees these provisions 28. in the cases referred to in paragraph 1. 12. employee training plan approved by the Management Board of the credit institution. 13. After these provisions 10.1., 10.3 and paragraph 11 of the credit institution provides employees carrying out the test, except that rule 28.1, 28.2 and 28.3.. cases referred to. 14. a credit institution provides information on employee training, documenting the following: 14.1. name of training; 14.2. the trained employee personal data; 14.3. trained staff position and business unit; 14.4. the training venue. 14.5. the training of drivers and operators; 14.6. training period; 14.7. duration of training; 14.8. knowledge of the test results and the resulting certificate is obtained, if any. 15. a credit institution shall keep these rules 14 and 27 of the employee referred to in the personal data for five years from the termination of employment. 16. a credit institution in addition to this provision, the information referred to in paragraph 14 to retain employee knowledge tests, if any, and the training materials available used. 17. Credit institutions shall update the training programs with changes in internal and external regulations and training programs offering market (external training provision). Credit institution at least once a year, assess compliance and training program effectiveness and make those necessary changes. 18. a credit institution shall ensure that any employee in addition to the internal and external training, you can get the necessary advice from NILLTF risk management involved in managing employees. Credit institutions established in participating NILLTF risk management directors or employees who are responsible for the provision of advice.
3.2. The credit institution's internal and external staff training

19. a credit institution shall ensure that employees internal training includes training on the following matters at least: 19.1. internal and external laws and regulations in the field and their application NILLTFN; 19.2 liability for violations of the laws and NILLTFN the area and their impact on the business of credit institutions; 19.3. the NILLTFN available to the public in the event of non-compliance examples and penalties provided for them; 19.4. typical NILLTFN practices of the credit institution; 19.5. credit risk exposure and the NILLTF management; 12.2. customer identification and exploration of the area under the NILLTFN regulatory requirements; 19.7. suspicious transaction typologies and characteristics; 19.8. credit institutions staff action, finding unusual and suspicious transactions. 20. a credit institution shall ensure that the employee in an external training includes training on the following matters at least: 20.1. laws, regulations, standards and their application in the NILLTFN field; 20.2. NILLTF trends and methods NILLTFN; 20.3. the most commonly found shortcomings in the field NILLTFN. 21. The credit institution's internal audit department employees whose job responsibilities include audit of NILLTFN area, the training plan in addition to providing training on the following: 21.1. NILLTF risk control functions and operational control of the conformity evaluation of the effectiveness of the function; 21.2. NILLTFN automated facilities used in the information systems and their use. 22. a credit institution employees concerned with a credit institution subsidiaries, branches or representative offices and third parties, which shall take the interests of the credit institution or customer identification obtained customer information required for research, services, training plan, in addition to providing training on the following: 22.1 the regulatory requirements in the field NILLTFN running a credit institution subsidiaries, branches or representative offices; 22.2. the national legislation to the requirements of the NILLTFN area in which third parties, that the interests of the credit institution shall take the client identification or obtained customer information required for research. 23. a credit institution shall ensure regular staff of internal and external training, not less than once a year. 24. a credit institution shall ensure the regular, but not less frequently than once a year the external training with the participation of foreign experts, the Board Member, who is responsible for the NILLTFN, the NILLTFN requirements to the person in charge, and the internal audit department employees whose job responsibilities include audit of NILLTFN area, promoting the understanding of the field of issues and emerging NILLTFN trends in compliance with international standards NILLTFN.
3.3. credit institutions the new employee training 25. a credit institution provides new employee training, those entering to hold office, which includes at least the following: 25.1. This provision is referred to in point 19 internal training according to the employees ' job responsibilities and mandate, level; 25.2. the discussion section of the questioning, if necessary. 26. a credit institution new employee provides an experienced staff, who is finished this provision, paragraph 19 internal training and passed the aptitude test, and finish this rule 20, paragraph external training, monitoring the performance of their duties, to the credit institution has provided a new employee training in the area of internal NILLTFN. 27. a credit institution shall document the rules referred to in paragraph 26 of the employee who provides new position monitoring of duty, personal data, positions, and departments.
3.4. the credit institution's extraordinary training of employees 28. a credit institution in addition to the provisions referred to in point 19 internal training provides extraordinary training of staff in the field NILLTFN, at least in the following cases: 28.1. If the entry into force of the new internal and external laws and regulations in the area where NILLTFN are applicable to the employees of the credit institution; 28.2. If there have been significant changes in the economic activities of the credit institution or start operation of new financial services markets or customer segments; 17.6. If new services have been introduced, which leads to changes in the credit risk exposure on NILLTF; 28.4. If an employee in the execution of his duties, due to insufficient knowledge of violating internal and external laws and regulations NILLTFN. 29. This provision is found in paragraph 28, the credit institution provides extraordinary training appropriate in the particular case. 30. This provision found in paragraph 28.4 of the cases, a credit institution shall assess the circumstances of the employee's conduct. A credit institution shall take employee training and test, if the law does not stipulate otherwise.
4. Closing questions 31. a credit institution to 28.02.2017. internal regulations shall determine the categories of employees who are required to provide training in the area of NILLTFN, and develop and approve the provision referred to in paragraph 10 of the employee training plan. 32. a credit institution to 30.04.2017. ensure that all necessary measures are taken in order to fully apply the requirements of this regulation. 33. Be declared unenforceable in the financial and capital market Commission 23.12.2015. recommendations no. 237 "recommendations for credit institutions, crime of money laundering and terrorism financing risk management resources for the provision of staff". Financial and capital market Commission Vice-President g. Razān»


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