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Riskpro Learning has launched App Based Learning Program in Forensic Accounting and AML Domain

The RISKPRO LEARNING is a very unique application that offers courses in Forensic Accounting and Anti Money Laundering on the fingertip

Pune, April 8, 2022/Riskpro/ As a part of continuing effort in the Forensic Accounting and AML domain, Riskpro Learning is set in motion to launch  the first ever app based learning,  By using mobile application Riskpro Learning provides new way to digital education.  The main aim of launching the app is value based education in Forensic Accounting and AML domain through Edtech solution.

The app based learning is the milestone in Riskpro Learning accreditation which would help the Forensic Accounting and AML professionals/aspirants to enhance their knowledge in the domain. The courses offered through Mobile App are for all level aspirants. Therefore, right from students to professionals and from any region of the world Riskpro Learning has a course to offer for.

Global Certification Program in Forensic Accounting

For students Riskpro Learning offers an array of courses. It starts with basics of accounting till the Global Course in Forensic Accounting. Global Certification Program in Forensic Accounting commenced by Indiaforensic is a globally recognized certification. On registering, Global Certification Program in Forensic Accounting applicants will undergo E- learning.  The aspirants will be able to understand the  real life problem solving assignments. Thus,it is an international program.

Additionally, this program will also help the entry level staff who are willing to do there career in fraud detection, prevention, investigation etc.  In this program one will able to understand the overview of forensic accounting, different processes and roles of forensic accountants that take place, what are the different types of fraud, how the industry fraud works, basic understanding of forensic accounting, forensic accounting techniques developed with the help of financial statement frauds.

The one who will opt for this program will come away with in-depth knowledge, understanding. Hence,  the different ways in which it will differ from the typical accounting role.

Certified Anti Money Laundering Professional

For professionals in the AML domain the offering is Certified Anti Money Laundering Professional viz, CAMP. The CAMP program equips the aspirants with the different skills needed to handle the scenarios. The main aim of this program is the importance of AML Compliance at the time of conducting regular business. As well as know the impact on the entire society. Hence, after completion of the program, the professionals would get a thorough understanding of the terms associated with the financial crimes.
On the occasion of the launch, Mayur Joshi Founder  said “We are proud to announce the first ever launch of app based learning. Its in Forensic Accounting and AML domain”. This application opens a lot of learning opportunities for students and aspirants around the world. Hence, they just need to open an application in their mobile and all the knowledge will be at their fingertips.
“In today’s world a substantial progress is seen in fighting money laundering in the real world’s financial environment. It  introduced stronger anti-money laundering/counter terrorism-financing regimes.  However, money laundering regarded as an area which is currently under the research. Its not known to most of the people around. Hence, so by launching the first ever application based learning course is going to be beneficial for the aspirants. “Joshi further added.

About Riskpro Learning

Riskpro Learning is the most disruptive professional online education provider for the global anti-financial crime community. Since our founding in 2008, we have already enhanced the professional skills of thousands of anti-financial professionals all over the world. Through high quality, easy to access, and affordable online training programs. It started with 1 Certification and today catering 2 Flagship Professional Certifications, 3 Specialisations and 5 E-learning Certifications.

The Role of Forensic Accountants

Forensic Accountants plays a major role in fraud, investigation. With the rising technology and developments come the rise of fraud. There are many reasons why a person may commit fraud- holes in the company’s management, pressure in their personal life, or irrationality. So, once an employee is actually caught for fraud, what are the next steps? Who actually determines whether the employee’s actions count as fraud or not?

This is the job of a Forensic Accountant. Once the suspicion of fraud arises, courts call upon Forensic Accountants to investigate how the fraud occurred, and whether all the evidence collected by the Fraud Examiners points toward reasonable grounds for fraud or not.

The job of a Forensic Accountant is to study the provided data related to the case. From this, they must determine how the money was ‘stolen’, and how to recover it. Forensic accountants provide their knowledge of investigating, accounting, and auditing to collect and present evidence related to fraud. They may also be asked to present their findings in court in the case of litigation.

Regular accounting requires recording and cross-checking the transactions made by a business. On the other hand, forensic accounting requires in-depth- analysis. This is helpful in recovering lost money and resolving conflict among the involved parties.

Forensic accountants must have superb numerical and analytical skills. They use these to pore over the given material in-depth and present facts that would otherwise be complex in a clear, simplified manner.

So, why is Forensic accounting necessary in today’s world?

The increasing need for Forensic Accountants is greatly tied to the rise in corporate and individual fraud. With the increasing economic pressure, more struggling individuals and companies may resort to fraud in order to make quick money, or keep up their targets.

People are facing the loss of their job and insolvency now more than ever, which may drive them to extremes. People can commit fraud in many ways, and it’s not always easy for the higher-ups to keep track of each and every employee in the company.

Sometimes the Internal Audit of the companies themselves may fail to notice the red flags. Management itself may not be able to pinpoint the reason for fraud or determine how the money was spent. In this case, they hire Forensic Accountants to follow the trail for them. Even if the audit committee is able to detect when and how fraud occurs, they usually do not have the resources or time to carry out in-depth investigations. These functions are then left to the team of Forensic Accountants.

Forensic Accountants usually use their own arsenal of skills to get the job done. However, in most cases, they work in tandem with insurance agents, law enforcement officers, and government institutions to figure out the best course of action.

A day in the life of a Forensic Accountant

Here’s what goes on behind the scenes in this exciting career-

Investigation

Like any other case, a Forensic Accountant begins his/her investigation once the suspicions of fraud are confirmed. This first step involves combing through data to look for any discrepancies, interviewing employers and management of the affected company, and following other trails. It is up to Forensic Accountants to use their analytical skills to speculate on what exactly might have happened. Once they reach a rough conclusion, they then figure out a plan for the next steps and relay it to the company. The accountants and employees will then cooperate for the remainder of the task.

Reporting the findings

Once the Forensic Accountants put a plan into place, they inform the required law enforcers. The law enforcement team then begins an investigation of the suspects based on the evidence compiled by the Forensic Accountants. Based on their findings, they also point out various shortcomings in the company’s security system. They may also work together to create strategies for better security in the future, to prevent fraud from taking place again. Using all the data gathered, the Forensic Accountant team prepares a comprehensive report which they then submit to the law enforcers and lawyers in charge of the case. Once they do this, they may have to prepare to present their findings in court.

Legal proceedings

The Forensic Accountant acts as one of the most important witnesses in court. They now possess in-depth knowledge of all the events of the case and use this to testify against the culprit. They present their report and explain the evidence in detail to the judge and jury, who will then deliberate and pass the final verdict. It is up to the Forensic Accountant to explain all the details of the case in such a way that everyone understands. This ensures that the court is able to reach a just decision. All in all, the Forensic Accountant plays an extremely important role in every step throughout this journey.

How can you become a Forensic Accountant?

Are you interested in joining the high-profile world of Forensic Accounting? Here’s how you can start your journey into this lucrative and fulfilling career-

  1. Anyone looking to be a Forensic Accountant must naturally have a curious mind and a nose for sniffing out danger. Education will only take you so far- it’s the ability to read between the lines that makes a Forensic Accountant so great. Apart from this, they must also be great with numbers and have a fondness for compiling and analyzing data.
  2. To begin your journey, you must build a good base. Aspirants must possess a Bachelor’s Degree in Finance, Accounting, or Forensic Accounting. In a few cases, even a Criminal Justice or Law Enforcement degree will do. Usually, one must spend a few years as a general accountant before entering the field of Forensic Accounting. To gain more experience and renown, one can obtain a Masters in the subject as well. This will open the doors to more demanding and higher-paying positions.
  3. As with any other position, collecting certifications along the way is always a good idea! Many jobs require a Certified Public Accountant License. Many more helpful certifications exist that can help forge new paths, like the Certified Forensic Accounting Professional (CFAP) and Certified Bank Forensic Accountant (CBFA). Though certificates are not always required, they definitely help Forensic Accountant aspirants get a leg up over other candidates!

We can help!

So, now that we’ve explored the basics of Forensic Accounting, are you ready to build an exciting and rewarding career in this world? You can start your journey today with Riskpro Learning! We offer a number of courses and certifications that can help you expand your knowledge on the subject. Broaden your horizons with us today!

The Nature of Fraud and Why People Commit the same

What is fraud?

Fraud occurs when a person intentionally causes financial loss to another person through deceit and deception. The fraudster usually does this by misleading the victim in order to gain control of their assets. It is a form of planned, calculated theft. Fraudsters may conduct their activities online, or by carrying out dishonest operations in real life.

The offenses can either be civil or criminal in nature. In the case of civil fraud, the victim files a case against the accused in order to seek the recovery of their lost assets. In the case of criminal fraud, a law enforcement body files a case against the fraudster in order to enforce justice. This is usually in the case of large-scale fraud against companies or many individuals.

The different instances of fraud

There are many ways in which fraud can occur. Here are a few instances of fraud:

Consumer Fraud

Bogus companies and fraudsters may defraud people in the name of reliable companies using Pyramid schemes, phishing, telemarketing, and other means. They may also target consumers online by emailing them links that can compromise their private information when opened. The consumers themselves are led to believe that they are taking part in business as usual. However, once they suffer the loss of their assets, they realize that they have been defrauded.

Financial Statement Fraud

Companies may manipulate their financial statements in order to polish their image in the public eye, or receive bonuses for meeting certain targets when in reality they haven’t done so. They do this by overvaluing their assets, neglecting to mention expenses and liabilities, adding non-existent revenue, and skewing the timing of entries.

Corruption

Company officials at high levels may engage in taking bribes to appease paying customers. They misuse their power and influence for their personal gain. The demands of the payee, in this case, are almost always unlawful, which is why these under-the-table transactions take place.

Asset Misappropriation

Employees of the company may be misusing the provided assets for their own personal gain. The most common malpractice regarding assets is swiping cash before it is recorded in the company’s systems. Detecting this type of fraud is often quite difficult, as no records exist to unmask the fraudster. Employees may also indulge in check tampering, payroll schemes, fake billing, and inventory manipulation. Asset misappropriation also includes the misuse of company machinery and software for one’s own gain. This means using it for reasons other than for its intended purpose.

Theft of trade secrets

This happens when employees use confidential information for their own gain. It is a form of stealing- robbing the company of its creativity and ideas and taking credit for it. If a person or company steals the intellectual property (such as a recipe, lyrics, or a marketing idea) of another company, then it is a type of fraud.

Understanding the motives behind fraud- the Fraud Triangle

The fraud triangle is a representation of why a person might be driven to commit fraud. Each component of the triangle represents a motive behind fraud. So, how does the mind of a fraudster work? Let’s find out-

Opportunity

The first point of the triangle is Opportunity. When calculating people see circumstances that would allow them to commit fraud, they take it. These opportunities are usually caused by unorganization or negligence on the company’s part.

These opportunities are born from the weakening of a company’s internal controls. The internal controls of a company refer to the rules and guidelines put in place to ensure that all accounting and financial processes are done diligently and without any room for fraud.

When there are any gaps left in these quality checks, then people may take the opportunity to commit fraud. When the organization is lacking in competent supervision and checks on these controls, then it leaves alto of holes for employees to take advantage of the situation. If the methods of recording accounts and other financial transactions are inadequate as well, then it may result in employees skewing the entries.

If the upper management of a company is lackluster and doesn’t abide by the proper moral and ethical codes of the company- then it may reflect in the behavior of its employees. Management that conducts themselves properly in public and work diligently decreases the chance of fraud occurring in a company. If the management and board directors themselves fail to do their job, then it reflects poorly on the company, leaving the employees to act however they please. In many cases, this leads to them taking advantage of the management’s aloof manner for personal gain.

Incentive/Pressure

The second point of the fraud triangle is Incentive or Pressure. Pressure usually stems from the employees themselves, who may feel trapped or caged because of certain conditions. They feel that committing fraud to boost their numbers is the only way to escape from their predicament.

The most common form of pressure employees face is their performance review. In many companies, the efficiency of an employee is measured by the revenue he or she brings in, or by the commission they earn. If the expectations from the employees are too high, they may resort to fraud to oversell themselves in the hopes that their managers see them as good performers.

Many companies also offer bonuses to employees who hit certain revenue targets. People may manipulate their numbers in order to qualify for these bonuses- which is also a form of fraud.

Sometimes, companies may also feel pressure from their investors to perform well snd provide good returns. They may commit fraud to maintain good stock prices and keep the investors happy.

Employees may also be facing pressure from unfortunate circumstances in their personal life. Crippling debt, gambling and alcohol addictions, and looming bills may cause them to steal money from the company. People dealing with such issues are the most likely suspects of committing fraud.

Rationalization

The final point is Rationalization. A fraudster may try to justify their actions to themselves or anyone who catches them, in order to convince themselves that what they are doing is right.

The most common causes of this reasoning are when an employee feels that they are being overlooked or mistreated by the company. It may either be a way of getting attention, or payback for their unhappiness.

Sometimes, in the process of rationalizing their actions to themselves, an employee may in fact become irrational. They may get thoughts that committing fraud is the only way they can earn money and live a good life, or that everyone else in the company is secretly doing it as well.

Conclusion

Committing fraud is a criminal offense, and will always remain so. However, the people who commit fraud may always not have malevolent intentions. The reasoning of people behind their actions may often be complex, and there is always more than what meets the eye. The ‘fraud triangle’ sums up these reasonings quite well, and gives us an insight into what might be going on inside the minds of these offenders.

 

Introduction to Fraud Examination and Forensic Accounting

What is Fraud?

To grasp the ideas of Fraud Examination and Forensic Accounting, let’s start by understanding what fraud means.

Fraud happens when someone purposely makes another person lose money by tricking them. The trickster usually does this by fooling the victim to take their money or belongings. It’s like a planned, sneaky kind of stealing. Fraud can occur online or in the real world.

The offenses can either be civil or criminal in nature. In the case of civil fraud, the victim files a case against the accused in order to seek the recovery of their lost assets. In the case of criminal fraud, a law enforcement body files a case against the fraudster in order to enforce justice. This is usually in the case of large-scale fraud against companies or many individuals.

The different instances of fraud

Fraud can happen in many different ways. Let me give you a few examples of how fraud can happen:

Consumer Fraud

Bogus companies and fraudsters may defraud people in the name of reliable companies using Pyramid schemes, phishing, telemarketing, and other means. They may also target consumers online by emailing them links that can compromise their private information when opened. The consumers themselves are led to believe that they are taking part in business as usual. However, once they suffer the loss of their assets, they realize that they have been defrauded.

Financial Statement Fraud

Companies may manipulate their financial statements in order to polish their image in the public eye or receive bonuses for meeting certain targets when in reality they haven’t done so. They do this by overvaluing their assets, neglecting to mention expenses and liabilities, adding non-existent revenue, and skewing the timing of entries.

Corruption

Company officials at high levels may engage in taking bribes to appease paying customers. They misuse their power and influence for their personal gain. The demands of the payee, in this case, are almost always unlawful, which is why these under-the-table transactions take place.

Asset Misappropriation

Employees of the company may be misusing the provided assets for their own personal gain. The most common malpractice regarding assets is swiping cash before it is recorded in the company’s systems. Detecting this type of fraud is often quite difficult, as no records exist to unmask the fraudster. Employees may also indulge in check tampering, payroll schemes, fake billing, and inventory manipulation. Asset misappropriation also includes the misuse of company machinery and software for one’s own gain. This means using it for reasons other than for its intended purpose.

Theft of trade secrets

This happens when employees use confidential information for their own gain. It is a form of stealing- robbing the company of its creativity and ideas and taking credit for it. If a person or company steals the intellectual property (such as a recipe, lyrics, or marketing idea) of another company, then it is a type of fraud.

So, now that know what fraud is, it’s time to move on to how to pinpoint it and prosecute the fraudsters. This is where Fraud Examination and Forensic Accounting come in.

Fraud Examination- how to pinpoint a fraudster

Fraud Examination refers to the investigation of potential fraud on the basis of complaints, tips, and other material gathered. A fraud examiner must thoroughly inspect all aspects of the case. He can do this by gathering clues, interviewing suspects, collecting data from witnesses, and going through related documents. He must also take efforts to prevent fraud from occurring in the case that it is yet to happen. Fraud Examiners are expected to both investigate as well as solve potential cases of fraud.

A Fraud Examiner is not the final verdict-taker- he must merely gather all the evidence and present it in a clear, unbiased manner for the judge to take the final decision. The court also expects the Fraud Examiner to present his findings in a comprehensive manner, and testify against the suspects.

Forensic Accounting- analyzing the fraud

On the other hand, Forensic Accounting refers to the investigation done by trained accountants after the fraud actually occurs.

A Forensic Accountant is like a financial detective. They carefully look at financial papers and records to figure out how a scam or trick affected the person who got tricked. These special accountants use their talents to help in catching the bad guys. They study the evidence to understand what exactly happened during the scam and what happened afterwards as a result of it. This helps in taking legal action against the wrongdoers.

Forensic Accountants play a similar role to Fraud Examiners, just on a more technical level.

How are Fraud Examination and Forensic Accounting different from one another?

Fraud Examination and Forensic Accounting are unique and similar in nature. However, there are a few key differences by which we can tell them apart.

The first and most important difference is the timing of the investigation. Fraud Examination is done to prove the occurrence of fraud, while on the other hand, Forensic Accounting takes place after the confirmation of fraud. Fraud Examiners work on the basis of speculation and prediction, while Forensic Accountants work with the guarantee that the fraud has already taken place.

The main goal of the Fraud Examination is to determine who is conducting the fraud and whether it is taking place or not. On the other hand, the job of Forensic Accountants is to determine to extent of the damage caused. They must also come to a conclusion about whether the fraud allegations are in good reason.

The methods used by both parties are also quite different. Fraud examiners use documents, interview eyewitnesses, and access public records to make their claims. Whereas, Forensic Accountants study all financial documents involved in-depth to come to a feasible conclusion.

Though both investigations usually end in litigation, the findings of the Fraud Examiner will determine whether there are to be any court hearings or not, while on the other hand, the evidence collected by Forensic Accountants acts as support in the case of litigation.

The “Certified Bank Forensic Accountant” course from Indiaforensic is a comprehensive training program. It teaches bankers about forensic accounting and fraud examination. This course is really important for those who want to help stop financial crimes happening in banks. It covers a range of topics from bank frauds to cryptocurrency investigations.

Conclusion

So, we can say that Fraud Examination and Forensic Accounting are two sides of the same coin. Both these professionals need to work in harmony with each other to successfully identify fraud and appropriately prosecute the fraudster. Fraud Examination may even be considered a branch of Forensic Accounting. The ultimate goal of the two is to deal swiftly with any instances of fraud and protect victims from it in the future, as well as stop any potential fraud from occurring.

AML In Bahrain

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Introduction

The AML in Bahrain is crucial aspect now a days. The battle against further money laundering (‘AML’) and terrorism funding (‘CFT’) is a top concern for the National Bank of Bahrain. Bahrain is a participant of the Financial Action Task Force (‘FATF’). This is due to the Gulf Cooperative Authority’s full participation in the FATF. It is devoted to adhering to all global norms in this regard. Bahrain is also a founder participant and host of the regional MENA-FATF secretariat.

The CBB operates an Enforcement Directorate. This is entrusted with managing the CBB’s AML/CFT operations. This is in order to guarantee efficient enforcement with applicable standards. Also to protect Bahrain’s good image as a well-regulated financial hub.

AML in Bahrain

Money laundering is still a concern in Bahrain. The Anti-Money Laundering Unit (AMLU) received the most Suspicious Transaction Reports (STRs) ever since its creation in 2007.

The Bahraini administration passed an anti-money laundering (AML) legislation in January 2001. It makes laundering of funds from any underlying offense illegal. Accused money fraudsters and anyone who helps or facilitates them face up to seven years in jail. They will also be charged with a penalty of up to one million Bahraini dinars (BD). If there is an organized illegal relationship, bribery, or concealment of the source of earnings. A punishment of at least 100,000 dinars and a jail time of at least five years are the statutory penalties.

Importantly, the AML statute authorizes Bahrain to pursue a financial laundering breach. That is even if the conduct is not a financial crime in Bahrain. For instance, there is zero income tax in Bahrain. But anybody engaged in unlawful monetary operations for the aim of dodging another country’s taxation structure may be convicted in Bahrain for financial laundering.

Bahrain Monetary Agency

following the latest passage of the bill, the Bahrain Monetary Agency (BMA), the country’s federal bank’s primary finance industry watchdog, released guidelines mandating financial companies to submit Suspicious Transaction Reports (STRs). This is to keep information for a five-year period. Account credentials should also be easily accessible to law investigation agents. Those who identify fraudulent activity are immune from illegal or civil prosecution. There is no minimum threshold for filing an STR.

Furthermore, the legislation calls for the establishment of the Anti-Money Laundering Unit (AMLU) as Bahrain’s Financial Intelligence Unit (FIU). The AMLU is located inside the Department of the Interior. It has the authority to accept allegations of financial laundering violations. Also to undertake preparatory examinations. They carry out processes linked to multinational collaboration in accordance with the legislation. Also, to carry out rulings, judgments, and decisions made by appropriate authorities in cases involving financial laundering. In July 2003, the AMLU joined the Egmont Group of FIUs.

In 2021, the AML statute was updated.

Compliance with FATF Recommendations

The Financial Action Task Force (FATF) conducted the most recent Mutual Evaluation Report on the execution of anti-money laundering and counter-terrorist funding requirements in Bahrain. Based on the assessment, Bahrain was found to be Compliance for 8 of the FATF’s 40 guidelines, and Compliance or Nearly Compliance for 26 of them. It received an Extremely Efficient rating for 0 and a Significant Efficient grade for 3 of the Efficiency and Technical Compatibility categories.

US Department of State Money Laundering assessment (INCSR)

According to the US Ministry of State’s 2016 International Narcotics Control Strategy Report, Bahrain is a Jurisdiction of Concern (INCSR). The following are the review’s major discoveries: –

Bahrain is the Arab area’s main economic capital. Service-based financial system evolved in Bahrain. The financial industry accounts for around 18% of GDP. It is home to a varied range of financial companies. It comprises 113 licensed banks, 19 financial intermediaries, and a number of other financial organizations, including 151 insurance companies. The biggest danger of money laundering comes from criminal earnings of immigrant provenance passing through the nation. Bahrain’s extensive financial infrastructure, as well as its position as a transportation hub throughout the Gulf and into Southwest Asia. It has the potential to encourage financial laundering operations. Bahrain has no substantial black marketplace for stolen items or recognized ties to narcotics smuggling.

Bahrain’s main harbor, Khalifa bin Salman Harbour, has a special movement corridor. This is to promote duty-free imports of equipment and infrastructure. The North Sitra Commercial Estate also has a free zone. Raw commodities destined for refining in Bahrain, as well as equipment supplied by Bahraini-owned companies, are duty-free. Duty-free storage is available for foreign products. These free regions do not serve as a major resource of financial laundering or terrorism funding.

The Economy of Bahrain

Bahrain is the country’s second-freest economy in the Middle East and North Africa. Bahrain is host to a plethora of global corporations with operations throughout the Gulf. All thanks to its advanced communication and transportation infrastructure. Petroleum manufacturing and refining contribute to more than 60% of Bahrain’s export earnings, 70% of federal income, and 11% of GDP (exclusive of affiliated sectors). It backs Bahrain’s current robust economic development. After oil, aluminum is Bahrain’s second most important export. The finance and industrial industries are also important parts of Bahrain’s economy. Bahrain is mostly concerned with Islamic finance. On a global dimension, it competes with Malaysia as a global financial hub.

Bahrain is aggressively seeking economic expansion and privatization. This is in order to minimize the nation’s reliance on oil. As part of this endeavor, Bahrain and the United States signed a Free Trade Agreement (FTA).  The first FTA involved the United States and a Gulf nation. Bahrain’s capacity to obtain fresh natural fuel sources as feedstock to power its developing petrochemical and aluminum sectors is critical to the country’s ongoing robust development. Long-term economic challenges include joblessness, particularly amongst the youth, and the degradation of hydrocarbon and subsurface water supplies.

Sanctions

There are presently no global sanctions in place regarding this nation.

The Arab League (composed of 22 Arab partner entities), of which this nation is a participant, has agreed to impose sanctions on Syria. These are some examples: –

  • Interrupting operations with Syria’s central bank.
  • Arab states are suspending financing for developments in Syria.
  • Visiting other Arab nations by prominent Syrian officials is prohibited.
  • Properties associated with President Bashar al-regime Assad’s have been frozen.
  • The statement also requests that Arab central banks supervise payments to Syria, with the exemption of donations from Syrians living abroad.

Combating Money Laundering in Kuwait: Challenges and Strategies

Introduction

Money laundering is not a common issue in Kuwait. Nonetheless, Kuwait has undertaken great attempts to keep a solid Anti-Money Laundering (AML) framework in place.

Kuwait isn’t any anymore on the FATF list of nations with significant anti-money laundering shortcomings.

Money laundering is frequently regarded as a victimless offense. However, the fact is that it is a critical gear in the global financial wheel for organized criminality and terrorist acts. Bribery is frequently referred to as money laundering’s “twin.” The gravity and importance of these offenses are frequently misinterpreted and undervalued. Because of the important work done by numerous non-governmental organizations (NGOs) and Global organizations (such as the IMF), this topic has attracted major attention not just in Kuwait, but also throughout the Middle East area. While there have also been significant advances in Kuwaiti legislation against both fraud and financial laundering.

AML in Kuwait

The Emir of Kuwait enacted Law No. 35, which criminalizes money laundering, on March 10, 2002. Furthermore, the legislation forbids financial companies from maintaining or creating any secret accounts, as well as accounts with fictional or metaphorical identities. The rule also compels financial institutions to authenticate the identities of both frequent and infrequent customers. It also requires financial institutions to keep all transaction data and client identity details for a minimum of five years. In addition, training and the establishment of inner monitoring mechanisms are required. Any questionable transactions should also be reported.

The Central Bank of Kuwait (CBK) published Resolution No. 1/191/2003 on June 23, 2003. The Kuwaiti Financial Inquiries Unit is established (KFIU). Collecting and assessing complaints of potential money laundering is one of their tasks. It is also necessary to create a record of questionable transactions. In addition, anti-money laundering instruction will be provided, as will internal and worldwide data exchanges. The KFIU collaborates with the Office of the Public Prosecutor (OPP). This is for the purpose of processing and exchanging details concerning questionable money-laundering behavior.

The Anti-Corruption Authority was founded by Law No. 24/2012. They are in charge of all AML-related actions in Kuwait. Law No. 105/2013 went into force in May 2013. It superseded Law No. 35/2002. It also amended the statute to incorporate all current advancements in the field of anti-money laundering. This contains global conventions governing terrorist financing and similar actions.

FATF on Kuwait

The FATF applauds Kuwait’s strong progress in enhancing its anti-money laundering and counter-terrorist financing policy. It mentions that Kuwait has a legislative and administrative structure in place. This is in order to achieve its promises in its implementation strategy addressing the strategic inadequacies highlighted by the FATF.  As a result, Kuwait isn’t longer subject to the FATF’s surveillance procedure as part of its continuing worldwide AML/CFT adherence procedure. Kuwait will collaborate with the MENAFATF. As it manages to resolve the entire spectrum of AML/CFT problems mentioned in its annual assessment report, including completely enforcing UN Security Council Resolution 1373.

Sanctions

There are presently no global sanctions in place upon this nation.

The Arab League consisting of 22 Arab member countries of which this nation is a part, had agreed to impose sanctions on Syria. These are some examples: –

  • Interrupting operations with Syria’s central bank.
  • Arab states withdrew funding for all the projects in Syria.
  • The prominent Syrian Authorities prohibited to visit other Arab Nations.
  • Properties associated with President Bashar al-regime Assad’s were frozen.

US Department of State Money Laundering assessment (INCSR)

The United States Department of State’s 2016 International Narcotics Control Strategy Report designated Kuwait as a Jurisdiction of Concern (INCSR). The following are major conclusions from the document: –

Kuwait is not a financial hub in the area. The Supreme Bank of Kuwait estimated overall financial industry holdings of $388 billion as of 31 December 2020. At the time, Kuwait had 23 banks active. Financial laundering and other financial offenses continue to be a source of worry. Illegal revenues are typically associated with incidents of theft, trafficking particularly to/from Iraq, and bribery. Credit card scams, products infringement, financial fraud, and market tampering are examples of money-raised offenses. The existence of severe organized or multinational crimes is unknown to the officials.

Personal monetary assistance to terrorist organizations, especially by people acting beyond the government-approved charity structures, remains a source of worry. The Kuwaiti administration undertook a number of steps in 2015. To increase the control and supervision of various charities in nations its done.This involves keeping track of transactions to overseas recipients. Additionally, the Ministry of Social Affairs and Labor has made efforts to check social sites and control internet contributions.

AML and economy

Kuwait is geographically tiny yet economically prosperous. It has 102 billion barrels of crude oil reserves, making it a reasonably free country. It accounts for higher over 6% of global reserves. Authorities in Kuwait intend to expand oil output to 6 million barrels per day by 2022. Oil contributes to more than half of the total GDP. They account for 94% of export earnings and 90% of federal earnings.

After generations of strong oil rates, Kuwait had a budgetary shortfall for the first time in many years. Kuwaiti officials have attempted to lower the shortfall by reducing expenditure on regional people subsidies, but have had minimal results. Although Kuwait’s reliance on oil, the administration had prepared for the consequences of decreased oil rates. They accomplished this by putting at minimum 20% of federal money aside each year in the Financing for Coming Generations.

Kuwait has been unable to broaden its industry or strengthen its private sector. This is due to a bad economic environment. Also, due to the massive state sector, which pushes out private job opportunities for Kuwaiti people.The Kuwaiti administration has achieved modest headway at implementing its lengthy economic growth strategy. While the administration intended to invest up to $500 billion over a number of years. For broadening the industry, encouraging additional finance and to increase private sector engagement.  However, due to an unpredictable political scenario, most of the plans did not materialize.

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