Republic of Panama Detailed Assessment of Anti-Money Laundering
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CONFIDENTIAL Restricted Use Only (not for use by third parties) FINANCIAL SECTOR ASSESSMENT PROGRAM REPUBLIC OF PANAMA DETAILED ASSESSMENT OF ANTI -MONEY LAUNDERING AND COMBATING THE FINANCING OF TERRORISM SEPTEMBER 2006 INTERNATIONAL MONETARY FUND LEGAL DEPARTMENT PANAMA AMLCFT Detailed Assessment Report of mission of May 2005.DOC January 8, 2007 (9:16 AM) - 2 - The contents of this report constitute technical advice and recommendations given by the staff of the International Monetary Fund (IMF) to the authorities of a member country in response to their request for technical assistance. With the written authorization of the recipient country’s authorities, this report (in whole or in part) or summaries thereof may be disclosed to IMF Executive Directors and their staff, and to technical assistance providers and donors outside the IMF. Disclosure of this report (in whole or in part) or summaries thereof to parties outside the IMF or other than technical assistance providers and donors shall require the written authorization of the recipient country’s authorities and of the IMF’s Legal Department. CONTENTS PAGE I. Assessment of Observance of the FATF Recommendations .................................................5 A. General......................................................................................................................5 B. Detailed Assessment of the Observance of the FATF Recommendations..............12 C. Recommended Action Plan.....................................................................................93 D. Authorities’ Response to the Assessment ...............................................................97 TABLES 4.1 Detailed Assessment of the Observance of the FATF Recommendations ......................12 4.2 Summary Table of Compliance with the FATF Recommendations................................89 4.3 Recommended Action Plan in Relation to the FATF Recommendations .......................93 BOXES 4.1 Regulation of AML/CFT by Activity ................................................................................7 ACRONYMS AML Anti-Money Laundering AFSSR Assessment of Financial Sector Supervision and Regulation BCP Basel Core Principles BHN Banco Hipotecario Nacional Bolsa Bolsa de Valores de Panamá, S.A. CFATF Caribbean Financial Action Task Force CFT Countering the Financing of Terrorism CNV Comisión Nacional de Valores CONAPRED Commission for the Study of Prevention of Drug-Related Crimes CPSS Committee on Payment and Settlement Systems CTR Currency Transaction Report DLMV Decree law of securities markets (Decree law number 1, July 8, 1999) DNFBP Designated Nonfinancial Businesses and Professions EGMONT EGMONT Group of financial intelligence units FATF Financial Action Task Force FIU Financial intelligence unit FSAP Financial Sector Assessment Program US-GAAP United States generally accepted accounting principles IAS International accounting standards IAIS International Association of Insurance Supervisors IOSCO International Organization of Securities Commissions IPACOOP Panamanian Autonomous Institute for Cooperatives LatinClear Central Latinoamericana de Valores, S.A. LEG IMF’s Legal Department MEF Ministry of Economy and Finance MFD IMF’s Monetary and Financial Systems Department 1 MICI Ministry of Commerce and Industry MLAT Mutual Legal Assistance Treaty MOU Memoranda of understanding OFAC Office of Foreign Assets Control PTJ Judicial Technical Police ROSC Report on Observance of Standards and Codes SdB Superintendency of Banks SIF Section of Financial Investigations of the Police (formerly UIF) SROs Self regulatory organizations SSRP Superintendency of Insurance and Reinsurance STR Suspicious transaction report UAF Financial Analysis Unit UN United Nations ZLC Free Zone of Colón 1 In August 2006, the Monetary and Financial Systems Department (MFD) was renamed the Monetary and Capital Markets Department (MCM). - 5 - I. ASSESSMENT OF OBSERVANCE OF THE FATF RECOMMENDATIONS A. General This assessment of observance of the Financial Action Task Force (FATF) Recommendations for anti-money laundering and countering the financing of terrorism (AML/CFT) has been completed as part of an evaluation of Panama’s observance of regulatory standards for the financial sector. 2 General Panama is a constitutional republic with a democratically elected president who is both chief of state and head of government. The current government began its four-year period in September 2004. The country has a unicameral legislative assembly, also elected by popular vote, and an autonomous judicial branch. The legal system is based on the civil law tradition, with some features of its commercial legislation being influenced by legal institutions of United States common law (i.e., the regulation of trusts). With a population of approximately 3 million , Panama has a territory of 78,200 square kilometers in the Central American isthmus, between the Caribbean Sea and the North Pacific Ocean, bordered by Costa Rica and Colombia. Full control and operation of the Panama Canal connecting the Atlantic and Pacific oceans were transferred from the United States to Panama in 1999. The Canal drives much of Panama’s economy, along with the Colon Free Trade Zone (ZLC), a booming real estate market and a well developed services sector, including banking and financial services. Although there is a legal parity between the local currency (Balboa) and the U.S. dollar, in practice no local currency circulates and all commercial payments and financial transactions are made in U.S. dollars. Panama endeavors to provide economic and political leadership in the Central American and Caribbean region and is a member of many international organizations, including the Caribbean Financial Action Task Force (CFATF), which it currently presides. Banking activities represent the most significant component of the financial services sector. Banking system assets on a nonconsolidated basis were $39.6 billion , and on a consolidated basis (including local and foreign subsidiaries of Panamanian-headquartered banks) were $45.8 billion at end-March 2006. At end–March 2006, there were 73 banks, including 2 state-owned banks, 37 general license private banks, and 34 international license banks. The banking center in Panama has a significant international presence, including banks from the United States, the United Kingdom, Spain, and other Latin American and European countries. Lawyers and accountants are not required to belong to a professional association in order to practice , and the associations’ codes of ethics are not legally enforceable. There are 2 The assessment was conducted by Messrs. Francisco Figueroa, Ernesto Lopez, Ms. Hellen Chirino-Roosberg, (all Fund staff), and Ms. Nancy Worthington (consultant to the Fund). - 6 - ethical rules for lawyers established by law and subject to investigation and sanction by the Supreme Court, although there have been very few sanctions in practice. General situation of money laundering and financing of terrorism Information from various criminal investigations shows that the reporting and other preventive requirements in the money laundering law have had a dissuasive effect on money laundering activity in financial institutions. The UAF reported that money laundering has moved towards other parts of the economy in order for launderers to avoid the developed capacity of banks to detect the introduction of illicit capital. The geographic location of Panama makes it an attractive transit area for drugs and related money laundering . To date, the 10 money laundering cases that have been prosecuted were based on narcotics-related predicate crimes. The cases have resulted from internal efforts in the Public Ministry (Ministerio Público) as well as from international cooperation. Other financial crimes cases have resulted mainly from foreign investigations of corruption where funds were later deposited in Panamanian financial institutions. An area of great concern involves the role that the Free Zone of Colón (ZLC) , the second largest free-trade zone in the world, can play as the originating or transshipment point for goods purchased with proceeds of narcotics trafficking, including through the Black Market Peso Exchange. The smuggling of currency, drugs, and prohibited chemical materials, the introduction and transshipment of counterfeit merchandise, and several forms of customs fraud also generate criminal proceeds that expose the system to money laundering. Officials advised that the Panamanian jungle border with Colombia is occasionally penetrated by the illegal armed groups active along their common border, but did not consider this to pose a terrorist threat to Panama. There have been no known cases of financing of terrorism. Overview of the Financial Sector and DNFBP Panama’s major financial activity is banking . The most significant Panamanian local banks are Primer Banco del Istmo, Banco General, Banco Continental, and Global Bank. The largest foreign banks are: HSBC Bank, Banco Bilbao Viscaya Argentaria BBVA, Banco Atlantico, BNP Paribas, Dresdner Bank A.G., and Banco Latinoamericano de Exportaciones. Box 4.1 lists the types of financial institutions and designated nonfinancial business and professions (DNFBPs), and provides a brief description of key activities. Not all of these entities are subject to the preventive and reporting obligations of Law 42-2000. - 7 - Box 4.1 Regulation of AML/CFT by Activity Subject to Type of Financial Activities included in FATF Regulator/ AML/CFT Institution