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ISLE of MAN GOVERNMENT National Risk Assessment of Money Laundering and the Financing of Terrorism

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ISLE of MAN GOVERNMENT National Risk Assessment of Money Laundering and the Financing of Terrorism ISLE OF MAN GOVERNMENT National Risk Assessment of Money Laundering and the Financing of Terrorism Cabinet Office Oik Coonceil ny Shirveishee NATIONAL RISK ASSESSMENT 2015 2 Disclaimer This National Money Laundering and Terrorist Financing Risk Assessment of the Isle of Man has been conducted as a self-assessment by the Manx Authorities, using the National Money Laundering and Terrorist Financing Risk Assessment Tool that has been developed and provided by the World Bank. The World Bank team's role was limited to delivery of the tool; providing guidance on technical aspects of it and review and feedback to assist with the accurate use of it. The data, statistics, and information populated into National Money Laundering and Terrorist Financing Risk Assessment Tool templates, and any other finding, interpretation, and judgment under the scope of National Money Laundering and Terrorist Financing Risk Assessment process completely belong to the Isle of Man and do not reflect the views of World Bank. Cabinet Office, Isle of Man Government NATIONAL RISK ASSESSMENT 2015 CONTENTS Foreword by the Chief Minister 4-5 1. Isle of Man: The political, economic and international environment 6-7 2. Key Findings 8-10 3. Proposed Steps — National Level 11 4. Financial Sector 12-14 5. Non-Financial Sector 15-18 6. Proposed Steps – Sectoral Level 19 7. Terrorist Financing Risk 20 8. Overall assessment of national money laundering risk 21 9. International perspectives and perceptions 23-24 10. Domestic and international threat indicators and data 25-29 11. Challenges, deficiencies and gaps in data collection 30 3 12. Actions required to improve data/statistics on crime 31 s t n e 13. Overall assessment of national vulnerability to money laundering 32 t n o c 14. Identified priorities for improvement (1-6) 33-39 f o 15. Other national level issues 40-41 e n i l t u 16. Sector Reports O a) Banking 42-44 b) Securities 45-48 c) Insurance and Pensions 49-53 d) Other Financial Institutions 54-58 e) Moneylenders in the Isle of Man 59-61 f) Gambling 62-66 g) Trust and Corporate Service Providers (TCSPs) 67-69 h) Advocates 70-72 i) Accountants 73-75 Annex I National Risk Assessment Process Annex II Isle of Man Government AML/CFT Framework Annex III Isle of Man International Sanctions Policy and Practice Annex IV UK National Risk Assessment of Money Laundering and Terrorist Financing Glossary of terms and acronyms Cabinet Office, Isle of Man Government NATIONAL RISK ASSESSMENT 2015 Foreword by the Chief Minister his is the first National Risk agency group which included law Assessment of money laundering and enforcement, regulators and Government T terrorist financing (NRA) conducted by officers, with significant input from the Isle of Man, reflecting the Island’s representatives of the private sector. continuing commitment to uphold the highest international standards in protecting The purpose of the exercise was to achieve a our economy against criminal abuse. clear understanding of the money laundering and terrorist financing risks faced by the Money laundering and terrorist financing Island, to assess the level of that risk and to present global threats, against which all identify measures that will help to provide countries have a responsibility to provide further protection. robust defences. This is a responsibility that the Isle of Man takes particularly seriously. The NRA is intended to inform Government policy making and to directly influence the As a recognised centre for international efficient allocation of resources. Its findings 4 business and finance, the Island is home to will also help industry, providing a national many successful companies which have a context within which businesses can carry significant presence around the world. We out their own risk based reviews. r e t are determined to protect the reputation and s i n Considerable further progress has been i integrity of our business community by M made since this National Risk Assessment f ensuring that the Isle of Man is not a place e i was finalised in the summer of 2015. h where criminals can find a welcome. C e h t Conducting a NRA is a requirement of the The introduction of the Designated y Businesses (Registration and Oversight) Act b Financial Action Task Force which sets the d r international standards on anti-money in October 2015, which is anticipated in this o w laundering and combating the financing of report, represents a major enhancement of e r the Island’s anti-money laundering and o terrorism. F combating the financing of terrorism regime. The Isle of Man’s NRA was led by a multi- “ We are determined to protect the reputation and integrity of our business community by ensuring that the Isle of Man is not a place where criminals “ can find a welcome. Cabinet Office, Isle of Man Government NATIONAL RISK ASSESSMENT 2015 Concerns identified regarding the This may be the first NRA for the Isle of effectiveness of the Financial Crime Unit are Man, but it will not be the last. Evolving also being addressed. The Financial international standards, together with our Intelligence Unit Bill, which is expected to own need to ensure a robust national receive Royal Assent shortly, establishes the understanding of risk, requires regular re- FIU as a separate legal entity providing a examination and, periodically, a full review. structure which can appropriately prioritise intelligence gathering. I have been encouraged by the very high level of cooperation and engagement shown A further piece of legislation, the Terrorism by industry representatives in this initial and Financial Crime (Miscellaneous assessment process, and I look forward to a Amendments) Bill, is also due to receive continuation of this positive approach in the Royal Assent. As well as addressing a future. number of technical points, this legislation allows the Isle of Man to respond more quickly to international sanctions and will 5 also enable a swifter domestic legislative response in respect of money laundering and r e t terrorist financing. s i n i M Another significant milestone was reached in f e i November 2015 with the merger of the h C Financial Supervision Commission and the e h t Insurance and Pensions Authority to form the y b Financial Services Authority. This was a d planned merger which did not arise out of r o the NRA; nevertheless I expect that this new w e r regulatory body will provide a co-ordinated o F and strengthened and approach to anti- money laundering and combating the financing of terrorism and proliferation for the Isle of Man. Significantly, the work that has taken place and the actions arising from it have now been translated into a National Strategy for Anti-Money Laundering and Combating the Financing of Terrorism. This Strategy, which will set the direction of travel for the Government, will also undoubtedly be informed by the forthcoming MONEYVAL 5th Hon. Allan Bell MHK Round assessment in April of this year. Chief Minister Cabinet Office, Isle of Man Government NATIONAL RISK ASSESSMENT 2015 1. Isle of Man: The political, economic and international environment he Isle of Man is a self-governing customs and excise duty debts. The mutual British Crown Dependency with the HM assistance under EU law extends to where T Queen Elizabeth II as Head of State. It the EU has entered into mutual assistance has its own government and laws, and a agreements with third countries on customs parliament, Tynwald, recognised as the matters. oldest continuous parliament in the world. The Island has its own legal system and The United Kingdom Government, on behalf jurisprudence. English law is not directly of the Crown, is ultimately responsible for applicable in general, but the Manx legal the Island’s defence and international system is based on the principles of English relations. In recent years the Isle of Man has common law and is accordingly very similar – in agreement with the UK and its to English law in areas such as crime, international partners – represented its own contract, tort and family law. However, in interests internationally, notably by certain areas, although modelled on English 6 concluding a significant number of bilateral law, Manx law has adapted to meet the tax agreements. The Isle of Man is financially Island’s own special circumstances, t n autonomous and receives no financial particularly with regard to direct taxation, e m assistance from either the UK or the company law and financial supervision. The n o European Union. The Isle of Man is not Island’s High Court judges hold the ancient r i v represented in the UK or European office of Deemster and have jurisdiction over n e l Parliaments. all criminal and civil matters. a n o i t The relationship of the Isle of Man with the Notwithstanding the natural economic a n r EU is set out in Protocol 3 to the UK’s Act of disadvantages associated with its small size, e t n i Accession (1972), and allows for free trade in geographical location and lack of natural d agricultural and manufactured products resources, the Island has used its legislative n a between the Isle of Man and the EU. In and fiscal autonomy to build a strong, stable c i m essence, the Isle of Man is outside the EU economy and political system for the benefit o n except for EU law and policy on customs of the Manx people. Traditional industries of o c e matters and the free movement of goods. In farming, fishing and tourism have been , l a all other matters, including direct tax and joined by sectors such as financial services, c i t i financial services, the Isle of Man is in the e-business, shipping, aviation and high-tech l o p position of a “third country” or non-Member manufacturing to create a diverse economy e h State.
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