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FINANCIAL SECURITY COMMITTEE Cosifi HOLY SEE VATICAN CITY FINANCIAL SECURITY COMMITTEE CoSiFi HOLY SEE VATICAN CITY STATE GENERAL RISK ASSESSMENT ON THE PREVENTION AND COUNTERING OF MONEY LAUNDERING AND THE FINANCING OF TERRORISM December 2018 1 - 24 2 - 24 FOREWORD The General Risk Assessment of the Holy See and the Vatican City State is the result of the Holy See's firm commitment to establishing an effective system to prevent and combat money laundering, the financing of terrorism and the proliferation of means of mass destruction. The document shows how, also considering the uniqueness and geographical configuration of the jurisdiction, the potential risks come mainly from outside and are connected to international or cross-border activities. On the domestic level, a number of specific areas have been identified in which to strengthen safeguards, such as donations, public procurement contracts and non-profit organisations registered in the Vatican City State. The objective is to protect the jurisdiction and to make the Holy See an increasingly credible and effective player in international cooperation, given the challenges facing the international community in a complex and ever-changing world. Msgr. Paolo Borgia President 3 - 24 4 - 24 A. INTRODUCTION Methodology 1. The General Risk Assessment (GRA) on the prevention of Money Laundering (ML) and the Financing of Terrorism (FT) is a process aimed at identifying and analyzing the potential risk sources and factors in connection to ML/FT in the Holy See and Vatican City State based on the methodology provided by the World Bank (WB): “National Money Laundering and Terrorist Financing Risk Assessment Tool” (methodology). 2. The GRA process is based on two pillars: (a) Identification and assessment of ML/FT Threats; (b) Identification and assessment of ML/FT vulnerabilities. 3. The Financial Security Committee (CoSiFi)1 is the competent authority for the establishment of criteria and procedures and the approval of the GRA on the prevention and countering of ML/FT and its regular update2. 4. For the preparation of the GRA process the CoSiFi adopted the World Bank methodology. In particular, the following modules were used: (a) Module 1: “Threats Assessment”; (b) Module 2: “Domestic Vulnerabilities”; (c) Module 3: “Financial Sector Vulnerability”; (d) Module 8: “Terrorism Financing Risk Assessment”. 1 The CoSiFi is the coordinating body composed by the Holy See and Vatican City State competent Authorities for the prevention and countering of ML, FT and the proliferation of weapons of mass destruction (see Apostolic Letter issued “Motu Proprio” by Pope Francis on 8 August 2013 for the Prevention and Countering of Money Laundering, the Financing of Terrorism and the Proliferation of Weapons of Mass Destruction). According to the Rescriptum “Ex Audientia SS.MI” of April 4, 2016 “Modifying the Statute of the Financial Security Committee”, are member of the CoSiFi: a) the Assessor for General Affairs of the Secretariat of State, who is its Chair; b) the Under-Secretary for the Holy See’s Relations with States; c) the Secretary General of the Governorate of the Vatican City State; d) the Prelate Secretary of the Secretariat for the Economy; e) the Promoter of Justice at the Tribunal of the Vatican City State; f) one of the Adjunct Auditors of the Office of the General Auditor; g) the Director of the Financial Information Authority; h) the Director of the Security and Civil Protection Services of the Governorate; i) the Commander of the Corps of the Pontifical Swiss Guard. 2 See Article 2 (a) (b) of the Statute of the CoSiFi. 5 - 24 Process, Phases and Coordination 5. To conduct the GRA, the CoSiFi created two technical Working Groups (on “Threats and Vulnerabilities”3 and “Financial Sector”4) and designated the Director of the Financial Information Authority (FIA) as the coordinator of the project. In the course of the assessment process, two ad hoc workshops, with the participation of the World Bank’s (WB) focal points, were held. (Box 1) Box 1 GRA Process The risk assessment process was structured in 3 phases. Phase 1 Starting in July 2015, the CoSiFi conducted a thorough analysis of the WB methodology with a view to reaching an adequate understanding of the instrument and how it should be implemented in the unique institutional, legal and financial framework of the Holy See and the Vatican City State. Phase 2 Between October 21st and 23rd, 2015, was held a first workshop for the technical Working Groups with assistance of the WB contact points. During that workshop the risk assessment process was discussed; the WB methodology was presented and the relevant elements (“input variables”), relevant data, information and documents were identified. Phase 3 On the 20th and the 21st October, 2016, a second workshop for the technical Working Groups was held with the participation of the WB contact points. Following that workshop, each Working Group continued their assessment of the relevant factors. The competent Authorities of the Holy See and Vatican City State were actively engaged in the process, taking part in the evaluation meetings and discussing on the assessment process, its trend and results. The coordinators of the Working Groups collected the relevant inputs and submitted them to the project coordinator. On November 24th, 2017, the coordinator of the project submitted the consolidated draft of the GRA to the CoSiFi. 6. The GRA was adopted by the CoSiFi in its meeting of November 28th, 2017. The first update was adopted at the meeting of 13 December 2018. Particular attention was paid to the methodology of the Financial Action Task Force (FATF) for assessing the effectiveness of the AML/CFT system, including the 11 "immediate outcomes",5 in view of the next round of evaluation of the AML/CFT system by the Moneyval Committee. 3 The Working Group no. 1, on “Threats and Vulnerabilities”, was coordinated by the Secretariat for the Economy and was composed of: AIF; Office of the Promoter of Justice at the Tribunal of the Vatican City State; Corps of the Gendarmerie; Corps of the Pontifical Swiss Guard; Office of the Auditor General; Secretariat for the Communication; Directorate for the Telecommunications; Service for the transit of goods (Directorate of General Services). 4 The Working Group no. 2, on the “Financial Sector”, was coordinated by the AIF and was composed of: Administration for the Patrimony of the Apostolic See (“APSA”); Institute for the Works of Religion (“IOR”); Vatican Post Office. 5 FATF, Methodology, For Assessing Technical Compliance with the FATF Recommendations and The Effectiveness of AML/CFT Systems, October 2018. 6 - 24 Strategy and Levels of Risk Assessment 7. The GRA is based on an overall strategy for identifying, assessing and mitigating risks, oriented towards a risk-based approach, which in turn represents the reference point, on the one hand, for the adoption of appropriate policies, strategies and measures in all areas of the AML/CFT system, and on the other hand, for a consistent particular assessment of risks, including the assessment of operational risks, by institutions that carry out financial activities on a professional basis (Box 2). Box 2 Legal framework Articles 9-10 of Law on Transparency, Supervision and Financial Intelligence, No. XVIII of 8 October 2013, foresees three levels of risk assessment – “General”, “sectorial”, and “operational”. Thus, within the comprehensive approach adopted by the Holy See, these levels constitute three autonomous but inter-connected spheres of action. General Risk Assessment The General Risk Assessment, approved and updated by the CoSiFi, encompasses all potential risks and vulnerabilities related to the prevention and countering of money laundering and the financing of terrorism. Sectoral Risk Assessment AIF, in its capacity of supervisor, according to Article 9 of Law no. XVIII, communicates to the entities carrying out financial activities on a professional basis6 the results of the general risk assessment, providing the relevant data, information and analyses in view of their own sectorial risk assessment”7. Operational Risk Assessment The “obliged subjects shall identify, evaluate, manage and mitigate the risks of money laundering and the financing of terrorism. To that end, each subject prepares and periodically updates its own risk evaluation taking into account, inter alia: (a) the category of counterparts; (b) the State or geographical area in question; (c) the typology of relationship, product, service, operation, transaction and channel of distribution”8. The “risk assessment shall be circumstantiated and sent to the Financial Information Authority, which may require its review”9. Scope 8. The scope of the GRA process is limited to activities and entities that fall legally under the jurisdiction of the Holy See and Vatican City State. 9. While analysing the AML/CFT system as a whole, including the institutional framework and the activities of the competent authorities of the Holy See and the Vatican City State (§ 17), the regulatory framework (§ 19), the use of cash and the cross-border transportation of currency (§§ 29 ff.), as well as the non-profit organizations registered in the Vatican City State (§§ 32 ff.), given their relevance and international outlook, the GRA focuses primarily on the financial activities carried out on a professional basis by the authorised entities subject to supervision by the Financial Information Authority.10 (§ 39). 6 Article 1 (22) defines “obliged subjects” the “subjects obliged to fulfill the requirements established by Title II, according to articles 2 and 3”. The “obliged subjects” within the State are indicated in a list published and updated by the AIF (see Article 4). 7 Article 9 (2) (b) (ii) e (iii) of Law No. XVIII 8 Article 10 (1) of Law No. XVIII. 9 Article 10 (2) of Law No. XVIII. Consistently with Article 10 (4): “The senior management of the obliged subject shall adopt policies, procedures, measures and controls necessary to fulfill the requirements established in this article.
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