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In financial regulation, a politically exposed person (PEP) is one who has been entrusted with a prominent public function. A PEP generally presents a higher risk for potential involvement in bribery and corruption by virtue of their position and the influence they may hold. The terms "politically exposed person" and senior foreign political figure are often used interchangeably, particularly in international forums.
While there is no global definition of a PEP, many countries base their definitions on those from the Financial Action Task Force on Money Laundering (FATF) from 2013. [1] The FATF is an international body, founded in 1989 on the initiative of the G7 and hosted by the OECD, that sets standards and promotes the implementation of measures against money laundering, terrorism financing and financing of proliferation of weapons of mass destruction to preserve the integrity of the global financial system. [2] : 2
Since February 2012, the FATF's latest definition of PEPs, revised from 2003, has been as follows: [2] : 123
Requirements for a PEP apply to family members or close associates, any individual publicly known, or known by the financial institution to be a close personal or professional associate. [2] : 18
A forerunner definition was by the 1997 OECD Anti-Bribery Convention aimed at reducing corruption in developing countries, which came into force February 1999; it used the term foreign official.
Most of the 39 FATF member countries treat domestic and foreign PEPs with heightened scrutiny. The FATF guidance implies that if a person is a foreign PEP, it makes them a de facto domestic PEP within their own country.[ citation needed ]
Under Australia's Anti-Money Laundering (AML) and Counter-Terrorism Financing (CTF) Rules, [3] PEPs are individuals who occupy a prominent public position or functions in a government body or international organisation, both within and outside Australia. This definition also extends to their immediate family members and close associates.
The AML/CTF rules define three categories of PEPs:
A reporting entity must have procedures to identify whether any individual customer or beneficial owner is a PEP, or an associate of a PEP. The reporting entity must undertake this identification process before it provides the customer with a designated service, or as soon as practicable afterwards. A reporting entity must implement additional due diligence measures and risk management systems where the PEP is high money laundering or terrorism financing risk, or is a foreign PEP.
Canada considers all foreign PEPs to pose a money laundering and terrorist financing risk. Under the latest amendments to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (which initially went into effect in 2001), a PEP includes all domestic PEPs and Heads of International Organisations (HIOs). [4]
Within Canada, a domestic PEP is defined as "a person who currently holds, or has held within the last 5 years, a specific office or position in or on behalf of the Canadian federal government, a Canadian provincial (or territorial) government, or a Canadian municipal government." [4] Domestic PEPs in Canada retain their classification until 5 years after they leave office.
When a person is determined to be a foreign PEP, they remain so forever (including deceased foreign PEPs). [4]
In Chile, financial institutions are mandated to report any transaction suspicious for potential involvement in bribery by virtue of a PEP's position and the influence that they may hold. As of 2015 [update] , 2,200 to 3,000 individuals are considered PEPs, 150 of them foreign, and also their second grade relatives are under financial observation by the institutions. [5]
Egypt is a member of the Middle East and North Africa Financial Action Task Force (MENAFATF) and has committed to implementing the FATF's AML/CFT recommendations. PEP screening in Egypt is required for foreign and domestic PEPs, while international PEP screening is not required.[ citation needed ]
The European Union defined the term politically exposed person in the directive 2006/70/EC, [6] later replaced by the directive 2015/849 (article 3, number 9) [7] and amended April 2023. [8]
In the wake of the June 2020 imposition of the Hong Kong national security law by the PRC Standing Committee of the National People's Congress, the scrutiny of PEPs at some banks "involved combing through comments made by clients and their associates in public and in media, and social media posts in the recent past."[ citation needed ] The new law "prohibits what Beijing describes broadly as secession, subversion, terrorism and collusion with foreign forces", with maximum penalties of up to life terms in prison. HSBC, Credit Suisse, Julius Baer and UBS declined to comment to the Daily Telegraph for a 20 July 2020 news article. Pro-democracy lawyer Albert Ho said that he feared that "people like him" may face "difficulties in the times to come... There's not much you can do, actually, unless you cease all your financial and banking activities in Hong Kong." [9]
Under Singapore's Monetary Authority of Singapore (MAS) Notice 626 - Prevention of money laundering and countering the financing of terrorism (Banks), [10] PEPs are persons, either domestic or foreign, who are entrusted with prominent public functions. Prominent public functions includes the roles held by a head of state, a head of government, government ministers, senior civil or public servants, senior judicial or military officials, senior executives of state-owned corporations, senior political party officials, members of the legislature and senior management of international organisations. Relatives or close associates ("RCAs") to PEPs are also categorised as PEPs.
MAS requires financial institutions to apply enhanced customer due diligence on customers that are identified to be PEPs.
In South Africa, the Financial Intelligence Centre amended the Financial Intelligence Centre Act to refer to Politically Influential Persons (PIP) instead of PEP. This was done in order to include private sector officials who have business dealings with public sector officials and elected officials in the public services procurement deals.[ citation needed ]
In 2019, South Africa defined Politically Exposed Persons or Domestic Prominent Influential Persons to include immediate family members. [11]
As of June 2017 [update] , the UK's PEP definition is identical to the 2012 FATF definition, i.e. including reference to domestic PEPs; it is found in the Money Laundering Regulations 2017 Section 35(12). [12] A PEP is considered to be any individual who fits any of the criteria listed below:
The definition explicitly excludes middle-ranking or more junior officials.
PEP status also extends to relatives and close associates. Relatives and close associates include a spouse, a partner, children and their spouses or partners and parents. While other family members may not qualify under this definition, it may be appropriate to consider that other family members can also be used as a front for corrupt activities. Therefore, it may be appropriate to apply the definition to other extended family members that may have increased risk factors present and apply the requirements of the regulation (e.g. a PEP with material negative information may use their brother as a front for processing their proceeds of corruption). Close associates include any individual who is known to have joint beneficial ownership of a legal entity or legal arrangement, or any other close business relations. It also includes any individual who has sole beneficial ownership of a legal entity or legal arrangement which is known to have been set up for the benefit of a person referred to in regulation.
The Financial Conduct Authority and Joint Money Laundering Steering Group both publish comprehensive guidance on both PEPs and other know your customer (KYC) related matters to assist firms in complying with their legal obligations. [13]
The term foreign official has been used by US enforcement agencies relating to persons who have similar characteristics as PEPs, as referenced in the US Foreign Corrupt Practices Act 15 U.S.C. § 78dd-1. It is used in all industries, not only by financial institutions. The Treasury's Financial Crimes Enforcement Network (FinCEN) did not use the term PEP in its regulations as of 2010. [14] Suspicious activity requires a financial institution to submit a suspicious activity report to FinCEN. The term 'Senior Foreign Political Figure', as defined by section 312 of the USA PATRIOT Act is to a great extent similar to the definition of a PEP, and also excludes middle-ranking or more junior individuals.[ citation needed ] The term PEP is recognized (and was defined) by the Wolfsberg Group of 11 global banks. [15]
The designation "politically exposed person" dates back to the late 1990s, in what was known as the "Abacha Affair."[ citation needed ] Sani Abacha was a Nigerian dictator who organized a large scale, systematic theft of assets from the Central Bank of Nigeria for some years with his family members and associates. It is believed that several billion dollars were stolen, and that the funds were transferred to bank accounts in the United Kingdom and Switzerland. [16] In 1997, the OECD Anti-Bribery Convention was founded.
In 2001, the Nigerian Government succeeding the Abacha regime made an effort to recover the money, [17] and lodged complaints with several European agencies, including the Federal Office of Police of Switzerland, which investigated close to 60 Swiss banks. [18] and in this investigation, the concept of "politically exposed person" emerged, around which the UN organised a committee in December 2000. This eventually led to the October 2003 resolution of the United Nations Convention against Corruption, entered into force in December 2005, with ongoing annual reviews of implementation and asset recovery. [19] In 2004 this had become European Union law. [16]
PEP-specific compliance legislation addresses the link between government corruption, money laundering and terrorism financing. [1] Since September 11, 2001, more than 100 countries have changed their laws related to financial services regulation, combating political corruption.[ citation needed ]
Heavy fines have been imposed on financial institutions for conducting business with PEPs without following adequate procedures, as in 2004 in the case of Riggs Bank in Washington, D.C. [20]
In spite of regulation, political leaders like Muammar Gaddafi and Hosni Mubarak made news in 2013 for having frozen assets in US banks that did not follow due diligence. [21]
Most financial institutions view a PEP as a potential compliance risk, and perform enhanced monitoring of accounts that fall within this category. Screening for PEPs is usually performed at the beginning of account opening, called standard due diligence or KYC. Screening of accounts periodically is performed as part of ongoing due diligence.
There are a number of companies advertising for regulatory, financial and reputational risk screening.
Due diligence to uncover PEPs can be time-consuming and requires the checking of names, dates of birth, national identification numbers and photos of clients against a reputable database of known PEPs, which usually contains over one million profiles.[ citation needed ] No 'official' PEP list exist. The CIA and UN have lists of heads of state, which fall under the PEP definitions of FATF.
Vendors maintain their own particular database of PEPs [22] and other high-risk customers.
There are a number of crowd sourced lists of PEPs being made available utilizing public contributions.[ citation needed ]
A Domestic PEP is an individual who holds or has held a significant public position within their own country. This could include high-ranking government officials, politicians, or individuals with influence over public policies on a national level.
On the other hand, a Foreign PEP is an individual who holds or has held a prominent public position in another country. Foreign PEPs pose a unique risk as their influence and connections may not be as easily recognisable or understood by institutions outside their home country.
The key difference between domestic and foreign PEPs lies in the geographic scope of their political influence. Domestic PEPs exert influence within their own country, while foreign PEPs have a political background or influence in a different nation.
As per the above, the reason PEPs are closely monitored is due to the potential risks of corruption, bribery, and money laundering associated with their positions.
Money laundering is the process of illegally concealing the origin of money, obtained from illicit activities such as drug trafficking, corruption, embezzlement or gambling, by converting it into a legitimate source. It is a crime in many jurisdictions with varying definitions. It is usually a key operation of organized crime.
In financial regulation, a Suspicious Activity Report (SAR) or Suspicious Transaction Report (STR) is a report made by a financial institution about suspicious or potentially suspicious activity as required under laws designed to counter money laundering, financing of terrorism and other financial crimes. The criteria to decide when a report must be made varies from country to country, but generally is any financial transaction that either a) does not make sense to the financial institution; b) is unusual for that particular client; or c) appears to be done only for the purpose of hiding or obfuscating another, separate transaction. The report is filed with that country's Financial Intelligence Unit, which is typically a specialist agency designed to collect and analyse transactions and then report these to relevant law enforcement teams.
The Financial Action Task Force (on Money Laundering) ('FATF, aka "Faftee"), also known by its French name, Groupe d'action financière (GAFI), is an intergovernmental organisation founded in 1989 on the initiative of the G7 to develop policies to combat money laundering and to maintain certain interest. In 2001, its mandate was expanded to include terrorism financing.
Know your customer (KYC) guidelines and regulations in financial services require professionals to verify the identity, suitability, and risks involved with maintaining a business relationship with a customer. The procedures fit within the broader scope of anti-money laundering (AML) and counter terrorism financing (CTF) regulations.
Australian Transaction Reports and Analysis Centre (AUSTRAC) is an Australian government financial intelligence agency responsible for monitoring financial transactions to identify money laundering, organised crime, tax evasion, welfare fraud and terrorism financing. AUSTRAC was established in 1989 under the Financial Transaction Reports Act 1988. It implements in Australia the recommendations of the Financial Action Task Force on Money Laundering (FATF), which Australia joined in 1990.
The USA PATRIOT Act was passed by the United States Congress in 2001 as a response to the September 11, 2001 attacks. It has ten titles, each containing numerous sections. Title III: International Money Laundering Abatement and Financial Anti-Terrorism Act of 2001 is actually an act of Congress in its own right as well as being a title of the USA PATRIOT Act, and is intended to facilitate the prevention, detection and prosecution of international money laundering and the financing of terrorism. The title's sections primarily amend portions of the Money Laundering Control Act of 1986 and the Bank Secrecy Act of 1970.
Anti-Money Laundering (AML) refers to a set of policies and practices to ensure that financial institutions and other regulated entities prevent, detect, and report financial crime and especially money laundering activities. Anti-Money Laundering is often paired with the action against terrorism financing, or Combating the Financing of Terrorism, using the acronym AML-CFT. In addition arrangements intended to ensure that banks and other relevant firms duly report suspicious transactions, the AML policy framework includes financial intelligence units and relevant law enforcement operations.
Terrorism financing is the provision of funds or providing financial support to individual terrorists or non-state actors.
In domestic and international commercial law, a beneficial owner is a natural person or persons who ultimately owns or controls an interest in a legal entity or arrangement, such as a company, a trust, or a foundation. Legal owners, commonly described as the "registered owners", may hold those interests as beneficial owners or for the benefit of someone else, in which case they may be described as a "nominee".
Transnational organized crime (TOC) is organized crime coordinated across national borders, involving groups or markets of individuals working in more than one country to plan and execute illegal business ventures. In order to achieve their goals, these criminal groups use systematic violence and corruption. Common transnational organized crimes include conveying drugs, conveying arms, trafficking for sex, toxic waste disposal, materials theft and poaching.
The Financial Action Task Force blacklist, is a blacklist maintained by the Financial Action Task Force.
World-Check is a database of Politically Exposed Persons (PEPs) and heightened risk individuals and organizations, used around the world to help to identify and manage financial, regulatory and reputational risk. World Check formed part of the Thomson Reuters Risk Management Solutions suite before being transferred to Refinitiv after a merger deal with The Blackstone Group in October 2018.
Anti-money laundering (AML) software is software used in the finance and legal industries to help companies comply with the legal requirements for financial institutions and other regulated entities to prevent or report money laundering activities. AML software can facilitate faster and more accurate compliance and investigations.
Financial crime is crime committed against property, involving the unlawful conversion of the ownership of property to one's own personal use and benefit. Financial crimes may involve fraud ; theft; scams or confidence tricks; tax evasion; bribery; sedition; embezzlement; identity theft; money laundering; and forgery and counterfeiting, including the production of counterfeit money and consumer goods.
The Asia/Pacific Group on Money Laundering (APG) is a FATF style regional inter-governmental (international) body, the members of which are committed to effectively implementing the international standards against money laundering, the combating the financing of terrorism (CFT) and financing the proliferation of weapons of mass destruction. APG was founded in 1997 in Bangkok, Thailand, and currently consists of 42 member jurisdictions in the Asia-Pacific region and a number of observer jurisdictions and international/regional observer organisations.
A money services business (MSB) is a legal term used by financial regulators to describe businesses that transmit or convert money. The definition was created to encompass more than just banks which normally provide these services to include non-bank financial institutions.
The Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism, also known as the Warsaw Convention or CETS 198, is a Council of Europe convention which aims to facilitate international co-operation and mutual assistance in investigating crime and tracking down, seizing and confiscating the proceeds thereof.
The Qatar Financial Information Unit (QFIU) is a Qatari government regulatory agency responsible for financial intelligence efforts to combat money laundering and financing of terrorism. Like other national Financial Intelligence Units (FIU) around the world, it requires banks, investment companies, insurers and other financial institutions to report suspicious financial transactions. QFIU then analyzes the information and disseminates the relevant data to law enforcement authorities for further investigation and action.
The Indonesian Financial Transaction Reports and Analysis Center or INTRAC or PPATK is a government agency of Indonesia responsible for financial intelligence. The agency was formed in 2002 to counter suspected money laundering and provide information on terrorist financing.
Anti-money laundering framework for financial institutions in France are the main aspects of the French framework for anti–money laundering regulations for financial institutions. It includes the laws and regulations implemented in French for liable parties to combat money laundering and terrorist financing in line with international initiatives.
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