Maldives Detailed Assessment Report on Anti-Money Laundering and Combating the Financing of Terrorism

This Detailed Assessment Report on Anti-Money Laundering and Combating the Financing of Terrorism for Maldives was prepared by a team of the International Monetary Fund using the assessment methodology adopted by the Financial Action Task Force in February 2004 and endorsed by the Executive Board of the IMF in March 2004. The views expressed in this document are those of the IMF team and do not necessarily reflect the views of the Government of Maldives or the Executive Board of the IMF.

This assessment of the anti-money laundering (AML) and combating the financing of terrorism (CFT) regime of the Maldives is based on the Forty Recommendations 2003 and the Nine Special Recommendations on Terrorist Financing 2001 of the Financial Action Task Force (FATF), and was prepared using the AML/CFT assessment Methodology 2004, as updated in June 2010. The assessment team considered all the materials supplied by the authorities, the information obtained on site during their mission from October 17-28, 2010, and other verifiable information subsequently provided by the authorities. During the mission, the assessment team met with officials and representatives of all relevant government agencies and the private sector. A list of the bodies met is set out in Annex 1 to the detailed assessment report.

The assessment was conducted by a team of assessors composed of staff of the International Monetary Fund (IMF) and three experts acting under the supervision of the IMF. The evaluation team consisted of: Ms. Nadine Schwarz (LEG, team leader and legal expert); Mr. Bert Feys (LEG, legal expert); Ms. Sisilia Eteuati (Asia/Pacific Group on Money Laundering, legal expert); Mr. Ashish Kumar (SEBI, India, financial sector expert) and Ms. Ke Chen (People’s Bank of China, financial sector expert). The assessors reviewed the institutional framework, the relevant AML/CFT laws, regulations, guidelines and other requirements, and the regulatory and other systems in place to deter and punish money laundering and terrorist financing through financial institutions and Designated Non-Financial Businesses and Professions (DNFBP). The assessors also examined the capacity, implementation, and effectiveness of all these systems.

This report provides a summary of the AML/CFT measures in place in the Maldives at the time of the mission or shortly thereafter. It describes and analyzes those measures, sets out the Maldives’ levels of compliance with the FATF 40+9 Recommendations (see Table 1) and provides recommendations on how certain aspects of the system could be strengthened (see Table 2). The report was produced by the IMF at the request of the Asia/Pacific Group on Money Laundering (APG) Secretariat and the authorities of the Maldives. [[It was presented to the Asia/Pacific Group on Money Laundering (APG) and endorsed by this organization during its 14th Annual Meeting on July 18-22, 2011 in Cochin, India]].

The assessors would like to express their gratitude to the Maldivian authorities for their kind support and cooperation throughout the assessment mission.

IMF. Published: January 04, 2012. Series: Country Report No. 12/1

Maldives: Detailed Assessment Report on Anti-Money Laundering and Combating the Financing of Terrorism

Maldives: Report on Observance of Standards and Codes - FATF Recommendations for Anti-Money Laundering and Combating the Financing of Terrorism

For more information about Maldives see Projects Southern Asia 

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Applications to Integrated Biosurveillance

After the September 11, 2001, terrorist attacks and subsequent anthrax mailings, the U.S. government prioritized a biosurveillance strategy aimed at detecting, monitoring, and characterizing national security health threats in human and animal populations, food, water, agriculture, and the environment.

A variety of agencies share biosurveillance responsibilities, and efforts have been made to improve national biosurveillance through data exchanges and collaboration. However, gaps and challenges in biosurveillance efforts and integration of biosurveillance activities remain.

September 8-9, 2011, the IOM held a workshop to explore the information-sharing and collaboration processes needed for the nation’s integrated biosurveillance strategy. Presenters at the workshop

examined the strengths and limitations of different models of information analysis, control, and distribution;

considered examples and lessons learned from other similar information sharing collaborations;

explored approaches to developing an effective and sustainable concept of operations that includes join rules, procedures, and performance measures; and
illustrated the value added in collaboration through scenarios and real-life examples.

This document summarizes the workshop.

Deepali M.Patel and Steve Olson,Rapporteurs;Planning Committee on Information-Sharing Models and Guidelines for Collaboration: ; Institute of Medicine. Released: November 30, 2011.Type: Workshop Summary.Topic: Public Health. Activity: Information-Sharing Models and Guidelines for Collaboration:Applications to an Integrated One Health Biosurveillance Strategy – A Workshop.Board: Board on Health Sciences Policy

Applications to an Integrated One Health Biosurveillance Strategy A Workshop

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New EU-US agreement on PNR improves data protection and fights crime and terrorism

Brussels, 17 November 2011 – The European Union and the United States have initialled a new agreement on the transfer of air passengers' data for flights from the EU to the US. If adopted by the European Parliament and EU Member States in the Council of Ministers, the new agreement on Passenger Name Records (PNR) will replace the current agreement from 2007, improving data protection whilst providing an efficient tool to fight serious transnational crime and terrorism.

The new PNR agreement brings more clarity and legal certainty to both citizens and air carriers. It ensures better information sharing by US authorities with law enforcement and judicial authorities from the EU, it sets clear limits on what purposes PNR data may be used for, and it contains a series of new and stronger data protection guarantees.

"Protection of personal data has been my priority since the beginning of the negotiations in December 2010, and I am satisfied with the result, since it represents a big improvement over the existing Agreement from 2007. The new agreement contains robust safeguards for European citizens' privacy, without undermining the effectiveness of the agreement in terms of EU and US security,'' said Cecilia Malmström, EU Commissioner for Home Affairs.

The agreement is a legally binding text with stronger rules on police and law enforcement cooperation. The US authorities (Department of Homeland Security, DHS) will be obliged to share PNR and analytical information obtained from this data with law enforcement and judicial authorities of the EU in order to prevent, detect, investigate, or prosecute serious transnational crime or terrorist offences. This will be of direct benefit for the EU.

The agreement also gives a detailed description of the purposes for which PNR data may be used by US authorities. These are notably: the prevention, detection, investigation and prosecution of terrorism and of transnational crimes punishable by 3 years of imprisonment or more. Minor crimes are thus excluded. PNR will be used to tackle serious crimes, such as drug trafficking, trafficking in human beings and terrorism.

The agreement sets out privacy-friendly rules on how and for how long PNR data may be stored. Data will be de-personalised 6 months after it is received by the US authorities. After 5 years the de-personalised data will be moved to a 'dormant database' with stricter requirements for access by US officials. The total duration of data storage is limited to 10 years for serious transnational crimes. Only for terrorism will the data be accessible for 15 years.

The agreement establishes the rule that PNR data must be sent from air carriers' databases to the US authorities (through a 'push' system). The DHS will thus not collect data directly from air carrier's reservation systems (through 'pull') except in exceptional circumstances, such as where carriers are not able to send the data for technical reasons.

The agreement has comprehensive safeguards for passengers' right to data protection. Passengers can obtain access to correct and delete their PNR data at the DHS. Passengers also have the right to administrative and judicial redress as provided under US law. Further, the DHS and air carriers will have to provide full information to passengers on the use of PNR and the ways to exercise their rights.

In addition, the agreement prohibits adverse decisions from being taken by the US authorities only on the basis of automated processing of data, a human being must always be involved, to address concerns about PNR data being used for illegal profiling. It also lays down very strict conditions for the use of sensitive data which might reveal, for example, the religion or sexual orientation of passengers.

Finally, the agreement includes detailed provisions on data security to prevent loss of data or breaches of privacy. All processing of PNR data will be logged for the purposes of oversight and auditing and there will be oversight of the DHS by independent bodies, including the US Congress.

Background

In 2007, the European Union signed an agreement with the United States on the transfer and processing of Passenger Name Record (PNR) data, based on a set of commitments by the DHS. The 2007 agreement became provisionally applicable.

On 5 May 2010, the European Parliament adopted a resolution where it requested a renegotiation of the agreement. On 2 December 2010, the Council authorised the Commission to negotiate a new agreement with the US for the transfer of PNR data and discussions started immediately.

The purpose of the new agreement is to ensure the availability of PNR data to DHS, in order for it to be used in the fight against serious transnational crime and terrorism. PNR data of all flights between the EU and the US will be transferred by the air carriers to the US DHS. As in the 2007 agreement, the new agreement allows for 19 "data elements" to be transferred, such as passengers' names, travel itineraries and where they bought their tickets.

The new agreement takes into consideration and is consistent with the general criteria laid down in the Communication from the Commission on the Global Approach to the transfer of Passenger Name Record (PNR) data to third countries and the negotiating directives given by the Council (IP/10/1150 and MEMO/10/431).

For more information
MEMO/11/797

Homepage of Cecilia Malmström, Commissioner for Home Affairshttp://ec.europa.eu/commission_2010-2014/malmstrom/welcome/default_en.htm

Homepage DG Home Affairs:http://ec.europa.eu/dgs/home-affairs/index_en.htm
Contacts :
Michele Cercone (+32 2 298 09 63)
Tove Ernst (+32 2 298 67 64)