On March 14, 2024, the Malta Financial Services Authority (MFSA) issued the “Guidance for Money Laundering Reporting Officers (MLROs) in the Financial Services Sector”, establishing the Authority's expectations concerning both proposed and incumbent MLROs. The guidelines were prompted by insights gained from financial crime compliance-related supervisory interactions across all sectors of the financial industry from 2021 to 2023.
Key Takeaways
The Guidelines provide information on the role of MLROs, common issues and outcomes related to MLRO positions, and the expectations of the MFSA regarding MLROs. The document emphasises the importance of understanding ML/FT risks and the need for governance, independence, and accountability in the MLRO role. It also highlights the significance of avoiding conflicts of interest and maintaining expertise through continuous training, allocating sufficient resources and time commitment to the MLRO role, and providing training and awareness to staff on financial crime risks. The MFSA expects senior management to take responsibility for the firm's financial crime compliance framework and for the MLRO to be a focal point for anti-financial crime efforts.
Role of MLRO: Core Functions & Qualifications
· Receive and assess internal reports related to money laundering and terrorist financing (ML/TF).
· Determine if there is sufficient suspicion to report to the Financial Intelligence Analysis Unit (FIAU).
· Ensure compliance with AML/CFT obligations and respond to requests from the FIAU.
· MLROs must possess relevant experience, knowledge, and seniority to act independently and effectively.
· MLROs should operate without undue influence and have direct access to senior management.
MFSA’s Expectations
For proposed MLROs:
· Must demonstrate thorough knowledge and expertise in AML/CFT.
· Should have a clear understanding of the governance structure and risk management.
For Incumbent MLROs:
· Maintain independence and accountability in their roles.
· Continuously update their knowledge and skills through training and awareness programs.
· Ensure sufficient resources and time commitment are dedicated to AML/CFT activities.
Best Practices on Governance and Reporting
Best practices on governance and reporting entail that MLROs should report directly to the board and senior management to ensure transparency and accountability, and regular updates and reports on AML/CFT activities and risks should be provided to senior management.
Continuous professional development and training programmes should be in place for MLROs to keep abreast of evolving AML/CFT threats. MLROs and firms should adopt a proportionate risk-based approach in applying AML/CFT measures, considering the size and complexity of their operations.
The MFSA emphasises the importance of commitment to compliance and a robust AML/CFT framework within the financial services sector. Firms and MLROs must prioritise compliance and continuously enhance their AML/CFT practices to mitigate financial crime risks effectively.
In Conclusion
Under its mandate, the MFSA is in charge of examining and approving key function holders for licence holders, including MLROs. The stability of the financial services industry is directly threatened by financial crimes including money laundering and terrorism financing. The MFSA prioritises making sure that those who plan to assume an MLRO role have the required training and experience because of this. Regarding MLRO jobs in Malta, the MFSA believes that applicants must be fully informed about all applicable duties, specifications, and expectations from the regulatory authorities.
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