Money laundering is a process that is carried out in different economic, financial and commercial transactions with the purpose of giving the appearance of legality to illicit resources.
The main aspects supervised by the National Banking and Securities Commission regarding the Prevention of Money Laundering and Terrorism Financing, in accordance with the applicable general provisions, are the following:The main aspects that are supervised by the CNBV regarding the prevention of money laundering and terrorist financing in accordance with the applicable General Provisions are, among others:
- Verification of the issuance and adoption of a document that contains the policies of identification and knowledge of clients and users, as well as the criteria, measures and procedures that are required for their due compliance, as well as its corresponding submission to the CNBV.
- Checking the integration of customer and user identification files.
- Verification that the policy of knowing customers and users is based on the degree of transactional risk that they represent, that they are classified by their degree of risk and that there are at least two classifications in terms of risk.
- Verification of the determination of the transactional profile of customers and users, and that this allows them to identify possible unusual operations.
- Verification of compliance with the obligation to send to the Ministry of Finance and Public Credit, through the CNBV, the reports of relevant and unusual operations, with dollars in cash, worrisome international and internal transfers, in the official format and within the term that corresponds.
- Verification of the integration of the Communication and Control Committee, the definition of its functions and the existence of evidence of compliance with them.
- Verification of the appointment of the Compliance Officer by the Communication and Control Committee or the board of directors, as appropriate; compliance with the minimum requirements for their appointment; of the definition of their functions and the existence of evidence of compliance with them.
- Verification of the development of training and dissemination programs for the personnel of the obligated subjects and issuance of certificates proving their participation in them.
- Verification of the existence of automated systems that allow generating and updating information, monitoring and classifying operations, keeping historical records, grouping accounts and contracts and, in general, meeting the requirements of the corresponding provision.
- Verification of compliance with the measures and policies adopted by the obliged subjects regarding the prevention of money laundering and terrorist financing, with respect to operations with cash dollars, as well as the procedures used for the purchase and sale of foreign currency. with its customers and users.
- Verification that the international transfers sent and received have the necessary information regarding the originator, full name or company name, domicile, name of the entity that transfers the funds and the account number from which the resources come.
- Review in the concentrator accounts opened by the obliged subjects, of the cash deposits made by their clients or users in said accounts.
- Verification that the obliged subjects have obtained from their counterparts abroad, a certification that corroborates that they comply in their country with obligations regarding the prevention of money laundering and terrorist financing similar to those that exist in Mexico, as well as approval has been granted at the executive level for the provision of correspondent services with foreign counterparts.
- Verification of the risk model used by the obliged subjects, so that an adequate identification of customers and users has been carried out based on their degree of risk.
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Javier Estrada Vega
Gloria Ponce de León & Hernández