October 2017 Newsletter – Record-Keeping Procedures
Record Keeping is the capture and retention of documents received during the business relationship or a one-off transaction.
Read MoreSeptember 2017 Newsletter – Other Notable Changes- Part II
The NBCO 2017 and NLLCO 2017 speak to the change of registered office of an entity. The registered office of an entity is the registered office of its registered agent. The new ordinances provide a process for change of registered office.
Read MoreAugust 2017 Newsletter – Other Notable Changes- Part I
We continue with our review of the Nevis Business Corporation Ordinance 2017 (NBCO 2017) and the Nevis Limited Liability Company Ordinance 2017 (NLLCO 2017). The August and September editions of the newsletter will highlight some other notable changes under both Ordinances.
Read MoreJuly 2017 Newsletter – The Revised Ordinances
The Nevis Business Corporation Ordinance 2017 (NBCO 2017) and Nevis Limited Liability Company Ordinance 2017 (NLLCO 2017) were passed in the Nevis Island Assembly on the 20th day of July, 2017 and we are currently awaiting publication in the gazette.
Read MoreJune 2017 Newsletter – Guidelines for Independent Internal AML/CFT Audit
One of the areas assessed by the FSRC – Nevis Branch during an onsite inspection is whether or not a regulated entity has performed an independent internal audit (“audit”) to test and validate activities to mitigate against money laundering/financing of terrorism risks. This is done to determine…
Read MoreMay 2017 Newsletter – Fitness & Propriety
The information herein is provided to assist regulated entities in applying the fit and proper test to relevant persons. A relevant person is defined in the AMLR as a person carrying on relevant business. Relevant business is defined as engaging by way of business in one or more of the businesses…
Read MoreApril 2017 Newsletter – Beneficial Ownership
The information herein is provided to assist regulated entities in meeting the requirement to perform customer due diligence on beneficial owners or controllers of entities.
Read MoreMarch 2017 Newsletter – Recap of 2017 AML/CFT Awareness Seminar & TrainingWorkshop
The Nevis Financial Services (Regulation and Supervision) Department held its 12th Annual Anti-Money Laundering/Countering Financing of Terrorism (AML/CFT) Awareness Seminar and Training Workshop on March 06 and 07, 2017 at the Four Seasons Resort Nevis. The Workshop was held under the theme, “Increasing…
Read MoreFebruary 2017 Newsletter – Global Forum & CFATF part2
The Caribbean Financial Action Task Force (CFATF) held its XLIV Plenary and Working Groups Meeting in Providenciales, Turks and Caicos Islands during the period November 6-10, 2016.
Read MoreJanuary 2017 Newsletter – Global Forum & CFATF part1
This Month’s Newsletter outlines the progress to date that the Federation of St. Kitts-Nevis has made towards the implementation of the Common Reporting Standard (CRS).
Read MoreDecember 2016 Newsletter – The year in review
Beginning in January 2016, regulated entities were required to seek approval for the Appointment of the Compliance/Reporting Officer.
Read MoreNovember 2016 Newsletter – How to undertake a risk assessment
Based on the regulatory reviews conducted in 2014 and 2015, Examiners of the FSRC noted that one recurring area of weakness is the absence of a risk assessment being conducted by regulated entities. This month’s newsletter highlights how to develop and implement a risk assessment as an important component…
Read MoreSeptember 2016 Newsletter – Financial Information Month 2016
Financial Information Month is a regional financial, economic, business and entrepreneurial education campaign executed in the Eastern ean Currency Union (ECCU) since 2002 through the collaborative efforts of the Eastern Caribbean Central Bank, ECCU member governments, financial and academic institutions,
the…
August 2016 Newsletter – Continuation of the FATF Recommendations and Guidance for the Money Services Business (MSB) Sector
In this issue, the most relevant FATF Recommendations are highlighted below together with a brief summary of the legal, regulatory or administrative measures that are in place to comply with each recommendation.
Read MoreJuly 2016 Newsletter – AML/CFT Guidelines for the Management of Risks Related to Money Services Businesses
In recent years tougher regulatory scrutiny over the implementation of AML/CFT laws has seriously impacted money services businesses (MSBs) globally, threatening their relationship with the conventional banking sector.
Read MoreJune 2016 Newsletter – Licensing & Ongoing Supervisory Framework for Insurance Companies
The AML/CFT measures in the financial sector are issued by the Financial Action Task Force (FATF). The International Association of Insurance Supervisors as with other international policy shapers for the respective various sectors support such recommendations.
Read MoreApril 2016 Newsletter – AML/CFT Guidelines for Banks
The inadequacy or absence of sound money laundering and financing of terrorism (ML/FT) risk management exposes banks to serious risks. Sound ML/FT risk management has particular relevance to the overall safety and soundness of banks and the entire banking system.
Read MoreMarch 2016 Newsletter – Recap of 2016 AML/CFT Workshop
Under the theme “Powerful Insights, Practical Ideas, Real Solutions:
Financial Crime Prevention – the Way Forward” the Nevis Financial Services (Regulation and Supervision) Department (“FSRC—Nevis Branch”) held its annual AML/CFT Awareness Seminar and Training Workshop on Monday March 21 and…
February 2016 Newsletter – New Standard of Supervision
The Group of International Finance Centre Supervisors (“GIFCS”) first issued a Best Practice Statement on the supervision of Trust and Corporate Service Providers (“TCSPs”) in 2002. Since then GIFCS member countries have used this Statement as a benchmark for establishing regulatory frameworks…
Read More
January 2016 Newsletter – Automatic Exchange of Information
Developed countries around the world have been engaging in automatic exchange of information (“AEOI”) for many years to tackle tax evasion. The Organisation for Economic Co-operation and Development (“OECD”) has been active in facilitating AEOI by creating the legal framework, developing technical…
Read MoreDecember 2015 Newsletter – The Year In review
The Financial Services Regulatory Commission approved the Minimum Guidelines for the Role and Appointment of Compliance/Reporting Officers pursuant to the Financial Services Regulatory Commission Act, and other relevant legislation. These Guidelines will take effect as of January 01, 2016.
Read MoreNovember 2015 Newsletter – Politically Exposed Persons & Enhanced Due Diligence
The Anti-Money Laundering Regulations, 2011 (“AMLR”) define a politically exposed person (“PEP”) as a person who is an individual who is a prominent public person or a person who has been entrusted with a prominent public function in a territory outside St. Christopher and Nevis
Read MoreOctober 2015 Newsletter – Preparing for the 4th Round of the CFATF Mutual Evaluation Process
Whereas the 3rd Round of Mutual Evaluations placed considerable significance on whether an assessed jurisdiction’s legal and administrative frameworks were in place to address ML/TF, the 4th Round Caribbean Financial Action Task Force (“CFATF”) Mutual Evaluations are now focused on effectivene…
Read MoreSeptember 2015 Newsletter – AML/CFT Onsite Examination Programme (Part 2)
Fifty-five percent (55%) of the regulated entities were found to be compliant in maintaining a training program to test the effectiveness of their employees’ AML/CFT awareness and maintained a training register as evidence of that training. Pursuant to paragraph 133 of the FSIISR—“Training Programmes”,…
Read MoreAugust 2015 Newsletter – AML/CFT Onsite Examination Programme
The Financial Services (Regulation and Supervision) Department continues to conduct its on-site examination to assess the extent to which regulated entities are operating in accordance with their obligations under the relevant AML/CFT legislation, i.e. the Anti-Money Laundering Regulations, No. 46 of…
Read MoreJuly 2015 Newsletter – The Global Forum on Transparency and Exchange of Information for Tax Purposes
This edition provides information about the Global Forum on Transparency and Exchange of Information for Tax Purposes (“Global Forum”) for jurisdictions participating in the international effort to combat tax evasion and avoidance through transparency and tax information exchange.
Read MoreJune 2015 Newsletter – Verification Methods
Commonly referred to as Guidance Notes, the Financial Services (Implementation of Industry Standards) Regulations, 2011 were issued in accordance with Section 52 of the Financial Services Regulatory Commission Act, Cap 21.10. The Guidance Notes represent what is considered to be best industry practice…
Read MoreMay 2015 Newsletter – Customer Identification Program
Identification Procedures in Relation to Business Relationships and One-Off Transactions Pursuant to Regulation 4 of the Anti-Money Laundering Regulations, 2011
Read MoreApril 2015 Newsletter – Minimum Guidelines for the role & appointment of compliance & reporting officers
Each regulated entity is required to appoint a fit and proper individual approved by the Financial Services Regulatory Commission as its Compliance Officer (“CO”).
Read MoreMarch 2015 Newsletter – Recap of 2015 Seminar
On March 3 and 4, 2015, the Nevis Financial Services Department held its annual Seminar and Training Workshop at the Four Seasons Resort, Nevis under the theme, “De-risking your Institution by Improving the Culture of Compliance.”
Read MoreFebruary 2015 Newsletter – 2015 AML/CFT Seminar & Training Workshop
The Nevis Financial Services Department will be hosting its annual AML/CFT Seminar and Training Workshop on March 3rd and 4th at the prestigious Four Seasons Resort, Nevis. This training is in alignment with the Department’s commitment to ensure that employees of regulated entities receive the necessary…
Read MoreJanuary 2015 Newsletter – Reporting Regulations for Regulated Entities
Regulated Entities are granted licences based on the information and circumstances presented at the time of application. Appropriate checks and verification, including ‘fit and proper’ assessments are undertaken and based on the results, licences are either granted or denied.
Read MoreDecember 2014 Newsletter – The Year In Review
All Regulated Entities were advised of the new requirement to submit an Application for Renewal of Licence as a Service Provider. Renewal licences will not be issued unless a completed renewal form is submitted along the all applicable supporting documentation and the prescribed fee.
Read MoreNovember 2014 Newsletter – Assessing Risk in Business Relationships
Regulated entities should assess the risk of doing business both prior to and throughout the duration of every business relationship. Assessing risk should not be a ‘one-size fit all’ operation but each regulated entity should incorporate most of the following factors when assessing risk to their…
Read MoreOctober 2014 Newsletter – Good Auditing Principles and Characteristics
In accordance with section 35 of the Financial Services Regulatory Commission Act 2009, (FSRC Act), all regulated entities are obligated to annually appoint an auditor with an accreditation of Chartered Public Accountant or Association of Certified Chartered Accountant, satisfactory to the Commissio…
Read MoreSeptember 2014 Newsletter – High Risk Factors in AML/CFT
Regulated businesses are to develop and implement monitoring processes for detecting and reporting suspicious activities with emphasis on high-risk countries. Policies and procedures should focus on combating money laundering and countering the financing of terrorism which would provide the foundation…
Read MoreAugust 2014 Newsletter – Confidentiality
The Federation of St. Kitts and Nevis ensures that a high level of confidentiality is maintained within its Financial Services Sector through the enactment of various legislation, namely the Confidential Relationships Act, Cap 21.02, the Banking Act Cap 21.01, the Nevis Offshore Banking Ordinance Cap…
Read MoreJuly 2014 Newsletter – Designated Non-Financial Businesses and Professions (DNFBPs)
In view of increased legislative requirements for financial institutions to develop and implement measures to combat money laundering and terrorist financing, money launderers may look at DNFBPs to try and conceal laundered proceeds and revenues of crimes. Thus, there is potentially, significant risks…
Read MoreJune 2014 Newsletter – How to Become a Licensed Registered Agent for International Insurance
The NIIO was enacted in April of 2004 and has provided registered insurers and auxiliary service providers the ability to carry on related business from within Nevis. These types of businesses require the use of proper supervision and regulatory guidelines in order to ensure that there are flexible and…
Read MoreMay 2014 Newsletter – Developing an AML/CFT Compliance Programme
All regulated entities must develop an Anti-Money Laundering and Counter Terrorist Financing (AML/CFT) Compliance Programme which is designed specifically for its business. The following information will assist regulated entities in developing a written AML/CFT Compliance Programme which is
to be submitted…
April 2014 Newsletter – Plans for 30th Anniversary Celebrations
Plans for 30th Anniversary Celebrations; Policy & Procedure Tips; 1st Quarter Comparison from 2012—2014; Reminders
Read MoreMarch 2014 Newsletter – Recap of 2014 Seminar / Plans for 30th Anniversary Celebrations / FATCA
Under the theme “Redefining our Global Vision through Knowledge Enhancement” the Nevis Financial Services Regulation and Supervision Department held its annual AML/CFT Awareness Seminar and Training Workshop on Tuesday March 3 and Wednesday March 4, 2014.
Read MoreFebruary 2014 Newsletter – Training
Regulated entities have a duty to ensure that existing and new staff and any person exercising responsibilities specified in the Guidance Notes [Financial Services (Implementation of Industry Standards) Regulations] receive comprehensive training
Read MoreJanuary 2014 Newsletter – Transparency & Beneficial Ownership of Legal Persons
Competent authorities should be able to obtain, or have access in a timely fashion to, adequate, accurate and current information on the beneficial ownership and control of companies and other legal persons (beneficial ownership information) that are created in the country. Countries may choose the mechanisms…
Read MoreDecember 2013 Newsletter – The Year In Review
Effective January 2013 all Corporate Service Providers were advised to submit a Certificate of Good Standing from the Registrar of Local Companies as a condition for renewal of their Registered Agent licenses.
Read MoreNovember 2013 Newsletter – Customer Due Diligence (CDD) cont’d
When performing elements (a) and (b) of the CDD measures specified under Recommendation 10, (identified on pg 1 of last month’s issue) financial institutions should also be required to verify that any person purporting to act on behalf of the customer is so authorised and should identify and verify…
Read MoreOctober 2013 Newsletter – Customer Due Diligence (CDD)
Financial institutions should be prohibited from keeping anonymous accounts or accounts in obviously fictitious names.
Read MoreAugust 2013 Newsletter – How to Achieve Better Corporate Governance Vol. 1
Corporate governance refers to the set of systems, principles and processes by which a company is governed. They provide the guidelines as to how the company can be directed or controlled such that it can fulfil its goals and objectives in a manner that adds to the value of the company and is also beneficial…
Read MoreJuly 2013 Newsletter – Governance, Risk, Management & Compliance (GRC)
Governance, risk management, and compliance or GRC is the umbrella term covering an organization’s approach across these three areas. Being closely related concerns, governance, risk and compliance activities are increasingly being integrated and aligned to some extent in order to avoid conflicts, wasteful…
Read MoreJune 2013 Newsletter – Politically Exposed Persons (PEPs) Risk
Politically Exposed Persons – will include senior political figures, their immediate family and close associates.
Read More