Beneficial Owners: UBO : The True Owners : Anti Money Laundering Compliance

”The natural person(s) who ultimately owns or controls a customer and/or the natural person on whose behalf a transaction is being conducted. It also includes those persons who exercise ultimate effective control over a legal person or arrangement.”1
A lack of clarity over who is the ultimate beneficial owner of a company or asset clouds the ability of banks and financial institutions to carry out these checks effectively, leaving them exposed to facilitating corruption or bribery, or unwittingly funding illegal or terrorist activities. The regulatory cost of such activities can include large fines and personal prosecution for directors of financial institutions.2

Beneficial ownership identification and verification is now an essential component of the client KYC on boarding process.3
The beneficial owner is the natural person who controls an account or who exercises ultimate control over legal arrangement or who benefits from the transaction.
Although title to property or money is in another name, the beneficial owner will ultimately benefit from the transaction at the end of the day.

Why would an individual choose to be the beneficial owner?
i)Privacy-In Trinidad and Tobago, the Companies Registry and Deeds Registry are public records and the names and addresses of directors can be easily searched, once the relevant fees are paid. High net worth persons and famous persons may not want their home address available on public record.

ii)Asset Protection-Wealthy individuals who are exposed to lawsuits, divorces or those involved in Money laundering (ML) or Terrorist Financing (TF) may not want to be associated with bank accounts or assets. Funds in the bank accounts of persons suspected of Ml/TF may be seized in Trinidad.
Scandals involving Ultimate Beneficial Ownership

The Panama Papers were published in 2016. They were essentially archives of a Panamanian law firm. These archives revealed the beneficial ownership of several thousands of offshore corporations. It seems that some beneficial ownership was hidden for nefarious or illegal motives. 4
Unaoil, a Monaco-based firm registered in the British Virgin Islands and its subcontractors allegedly bribed foreign officials to help major multinational corporations (MNCs) win contracts. This type of corruption leads to political instability, undermines trust in governments and help terrorists. 5 There is a view that if companies dealing with Unaoil sought insight into beneficial ownership, legal name, tradestyle(s), organizational structure, parent companies, names of all principals/officers and industry.

The author is an attorney at law in Trinidad and Tobago and she specializes in Anti Money Laundering and the Financing of Terrorism . See the website http://asydneygroup.com and Instgram @asydneygrouptt WhatsApp 868 484-7778

References:
1https://www.lexisnexis.de/whitepaper/beneficial-ownership.pdf
2 https://www.lexisnexis.de/whitepaper/beneficial-ownership.pdf

3 http://www.dnb.com/content/dam/english/dnb-solutions/supply-management/UBO-guide-170515_US.pdf

4 https://www.investopedia.com/terms/b/beneficialowner.asp
5https://www.huffingtonpost.com/entry/unaoil-scandal-explained_us_56fbd2f0e4b0daf53aee0cff

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Financing of Proliferation of Weapons of Mass Destruction

The threat of proliferation is significant and the consequences are severe. Proliferation has many guises but ultimately involves the transfer and export of technology, goods, software, services or expertise that could be used in nuclear, chemical or biological weapon-related programmes, including delivery systems; it poses a significant threat to global security1.
Proliferation may be defined as the transfer and export of nuclear, chemical or biological weapons; their means of delivery and related materials.2 This could include, inter alia, technology, goods, software, services or expertise. Means of delivery include missiles, rockets and other unmanned systems capable of delivering nuclear, chemical or biological weapons that are specially designed for such use.
What is Proliferation Financing?
The provision of financial services for the transfer and export of nuclear, chemical or biological weapons; their means of delivery and related materials.
With respect to the Financing of Proliferation, the following deficiencies were noted by the Assessor in Trinidad and Tobago:
There does not appear to be a comprehensive policy or the completion of such a policy as it relates to the financing of the proliferation of Weapons of mass Destruction in Trinidad and Tobago;
The framework for targeted sanctions related to Terrorist Financing needs to be reviewed;
The sanctions and prohibitions are in respect of freezing funds are not covered in the Anti Terrorism Act;
There is no comprehensive policy on the proliferation of financing of weapons of mass destruction and there is no adequate legislation on this issue;
There does not appear to be a thorough appreciation of the risk of Terrorist Financing amongst the relevant authorities;
There are inadequate resources to effectively investigate and prosecute Terrorist Financing.
References:
1 http://www.fatfgafi.org/media/fatf/documents/reports/Typologies%20Report%20on%20Proliferation%20Financing.pdf
2 S/RES/1540 (2004)
3 http://www.fatfgafi.org/media/fatf/documents/reports/Typologies%20Report%20on%20Proliferation%20Financing.pdf

 

The author is an attorney at law based in Trinidad. She specialises in AML CFT .

See website : http://asydneygroup.com

Whatsapp 484-7778

 

 

Life is but the shipwreck of our plans

Planning to make a plans. What a life!I agree that goals are important , and yes I believe in the law of attraction . But do our plans turn out the way that we expected? Life can be messy . Relationships end,children leave the nest and sometimes our love is not reciprocated.

Enjoy the mess. Dance when your world is falling apart. Keep your head up. Stand in the rain . Don’t you give up on your dreams.

When you lose control of the ship,the anchor holds. You will be grounded and you will be on land soon.

The author is an attorney at law in Trinidad. She specialises in AML CFT Compliance .

Website : http://asydneygroup.com

What’s app 868 484-7778

Employee Engagement: How to Maximize Productivity and make your Employees Want to Work?

What is employee engagement?
Employee engagement is based on trust, integrity, two way commitment and communication between an organisation and its staff. It is an approach that increases the chances of business success, contributing to organisational and individual performance, productivity and well-being1.
Employee Engagement from the perspective of the employees2

Imagine if an employee can wake up and be excited about going to work. Imagine if he looks forward to sharing great ideas, to working together with colleagues and accomplishing a common goal. That employee would feel as though they are a part of the organisation making a vital contribution to achieving the company’s mission.
Employee engagement is about being included fully as a member of the team, focusing on clear goals, trusted and empowered, receiving regular and constructive feedback, supported in developing new skills, thanked and recognised for achievement.
A work environment that is fair, based on mutual respect is an engaged organisation.

Employee engagement from the perspective of the Employer 3
Employee engagement is about positive attitudes and behaviours leading to improved business outcomes, in a way that they trigger and reinforce one another. Imagine an organisation that runs on employees’ knowledge and ideas to improve products and services and to promote innovation. Imagine a place where your employees can recommend the organisation to prospective employees and boast that the actions of the employer are in line with the values of the company.

Methods of Employee Engagement
Have a tea lady who walks around offering beverages, she can then return to the refrigerator and bring it;
Give employees flexi-time-whereby they can work from home on two or more days per week, for accountability they will log in and log out;
Have a snack or fruit bar full of fruits and snacks for employees to indulge in;
Ask employees about their goals and aspirations and advise them generally on how to move forward;
Show concern for employees who are experiencing difficulties when their spouse or sibling is sick i.e. compassion;
Give employees every other Friday off for personal business, the compromise is that staff will work an additional hour everyday or come in one hour early every morning.
Try to get all employees involved in activities this limits the feeling of alienation.
Employee engagement is about eliciting a deeper commitment from our employees thereby receiving fewer sick leave ,reduction in absenteeism, decreasing accident and incidents rates , limited conflicts and grievances ,and ultimately an increase in productivity 4.
References: 1-4 http://engageforsuccess.org/what-is-employee-engagement

 

The author is an attorney at law in Trinidad , she specialises in Anti Money Laundering and the Countering of the Financing of Terrorism. See the website http://asydneygroup.com Instagram @asydneygrouptt Whatsapp 1 868 484-7778

Do not let the water get inside the boat : if it does,keep your nose above the water

I listened as she explained her situation. I was sympathetic,but I told her that we were in the same boat. She was underemployed and she opined that the work felt degrading.

She knew that she could do better. Years of sacrifice and effort resulted in debt for tuition and living expenses. I told her to keep her head up. There was no shame in serving. While we are young,we ought to work to learn not earn.

We are not entitled to a dream job after graduation, we have to earn our stripes. I commended her on her successful interviews,and the subsequent employment with the company.

I advised her to do extra things with her time ,that could make extra money. Although her salary is equivalent to an entry level position ,she has to work her way up. The experience that she gains will serve her well in the future.

For those students who are graduating this year, welcome to the rat race. You will be disappointed by what the world of work has to offer to you. Be humble. You have to work to earn your dream job .

The author is a lawyer in Trinidad. She specialises in Anti Money Laundering Compliance.

Website :http://asydneygroup.com

What’s app 868 484-7778

A dog is still a dog, do not try to change your partner

The things that we accept, will be the things that we regret in our partners.My neighbour’s pet dog usually comes in my yard,he chases chickens,birds,vehicles and barks at pedestrians. He only does these things away from his residence.When he is home,he sleeps inside the house,he eats dog food,and he appears well trained. As soon as he afforded the opportunity to leave his yard,he reveals his true nature. My father observed the dog eating chicken bones that we discarded and he remarked that the dog sleeps on his own couch at home,yet he is in our yard,consuming bones. I replied, “a Dog is still a dog”. It does not matter if we take the dog to the vet, or we buy brand name accessories for the dog, he is still a dog.

I considered the lives of many people who feel that they can change their romantic partner. Silly isn’t it? Maya Angelou said that when people show you who they are,believe them. Do not waste your time and energy trying to fix the perceived  flaws and imperfections on another. Invest that time in yourself. Accept people for who they show you they are. 

Are you blind to the true nature of your partner?

Open you eyes ! 

The author is an attorney at law based in Trinidad.She specialises in Anti Money Laundering and Countering the Financing of Terrorism. Website : http://asydneygroup.com.
What’s app 868 484-7778

Instagram @asydneygroup.com

There are no dead end jobs,just dead end people:It is an adventure to be alive

Today is a present. Are you alive or just living ? Bills ,bills ,bills. I wish the person who invented bills will choke on his saliva. Bills are a huge inconvenience to me. But working towards generating funds to pay these bills is fun. In the absence of he responsibility to pay bills,some people may never enter into the workforce. Nevertheless,it is a blessing to be on your way to work. Some people are not economically active. Look at it as a quest. You are on a journey to make money. Do not look at it as going to your dead end job. A wise man told me that there are “…No dead end jobs,just dead end people “. Do not resent your employer,after all  the company is paying your bills,sending your kids to school. For the entrepreneurs out there,think of your job as your investor. I encourage you to view your day as an adventure,just like something I heard in the movie Peter Pan ,the version with Robin Williams.

The author is an attorney at law in Trinidad. She specialises in Anti Money Laundering and Countering the Financing of Terrorism. See the website http://asydneygroup.com .

What’s app 1 868 484-7778

Instagram :@asydneygrouptt

You created your own misfortune by not believing in yourself

Saturday morning cartoons make me feel alive.I prepared pancakes, sausages and eggs for breakfast and I watched cartoons from the 90s. 

In the evening time,I watched an episode of Johnny Bravo,where a series of unfortunate things happened to him as he lusted after yet another woman. It could have been a heat flash,but Dionne Warwick appeared in a vision to him. She warned Johnny that his failure to believe in himself and his ability to successfully pursue the woman was the cause of his perceived bad luck.

It’s amazing where you can find inspiration. In a cartoon ,a movie,a child . Just think of it as the universe’s way of speaking to you.

Believe in yourself.Believe in your dreams.Believe in your ability to execute the project. Never give up.Trust the process.

Do not let your own doubt cause you to experience bad luck.Just believe.

The author is an attorney at law based in Trinidad, she specialises in Anti Money Laundering and Countering the Financing of Terrorism. 

See the website : http://asydneygroup.com

What’s app only 1 868 484-7777

Instagram @asydneygrouptt

Formal Education will make you a Living; Self Education will make you a Fortune

Continued education enriches the soul. I always take time to notice my classmates whenever I undertake an additional course. These people appear to be in their forties and older and they have established careers. Within those career paths, they have selected a senior position and they pursue the course in order to have the necessary qualifications when the vacancy is advertised. That way, they are prepared for any opportunity that may arise. I recently completed a 5 day workshop and all the participants were members of amazing professions. There were 2 Marine Pilots, 2 Helicopter Pilots, 1 Civil Engineer and 1 PhD candidate. Apart from these, there were also persons from the financial sector. This was not the first workshop that they attended post graduation. They are trained annually, and are now in a position to train others. They view learning with great pleasure and actively participated in the session. Every lunch time, I sat with different classmates and asked them about their jobs. With the exception of one person, they all seemed to like it.
On one day of the workshop, we were asked to talk about the reasons why we like our jobs. One of the marine pilot stated that she liked her job, because it was exactly what she wanted do, since she was small. That is an astonishing thing for someone to accomplish. The other classmates all graduated from university, but did not stop there. They were continuing to pursue courses and one classmate was reading for her PhD. They were not working to pay bills. They were building fortunes, because they were doing what they loved and continued to sharpen their skills through continued learning. You have nothing to lose, and everything to gain by investing in yourself by learning more. Many people have the same degree as you do, so you must find a way to distinguish yourself from, everybody else. Additional courses may help you to specialise in a certain field or to become an expert. Continued education may come in the form of reading books, listening to audio books, doing research, watching educational videos. Trust the process and continue to enrich your soul.

The author is an attorney at law in Trinidad, she specialises in Anti Money Laundering ,Countering the Financing of Terrorism and Financial Crimes. See the website : http://asydneygroup.com , Instagram @asydneygroupytt Whats app 1 868 484-7778.

Sydney Group is Celebrating our First Anniversary of blogging on WordPress

What is now proven was once a thought. I always wanted to be a blogger, but I feared that I would soon run out of topics. I did not want to start the project, then abandon it when ideas were scarce. But the opposite happened, as I immersed myself in writing the universe provided me with ideas weekly. I am now able to research new topics and prepare a presentation. It takes a certain level of commitment to produce one blog post weekly. Regardless of the occurrences of the week, I try to ensure that I have content to share. If I fail one or two weeks out of the year, please forgive me. I anticipated that there would be challenges in building a readership. I celebrated when my post was viewed by one person within 5 days of my posting. One year later I got 6 likes immediately after posting and this was a huge achievement for me.
I am aware that there are full time bloggers who have dedicated their time to provide you with timely posts. I am not yet in a position to do that, so please accept my blog posts as a sneak peek into my life. I invite you to continue reading my posts as I expand my knowledge base thereby generating additional posts. I am involved in many projects at this time, but my favourite project is blogging on this forum, WordPress. It is a great way to create an archive of your life week by week. People from all around the world view my posts, and I smile with each view.
It pleases me greatly when my friends or relatives strike up a conversation with me about one of my posts. The mere fact that they took 2 minutes out of their busy schedules to read my content means a lot to me. Last year I covered a range of topics from company registration, to wills to motivational posts. I take great pride in my writing. It was a challenge at first when I received no views or likes, but I decided to keep writing. That way when I did in fact develop a readership, they could return to my previous posts. Imagine 10 years from now, I can look back at these weekly entries and smile that it was recorded. I personally write my blogs and I am giving you a taste of the world through the eyes of a young, black, and woman.
The author is an attorney at law from Trinidad. She specializes in Anti Money Laundering ,Countering the Financing of Terrorism and Financial Ctimes.
Please see the website: http://asydneygroup.com
Instagram @asydneygrouptt
Whats App 1 868 484-7778

 

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