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

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

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

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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Should you quit your job and focus on your own business: Advice to Entrepreneurs

Nine things to do before quitting your job,to run your business:

1. Ensure that your business generates enough money to pay all your recurrent expenses. Before making the great leap,determine how much money you need to cover all living expenses for each month. Then look at the income already generated from your business ,and see if enough money comes in to take care of your basic needs.

2. Consider finding another job that will equip you with the tools needed to bring more value to your own business.

3.Talk to your spouse to let them know your concerns and your desire to leave your job. This will give them notice,lest they are taken by surprise when you are home all the time. It is also a good time for your spouse to admit if they are similarly thinking about leaving their job.

4.Try to prepay some of your expenses,such as internet,electricity before you quit. This will give you a little comfort knowing that bills are paid.

5. Try to buy wholesale food items and store them. When the hard times come ,you will not go hungry.

6. Clear off major debt ,please be reminded that you can lose your house or car if you fail to make your monthly installments. 

7. Be prepared for uncertainties, business is  in and of itself uncertain. Some months will be feast,and some months will be famine. 

8. Before quitting your job,view your employer as your investor ,your financier,who is paying you a salary which you will then use to finance your dreams. 

9. Follow the proper procedure in resigning,so that you leave on good terms. If the services or products that you offer are in line with those of your former employer,you may conduct business with them.

The author is a Trinidadian attorney at law. She specialises in Anti Money Laundering and Countering the Financing of Terrorism. Please see the website http://asydneygroup.com ,whats app 868 484-7778 ,Instagram @asydneygrouptt

The Lunch Hour: The Real Rush Hour

How do you spend your lunch hour every day? I usually take a walk outside some days to see the working class hustle to purchase lunch. They exit their office still wearing their cardigans and sweaters and are make crucial choices. They venture to either a food court or a food establishment to decide. They look at the menus and check their purses and wallets. They take out their cellphones and idly scroll through their social media feeds. They then stand in line, wait their turn and approach the cashier and or server. Their colleagues may be at the same establishment or at another. They purchase their food and of course a drink and feel excited about their taste buds coming into contact with their purchase. The food may be consumed at the eating establishment if seats are provided or the employee may return to the office. The employee makes his way to his desk or to the lunchroom, holding the styrofoam container and beverage bottle. The smart phone is placed on the table and he or she indulges in the food.
Imagine doing this with your lunch hour everyday for the next 5 years. It is true that you are entitled to your lunch hour and you may spend it as you please. But is there a way that you can invest your lunch hour in yourself? My best friend told me that he spends his lunch time looking for lunch, everyday. He told me that he had a certain personal task to complete that would lead to significant personal development, but it was difficult to do during the working day. I suggested that he make use of his lunch hour, but he told me he was busy finding lunch.
From a financial point of view, money that could have been otherwise saved or invested is spent on purchasing lunch each day. Every time that you buy lunch, you pay with a $100 bill. By the end of the week, $500 has been spent on food for lunch alone; this does not take into consideration money spent on breakfast and dinner.
In terms of time management, an hour a day is a terrible thing to waste. I am not in anyway advocating that you work during your lunch hour for your employer. What I am suggesting is that you work on your dream during your lunch hour. Guard your time, it is your life. Every second counts. If you find that you still have a lot of work to do at the end of the working day, then consider analysing everything that you do during the day.
Reasons why I dislike buying lunch:
Food is expensive;
I do not know what ingredients are being used;
I do not know who is preparing the food;
I do not want to spend my lunch time thinking about what food to
purchase;
Regardless of the food that I consume, it will exit my body in the same manner and hopefully, colour.

A good approach is to put your food in the microwave while you use the facilities to relieve yourself. That should take about 3 minutes, then you return to the kitchen and eat for 15 minutes. Naturally, this means that you have to walk with your lunch from home. It does not have to be anything elaborate, it can be simple. You can steam broccoli and carrots in a pot and chunky veges for lunch. You can make a sandwich, pack a beverage and a snack or fruit for dessert. Whatever you consume at lunch time, will leave your body in the same manner. Then you can return to your desk and read about that idea that you conceptualized and research what has already been done on the topic. The question is now, how will you spend your lunch hour ?

About the author:

The author is a lawyer in Trinidad who specialises in Anti Money Laundering and Countering the Financing of Terrorism.

See the website:http://asydneygroup.com

Instagram : @asydneygrouptt

Whats app :868 484-7778

What does the way you walk say about you?

I have always been teased about the way I walk. I walk quickly, I pass people by on the sidewalks as though a dog I chasing me. I am oftentimes told that I would get a speeding ticket. I simply laugh at these jokes. In response, I say that I am “on a mission”. I could be on my way to class, on my way to the office or about to meet a friend, I walk with purpose.
Increasing your walking pace by 25% was one of the confidence building exercises in the Magic of Thinking Big . The author told of the games his mother played that consisted of watching passersby and observing their walking habits. His mother advised him that there was much to learn from observing the walking habits of people. The author said that psychologists link poor posture and sluggish walking to low self confidence. Psychologists also say that our attitudes can be changed by improving our posture and by increasing our speed of movement.
The author described 3 different groups of people based on their walking patterns. The first group are the “beaten people”, they “shuffle and stumble along through their life”. The second group of people are average and so is their walk, average. The last group of people exude “superconfidence” in the words of the author. These people walk faster than average, there is a sprint in the way they walk. Their walk tells the world “ I’ve got someplace important to go, something important to do”. Moreover, it tells the onlooker that the walker will succeed at anything he is about to do. The author advised that we should “throw our shoulders back, lift up our head and walk a little faster and feel confidence grow.

The author is an Attorney at Law in Trinidad and Tobago. She is an internationally Certified Specialist in Anti Money Laundering, Countering the Financing of Terrorism and FIU Compliance. See the website http://asydneygroup.com for her portfolio of companies. Instagram @asydneygrouptt Whats app 868 484-7778 .