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Navigating The Complexity of Ownership From The Lens of Sanction By Extension

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Lapses in UBO Identification, Sanctions Compliance, and Corporate data

Tuesday, 30th April. 13:00 - 14:00 London Time (GMT+1)

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Louie Vargas

Speaker

Michael Harris

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From Compliance to Confidence: The Role of KYB in Compliance

21 August, 2023

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Keeping compliant with regulations and protecting against fraud requires companies to follow KYB (Know Your Business). Before contracting with a partner, supplier, or vendor, the company’s identity must be verified. KYB can provide the company with several benefits, including simpler and more automated processes. Keeping KYB in compliance with AML regulations requires a solid understanding of KYB, its importance, and how to implement it.

What is KYB?

The purpose of Know Your Business is similar to KYC in that it helps obligated entities assess and understand the AML/CFT risks associated with new and existing business relationships. KYB lets firms determine whether the entities they deal with are authentic or being used to hide owners’ identities for illegitimate purposes by examining who owns them.

KYB Compliance Checks: Why They’re Important

Financial crimes such as money laundering, terrorist financing, profiling, and other financial crimes can be prevented through an effective KYB process. To properly onboard new clients, assess risks, identify red flags, and protect reputations, KYB compliance checks are crucial. Compliance officers use KYB checks to verify a business’s legitimacy, industry, country of origin, and assess the risks involved.

KYB Compliance – What is it?

Know Your Business compliance refers to a company following the rules of Know Your Business. Before working with a business and its Ultimate Beneficial Owners (UBOs), proper due diligence and continuous AML checks throughout the relationship should be performed. Companies can’t detect all possibly fraudulent transactions. It is important to note, however, that the Financial Industry Regulatory Authority (FINRA) and other regulatory bodies require companies to have reliable and repeatable processes in place so that they can determine who they are dealing with before making an approval or rejection.

Know Your Business: How to Comply?

KYB compliance requirements need companies to evaluate business relationships for risk. Due diligence is a process by which companies evaluate the risk associated with each customer, allowing them to better understand the individuals or entities with whom they are considering doing business.

The company is responsible for verifying the business’s beneficial owners listed on global watchlists or sanction lists. An effective AML strategy should include the following components to achieve this goal:

Due Diligence

Risk assessment refers to the process of assessing an enterprise’s risk levels. Due diligence for businesses differs from that for customers, which focuses on verifying a customer’s identity. A company may undertake enhanced due diligence if the UBO entails a high level of risk.

Sanctions Screening

A regulatory authority sanctions check identifies and verifies whether the regulations prohibit the potential business relationship. In this process, companies and employees are checked to see if any sanctions have been imposed on them.

PEP Screening

An assessment determines the risk of political corruption or influence. This requirement ensures that companies with regulatory oversight screen their business relationships for affiliations with politically exposed persons (PEPs). Companies whose status as PEPs is positive pose a higher level of risk as they are considered politically corruptible.

Adverse Media Check

A monitoring process is used to identify any negative information about a business in the news and other media channels. Companies can respond to real-time adverse media coverage with frequent updates from this monitoring.

Advantages of KYB Compliance Automation

It can be time-consuming to verify a business owner’s identity, examine ownership structures, and determine beneficial owners in the face of increasing AML/CFT regulations. Automation can help with KYB compliance in this situation.

KYB compliance automates the verification process, enabling businesses to adhere to AML regulations and protect their operations. This process can be done digitally through electronic identity verification (eIDV). Combining electronic authentication with KYB compliance makes the process faster and more effective.

Automated KYB compliance analysis collects data from corporate records, PEPs, and sanctions databases to analyse final beneficiaries and shareholders. Businesses stay compliant by monitoring continuously and using automatic controls. APIs facilitate the obtaining and validating of official commercial registration data. Businesses can collect vital information through the digital KYB service with a business authorization code.

KYB compliance can be automated to save time and reduce human error. Business verification services is made much easier and more accurate with this new system, which ensures a smooth and efficient process. Businesses can ensure compliance with KYB regulations and prevent financial fraud by automating corporate compliance solutions.

Conducting KYB Compliance Checks

An effective KYB compliance verification check requires a systematic approach from compliance officers. Consider the following best practices:

Develop KYB Policies and Procedures

Maintain KYB policies and procedures compliant with the jurisdiction’s KYB regulations. When onboarding new customers, the KYB process and documentation requirements should be standard for all companies.

Identification of Beneficial Owners

To determine a company’s ownership structure and source of funds, identifying its beneficial owners is essential. Ensure the beneficial owner’s details are documented in the relevant jurisdiction and determine the ownership threshold.

Ensure the Business Exists

Your can ensure the business is legitimate by getting information on its registration, directors, and other legal documents. A legitimate business should not be a shell company.

Sanctions and PEP Screening

Check the identities and verification of the directors identified in the business for political exposure or sanction, and screen for individuals who may be at risk for bribery or corruption.

Risk Assessment

Determine whether the business is at risk, how it is affected by its industry, and where it operates. Examine and identify the risks of money laundering, proliferation, bribery, and corruption associated with the company.

Continual Monitoring

Ensure the business is continuously monitored to detect any changes in ownership or transactions that could affect the risk profile. An automated platform will incorporate watchlists and screening into the ongoing due diligence process.

Final Thoughts

KYB compliance with regulations and the prevention of financial crime is made possible by KYB checks. To keep financial crime risks at bay and safeguard businesses’ reputations, compliance officers must ensure KYB processes are robust within their organizations.

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