Navigating The Complexity of Ownership From The Lens of Sanction By Extension
Tuesday, 30th April. 13:00 - 14:00 London Time (GMT+1)
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The KYB serves as the primary data source for verifying businesses and conducting corporate due diligence in over 250 countries and states.
Navigating the Complexity of ownership from the lens of Sanction by Extension
Mitigating Business verification complexity with The KYB in MENA Region
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Mitigating Business Verification Complexity with The KYB in MENA Region
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KYB stands for Know Your Business, which is a due diligence process that companies use to verify the identity and legitimacy of their business partners or customers.
27 September, 2023
Regulatory bodies across the globe have been working hard to develop ways to prevent the rising number of financial crimes such as money laundering. After the Panama Papers leaked, governments found that lack of beneficial ownership transparency was the major loophole in the due diligence systems. Thus, regulators started to implement rules on UBO verification in 2016.
An Ultimate Beneficial Owner (UBO) is an individual or entity who holds a pivotal position either as a direct or a third-party beneficiary of the company. The Financial Action Task Force (FATF) defines UBOs as natural individuals having direct control over the firms’ clientele or those on whose behalf the firm conducts transactions. Thus, a UBO is the official owner of the business with whom other partner entities are linked or a group of people responsible for governing the company.
Businesses should be aware of suspicious behavior showing potential signs of illicit activities. Some of the main red flags of a UBO includes:
Financial institutions that are doing business with commercial customers in the EU must perform a UBO check.
In the US, similar disclosures pertaining to beneficial ownership are incorporated within the Financial Crimes Enforcement Network (FinCEN) Customer Due Diligence (CDD) final rule, which became effective on May 11, 2018. The CDD Rule outlines the requirements to conduct customer due diligence and imposes a new requirement for financial firms to identify and authenticate beneficial owners, subject to specific exclusions and exemptions.
The Corporate Transparency Act requires US firms to report UBO’s full official name, birth date, business address, current residence, etc., to FinCEN.
Many countries have entered into international agreements mandating beneficial ownership disclosures. The FATF set beneficial ownership standards in 2003, and 198 jurisdictions agreed to the standards in 2012. After two years, a policy declaration emphasized UBO transparency at the G20 Brisbane Summit. However, only two of the G20 effectively fulfilled beneficial ownership requirements due to the complexity of implementing the rules. The FATF report, evolving US and European regulations, and major corruption scandals have pressured G20 countries to have robust beneficial ownership disclosure systems.
Four main steps to creating effective UBO programs include:
UBO verification might not seem challenging, but it can be time-consuming and costly without proper systems. Checking multiple databases, importing data, monitoring records, and doing complex reviews manually can delay the onboarding process, lead to human error, and redirect the staff time to do data entry. However, automating the business verification process helps firms maintain UBO compliance and prepare for the evolving regulations.
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