FIC Compliance Returns – South Africa
The Compliance Return is a comprehensive report that provides the Financial Intelligence Centre (FIC) with information about the institution’s financial transactions and activities.
What are FIC Compliance Returns?
Accountable institutions in South Africa are required to register and file risk and compliance returns with the Financial Intelligence Centre.
These returns provide information about the institution’s understanding of money laundering (ML), terrorist financing (TF), and proliferation financing (PF) risks.
The returns serve as a self-assessment on anti-money laundering and combating terrorist financing.
Which Institutions Are Affected?
Directive 6 applies to the following accountable institutions:
- Legal practitioners
- Trust and company service providers
- Estate agents
- Gambling institutions
Directive 7 applies to the following accountable institutions:
- Credit providers
- South African Post Bank
- High-value goods dealers
- South African Mint Company
- Crypto asset service providers
Submission Requirements:
The RCR questionnaire must be submitted online via the FIC’s registration and reporting platform (goAML).
Manual submissions are not accepted.
Each accountable institution must submit a separate RCR for each Schedule item registered.
Purpose and Supervision:
The RCRs enhance the FIC’s risk-based supervision.
The data from RCRs helps identify higher risk designated non-financial businesses and professions (DNFBPs) for risk-based supervision.
The Financial Intelligence Centre uses a risk-rating tool to analyze RCR data and inform its supervisory plan.
Important Notes:
Only institutions with a valid FIC organization identity number (Org ID) can submit RCRs.
If not yet registered, institutions should promptly register with the Financial Intelligence Centre.
Compliance with these requirements is critical for identifying and disrupting money laundering, terrorist financing, and proliferation financing
Here are 6 key elements typically included in the Compliance Return:
Customer Information: Details of the institution’s customers, including their names, identification numbers, contact information, and information about their business or occupation.
Account Information: Information about the types of accounts held by customers, such as savings accounts, current accounts, or investment accounts.
Transaction Information: Details of financial transactions conducted by customers, including deposits, withdrawals, transfers, and payments. This may include the amount, currency, date, and purpose of the transactions.
Suspicious Transaction Reports: Any suspicious transactions that the institution has identified and reported to the FIC. This includes transactions that may be indicative of money laundering, terrorism financing, or other illicit activities.
Risk Assessments: Assessments conducted by the institution to evaluate the level of risk associated with certain customers or transactions. This helps identify high-risk individuals or entities that may require further investigation.
Compliance Measures: Information about the institution’s internal controls, policies, and procedures for detecting and preventing financial crimes. This includes details of training programs, due diligence processes, and compliance monitoring activities.
It’s important to note that the specific information required in the Compliance Return may vary depending on the nature of the institution and the applicable regulations.
By submitting the Compliance Return, accountable institutions help the FIC in analyzing and monitoring financial transactions to detect illegal activities. The information provided in the return assists the FIC in identifying patterns, trends, and potential risks associated with money laundering and terrorism financing. This helps in strengthening the overall financial intelligence regime in South Africa and preventing illicit activities in the financial sector.
Consequences for Non-Submission of FIC Compliance Returns (RCRs) are significant and can impact accountable institutions. Here are some potential repercussions:
- Penalties and Fines:
- Failure to submit RCRs by the specified deadline may result in financial penalties imposed by the Financial Intelligence Centre
- These penalties can vary based on the severity of non-compliance and the institution’s history.
- Risk of Regulatory Action:
- Non-submission indicates a lack of commitment to anti-money laundering (AML) and combating terrorist financing (TF) measures.
- The FIC may take regulatory actions, such as issuing warnings, imposing restrictions, or even revoking an institution’s registration.
- Reputational Damage:
- Non-compliance reflects poorly on an institution’s risk management practices.
- It can damage the institution’s reputation among clients, partners, and stakeholders.
- Increased Scrutiny:
- The FIC may subject non-compliant institutions to heightened supervision.
- This could involve more frequent inspections, audits, and reporting requirements.
- Legal Consequences:
- Persistent non-submission may lead to legal proceedings.
- Accountable institutions may face legal action, including fines, court orders, or even criminal charges.
- Business Disruption:
- Non-compliance can disrupt business operations.
- The FIC may restrict an institution’s activities until compliance is achieved.
Therefore, it is crucial for accountable institutions to meet their reporting obligations promptly and accurately. Regular submission of RCRs demonstrates commitment to AML and TF risk management, maintains regulatory trust, and contributes to a safer financial system.
Read more here Accountable institutions must register and file risk and compliance returns with the FIC – FIC
If you are finding the completion of the RCR a dauting task or require assistance with implementing a financial crime framework that suites your business needs, contact us to find out how we can help you. Email us on info@navcompliance.co.za
