AML Policy

Purpose and Scope 
Becfin is obliged to comply with the Austrian and European AML/CFT laws and regulations. Non-compliance with these requirements could result in disciplinary actions initiated by the regulatory authorities, fines, restrictions of business, reputational risk and even the loss of the rights to offer the services and products. 

Becfin has established the internal structure and mechanism to minimize the risk arising from the money laundering and terrorism financing, which consists of client due diligence policy and all its annexes. The documents prepared are a guidance for employees to identify and prevent money laundering and terrorist financing activities.  

Legal and Regulatory Framework 
This section provides an overview of the relevant laws, regulations, and industry standards related to anti-money laundering (AML) and countering the financing of terrorism (CFT). It helps employees understand the legal obligations and the consequences of non-compliance 

 European and International Legal Framework 

EU Legal Acts 
Date 
Link 
Directive (EU) 2015/849 on the prevention of the use of the fi-nancial system for the purposes of money laundering or terror-ist financing (4th Money Laundering Directive) 
20.05.2015 
Link
Directive (EU) 2018/843 amending Directive (EU) 2015/849 (5th Money Laundering Directive) 
30.05.2018 
Link
Regulation (EU) 2023/1113 on information accompanying transfers of funds and certain crypto-assets 
09.06.2023 
Delegated Regulation (EU) 2016/1675 supplementing Directive (EU) 2015/849 
16.03.2023 (current version) 
Other 
Supranational Risk Assessment of the Money Laundering and Terrorist Financing Risks Affecting the Union (2022) 
27.10.2022 
Link
Annex to the Supranational Risk Assessment (2022) 
27.10.2022 
Link
FATF (2012-2021), International Standards on Combating Money Laundering and the Financing of Terrorism & Prolifera-tion, FATF, Paris 
Feb. 2023 
Link
FATF Report Virtual Assets - Red Flag Indicators of Money Laun-dering and Terrorist Financing 
Sep. 2020 
Link
Guidelines of the European Banking Authority (EBA) on risk fac-tors 
31.03.2023 
Link
Guidelines of the European Securities and Markets Authority (ESMA) on risk factors 
01.10.2019 
Link
Joint guidelines of the European Supervisory Authorities (ESA) on risk factors 
EU sanctions and embargo regulations 
US sanctions and embargo regulations 


Austrian Legal Framework 

Legal Acts 
As amended by 
Link 
Financial Markets Anti-Money Laundering Act (Finanzmarkt-Geldwäschegesetz; FM-GwG) 
BGBl. I Nr. 98/2021 
Link
Austrian Criminal Code (Strafgesetzbuch; StGB) 
BGBl. I Nr. 223/2022 
Foreign Exchange Act (Devisengesetz; DevG) 
BGBl. I Nr. 37/2018 
Sanctions Law (Sanktionengesetz; SanktG) 
BGBl. I Nr. 37/2018 
Online Identification Regulation (Online-Identifikationsver-ordnung; Online-IDV) 
BGBl. II Nr. 470/2022 
FMA Circulars 
Version 
Link 
FMA Circular – Due diligence obligations to prevent money laundering and terrorist financing (RS Sorgfaltspflichten
Feb. 2022 
Link
FMA Circular – Internal organization for the prevention of money laundering and terrorist financing (RS Interne Organisa-tion
Feb. 2022 
Link
FMA Circular – Reporting obligations for the prevention of money laundering and terrorist financing (RS Meldepflichten
Feb. 2023 
Link
FMA Circular – Risk analysis for the prevention of money laun-dering and terrorist financing (RS Risikoanalyse
Feb. 2022 
Link
Other 
Date 
Link 
National Risk Assessment Austria 2021 
2021 
Link


 Upcoming Laws and Regulations 

AML/CTF Legislative Package 
Link 
Proposal for a Directive on the prevention of the use of the financial system for the pur-poses of money laundering or terrorist financing and repealing Directive (EU) 2015/849 (6th Money Laundering Directive) 
Link
Proposal for a Regulation establishing the Authority for Anti-Money Laundering and Countering the Financing of Terrorism 
Proposal for a Regulation on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing (AML/CFT Regulation) 


Risk-Based Approach 

The risk-based approach is a fundamental principle in the field of AML and CTF that guides organizations in assessing and mitigating risks associated with financial crimes. It recognizes that not all clients, transactions, or business relationships pose the same level of risk and emphasizes the need to allocate resources and implement controls based on the level of risk identified. 

Here are the key aspects of the risk-based approach: 
1. Risk Assessment: Organizations conduct risk assessments to identify and understand the potential risks they face in relation to money laundering and terrorist financing. This involves evaluating factors such as the nature of the business, client types, geographical locations, products and services offered, and the overall regulatory environment. The risk assessment helps deter-mine the inherent risk associated with various elements of the organization's operations.

2. Client Risk Profiling: Once the risks are identified, organizations assess the risk posed by indi-vidual client. This involves profiling clients based on factors such as their business activities, geographic location, transaction volumes, political exposure, and reputation. Clients are typi-cally categorized into risk levels, such as high-risk, medium-risk, and low-risk, based on the as-sessment of their characteristics and behaviors.

3. Enhanced Due Diligence (EDD): The risk-based approach calls for applying enhanced due dili-gence measures to higher-risk clients. Enhanced due diligence involves gathering additional in-formation and conducting more extensive verification procedures to ensure a deeper under-standing of the client's activities, the source of their funds, and the purpose of their transac-tions. This may include conducting in-person meetings, verifying the source of wealth, and ob-taining additional supporting documentation.

4. Monitoring and Controls: The risk-based approach guides organizations in determining the ap-propriate level of monitoring and control measures. Higher-risk clients and transactions require more robust monitoring, including real-time transaction monitoring, ongoing review of client activities, and periodic updates of client information. Lower-risk clients, on the other hand, may be subject to less stringent monitoring requirements.

5. Reporting and Escalation: The risk-based approach emphasizes the importance of reporting and escalating suspicious activities in accordance with applicable laws and regulations. Organiza-tions are encouraged to develop systems and processes to detect and report suspicious trans-actions or behaviors, ensuring that higher-risk indicators are given appropriate attention and reported to the relevant authorities.

6. Ongoing Review and Updating: The risk-based approach is not a one-time exercise. It requires organizations to regularly review and update their risk assessments, client risk profiles, and control measures based on evolving risks, changes in the business environment, and new regu-latory requirements. Regular reviews help ensure that the organization's risk management practices remain effective and aligned with the current risk landscape.