Key Takeaways:
1. Compliance in banking is shaped by a structured AML system, where the FATF sets global standards, the FinCEN enforces expectations, and different countries incorporate and implement local AML laws.
2. Effective AML in banking depends on core controls, including KYC, CDD, transaction monitoring, SAR reporting, record keeping, and a risk-based approach.
3. Banks are expected to be proactive in their AML compliance, as they get to be protected from regulatory risk and boost long-term financial stability.
Introduction
As financial systems grow more digital and interconnected, banks are increasingly exposed to financial crime. The International Monetary Fund (IMF) has repeatedly warned that weak AML/CFT compliance raises systemic risk and undermines financial stability, particularly in cross-border banking.
This truth has meant that regulations combating money laundering and terrorist financing have come under the glare. Banks must now satisfy global standards as well as locally applicable AML laws. Non-compliance can lead to fines, limitations to access correspondent banking, and reputational harm.
This article discusses how global standard setters and enforcement bodies shape compliance in banking. It examines the role of FATF, the influence of FinCEN, and how countries translate global guidance into local AML compliance obligations banks must follow.
The Role of FATF in Setting Global AML Standards
The Financial Action Task Force (FATF) is the international body responsible for setting global standards on anti-money laundering and counter-terrorist financing. It serves mainly to issue recommendations on procedures that are expected to be adopted in their national law.
FATF does not enforce regulations directly. Rather, it influences global AML practices through policy guidance, typologies, and mutual evaluations that measure the extent to which a country applies its standards. Weak jurisdictions could be publicly named, affecting their access to global finance.
Since the FATF recommendations shape national AML laws globally, international banks tend to model their AML compliance programs with FATF expectations, even when local requirements and countries differ in detail.
READ ON: Frequently Asked Questions on Anti-money laundering
What Is FinCEN, and How Does It Influence Bank Compliance?
So, what does FinCEN stand for? FinCEN is the Financial Crimes Enforcement Network, a bureau of the US Treasury responsible for enforcing AML laws and protecting the financial system from misuse.
FinCEN is responsible for enforcing and administering the Bank Secrecy Act (BSA), which forms the foundation of AML regulation in the United States. Under the BSA, banks are required to carry out anti-money laundering checks, keep records, and report suspicious activities. These requirements strongly influence AML/CFT compliance standards globally, especially for banks with a presence in or operating in the US.
FinCEN also works closely with FATF. It periodically releases advisories citing high-risk jurisdictions and areas of significant deficiency identified by FATF. FinCEN sets the pace for global AML compliance in banking through enforcement and international collaboration.
You can check out the AML/CFT rules explained for banks and fintechs.
AML Laws for Bank Compliance
The FATF standards are implemented as countries adopt them into binding AML laws. National frameworks differ, but to ensure strict AML in banking, banks typically must implement a common set of core controls as part of AML/CFT compliance.
These obligations typically include:
- KYC and Customer Due Diligence (CDD)
Through Know Your Customer (KYC), banks are required to verify customer identities to be sure they know who they are transacting with. They also need to understand ownership structures and assess customer risk in line with KYC and AML laws.
- Transaction Monitoring
Ongoing monitoring is required to detect unusual or high-risk activity and support effective AML/CFT regulations.
- Suspicious Activity Reporting (SAR)
Banks are expected to report suspicious transactions to relevant authorities without alerting the customer.
- Record Keeping
Financial institutions are required to retain customer and transaction records for regulatory review and audits.
- Risk-Based Approach
Banks must be involved in identifying, assessing, and understanding money laundering and terrorist financing risks, which helps to prioritize their resources effectively.
INTERESTING READ: AML Regulations in Banking and How to Stay Compliant
How FATF, FinCEN, and Local AML Laws Work Together in Banking Compliance
Bank compliance operates within a layered system. FATF defines global standards. FinCEN enforces and guides, particularly through its global influence and application of the BSA. Local regulators then incorporate these expectations into domestic AML systems.
This structure explains why compliance in banking cannot be treated as basic or irrelevant. Any bank conducting cross-border payments or correspondent banking is subject to national standards as well as global AML standards. Vulnerabilities in one country may trigger examination in others as well.
Therefore, for AML in banking to function properly, global guidance, enforcement trends, and local legal obligations need to be harmonized.
Conclusion
Global AML bodies and local laws collectively shape how banks manage financial crime risk. The international standards are defined by FATF, they are reinforced by FinCEN, and local regulators translate them into binding AML laws.
Proactive AML compliance is non-negotiable for banks. Robust internal controls, automation, and a risk-based approach make institutions better prepared to meet regulatory expectations and maintain access to world financial markets.
With technology-driven solutions, Youverify help banks to meet the challenge of anti-money laundering compliance easily and efficiently across multiple jurisdictions.
To get started on your AML compliance, talk to a compliance expert now.
FAQs
Q1. Does FinCEN regulate banks?
Yes. The Financial Crimes Enforcement Network regulates and enforces AML requirements for banks under the Bank Secrecy Act, including reporting, record keeping, and AML checks.
Q2. What is the role of FATF in AML?
The Financial Action Task Force sets global AML and CFT standards. It evaluates countries and guides how national AML laws and bank compliance programs are designed.
Q3. What happens if you are on the FATF blacklist?
Countries on the FATF blacklist face increased scrutiny, restricted access to global banking, and higher compliance costs. Banks dealing with these jurisdictions may limit or exit relationships.
Q4. How to automate AML compliance processes
Banks automate AML compliance using AI-driven tools for KYC and CDD, transaction monitoring, SAR filing, and risk scoring. Automation improves accuracy, reduces manual work, and supports consistent compliance.
