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29th June 2024 (9 Topics)

India achieves ‘outstanding outcome’ in FATF evaluation

Context

India has achieved an outstanding outcome in the 2023-24 mutual evaluation by the Financial Action Task Force (FATF). This milestone highlights India's efforts to combat money laundering (ML) and terrorist financing (TF), placing India in the "regular follow-up" category, a distinction shared by only four other G-20 countries.

FATF:

  • The Financial Action Task Force (FATF) is an independent inter-governmental body that develops and promotes policies to protect the global financial system against money laundering, terrorist financing and the financing of proliferation of weapons of mass destruction.
  • FATF Evaluation and Its Significance:
  • High-Level Compliance: The FATF plenary concluded that India has reached a high level of technical compliance with FATF requirements. The anti-money laundering (AML), countering the financing of terrorism (CFT), and counter-proliferation financing (CPF) regimes of India are achieving good results, including international cooperation and access to beneficial ownership information.
  • Effective Measures: India's AML/CFT/CPF framework has been effective in using financial intelligence and depriving criminals of their assets. The evaluation highlighted India's success in transitioning from a cash-based to a digital economy to reduce ML/TF risks.
  • Recognition of Efforts: The FATF has recognized India's rigorous measures over the past decade to safeguard its financial system from ML/TF threats, including efforts to mitigate risks arising from corruption, fraud, and organized crime.
  • Areas Needing Improvement:
  • Supervision and Implementation: The FATF observed that India needs to strengthen the supervision and implementation of preventive measures in some non-financial sectors.
  • Delays in Prosecutions: India needs to address delays in concluding ML and TF prosecutions to ensure timely justice.
  • CFT Measures for NPOs: Improvements are required to ensure that CFT measures aimed at preventing the non-profit sector from being abused for TF are implemented effectively, including conducting outreach to NPOs about their TF risks.
  • Policy Implications and Future Directions:
  • Enhancing Supervision: Strengthening the supervision of non-financial sectors will be crucial to maintaining and improving compliance with FATF standards.
  • Speeding Up Legal Processes: Addressing delays in ML and TF prosecutions will enhance the effectiveness of India's AML/CFT framework and ensure quicker justice.
  • Outreach to NPOs: Conducting regular outreach and providing guidance to NPOs will help them understand and mitigate TF risks, ensuring compliance with FATF's risk-based approach.

Initiatives by the Indian government against money laundering

  • Guidelines and rules under the Prevention of Money Laundering Act (PMLA), 2001
  • Know Your Customer (KYC) procedures
  • Fugitive Economic Offenders Act in 2018
  • Anti-black money Act, 2015
  • Foreign Exchange Regulation Act (FERA), 1973
  • Foreign Exchange Management Act (FEMA) in 1999
  • Indian Customs Act, 1962
  • Smugglers and Foreign Exchange Manipulators Forfeiture of Property Act, 1975
  • Foreign Contribution (Regulation) Act, 1976
  • The promulgation of the Prevention of Terrorism Act (POTA), 2002
  • India is a signatory to the 1988 United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (the Vienna Convention).

What are the Black List and Grey List?

Those are two types of lists that FATF maintains;

  • A blacklist is given to the countries that FATF considers uncooperative tax havens. These countries are known as Non-Cooperative Countries or Territories (NCCTs).
  • A Grey list is a warning given to the country that it might come on the Black list.
    • But even when a country comes under a grey list it faces many problems like problems in getting loans Economic sanctions Reduction in trade.
UPSC Mains Questions:

Q. Examine the challenges faced by India in strengthening the supervision and implementation of preventive measures in non-financial sectors. How can these challenges be addressed to ensure better compliance with FATF standards?

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