It was pleasant and useful to talk with Diana Ternova. Very professional consultation, lots of interesting details.
Attorney
An expert in financial and international corporate law. She has extensive experience advising FinTech and licensed companies in the EU, UAE, US, and East Asia. She specializes in AML/KYC compliance, M&A transactions, company registration and licensing, and interactions with regulators and banking institutions.
AML check
AML (Anti-Money Laundering) is a set of legal and administrative measures aimed at preventing the use of financial systems or specific financial institutions for the laundering of proceeds derived from illegal activities, as well as for the financing of terrorism.
AML screening (AML check) is a compliance procedure used to assess money laundering and terrorist financing risks by screening clients, counterparties, and transactions against regulatory and risk-based criteria.
Main purpose of AML screening
The main objectives of AML screening are:
- identification of the subject of a financial transaction;
- identification of the beneficial owner of assets;
- verification of the origin of funds;
- assessment of transactional activity risks;
- prevention of illegal use of financial services;
- counteraction to asset manipulation.
AML screening and cryptocurrency
AML screening is applied, in particular, to cryptocurrency transactions based on European regulations and FATF recommendations. At the EU/EEA level, the concept of virtual currency has been defined and mandatory requirements have been established for the verification of crypto-asset owners, tracing the origin of crypto-assets, systematic monitoring of crypto transactions, and other procedures aimed at controlling the circulation of cryptocurrency in the market.
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Key elements of AML screening
- Identification — establishing a person’s identity by obtaining identification data.
- Verification — verification of the accuracy of the obtained data and confirmation of their принадлежность to the relevant person.
- Risk assessment (risk-based approach) — analysis of risks related to the client, transactions, and jurisdiction.
- Verification of sources of funds (source of funds / source of wealth) — checking the legality of the origin of assets.
- Transaction monitoring — continuous tracking of financial operations to detect suspicious or atypical activity.
Financial transactions subject to AML screening
- threshold transactions;
- suspicious transactions;
- cross-border transfers;
- transactions involving large amounts;
- transactions associated with high-risk countries or sectors.
Liability for non-compliance with AML requirements
For violations of AML legislation, administrative, criminal, and regulatory liability is предусмотрена, including:
- financial penalties;
- license revocation;
- termination of activities;
- company liquidation;
- liability of officers and executives.
How we help
The law firm “Prikhodko & Partners” provides comprehensive legal support in the field of AML/CFT and financial monitoring in accordance with the requirements of Ukrainian legislation, European Union regulations, and international standards (FATF, EU AML Directives, international compliance practices), including:
- implementation of AML procedures in accordance with Ukrainian, European, and international regulation;
- development of internal AML/CFT policies and compliance documentation;
- conducting AML audits and legal compliance assessments;
- legal adaptation of AML processes to regulatory requirements of different jurisdictions;
- support in interaction with national and international regulators;
- preparation for inspections by the NBU, the State Financial Monitoring Service, and other regulatory authorities.
If you aim to minimize legal, financial, and reputational risks and ensure proper compliance with AML/CFT and financial monitoring requirements, contact “Prikhodko & Partners” — and we will provide professional legal support at every stage.
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1 question
Do you conduct cross-border financial transactions or international transfers?
2 question
Do you have transactions associated with increased jurisdictional, sectoral or activity risk?
3 question
Have you previously been subject to audits by regulatory authorities in the field of financial monitoring?
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