EGMONT GROUP OF FINANCIAL INTELLIGENCE UNITS

OPERATIONAL GUIDANCE FOR FIU ACTIVITIES AND

THE EXCHANGE OF INFORMATION

Approved by the Egmont Group Heads of Financial Intelligence Units July

2013, revised February 2017
Table of Contents
A. Introduction ........................................................................................................................................................ 3

B. General framework ............................................................................................................................................. 4

C. Egmont operational guidance ............................................................................................................................. 4

GUIDANCE FOR INTERNATIONAL CO-OPERATION AND INFORMATION EXCHANGE .......................................... 4

Channels for information exchange ................................................................................................................ 4

Memoranda of Understanding between FIUs ................................................................................................ 5
Guidance for FIUs making requests ................................................................................................................ 5
Guidance for FIUs receiving requests ............................................................................................................. 7
Networking and multilateral co-operation ..................................................................................................... 8
Reciprocity ...................................................................................................................................................... 8
Diagonal co-operation..................................................................................................................................... 9

GUIDANCE FOR OTHER FIU ACTIVITIES ............................................................................................................... 9

Enhancing Information Exchange on Terrorism Financing Issues................................................................... 9

Receipt function ............................................................................................................................................ 10
Analysis function ........................................................................................................................................... 11
Types of analysis ........................................................................................................................................... 11
Collection, evaluation, verification and collation of information and analysis ............................................ 13
Power to obtain information from reporting entities .................................................................................. 14
Power to access information from other sources ........................................................................................ 16

Table of Amendments ........................................................................................................................................... 19

Annex A: Sample query form ................................................................................................................................ 26

Annex B: Sample Spontaneous Disclosure cover letter ........................................................................................ 29

Annex C: Promoting the role of FIUs in national counter - terrorism apparatus ................................................. 30
 EGMONT GROUP OF FINANCIAL INTELLIGENCE UNITS
OPERATIONAL GUIDANCE FOR FIU ACTIVITIES AND THE
EXCHANGE OF INFORMATION

Keeping in mind the diversity of the Egmont Group membership, this document has been created to
provide guidance to Financial Intelligence Units (FIUs) in relation to international co-operation,
information exchange and other FIU activities. It provides a framework to which the Egmont
Group membership, as a whole, can aspire. FIUs are strongly encouraged to implement these
guidelines to the greatest extent possible.

A. Introduction
1) The Egmont Group of Financial Intelligence Units Charter and the Principles for Information
Exchange between Financial Intelligence Units are obligatory documents and their elements
are subject to the Support and Compliance Process. The Operational Guidance for FIU
Activities and the Exchange of Information can assist FIUs to become more effective and
efficient; however, its elements are not subject to the Support and Compliance Process.

2) Member FIUs have identified a need to maximize/optimize information exchange and

effective/efficient co-operation among and between FIUs.

3) As such, FIUs are encouraged to ensure that national legal standards do not inhibit the
exchange of information between or among FIUs. In this essence, the Egmont Group
membership affirms accession to the standards set out in the Financial Action Task Force
(FATF) Recommendations and associating Interpretative Notes on Financial Intelligence Units
(Recommendation 29) and Other Forms of International Co-operation (Recommendation 40).
Members are responsible to familiarize themselves with these requirements as they have not
been reiterated in this document. Where the language of FATF Recommendations 29 and 40
have been reiterated in this document, it is footnoted.
B. General framework
4) This document is expected to evolve and strengthen over time as the Egmont Group identifies
better practices and applications that assist Egmont members.

5) As such, additional operational guidance may result from studies and projects created by
Egmont Working Groups. Although not required, member FIUs should endeavour to use these
results to inform their practices when engaging in international co-operation and information
exchange.

C. Egmont operational guidance

GUIDANCE FOR INTERNATIONAL CO-OPERATION AND INFORMATION EXCHANGE

6) Irrespective of differences in the definition of the predicate offences, FIUs should strive for the
free exchange of information between FIUs.

7) FIUs are encouraged to discover alternative means to co-operate when confronted with
obstacles.

8) The Egmont Group encourages the broadest information exchange and does not limit this to
Egmont Group members exclusively. However, it is within the rights of every FIU to decide
only to exchange information with Egmont Group members.

Channels for information exchange

9) FIUs are encouraged to have procedures in place to ensure that the connection to Egmont
Secure Web (ESW) is adequately maintained and that it is accessed on a regular and consistent
basis to ensure the timely receipt of requests for information. Ideally, FIUs should check the
ESW daily, especially to ensure urgent requests are suitably addressed. The same
recommendations apply for FIUs using other secure channels to exchange information.
Memoranda of Understanding between FIUs

10) Whenever possible, exchanges of information should take place without the need for a
Memorandum of Understanding (MOU).

11) In cases where FIUs are required by domestic legislation to enter into MOUs in order to
exchange information, consider:

 not imposing undue impediments or limitations on the exchange of information; and

 making all efforts to enter into such MOUs before co-operation is requested by foreign
counterpart FIUs.

12) FIUs that do not require an MOU to share information should make their best efforts to co-
operate by establishing MOUs with those FIUS that do require MOUs to share information.

13) FIUs that receive requests to enter into MOUs should consider prioritizing requests that come
from FIUs that require MOUs by law.

14) Ideally, the FIU making the requesting should send a letter of interest, the text of the proposed
MOU, and the relevant domestic legislation to their foreign counterpart FIU. The FIU receiving
the request should endeavour to respond within a reasonable period of time, indicating
proposed revisions to the draft MOU and enclosing relevant domestic provisions. Once an
agreed MOU has been reached, the parties should arrange the means for signing the
memorandum.

15) The Egmont Group provides a model MOU which FIUs are free to use in negotiations.

Guidance for FIUs making requests

16) FIUs should endeavour to co-operate with foreign counterpart FIUs as soon as the assistance
required is identified.

17) If necessary, the FIU making the request can identify a deadline or an urgent request, including
justification. This will allow the FIU receiving the request to accurately prioritize the request.
Where a request is only deemed partially urgent, the relevant urgent sections should be clearly
 identified. FIUs should refrain from arbitrary use of this terminology. Requests designated as
urgent should remain the exception rather than the rule.

18) Where appropriate, especially in the case of urgent requests, and to speed up proceedings, the
requesting FIU may ask for prior consent for further use of the information to be granted
directly, together with the reply itself. In such cases, the FIU making the request is required to
give all details necessary for the FIU receiving the request to determine whether prior consent
can be granted (for example, purpose of the request, institution, to whom the information will
be disclosed and for what reason).

19) FIUs requesting information are encouraged to disclose all information needed so the FIU
receiving the request can properly process the request. This information ideally includes:

 the reason for the request;

 a description of the suspicious activities under analysis is and the grounds for suspicion;

 details of the persons or companies involved (name and date of birth for individuals;
name and registered office for companies) as well as the transactions and the accounts
used.

 the information requested and the purpose for which it will be used, including, if
foreseen, further dissemination;

 whether the request for information is based on reports or information received or is on

behalf of another authority. If the request is on behalf of another domestic agency, that
agency should be clearly identified along with the expected use of the information;

 whether the FIU receiving the request is authorized to disclose the request, in full or in
part, to third parties, if such disclosure is required to obtain the requested information;

 signature from authorizing official;

 range of period to be analyzed; and

 any need for urgency.

20) FIUs are encouraged to use the Egmont Request for FIU Information form and cover letter.
Templates can be found in Annex A and B.
Guidance for FIUs receiving requests

21) All incoming requests for information should be answered as soon as possible, whether
positive or negative. Ideally, acknowledgement of receipt should include a case reference
number, the case number of the FIU making the request, and contact details of the analyst
responsible for responding to the FIU making the request. The turnaround time of each request
may differ, depending on the nature of the request. While acknowledging the need for
flexibility, the following turnaround times are provided as a guide:

 Responses: As deemed appropriate and timely, consistent with the urgency of the request,
or within one month if possible. Additional time is reasonable if there is need to query
external databases or third parties. Ideally, negative responses are provided as soon as
possible.

 Feedback: As deemed appropriate and upon request1.

22) FIUs should consider prioritizing urgent requests, and liaise with the FIU making the request if
there are any concerns about the classification of the request. Ideally, foreign counterpart FIU
requests for information should be processed in the same timely manner as domestic request
for information.

23) Where the FIU receiving the request needs to query external databases or third parties, they
should consider informing the FIU making the request that such information is not directly
available and that external sources are being consulted. If a long wait time is anticipated, the
FIU receiving the request should consider providing the requesting FIU with the information
readily available and identifying when they expect to be able to more fully reply.

24) Further, when FIUs need to approach third parties (for example, designated non- financial
businesses and professions) to obtain requested information, the FIU receiving the request is
encouraged to discuss this with the FIU making the request, to ensure that approaching third
parties would not adversely affect their actions or inquiries/investigations.

25) FIUs should consider establishing mechanisms to monitor request -related information,
enabling them to detect new information they receive that is related to previously received
requests (information regarding transactions, Suspicious Transactions Report (STRs), other
disclosures etc.). This would enable FIUs to inform former requestors of new and relevant
material related to their prior request.

1
FATF Recommendation 40, Interpretive Note paragraph 8.
 26) The FIU receiving the request should identify if they want feedback on the usefulness of the
information provided. When the FIU making the request is not able to provide such feedback, it
should reply stating the reasons why the requested feedback cannot be provided.

27) Regarding quality of exchanged information, FIUs should consider the following elements:

• timeliness - timely assistance to the requesting FIU;

• coverage - the extent to which a response has covered the query;

• detail - the level of detail provided; and

• relevance - the added value provided relevant to the objective of the query.

FIUs are encouraged to communicate with one another, taking into consideration timeliness,
coverage, detail and relevance of provided information.

Networking and multilateral co-operation

28) While in the midst of bilateral exchanges, FIUs may identify links or connections to additional
countries. In such cases, the FIUs, upon consent, are encouraged to broaden the co-operation to
include other relevant FIUs.

29) While acknowledging the prior consent rule, FIUs are encouraged to broaden co-operation
when there are clear links to all countries involved.

Reciprocity

30) Differences in the available information or powers to access information for domestic analysis
(which in turn depend upon differences in the analysis function carried out by FIUs) do not
affect the condition of reciprocity per se.

31) Counterparts should be able to provide financial, administrative and law enforcement
information and make use of the powers available for domestic analysis in order to obtain the
requested information. FIUs involved in the exchange do not need to have access to, and the
capacity to exchange, the same information.
Diagonal co-operation

32) The Egmont Group acknowledges that, under an FIU’s national law, the FIU retains discretion
on whether or not to engage in diagonal co-operation.

33) FIUs that decide to engage in diagonal co-operation with non-counterparts should consider
using the FIU-to-FIU channel to ensure maximum protection and integrity of the STR
information exchange. In such cases FIUs should consider the following process:

 When an FIU receives a request for STR information on behalf of a foreign non-
counterpart, the response (which remains discretional) should be sent to the counterpart
FIU of the interested country to forward the information to the final recipient.

 When an FIU wishes to request information which is needed for analysis from a foreign
non-counterpart, it should approach the FIU of the interested country explaining the case,
seeking direction on which authority should be approached, and asking that the request be
forwarded to that authority.

 The ESW or other recognized FIU-to-FIU channels should be used to exchange STR
information.

34) However, in cases where FIUs, based on domestic legislation, are required or empowered to
follow a different pattern of international co-operation, it is recommended that the FIU of the
country where the non-FIU counterpart is located be informed about the request being filed or
the information being provided.

35) It is recommended that foreign authorities inform the FIU receiving the request of the purpose
of the request and expected use of the information. Any further use or dissemination should be
specifically authorized by the FIU receiving the request.

GUIDANCE FOR OTHER FIU ACTIVITIES

Enhancing Information Exchange on Terrorism Financing Issues

36) FIUs should adopt and implement, to the greatest extent possible, initiatives to enhance
information exchange related to terrorism financing issues in order to address key barriers
identified by Egmont Group members, such as:
  Promoting the role of FIUs in the national counter-terrorism apparatus;

 Improving the quality of STRs;

 Overcoming barriers to sharing for intelligence purposes.

Examples of initiatives are attached as Annex C.

Receipt function

37) In addition to STRs, FIUs may receive objective or threshold-based disclosures from reporting
entities that relate to money laundering or the financing of terrorism. The scope and
implementation of these reporting obligations will vary from one country to another based on
national systems and obligations.

38) Examples of such disclosures that FIUs receive and use in their analytical work include:

 Reports of physical cross-border transportation of cash, bearer instruments or means of

payment.

 Reports of transactions and payments in cash or bearer instruments, domestic or

international.

 Reports on foreign currency transactions, domestic or international.

 Reports on wire transfers, domestic or international.

 Reports on complex, unusual large transactions.

 Reports on accounts held abroad by nationals or residents.

 Reports on the application of targeted financial sanctions.

39) When providing feedback to reporting entities on the effectiveness of the information received,
or on the outcome and follow-up of the analysis conducted, FIUs can consider providing
feedback as deemed feasible and include information on trends and patterns if useful. FIUs are
encouraged to be mindful of judicial secrecy and presumption of innocence.
Analysis function

40) Based upon all the information available through STRs and other disclosures received, FIUs
should seek to identify potential cases of money laundering or the financing of terrorism. The
suspicion is higher if additional information compounds issues such as the complexity,
strangeness or lack of legitimate rationale. The suspicion is lower if additional information
points to legitimate rationale. Additional information can be obtained from the FIU’s own
databases or from external information sources. Cases or reports can then be graded as high
priority (requiring full analysis and dissemination), medium priority (requiring ongoing
analysis, more information) or low priority (requiring no immediate action).

41) Depending on the nature and the number of the STRs received, FIUs may perform analysis on
individual STRs or bulk analysis using information technology (IT) tools. The number of STRs
received by the FIU may result in a need to identify high priority STRs to be addressed rapidly,
and low priority STRs to be addressed later.

Types of analysis

42) Operational analysis aims to identify specific targets (persons, assets, criminal networks etc.),
possible proceeds of crime and the links between them2. FIUs are highly encouraged to use
effective IT tools to achieve the maximum advantage in analysis. Some components of
operational analysis include:

 matching with predefined lists;

 identifying all reports that pertain to the same entity, on the basis of various user defined
attributes, such as first name, second name, date of birth, public identification (passport
number etc.), and address components;

 capturing all possible relationships, across multiple entities by comparing attributes such
as surnames, phone numbers, addresses; and

 analyzing relationships to form clusters of closely linked entities for various degrees of
separation.

43) Strategic analysis aims to decipher the underlying patterns and trends that would enable an FIU
to draw conclusions for the strategic prevention of money laundering and the financing of
terrorism, and to provide input for policy formulation and for setting operational priorities. In

2
FATF Recommendation 29, Interpretive Note paragraph 3.
 an FIU context, this implies developing knowledge (strategic intelligence) as it relates to
money laundering, the financing of terrorism and other threats to the security of a country’s
financial systems. Some components of strategic analysis include:

 examining data for patterns and similar concepts;

 developing a working hypothesis that addresses the “who”, “what”, “when”, “where”,
“how”, and “why” of the activity;

 collecting, evaluating and collating further information as required;

 identifying connections or links between pieces of information, also used to support an

inference;

 developing inferences (an inference is the best estimate of the truth that can be drawn
from facts, opinions or other inferences); and

 constructing the argument, that is the logical flow of elements leading to the inference.

The sophistication of strategic analysis may vary based on the capacity and resources of the FIU.
Product ranges of strategic analysis may include:

 Typologies and trends — this is a systematic classification of a number of schemes that

appear to be constructed in a similar fashion. These are built on a series of indicators that
show how money was laundered, which in turn increases general understanding of an
issue or method of money laundering or the financing of terrorism. When a typology
occurs for any given event over a period of time, this can be classed as a trend. Changes
in crime types or the way in which money is moved are examples of trends.

 Patterns — this is a recurring characteristic or trait that helps in the identification of a

phenomenon/problem and that serves as an indicator or model for predicting future
behaviour.

 Synthesis - This includes identifying connections that identify break-through ideas and
opportunities in the detection of money laundering or the financing of terrorism.

 Geographical/regional analysis – This shows the area of influence or location of the

phenomenon.

 Behavioural analysis - This shows the type of operations, institutions and products used
by the group.

 Activity analysis - This focuses on identifying weaknesses of an economic sector or

activity.

 Advanced intelligence products - These may include vulnerability assessments, risk

assessments and significant event assessments.
Collection, evaluation, verification and collation of information and analysis

44) Analysis can be considered to be the conversion of information that has been collected,
evaluated and collated into intelligence through the integration and interpretation of all data
collected. Having reliable, accurate and timely information (often from diverse sources) is
useful to perform both operational and strategic analysis. Starting with the information
available from STRs and other disclosures received, the analyst can search the FIU database,
and expand the search to other domestic sources and foreign partners. The search of domestic
and foreign sources of information can include both closed (accessible to those with authority
to access the information) and open (accessible to the general public) sources. FIUs are
encouraged to have a policy about accessing websites to ensure that searches are not easily
traceable.

45) The collection of information should ideally be planned, orderly and systematic, reducing the
need for the analyst to be repetitive when searching for information, and ensuring conclusions
are based on sound foundation. It is important to analyze the information source for reliability
and validity. Data diagnostic involves evaluating data for its quality by evaluating its
credibility (source), relevance (to the goal of the analysis), accuracy (for analysis to be reliable)
and process to translate data into information.

46) After collecting all relevant information, it should ideally be collated to ensure that important
information is not misplaced, misdirected or lost. Collation can be designed to effectively
manage the information so as to maximize its usefulness. A good collation system will assist
the analyst to: identify relationships between individuals and/or companies; determine
significant events; identify patterns of activity; uncover information gaps; and clarify the
significance of data collected. The source of information can be coded for easy retrieval later.
IT tools can be used to collate large quantities of data. When it is necessary to work on smaller
data sets out of a large volume of data, sampling, data grouping and sorting can be used, all of
which can be performed through commercially available application software.

47) The relevant data, whether collected or already available in the FIU’s databases, can be
matched and linked to identify relationships. In operational analysis, where the emphasis is on
case formation, it is important to match and link all relevant information, in order to have as
complete a view of the case as possible. However, linking different reports for the same entity
 or establishing relationships among different entities may pose a challenge due to factors such
as variations in different attributes of the same entity (first name, surname, address etc.). Once
all of the data is collected, evaluated and collated, it may be reviewed to ensure that all
requisite information is available for analysis.

Power to obtain information from reporting entities

48) FIUs should be able to obtain and use additional information from reporting entities as needed
to perform its analysis function3. The use of this power and its extent, including the range of
the reporting entities from which the information should be obtained, is dependent on
analytical needs. Relevant elements in this respect include:

 the features of the analytical tasks assigned to the FIU in that particular country;

 the information already available to the FIU as a consequence of the disclosures received
under the receipt function (in principle, the wider this initial information, the less likely
the need to obtain additional information from reporting entities subsequently); and

 the information available to the FIU via other sources.

49) Examples of the types of information that FIUs can obtain from reporting entities, depending
on their analytical needs, include but are not limited4 to the following:

Source of information Types of information

Identification data of natural person:

a. Name and other identification data of the natural persons5

Identification data of legal person or legal arrangements:

Reporting entities
a. Name, legal form and proof of existence (e.g. certificate of incorporation, a
certificate of good standing, a partnership agreement, a deed of trust)

b. The powers that regulate and bind the legal person or arrangement (e.g. the
memorandum and articles of association of a company); the names of the

3
FATF Recommendation 29, Interpretive Note section C (a) 5
4
Any other information gathered in the Customer Due Diligence (CDD) process, consistent with the risk circumstances
and the type of CDD measures applied
5
E.g. data on the customer or the authorized person contained in the passport, identity card, driving license or other
similar documents; date and place of birth; address information, etc.
relevant persons having a senior management position in the legal person or
arrangement (e.g. senior managing directors in a company, trustee(s) of a trust).

c. The address of the registered office, and, if different, a principal place of

business.

Identification data of beneficial owner of the legal person or legal arrangements:

a. Identity of the natural persons who ultimately have a controlling ownership

interest.

b. Identity of the natural persons exercising control of the legal person or

arrangement through other means.

c. Identity of the relevant natural person who holds the position of senior
managing official.

d. For Trusts – the identity of the settlor, the trustee(s), the protector (if any), the
beneficiaries or class of beneficiaries, and any other natural person exercising
ultimate effective control over the trust (including through a chain of control/
ownership)

e. Other types of legal arrangements – the identity of persons in equivalent or

similar positions.

Identification data of beneficiary of life insurance policies:

Name of the person, for beneficiary(ies) of life insurance, that are identified as
specifically named natural or legal persons or legal arrangements

Sufficient information concerning the beneficiary - for beneficiary(ies) of life

insurance that are designated by characteristics or by class (e.g. spouse or
children at the time that the insured event occurs) or by other means (e.g. under
a will)

Other information on trustees:

Basic information on other regulated agents of, and service providers to, the
trust, including investment advisors or managers, accountants, and tax advisors.

The assets of the trust to be held or managed under the terms of the business
relationship.

The residence of the trustee.

 The purpose and intended nature of the business relationship.

Identification of person purporting to act on behalf of the customer and his

authorities.

The source of wealth and source of funds of PEP and the family members.

Wire transfer originator information:

a. the name of the originator;

b. the originator account number, or unique transaction reference number;

c. originator’s address, or national identity number, or customer identification

number, or date and place of birth.

Wire transfer beneficiary information:

a. the name of the beneficiary;

b. the beneficiary account number or a unique transaction reference number.

Bank account information

Business correspondence

Findings of analysis on customer/transaction6

Power to access information from other sources

50) Examples of types of information that FIUs may obtain from other sources directly, through
requests or direct access to the relevant databases, or indirectly, through another authority or
entity holding the information. In any case, it is important that the access be prompt,
confidential and secure. Depending on the FIU’s analytical needs, these include but are not
limited7 to the following types of information, where applicable:

6
E.g. inquiries to establish the background and purpose of complex, unusual large transactions.
7
Any other financial, administrative or law enforcement information required to conduct a case analysis.
 Source of information Types of information

Basic information on legal persons registered in the country:

a. company name, proof of incorporation, legal form and status, the address of
the registered office, basic regulating powers (e.g. memorandum & articles of
association), a list of directors.

b. a register of company’s shareholders or members, containing the names of the

shareholders and members and number of shares held by each shareholder and
Administrative authorities categories of shares (including the nature of the associated voting rights)8.

Physical cross-border transportation of cash:

a. The amount of currency or BNIs declared, disclosed or otherwise detected;

b. Identification data of the bearer.

c. Origin of currency or BNIs and their intended use

Information on money laundering and terrorist financing investigations,

prosecutions and convictions.

Law enforcement records (before court trial)

LEA

Information on property frozen, seized and confiscated

Information on mutual legal assistance

The purpose and objectives of NPOs' stated activities

The identity of the person(s) who own, control or direct NPO's activities,
including senior officers, board members and trustees
NPOs
Annual financial statements

Records of domestic and international transactions

8
May also include information on share warrants and other negotiable securities (IO 5).
 51) Where applicable, examples of information that may be useful to FIUs include:
Source of information Types of information

Natural persons register

Marital status
Administrative authorities
Social security information on physical persons (excluding medical data)

Land and property ownership records, real estate register

Citizenship records

Administrative authorities
Fiscal information (declared income and taxes paid)
/LEAs

Administrative liability measures

Customs records

Export/import of goods

LEA Visa records

Border crossing by physical persons

Vehicle register

Supervisory bodies Organisation’s license and compliance information

Commercial databases LexisNexis, World-Check, etc.

Table of Amendments
Date / reason for update Amendment

37) Examples of such disclosures that FIUs receive and use in their analytical work include:

 Reports of physical cross-border transportation of cash, bearer instruments or means of

payment.
June 2015.
 Reports of transactions and payments in cash or bearer instruments, domestic or
As a result of the OpWG FIU Powers international.
to Access, Obtain and Exchange  Reports on foreign currency transactions, domestic or international.
Information  Reports on wire transfers, domestic or international.
 Reports on complex, unusual large transactions.
 Reports on accounts held abroad by nationals or residents.
 Reports on the application of targeted financial sanctions.

48) Examples of the types of information that FIUs could be able to obtain from reporting entities,
June 2015. depending on their analytical needs, include but are not limited9 to the following:
Source of information Types of information
As a result of the OpWG FIU Powers
to Access, Obtain and Exchange Reporting entities Identification data of natural person:
Information
a. Name and other identification data of the natural persons10

9
Any other information gathered in the Customer Due Diligence (CDD) process, consistent with the risk circumstances and the type of CDD measures applied
10
E.g. data on the customer or the authorized person contained in the passport, identity card, driving license or other similar documents; date and place of
birth; address information, etc.
Identification data of legal person or legal arrangements:

a. Name, legal form and proof of existence (e.g. certificate of

incorporation, a certificate of good standing, a partnership agreement, a
deed of trust)

b. The powers that regulate and bind the legal person or arrangement (e.g.
the memorandum and articles of association of a company); the names of
the relevant persons having a senior management position in the legal
person or arrangement (e.g. senior managing directors in a company,
trustee(s) of a trust).

c. The address of the registered office, and, if different, a principal place of

business.

Identification data of beneficial owner of the legal person or legal

arrangements:

a. Identity of the natural persons who ultimately have a controlling

ownership interest.

b. Identity of the natural persons exercising control of the legal person or

arrangement through other means.

c. Identity of the relevant natural person who holds the position of senior
managing official.

d. For Trusts – the identity of the settlor, the trustee(s), the protector (if
any), the beneficiaries or class of beneficiaries, and any other natural
person exercising ultimate effective control over the trust (including
through a chain of control/ ownership)

e. Other types of legal arrangements – the identity of persons in equivalent

or similar positions.

Identification data of beneficiary of life insurance policies:

Name of the person, for beneficiary(ies) of life insurance, that are

identified as specifically named natural or legal persons or legal
arrangements

Sufficient information concerning the beneficiary - for beneficiary(ies) of

life insurance that are designated by characteristics or by class (e.g.
spouse or children at the time that the insured event occurs) or by other
means (e.g. under a will)

Other information on trustees:

Basic information on other regulated agents of, and service providers to,
the trust, including investment advisors or managers, accountants, and tax
advisors.

The assets of the trust to be held or managed under the terms of the
business relationship.

The residence of the trustee.

The purpose and intended nature of the business relationship.

Identification of person purporting to act on behalf of the customer and his

authorities.

The source of wealth and source of funds of PEP and the family members.

Wire transfer originator information:

 a. the name of the originator;

b. the originator account number, or unique transaction reference number;

c. originator’s address, or national identity number, or customer

identification number, or date and place of birth.

Wire transfer beneficiary information:

a. the name of the beneficiary;

b. the beneficiary account number or a unique transaction reference

number.

Bank account information

Business correspondence

Findings of analysis on customer/transaction11

Power to access information from other sources

June 2015. 49) Examples of types of information that FIUs may obtain from other sources directly, through
requests or direct access to the relevant databases, or indirectly, through another authority or
entity holding the information. In any case, it is important that the access be prompt,
As a result of the OpWG FIU Powers
confidential and secure. Depending on the FIU’s analytical needs, these include but are not
to Access, Obtain and Exchange limited12 to the following types of information, where applicable:
Information Source of information Types of information

Administrative Basic information on legal persons registered in the country:

11
E.g. inquiries to establish the background and purpose of complex, unusual large transactions.
12
Any other financial, administrative or law enforcement information required to conduct a case analysis
 authorities
a. company name, proof of incorporation, legal form and status, the
address of the registered office, basic regulating powers (e.g. memorandum
& articles of association), a list of directors.

b. a register of company’s shareholders or members, containing the names

of the shareholders and members and number of shares held by each
shareholder and categories of shares (including the nature of the
associated voting rights)13.

Physical cross-border transportation of cash:

a. The amount of currency or BNIs declared, disclosed or otherwise

detected;

b. Identification data of the bearer.

c. Origin of currency or BNIs and their intended use

Information on money laundering and terrorist financing investigations,

prosecutions and convictions.

Law enforcement records (before court trial)

LEA

Information on property frozen, seized and confiscated

Information on mutual legal assistance

The purpose and objectives of NPOs' stated activities

NPOs
The identity of the person(s) who own, control or direct NPO's activities,

13
May also include information on share warrants and other negotiable securities (IO 5).
 including senior officers, board members and trustees

Annual financial statements

Records of domestic and international transactions

June 2015. 50) Where applicable, examples of information that may be useful to FIUs include:
Source of information Types of information
As a result of the OpWG FIU Powers
to Access, Obtain and Exchange Natural persons register

Information
Marital status
Administrative
authorities
Social security information on physical persons (excluding medical data)

Land and property ownership records, real estate register

Citizenship records

Administrative
Fiscal information (declared income and taxes paid)
authorities /LEAs

Administrative liability measures

Customs records

Export/import of goods

LEA Visa records

Border crossing by physical persons`

Vehicle register
 Supervisory bodies Organisation’s license and compliance information

Commercial databases LexisNexis, World-Check, etc.

February 2017 Enhancing Information Exchange on Terrorism Financing Issues

As a result of the ISIL Project 36) FIUs should adopt and implement, to the greatest extent possible, initiatives to
enhance information exchange related to terrorism financing issues in order to
Phase I address key barriers identified by Egmont Group members, such as:

 Promoting the role of FIUs in the national counter-terrorism apparatus;

 Improving the quality of STRs;

 Overcoming barriers to sharing for intelligence purposes.

Examples of initiatives are attached as Annex C.

The following forms are sample templates that are meant to be illustrative.

Annex A: Sample query form

The Egmont Group of Financial Intelligence Units

Request for FIU information

I. REQUESTOR REPRESENTATIONS

By using this form, the agency making the request agrees that upon receipt of information provided by the disclosing
FIU that it will:
 maintain the confidentiality of any and all information provided to it by the disclosing FIU;
 not disclose the information outside of its agency without the prior written permission of the disclosing
FIU; and
 limit the use of the information for the purpose(s) stated on this form.

II. REQUESTOR INFORMATION (all fields are mandatory)

Agency making the request:
Country/territory:
Case No:
Date query submitted:
Routine or urgent query:
If urgent, please indicate
desired response date and
reason for urgency:
Contact name & title:
Telephone & fax:
Email:
Signature:

Authorizing official :
Position:
Telephone & fax:
Date:
Signature:

Agency receiving the

request:
III. SUBJECT INFORMATION REQUESTED (attach additional sheets as necessary)

Subject Identification and Financial Information

Name (surname, given, middle): ,
Alias(es):
Sex (m/f):
DOB (yyyy/mm/dd):

Apt. or Suite Number & Street

Address (1): No.

City Province/State Country/Territory

Apt. or Suite Number & Street

Address (2): No.

City Province/State Country/Territory

Phone No(s): (1) (2)
Passport No.: Issuing Jurisdiction:
Other ID No: Issuing Jurisdiction:
Professional Activity:
Relationship to Investigation:

Place of Birth:
City Province/State Country/Territory
Nationality:
Bank Account No(s):
Bank Name:

Apt. or Suite Number & Street

Address: No.

City Province/State Country/Territory

Business Identification and Financial Information

Related/associated Business (1):

Apt. or Suite Number & Street

Address: No.

City Province/State Country/Territory

Relationship to Investigation:
Bank Account No(s):
Bank Name:
 Apt. or Suite Number & Street
Address: No.

City Province/State Country/Territory

Related/associated Business (2):

Apt. or Suite Number & Street

Address: No.

City Province/State Country/Territory

Relationship to Investigation:
Bank Account No(s):
Bank Name:

Apt. or Suite Number & Street

Address: No.

City Province/State Country/Territory

IV. NATURE OF THE INVESTIGATION (attach additional sheets as necessary)

1. Describe the case under investigation and state the principal violation(s):
Criminal Civil

2. Describe the link with the country of the disclosing FIU.

3. What information do you need from the disclosing FIU?

4. How and for what purpose(s) will the information requested be used?

5. Are there ongoing formal investigations or judicial proceedings?

6. Do you anticipate asset forfeiture or securement in this case?

7. State the amount and type, or nature, of assets involved in this case.

8. What other agencies or countries are involved in this investigation?

If applicable, number of additional sheets attached:

Annex B: Sample Spontaneous Disclosure cover letter

The Egmont Group of Financial Intelligence Units

Spontaneous Disclosure cover letter

*Please attach this cover letter to the front of the spontaneous disclosure*

I. RECEIVING FIU REPRESENTATIONS

The receiving agency shall agree that upon receipt of information provided by the disclosing FIU, the receiving
agency will:
 maintain the confidentiality of any and all information provided to it by the disclosing FIU;
 not disclose the information outside of its agency without the prior written permission of the disclosing
FIU; and
 limit the use of the information for the purpose(s) stated in this report.

II. DISCLOSING FIU INFORMATION (all fields are mandatory)

Submitting agency :
Country/territory:
Case No:
Disclosure date:
Contact name & title:
Telephone & fax:
E-mail:
Signature:

Authorizing official:
Title:
Telephone & fax:
Date:
Signature:

Receiving agency:

*This report is provided for intelligence purposes only and does not require action on the part of the receiving
agency
Annex C: Promoting the role of FIUs in national counter - terrorism
apparatus

The FIUs involved in the ISIL Project found that information

exchange with intelligence services was crucial to be effective
in performing the functions of an FIU in combating terrorism. A national plan or strategy to combat terrorism
and/or terrorism financing that includes the FIU.
This approach is consistent with the Financial Action Task Force Additionally, FIUs should help drive their national
(FATF) Recommendation 29 Interpretative Note when counter-terrorism financing strategy by having a
addressing ‘access to information’.14 central role in the national risk assessment; and

A legislative mandate for FIUs also provides the basis to counter

the financing of terrorism, including the collection of reporting,
analysis and dissemination of intelligence.

In the context of countering the financing of terrorism (CFT), A multi-agency body which sets operational priorities
FIU relationships with, and access to information from, for CT efforts, where the FIU seconds an officer and/or
intelligence services is complemented by the same engagement is a permanent member of a committee structure.
with law enforcement and other relevant partners.

For FIUs to be an effective part of the national counter-

terrorism (CT) effort the domestic relationships are enhanced
by the FIU being part of a national CT apparatus, including:

14
http://www.fatf-gafi.org/publications/fatfrecommendations/documents/fatf-recommendations.html
 PROMOTING THE ROLE OF FIUs
A legislative framework that incorporates a CTF
mandate for the FIU is the basis of being able to
effectively play a role in the regime.

NATIONAL STRATEGIES
Poland’s National Counter-Terrorist Program (2015-2019) defines strategic, operational and tactical coordination and agency responsibilities
in CT, including priority setting and the sharing of information. FIU Poland (GIFI) is an agency with tactical responsibility for anti-terrorist
protection of the country. This role is supported by the Inter-Ministerial Committee of Financial Security as a consultative and advisory body
to apply special limiting measures against persons, groups and entities to counter terrorist financing.
Japan has Guideline for Promotion of the Criminal Proceeds Control (2007) released by the National Police Agency (which houses FIU Japan –
JAFIC) which prescribes the principles to combat terrorism financing including the role of the FIU to collect, analysis and disseminate
information.
Malaysia’s AML/CFT/APF National Strategic Plan 2015-2020 has embedded plans for periodic sharing of intelligence to assist with targeting
TF and developing TF intelligence.

MULTI-AGENCY BODIES
The Australian Counter-Terrorism Centre (ACTC) is a multi-agency body that facilitates the coordination of operational activity to combat
terrorism. AUSTRAC (FIU Australia) is a member of the body and participates in its subcommittees.
The Macao SAR Government Anti-money Laundering Working Group consists of 15 government agencies, including the Financial Intelligence
Office (GIF). The WG plays an important role of policy making & implementation and coordinating the AML/CFT issues.
In Paraguay, the Secretariat for Prevention and Investigation of Terrorism (SEPRINTE) operates under the National Police to plan, coordinate
and execute all terrorism investigations.
FINTRAC actively participates in the Counter-Terrorism and National Security Committee of the Canadian Association of Chiefs of Police,
which works to strengthen communication, cooperation and coordination on CT operations. This committee consists of nation-wide
representation by law enforcement agencies and partner government agencies that assess and address counter-terrorism and national
security-related issues.
IMPROVING SUSPICIOUS TRANSACTION REPORT (STR) QUALITY

For an FIU to be effective in combatting terrorism

financing, it requires relevant information to Context of reporting has
relevant national TF Risks
produce value-added intelligence for operational
partners to act upon – consistent with FATF Well-timed flow of
Recommendation 29 Interpretative Note and the information to FIUs

FATF methodology for assessing effectiveness under

Immediate Outcome 615.

A key source of information for FIUs is the reporting

entities that provide suspicious transaction
reporting relating to terrorism financing. One way
to assess the quality of STRs is to consider volume,
timeliness and relevance.
Increased amount of
information available to
FIUs can take a number of actions to ensure they
FIUs
have the right information to trigger actionable
intelligence to counter terrorism financing. Diagram
2 outlines relevant aspects to consider.

15
http://www.fatf-gafi.org/publications/fatfrecommendations/documents/fatfissuesnewmechanismtostrengthenmoneylaunderingandterroristfinancingcompliance.html
Diagram 2

IMPROVE STR QUALITY

Share information about Provide training and Use media to promote Ensure STR formats are Ensure STRs capture all
risk and methods with the conduct outreach to broader awareness of consistent to make it easy relevant information,
private sector, focusing on reporting entities, terrorism financing and for reporting entities to which may require
those sectors most at risk. especially sectors or where appropriate, identify possible terrorism legislative amendments,
businesses vulnerable to acknowledge the work of financing including geolocation data
This can include indicators being misused to finance the private sector in and unique identifiers that
of financing and terrorism. reporting relevant Promote electronic can be integrated with law
characteristics of suspicious activity. reporting to further enforcement and
terrorists. ensure consistency as well intelligence services
Engagement can include: as timely receipt and sources of intelligence, for
Engagement can include: Engagement can include: analysis by the FIU. example:
• Public statements
 regular meetings with • Conferences • IP addresses if
key stakeholders • Speeches accounts are accessed
• Public/private online, especially offshore
 managing the sector forums • Working with
relationship through news companies and • telephone
dedicated contacts • Presentations reporters numbers and email
addresses
 Issuing alerts and
advisories
 OVERCOMING BARRIERS TO SHARING FOR INTELLIGENCE
PURPOSES
The FIUs involved in the ISIL Project found that several participating FIUs were unable to share information - either bilaterally or multilaterally –
when there were:

• ongoing investigations,
or
• mutual legal assistance request in-progress.

Such national laws placed undue restrictions on FIU’s ability to share information for intelligence purposes. These limitations restrict information
exchange when it could be most useful: when there is an ongoing law enforcement or prosecutorial focus on a particular subject.

The FATF Standards are clear on international cooperation and unduly restrictive measures, for example as indicated in the Interpretive Note to
Recommendation 40, paragraph 2. FIUs should continue to work with national partners to ensure domestic and multilateral measures do not
impede information sharing for intelligence purposes.

Interpretive Note to FATF Recommendation 40, Paragraph 2

Countries should not prohibit or place unreasonable or unduly restrictive conditions on the provision of exchange of information or
assistance. In particular competent authorities should not refuse a request for assistance on the grounds that:

(a) the request is also considered to involve fiscal matters; and/or

(b) laws require financial institutions or DNFBPs (except where the relevant information that is sought is held in
circumstances where legal privilege or legal professional secrecy applies) to maintain secrecy or confidentiality; and/or
(c) there is an inquiry, investigation or proceeding underway in the requested country, unless the assistance would impede
that inquiry, investigation or proceeding; and/or
(d) the nature or status (civil, administrative, law enforcement, etc.) of the requesting counterpart authority is different from
that of its foreign counterpart.16

16
http://www.fatf-gafi.org/media/fatf/documents/recommendations/pdfs/FATF_Recommendations.pdf