Duties and Responsibilities of an AML & Compliance Officer in relation to the AIFM and the AIF Funds under Management
Perhaps one of the most demanding and high intensity roles in the Finance Sector is that of the Compliance officer and AMLCO.
In the Cyprus Fund Sector, the decision makers have been particularly keen to modernize the local regulatory framework in line with the EU fund regulations. This harmonization process entailed the passing of a number of Laws and Regulations concerning AIFs and AIFMs, then followed by a number of Directives and Guidelines by the competent authority CYSEC.
In the AML sphere, EU member states fully implemented the 4th AML Directive which Cyprus transposed into Cyprus Law by amending the existing AML and terrorist financing Laws. I n spring 2018 the EU Parliament adopted a 5th AML Directive to become effective in early 2020 which Cyprus will without doubt respond to with further amendments to the exiting AML Regulations.
The huge task of ensuring the constant compliance of an AIFM with the various legal and regulatory developments applicable; cultivating a company internal compliance culture; identifying, assessing and understanding an AIFM’s AML and terrorist financing risks, threats and vulnerabilities, is all undertaken by the AML and Compliance Officer.
This programme will examine all these duties and obligations of a Compliance Officer in relation to the AIFM internally and the AIFs under management.
Participants of the programme will attain an understanding of the duties and responsibilities of a Compliance Officer employed by an AIFM.
Through a practical analysis of the AML & other Regulatory Compliance obligations of AIFMs internally, and also in relation to the AIFs they manage participants will learn what actions an AML and Compliance officer needs to take to ensure the compliance of the AIFM with the applicable laws and regulations.
Introduction – An overview of the Legal Framework in relation to Funds in Cyprus.
Part 1 – General AML and Compliance Principles
Part 2 – Duties and Responsibilities of the AML Compliance Officer in relation to the AIFM internally:
The Profile of the AIFM’s AML Compliance Officer. Duties & Responsibilities outline
Assessing and ongoing monitoring of the constant compliance of the AIFM with all applicable regulatory and legislative provisions.
Communication with CYSEC to dissolve issues related to the compliance of the AIFM
Reporting Control Duties of the Compliance Officer in relation to the AIFM and the AIFs under management. drafting, review, observance of deadlines
AML Manual Drafting, Internal and external Reporting Procedures, Guidelines on implementation
Other procedures & manuals: (1) Conflicts of Interest/Personal Transactions, 2. GDPR
Remain updated and implementing Watch lists, Restriction lists, regulatory updates & legal developments
Regulatory Guidance, constant Updating & Training of Personnel
Control of the Portfolio Function and the Risk Management function of the AIFM
Review & Control of Marketing materials and publications
On-boarding of clients – KYC, AML screening, Agreements
Assessment and ongoing Monitoring of Delegated functions
Risk & Compliance Committees
Capital Adequacy control
AIFM Licence: ensuring compliance with the conditions of the licence, obtaining Extensions
Assessing/observing the adequacy and effectiveness of policies and procedures, constant updating & addressing any deficiencies
Part 3 – Special Duties and Responsibilities of the compliance officer in relation to AIF’s under management
Part 4 – Upcoming legal developments in relation to AML. A speculation on what to expect
Through an illustrated presentation a detailed account will be provided along with questions and answers throughout the workshop. Real time examples will be provided, and participants will be actively involved through an exchange of views and personal professional experiences.
This programme may be approved for up to 10 CPD units in AML and Financial Regulation. Eligibility criteria and CPD Units are verified directly by your association, regulator or other bodies which you hold membership.
Professionals requiring CPD units to meet the education requirements for CySEC licence renewal, and/or for maintaining other professional memberships/certifications which accept CPD in AML and Financial Regulation, are advised to consider training subjects in categories that indicate
CPD training in AML and CPD training in Financial Regulation.
The Association of Anti-Money Laundering Specialists (ACAMS) has confirmed that this programme is accredited for 10 CAMS Credits. Participation in this course does not substitute the requirement to earn (12) ACAMS credits through ACAMS produced training for CAMS recertification.
Who Should Attend
This course will be of benefit to AML and Compliance officers employed by AIFMs or internally managed AIFs as well as other AML and compliance officers/experts who wish to get involved with AIFMs and AIFs.
It may also prove particularly useful to other professionals employed in the Fund Sector or seeking to join the Fund Industry such as Fund Managers, Fund Administrators, Depositories/Custodians, Risk Managers or third – party professionals (such as Lawyers, Accountants and Fiduciary Service Providers), who will gain a general understanding of the AML & Regulatory Compliance obligations of AIFMs internally and also in relation to the AIFs they manage.