1. Introduction
1.1. Purpose
Article 44.11 of the Cabinet Decision No. (10) of 2019 Concerning the Implementing Regulation of Decree Law No. (20) of 2018 on Anti-Money Laundering and Combating the Financing of Terrorism and Illegal Organisations, as amended, charges Supervisory Authorities with “providing Financial Institutions…with guidelines and feedback to enhance the effectiveness of implementation of the Crime-combatting measures.”
The purpose of this Guidance is to assist the understanding, and effective performance by the United Arab Emirates Central Bank’s (“CBUAE”) licensed insurers, agents, and brokers of their statutory obligations under the legal and regulatory framework in force in the UAE. It should be read in conjunction with the CBUAE’s Procedures for Anti-Money Laundering and Combating the Financing of Terrorism and Illicit Organizations (issued by Notice No. 74/2019 dated 19/06/2019) and Guidelines on Anti-Money Laundering and Combating the Financing of Terrorism and Illicit Organizations for Financial Institutions (issued by Notice 79/2019 dated 27/06/2019) and any amendments or updates thereof.1 As such, while this Guidance neither constitutes additional legislation or regulation nor replaces or supersedes any legal or regulatory requirements or statutory obligations, it sets out the expectations of the CBUAE for licensed insurers, agents, and brokers to be able to demonstrate compliance with these requirements. In the event of a discrepancy between this Guidance and the legal or regulatory frameworks currently in force, the latter will prevail. This Guidance may be supplemented with additional separate guidance materials, such as outreach sessions and thematic reviews conducted by the Central Bank.
Furthermore, this Guidance takes into account standards and guidance issued by the Financial Action Task Force (“FATF”), industry best practices, and red flag indicators identified by the FATF and leading jurisdictional authorities. These are not exhaustive and do not set limitations on the measures to be taken by licensed insurers, agents, and brokers in order to meet their statutory obligations under the legal and regulatory framework currently in force. As such, licensed insurers, agents, and brokers should perform their own assessments of the manner in which they should meet their statutory obligations.
This Guidance comes into effect immediately upon its issuance by the CBUAE with licensed insurers, agents, and brokers expected to demonstrate compliance with its requirements within one month from its coming into effect.
1 Available at: https://www.centralbank.ae/en/cbuae-amlcft.
1.2. Applicability
Unless otherwise noted, this Guidance applies to all insurance and re-insurance companies, agents, and brokers that are licensed and supervised by the CBUAE.
1.3. Legal Basis
This Guidance builds upon the provisions of the following AML/CFT related laws and regulations:
• Federal Decree-Law No. (20) of 2018 on Anti-Money Laundering (“AML”) and Combating the Financing of Terrorism (“CFT”) and Financing Illegal Organisations as amended by Federal Decree Law No. (26) of 2021 (‘AML-CFT Law”); • Cabinet Decision No. (10) of 2019 Concerning the Implementing Regulation for Federal Decree-Law No. (20) of 2018 on AML and CFT and Financing of Illegal Organisations, as amended by Cabinet Decision No. (24) of 2022 (“AML-CFT Decision”); • Insurance Authority’s Board of Directors’ Decision No. (19) of 2020 Concerning the Guidance Manual for Insurance Companies and Related Professions to Submitting the Data, Information, & Supervisory Reports. 1.4. Acronyms
Terms Description AML Anti-money laundering CBUAE Central Bank of the United Arab Emirates CDD Customer due diligence CFT Combating the financing of terrorism DNFBP Designated non-financial business or profession EDD Enhanced due diligence FATF Financial Action Task Force FFR Fund Freeze Report FIU Financial intelligence unit LFI Licensed financial institution ML Money laundering PEP Politically exposed person PNMR Partial Name Match Report SAR Suspicious activity report SDD Simplified due diligence STR Suspicious transaction report TF Terrorist financing UN United Nations UNSC United Nations Security Council UNSCR UN Security Council Resolution