FATF 40 Recommendations
FATF Section D: Preventive Measures (R.9-23)

FATF 40 Recommendations FATF-R.20_21_22_23: Reporting of Suspicious Transactions + Tipping-Off + DNFBPs (FATF R.20, R.21, R.22, R.23)

Recommendation 20 (Reporting of Suspicious Transactions): if a financial institution suspects or has reasonable grounds to suspect that funds are the proceeds of a criminal activity or are related to terrorist financing, it should be required by law to REPORT PROMPTLY its suspicions to the Financial Intelligence Unit (FIU) - the Suspicious Transaction Report (STR). Recommendation 21 (Tipping-Off + Confidentiality): financial institutions + their directors + officers + employees should be: (a) PROTECTED BY LAW from criminal + civil liability for disclosure if they report their suspicions in good faith to the FIU even if they did not know precisely what the underlying criminal activity was - the 'safe harbour' rule; (b) PROHIBITED BY LAW from disclosing ('tipping-off') the fact that an STR or related information is being filed with the FIU. Recommendation 22 (DNFBPs - Designated Non-Financial Businesses and Professions - Customer Due Diligence): the CDD + record-keeping requirements set out in Recommendations 10-11 + 12-13 + 15-17 apply to DNFBPs including casinos + real estate agents + dealers in precious metals or stones + lawyers + notaries + other independent legal professionals + accountants + trust + company service providers (TCSPs). Recommendation 23 (DNFBPs - Other Measures): the requirements in R.18-21 apply to DNFBPs including STR filing + tipping-off prohibition + internal controls + reliance on third parties.

Other controls in FATF Section D: Preventive Measures (R.9-23)

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