AML/CFT supervision of designated non-financial service providers and other service providers

The CBA is responsible for the supervision of designated non-financial service providers (including lawyers, civil notaries, tax advisors, accountants, jewelers, high value dealers, casinos) and other  service providers (including  investment brokers, factoring and leasing companies) . These supervised entities must comply with the AML/CFT requirements of the State Ordinance on the Prevention and Combating Money Laundering and Terrorist Financing (AML/CFT State Ordinance). In this respect, they must also register with the CBA and take duly notice of the Financial Action Task Force (FATF) and the Caribbean Financial Action Task Force (CFATF) warning lists.

REVISED Handbook for the prevention and detection of money laundering and financing of terrorism

The CBA issues a revised version of its Handbook for the prevention and detection of money laundering and financing of terrorism (AML/CFT Handbook). As of January 1, 2020, the AML/CFT Handbook applies to all financial service providers and all designated non-financial service providers, as defined in section 1 of the AML/CFT State Ordinance. The revisions include, inter alia, an (overall) more risk-based-approach vis-à-vis the requirements of the AML/CFT State Ordinance, detailed guidelines on (conducting) the Business Risk Assessment, inclusion of (additional) information regarding funds transfers, sanctions, terrorist financing and proliferation financing, a requirement to have a money laundering compliance officer who is based in Aruba, as well as specific risk indicators per sector. The AML/CFT Handbook consists of:

  • Statutory requirements: paraphrasing provisions in the AML/CFT State Ordinance or “LWTF” and/or other relevant legislation;
  • Regulatory requirements: providing directives of the CBA regarding the application of the AML/CFT State Ordinance in accordance with section 48 of the AML/CFT State Ordinance;
  • Guidance notes: presenting ways to comply with the Statutory and Regulatory requirements.

The AML/CFT Handbook should always be read in conjunction with the official text of the AML/CFT State Ordinance (in the Dutch language). It replaces the AML/CFT Handbook of June 1, 2011, as well as the Guidance Notes for designated non-financial service providers of June 30, 2011.

The CBA emphasizes that the AML/CFT Handbook is not to be used as an internal AML/CFT-procedures manual.