The Money Laundering and Terrorist Financing (Amendment) Regulations 2019, which came into force on 10 January 2020, updated the anti-money laundering regime to incorporate international standards set by the Financial Action Task Force (FATF). These changes included:
· Enhanced due diligence obligations, meaning companies must take greater steps to avoid the committal of a crime
· Expansion of the AML-regulated sector to include art market participants (art galleries, dealers, advisors and auction houses)
KYC is about understanding who exactly our customer is, and ensuring that all sourced funds are legitimate. Also known as client due diligence (CDD), background checks are a key part of AML compliance. Under the regulations, art market participants must identify and verify customers who spend €10,000 (£8,000) or more to ensure that they do not become involved with an individual or business with a history of financial crime or sanctions.
As part of our due diligence procedures, we are required by law to request the following information before payment is taken:
· One proof of identity, e.g. passport, photo driving licence, resident permit (with photo), or National Identity (ID) card
· Two proofs of address, e.g. utility bill, bank/building statement or mortgage statement (dated within last three months), or council tax statement for the current year
The documentation required will differ, depending on if you are purchasing as an individual or business, within the UK or overseas. In certain circumstances, we may require additional information to confirm the source(s) of funds. All of our gallery staff and online art consultants are trained in KYC and can help to guide you through the process and additional documentation options. You can access the list of approved documentation here.
All documents are uploaded via a secure link. Our process has been developed and designed in-house to make it as streamlined as possible, and you can upload at your own convenience via your phone, tablet or computer - wherever you are in the world. Our KYC form takes less than ten minutes to complete, and the full process needs to be completed just once; for your next purchase, we will only need to confirm your address. Any checks that we complete do not leave an imprint on your credit file.
As with all data we hold, your documents will be stored securely and in accordance with data protection regulations, including GDPR. Our data encryption software complies with the Data Protection Act (2018); featuring two-factor authentication, it is also used by world-leading companies including Emirates, KPMG and Canon. Once uploaded, only our specialist business intelligence and anti-money laundering team can access your information to make the necessary checks.
More than 400 art galleries, auction houses and advisors have now registered with HM Revenues and Customs (HMRC) as an art market participant. Christie's enforces equal AML and KYC standards for physical artworks and NFTs (artworks stored on a digital ledger), while Sotheby's' founding global compliance director and former global head of litigation, Rena Neville, told The Art Newspaper in March 2021 that: 'Ignoring AML compliance is not an option in the UK.' Compliance is not limited to the art market: other trusted British high street retailers, including John Lewis & Partners, Harrods and M&S Bank, also carry out due diligence checks for their customers.
The $50 billion global art market is one of the fastest-growing in the world, but the FBI estimates that art crime - including fraud, theft and trafficking - creates annual losses running into the billions. In the UK, the HM Treasury and the Home Office consider the art market to be 'high-risk', primarily due to a lack of transparency within the industry.
A 2020 report by the U.S. Senate's Permanent Subcomittee on Investigations stated that: 'Secrecy, anonymity and a lack of regulation create an environment ripe of laundering money and evading sanctions.' As art - including fine art, photographs and prints - is considered an asset that is less affected by a volatile economy, its value can often increase following purchase, making it susceptible to fraudulent practices.
“Art has great value and is resaleable. For that reason, it has become a target for those wishing to launder money," explains Simon MacGovern, CEO of Washington Green Fine Art. “We endeavour to take the necessary steps to prevent fraudulent transactions, and background checks ensure that our art is being sold to genuine collectors. For us, it is not about the number of artworks we sell; our clients’ experience is our primary concern, and this is at the forefront of everything we do.”
In the UK, any suspicious activity is reported to the National Crime Agency (NCA), and businesses who don't comply are at risk of sanctions and prosecution. Non-UK customers - including those from the U.S and Europe - are subject to the same regulations when transacting in the UK. It is expected that the U.S will soon announce recommendations for its own AML regulations to include fine art, helping to keep the art market authentic and ethical.
Our KYC and AML processes operate beyond the minimum standards set by law. “Castle Fine Art is a company that places a very high value on integrity,” adds Simon. “Complying with legal requirements shows our clients that they are dealing with a business that takes customer safety seriously. This reflects our high standards as a business across the board.”
The following countries have been identified as high-risk by the Financial Action Task Force (FATF), HM Treasury and the European Commission, and KYC procedures will be carried out regardless of purchase value: Afghanistan, The Bahamas, Barbados, Belarus, Botswana, Cambodia, Democratic People's Republic of Korea (DPRK), Ghana, Iran, Iraq, Jamaica, Mauritius, Mongolia, Myanmar, Nicaragua, Pakistan, Panama, Russia, Syria, Trinidad and Tobago, Uganda, Vanuatu, Yemen, Zimbabwe.
21/08/2021
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