https://civil.ge/archives/643738

On December 11, the Council of Europe’s Committee of Experts on the Evaluation of Anti-Money Laundering Measures and the Financing of Terrorism (MONEYVAL) released its third Enhanced Follow-up Report and Technical Compliance Re-Rating on Georgia, examining the country’s progress in addressing the technical compliance deficiencies identified in the September 2020 assessment and subsequent follow-up reports on its measures to combat money laundering and terrorist financing. As a result of the follow-up, two recommendations have received an improved rating.

MONEYVAL is a permanent monitoring body of the Council of Europe, which works on evaluating compliance with international standards and their implementation, in the direction of combating money laundering and terrorism financing. Its previous reports on Georgia were released in 2020, and 2022.

According to the document, Georgia had requested a reassessment of eight of the forty recommendations contained in its comprehensive 2020 Mutual Evaluation Report (in particular R.1, R.6, R.7, R.15, R.22, R.23, R.28, R.35).

For the remaining recommendations rated as partially compliant (R.24, R.25) or non-compliant (R.8), the authorities did not request a re-rating. For now, Georgia is rated “compliant” on seven recommendations, “largely compliant” on 24 recommendations, “partially compliant” on eight recommendations, and “non-compliant” on one recommendation, which relates to non-profit organizations.

When it comes to recommendations number one on assessing risks and applying a risk-based approach, Georgia’s rating has improved from “partially compliant” to “largely compliant.” As for recommendation number fifteen on adopting new technologies, the rating also improved from “partially compliant” to “largely compliant.” Rating for other recommendations remains unchanged.

“Georgia has not reached the threshold of addressing most, if not all, deficiencies, and so the plenary may decide in line with Rule 25 of the Rules of Procedure for the 5th round of mutual evaluations to apply compliance enhancing procedures to the following non-“big six” recommendations that remain: Partially Complaint – R.7, R.22, R.23, R.24, R.25, R.28 and R.35; and Non-Complaint – R.8.

Speaking of the unchanged rating on recommendation number six which is about targeted financial sanctions related to terrorism and terrorist financing, the report recognizes that Georgia has made a “serious effort” in boosting its compliance with the UN instruments on freezing of terrorist assets. However, there are still some notable weaknesses in the system related to coverage of all natural and legal persons under freezing requirements. In a similar fashion, the rating on recommendation number seven on targeted financial sanctions related to terrorism and terrorist financing remained the same.

In its justification not to change the rating on the recommendation number 22 regarding the designated non-financial business and professions (DNFBPs), the MONEYVAL identifies several shortcomings, including the fact that there are no Anti-Money Laundering/Combating of Terrorism (AML/CFT) financing requirements for real estate agents and trust and service company providers.

The real estate agents and trust and service company providers lacking anti-money laundering and countering the financing of terrorism requirements is seen as a moderate issue, impacting recommendation number 23 compliance.

Regarding the recommendation number 28, the report reiterates that there is no regulation and supervision of real estate agents trust and service company providers. “There are no, or insufficient, provisions in place to prevent associates of criminals from owning or controlling casinos and sanctions are not always available in line with R.35 for failure to comply with AML/CFT requirements,” reads the report.

Recommendation number 35 on sanctions remained unchanged, because “sanctions are not available for breaches of the AML/CFT Law by leasing companies, lawyers (except suspension) and DPMS [dealers in precious metals and stones].”

“Georgia will remain under the enhanced Follow-up process and is expected to report back to the plenary in one year’s time on the progress made in relation to recommendations remaining rated as PC and NC,” the report notes.