FATF Report on India: Observations and Significance

The Financial Action Task Force (FATF) recently released its Mutual Evaluation Report on India, following an on-site assessment in November 2023. India, which became a FATF member in 2020, was placed in the “regular follow-up” category, which is viewed positively given prior objections from some developed countries. The FATF identified key areas for improvement, including the prosecution of money laundering (ML) and terror financing (TF) cases, the protection of the non-profit sector from terrorist abuse, and the implementation of preventive measures.

FATF Overview

Established in 1989, the FATF is a global watchdog focused on combating money laundering and terrorist financing. Its framework consists of 40 Recommendations across seven categories:

1. AML/CFT Policies and coordination
2. Money laundering and confiscation
3. Terrorist financing and financing of proliferation
4. Preventive measures
5. Transparency and beneficial ownership
6. Powers and responsibilities of competent authorities
7. International cooperation

Mutual Evaluation Reports

FATF mutual evaluations provide in-depth analyses of a country’s compliance with its standards, offering peer-reviewed recommendations to enhance measures against illicit financial activities.

Significance of India’s Ranking

India’s “regular follow-up” rating aligns it with only four other G20 nations— the UK, France, Italy, and Russia (currently suspended). This rating indicates a less stringent reporting requirement than the “enhanced follow-up” category, which many developing countries fall under.

Areas for Improvement

The FATF highlighted several critical areas needing attention in India:

Prosecution and Conviction Rates: There is a significant gap between the number of investigations and prosecutions, with only 28 convictions secured by the Enforcement Directorate (ED) between 2018 and the assessment in 2023.

Risk Profiling: Improvement is needed in customer risk profiling within financial institutions.

Non-Profit Sector Oversight: Measures to prevent the abuse of non-profit organizations for terrorist financing must be strengthened.

Terror Financing Prosecutions: Delays in prosecuting terror financing cases need to be addressed, particularly concerning the Prevention of Money Laundering Act (PMLA).