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REGULATORYXRT Compliance2025-04-2214 MIN READ

AML Compliance in Cross-Border Commodity Finance: How FATF Guidance is Reshaping Counterparty Due Diligence

The FATF's updated guidance on trade-based money laundering (TBML) has materially increased the due-diligence burden on commodity trading firms. We break down the practical impact on LC structuring, vessel vetting, and beneficial ownership documentation.

The Financial Action Task Force's October 2024 updated guidance on trade-based money laundering (TBML) — formally titled "Trade Finance and Correspondent Banking" — has materially increased the documentation burden on commodity trading firms operating cross-border LC and open-account structures. While the guidance is non-binding at the FATF level, it has already been incorporated into supervisory frameworks by the Dutch National Bank (DNB) and the UK Financial Conduct Authority (FCA), with US FinCEN expected to publish conforming guidance in Q3 2025.

KEY CHANGES IN TBML RISK ASSESSMENT REQUIREMENTS

The 2024 guidance introduces a formal risk-scoring requirement for commodity trading intermediaries acting as "orchestrators" in trade finance structures — a category that explicitly captures commodity procurement firms that arrange LCs between producers and end-buyers without taking title. Under the new framework, orchestrators must maintain beneficial ownership records for all counterparties to at least two tiers of the corporate ownership chain, not merely the contractual counterparty. This represents a significant expansion from current practice, where most commodity firms conduct KYC only on the immediate LC applicant or beneficiary.

LC STRUCTURING UNDER THE NEW FRAMEWORK

LC FeatureOld PracticeFATF 2024 Requirement
Beneficial OwnershipImmediate counterparty onlyTwo-tier corporate chain minimum
Vessel VettingSIRE + P&I Club verificationSIRE + sanctions screening + MMSI/IMO cross-check
Trade Document ReviewPresentation documents onlyUnderlying commercial invoice + packing list
Over/Under-Invoicing CheckNot requiredBenchmark price comparison mandatory
Country Risk Refresh RateAnnualQuarterly minimum

VESSEL VETTING AND SANCTIONS SCREENING

The guidance specifically calls out vessel-based evasion as a primary TBML vector following the 2022–2024 shadow fleet expansion in Russian crude trade. Commodity firms are now expected to cross-reference vessel IMO numbers against OFAC's List of Specially Designated Nationals and Blocked Persons (SDN List) at each port call — not just at initial fixture — and to document AIS (Automatic Identification System) consistency checks for vessels with a history of transponder gaps. XRT's trade compliance team has integrated KPLER vessel tracking with OFAC SDN alerts as part of our ARP transaction monitoring workflow.

PRACTICAL IMPACT ON XRT COUNTERPARTY ONBOARDING

Effective March 2025, XRT's counterparty onboarding timeline has extended from an average of 5 business days to 9 business days to accommodate two-tier beneficial ownership verification for entities incorporated in FATF high-risk jurisdictions (currently including UAE, South Africa, and several APAC jurisdictions under enhanced monitoring). Clients should factor this timeline into their procurement scheduling and avoid submitting RFQs that require LC issuance within 5 business days of counterparty introduction. Pre-clearance of repeat counterparties is available under XRT's Verified Supplier Registry framework, reducing subsequent transaction onboarding to 48 hours.

PUBLISHED BY
XRT Compliance
2025-04-22
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