What is the FWRA?
The Firm Wide Risk Assessment (FWRA) is a document that all law firms that fall within the scope of money laundering regulations needs to complete, whereby the MLRO will assess what level of money laundering risk the firm faces and how they can mitigate that risk.
The FWRA needs to cover the five mandatory risk factors, which are:
- Client risk
- Transactional risk
- Geographical risk
- Product/service risk
- Delivery channel risk
How to do a firm wide risk assessment – key considerations
1. Can you use a firm-wide risk assessment template?
No, this is not how a FWRA works, was designed to be, nor will it be accepted by the regulator or supervising authority should they request to see it. The impact of a FWRA means it cannot be a one size fits all, cookie cutter or generic document.
As a firm you need to take the time to think why you have identified these risks, do you have any evidence to support it, how would these risks affect you as a firm, individual fee earners and your client offering. What measures can you put in place to mitigate this risk and how will you do that (we have all been there, using someone else’s approach as it might be quicker) if it is not for your firm, it is unlikely to be effective or productive.
2. How long should a firm wide risk assessment be?
The FWRA needs to be comprehensive, show how the firm came to these risks, ensure it is evident the firm has thought how best to mitigate the risk and how you are implementing measures via policy, training etc.
This is not a time to save time and words - ensure you are capturing exactly what you are doing and do yourself justice.
3. Can the firm-wide risk assessment form part of the risk register?
No, the supervisory authorities want to see a separate document for the specific AML FWRA, allowing it to be reviewed and assessed by the appropriate people and supervisors.
4. How often should a firm-wide risk assessment be reviewed?
The FWRA should be seen as a living and breathing document, that is updated on a periodic basis. When as a management team you reflect on a period, it should also be updated when it is needed whether it is an international impact change, a local legislation for a country you operate in or awareness of a new check to be done. This document should not only be set up from what you know but should be updated from what you learn to ensure the firm is working under a current risk-based approach.
Doing your FWRA: in conclusion
Doing your FWRA is not rocket science but we do know from speaking with clients who have had thematic reviews, Lexcel assessors in and when speaking with the supervisory authorities it is top of their list for getting it right. If you follow the ethos of the above you will be on track for creating or updating your FWRA in line with best practice for the legal industry.
Download the Access Legal AML Guide for Law Firms for comprehensive, practical advice on your firm’s AML obligations and how you can meet them. Alternatively, get in touch with our specialist team to find out how Access Legal’s software can support your AML processes in-house. We also offer an AML elearning solution which is crucial for anyone handling company finances.