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As
one of the first Financial Intelligence Units (FIU) of its
kind in the world, The Australian Transaction Reports and Analysis
Centre (AUSTRAC) regulates Australia's anti-money laundering
programme.
The laws governing Australia's
anti-money laundering programme are contained in the Financial Transaction
Reports Act 1988 (FTR Act); the Proceeds of Crime Act 2002
and the Proceeds of Crime (Consequential Amendments and Transitional
Provisions) Act 2002.
Australia is currently considering changes to its anti-money laundering
system to ensure that it continues to model international best practice.
These are expected to be published in early 2005.
AUSTRAC
regulates "cash dealer" compliance with the FTR Act
A "Cash dealer' in the
legislation includes, but is not limited to:
- authorised
deposit-taking institutions such as banks, building societies
and credit unions;
- managers and trustees
of unit trusts;
- financial institutions;
- insurance companies
and insurance intermediaries; and
- stockbrokers.
Reporting
requirements
The following transactions
must be reported to AUSTRAC:
- Significant cash
transactions - any transaction with a cash component of $10,000
AUD or more.
- International
funds transfer instructions - any instruction for the transfer
of funds transmitted electronically, either into, or out of, Australia.
- Suspect transactions
- any transaction in which the individuals, monies or circumstances
of the transaction cause the cash dealer to have suspicion.
Members
of the general public and those falling into the definition of cash
dealer are also required to report international currency transfers
to AUSTRAC - carrying, mailing or transporting cash amounts
of $10,000 AUD or more into, or out of, Australia.
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Know
your customer
The FTR Act also
requires cash dealers to verify the identity of persons who are
signatories to accounts. It should be noted that the legislation
specifically prohibits accounts being opened or operated in a false
name.
Australia is a member of the Financial Action Task Force on Money
Laundering (FATF), an international inter-governmental body
which sets standards, and develops and promotes policies to combat
money laundering and terrorism financing.
Australia is also a member of the Asia Pacific Group on Money
Laundering and has signed and ratified the UN Convention Against
Illicit Traffic in Narcotics Drugs and Psychotropic Substances of
1988.
In addition, Australia
has signed and ratified the Council of Europe Convention on Laundering,
Search, Seizure and Confiscation of the Proceeds from Crime of 1990.
The most recent FATF
report recognised that Australia had gone a long way to implementing
the recommendations but as always work continues. In line with their
high standards and always ready to stay ahead of the game, AUSTRAC
is set to publish new legislation to counter money laundering in
2005. These new rules are likely to further identify cross border
movements of currency into and out of Australia and will almost
certainly impact upon sectors that would not previously have had
to report FTR's such as accountants, solicitors and casinos.
As AUSTRAC continue to revise their legislation to enhance
information for locating the money trail, particularly with regard
to organised crime and serious criminal offenders the reporting
burden on financial institutions is likely tol increase proportionally.
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AUSTRAC
Guidelines
All the latest guidelines should
be checked here: http://www.austrac.gov.au/text/guidelines/guidelines/index.htm
These links are provided as-is
AUSTRAC Guideline
No. 1
Suspect Transaction Reporting
AUSTRAC
Guideline No. 1 - Addendum 1
Suspect Transaction Reporting - The Use Of
Cheques In Money Laundering
AUSTRAC
Guideline No. 1 - Addendum 2
Suspect Transaction Reporting - Polymer Bank
Notes
AUSTRAC Guideline
No. 1 - Addendum 3
Suspect Transaction Reports Inadmissible in
Evidence
AUSTRAC Guideline
No. 1 - Addendum 4
Suspect Transaction Reports - Nostro/Vostro
Accounts
AUSTRAC Guideline
No. 1 - Addendum 5
Suspect Transaction Reports - Identifying
Suspect Transactions by Call Centres
AUSTRAC
Guideline No. 2
Significant Cash Transaction Reporting
(Formerly CTRA Guideline No. 2)
AUSTRAC
Guideline No. 2A
Significant
Cash Transaction Reporting - TABS,
On-Course Totalisators and Bookmakers
(Formerly CTRA Guideline No. 2(A))
AUSTRAC
Guideline No. 2B
Significant Cash Transactions - Exemptions
and Exemption Registers
(Formerly CTRA Guideline No. 2(B))
Updated January 2002
AUSTRAC
Guideline No. 2C
Significant Cash Transaction Reporting - Cash
Carriers
(Formerly CTRA Guideline No. 2(C))
AUSTRAC
Guideline No. 2D
Significant
Cash Transaction Reporting for Bookmakers, TAB’s, Totes and Sports
Betting Agencies
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Money laundering solutions for Australia & AUSTRAC compliance
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Here
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Account
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can record exactly what verification has been captured (such as
sight of original photo ID, corporate trust paperwork), and to record
when these verifications expire (or when you want to review them).
This re-documentation process gives you tangible information on
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Suspicious
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STB-Detector performs two broad classes of query, Account behaviour
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Business (KYB) and Know Your Employee (KYE) information. Anomalies
highlighted also include transactions which break limits, possible
deliberate avoidance of limits and those which are unusual, or unusually
large or potentially fraudulent.
OFAC
or Other List Monitoring:
Functionality within ClearGuard
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Database
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Risk
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This key area provides audit data and a secure environment from
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For more information,
please contact us or send back our Information
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STB-Detector
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Account opening due diligence and documentation
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Suspicious activity monitoring
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Watch list monitoring
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Legal investigations reporting
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Customer database scanning
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Payment and receipt message interdiction, including
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Money laundering solutions
for Australia & AUSTRAC compliance
AUSTRAC
Guidelines
All the latest guidelines should
be checked here: http://www.austrac.gov.au/text/guidelines/guidelines/index.htm
These links are provided as-is
AUSTRAC
Guideline No. 3
Account Signatory Verification of Identity Procedures
(Formerly CTRA Guideline No. 3)
Updated January 2002
AUSTRAC
Guideline No. 4
Merchant Bankers and Stock Brokers - Suspect
Transaction Reporting
(Formerly CTRA Guideline No. 4)
AUSTRAC
Guideline No. 4 - Enclosure 1
Areas of Suspect Activity - Money Laundering
(Formerly Enclosure to CTRA Guideline No. 4)
AUSTRAC
Guideline No. 4 - Enclosure 2
Areas of Suspect Activity - Tax Evasion
(Formerly Enclosure to CTRA Guideline No. 4)
AUSTRAC
Guideline No. 4 - Enclosure 3
Areas of Suspect Activity - Corporate Fraud
(Formerly Enclosure to CTRA Guideline No. 4)
AUSTRAC
Guideline No. 4 Enclosure 4
Areas of Suspect Activity - Securities Offences
(Formerly Enclosure to CTRA Guideline No. 4)
AUSTRAC
Guideline No. 5
Suspect Transaction Reporting - Casinos
AUSTRAC
Guideline No. 6
Significant Cash Transaction Reporting - Solicitors
AUSTRAC
Guideline No.7
Bullion Sellers - Reporting and Identification
Obligations Under the Financial Transactions Reports Act 1988
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Money laundering solutions for
Australia & AUSTRAC compliance
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