Higher Risk
 
Medium Risk
 
Info n/a
 
Lower Risk
Sanctions:

Australia has implemented autonomous sanctions, including the
extension of some current UN sanctions, against Burma, Fiji,
Former Federal Republic of Yugoslavia, Iran, North Korea and
Zimbabwe. For further information: -

http://www.dfat.gov.au/un/unsc_sanctions/index.html

____________________________________________________

Offshore Jurisdiction Blacklists

Information unavailable..

____________________________________________________

US State Department Money Laundering Report - 2012

Australia is a regional financial center. The majority of illegal
proceeds are derived from fraud-related offenses, though
narcotics offenses provide a substantial source of crime
proceeds. The Government of Australia (GOA) maintains a
comprehensive system to detect, prevent, and prosecute money
laundering. Australian law enforcement agencies investigate an
increasing number of cases that directly involve offenses
committed overseas. Continuous consultation between
government agencies and the private sector enables Australia to
identify and address new money laundering and terrorist financing
risks.

For additional information focusing on terrorist financing, please
refer to the Department of State’s Country Reports on Terrorism,
which can be found here: http://www.state.gov/j/ct/rls/crt/

Do financial institutions engage in currency transactions related to
international narcotics trafficking that include significant amounts
of U.S. currency; currency derived from illegal sales in the U.S.; or
that otherwise significantly affect the U.S.: NO

Criminalization of money laundering:

“All serious crimes” approach or “list” approach to predicate
crimes: All serious crimes

Legal persons covered: criminally: YES civilly: YES

Know-your-customer (KYC) rules:

Enhanced due diligence procedures for PEPs: Foreign: YES
Domestic: YES

KYC covered entities: Banks; gaming and bookmaking
establishments and casinos; bullion and cash dealers and money
exchanges and remitters, including electronic funds transferors;
insurers and insurance intermediaries; securities or derivatives
dealers; registrars and trustees; issuers, sellers or redeemers of
travelers checks, money orders or similar instruments; preparers
of payroll in whole or in part in currency on behalf of other
persons; currency couriers

Suspicious transaction reporting (STR) requirements:

Number of STRs received and time frame: 44,775 from January
2010 to October 2011

Number of CTRs received and time frame: 30,342 from January
2010 to October 2011

STR covered entities: Banks, gaming and bookmaking
establishments and casinos; bullion and cash dealers and money
exchanges and remitters, including electronic funds transferors;
insurers and insurance intermediaries; securities or derivatives
dealers; registrars and trustees; issuers, sellers or redeemers of
travelers checks, money orders or similar instruments; preparers
of payroll in whole or in part in currency on behalf of other
persons; currency couriers

Money laundering criminal prosecutions/convictions:

Prosecutions: 224 from January 2010 to October 2011

Convictions: 104 from January 2010 to October 2011

Records exchange mechanism:

With U.S.: MLAT: YES Other mechanism: YES

With other governments/jurisdictions: YES

Australia is a member of the Financial Action Task Force (FATF)
and of the Asia/Pacific Group on Money Laundering (APG), a
FATF-style regional body (FSRB). Its most recent mutual
evaluation can be found here: http://www.fatf-gafi.
org/dataoecd/60/33/35528955.pdf

Enforcement and implementation issues and comments:

Australia has a robust regime to detect and deter money
laundering and terrorism financing. The Anti-Money Laundering
and Counter-Terrorism Financing Act 2006 (AML/CTF Act)
provides the legal framework and establishes obligations. The
Attorney-General’s Department is the policy agency responsible
for the AML/CTF Act. The Australian Transaction Reports and
Analysis Centre (AUSTRAC) administers the Act, is Australia’s
financial intelligence unit and also the country’s anti-money
laundering regulator.

As of November 2011, the GOA extended its AML/CFT regulation
to cover non-financial businesses and professions such as
lawyers, accountants, jewelers, and real estate agents. In
comparison to the size of the Australian economy and the
comprehensive anti-money laundering countermeasures in place,
the number of convictions for money laundering remains very low.

Third-party deposits, which can be used as vehicles to facilitate
money laundering, are legal in Australia. However, authorities are
working to limit the associated risks in Australia’s financial system.
On October 1, 2011, additional AML/CFT provisions came into
effect, which require banking institutions to identify third parties
undertaking transactions of $10,000 or more. This obligation is in
addition to reporting the details of the account holder involved in
the transaction, and builds on existing customer due diligence and
STR obligations.

The Australian government recently established a new Criminal
Assets Confiscation Taskforce, which brings together agencies
with key roles in the investigation and litigation of proceeds of
crime matters, to enhance the identification of potential asset
confiscation matters and strengthen their pursuit.

____________________________________________________

US State Dept Narcotics Report 2011 (introduction):

No report available

____________________________________________________

US State Dept Trafficking in Persons Report 2011
(introduction):

(Tier 1)

Australia is primarily a destination country for women subjected to
forced prostitution, and, to a lesser extent, women and men in
forced labor and children in sex trafficking. It is also a source
country for a small number of child victims of sex trafficking,
primarily teenage girls, within the country. Some women from
Thailand, Malaysia, South Korea, China, and, to a lesser extent,
India, Vietnam, Eastern Europe, and Africa, migrate to Australia
voluntarily intending to work legally or illegally in a number of
employment sectors, including prostitution. Subsequent to their
arrival, however, some of these women are coerced into
prostitution in both legal and illegal brothels. There were news
reports that some brothels are run by Asian organized crime
groups that arrange for Asian women to travel, sometimes on
student visas, to work in brothels. The women and girls are
sometimes held in captivity, subjected to physical and sexual
violence and intimidation, manipulated through illegal drugs, and
obliged to pay off unexpected or inflated debts to their traffickers.
Some victims of sex trafficking have also been exploited in
domestic servitude.

Men and women from several Pacific Islands, India, China, South
Korea, and the Philippines are recruited to work temporarily in
Australia. After their arrival, some are subjected by unscrupulous
employers and labor agencies to forced labor in agriculture,
horticulture, construction, cleaning, hospitality, manufacturing,
and other sectors, such as domestic service. They face
confiscation of their travel documents, confinement on the
employment site, threats of physical harm, and debt bondage
through inflated debts imposed by employers or labor agencies.
Most often, traffickers are part of small but highly sophisticated
organized crime networks that frequently involve family and
business connections between Australians and overseas
contacts. Some traffickers attempted to hide their foreign victims
from official notice or prevented victims from receiving assistance
by abusing the legal system in order to create difficulties for
victims who contact authorities for help. An Australian Institute of
Criminology report on labor trafficking released by the
government during the year, noted instances of unreported and
unrecognized labor trafficking, seen through the vulnerability of
457 visa holders, nurses, workers in the meat, manufacturing, and
agriculture industries, domestic workers, international students,
and seafarers. During the year, there were increased reports by
NGOs and other informed observers that individuals on student
visas, typically from Asia, became victims of forced labor and
forced prostitution in Australia. There are over 450,000 foreign
students in Australia, many of whom spend up to tens of
thousands of dollars in placement and academic fees, as
completion of courses often leads to permanent residency in the
country. Some in the housekeeping and restaurant industries are
subject to a restriction of working a maximum of 20 hours per
week under their visas. When asked to work for more than 20
hours, they face risk of losing their visas, making them vulnerable
to exploitation by unscrupulous employers.

The Government of Australia fully complies with the minimum
standards for the elimination of trafficking. During the year, the
government prosecuted and convicted five trafficking offenders.
Australian Federal Police (AFP) investigators in the Transnational
Sexual Exploitation and Trafficking Teams (TSETT) specialized in
investigating trafficking offenses as well as child sex tourism and
the online sexual exploitation of children. The government
reported identifying and assisting 31 suspected victims of
trafficking, a notable decrease from 57 suspected victims
identified during the previous reporting period. The Australian
government’s support program offered to foreign victims during
the year included an option for long-term residence and care;
authorities granted Permanent Witness Protection Visas to 20
such victims and nine of their family members, which allowed them
to remain in Australia permanently. Authorities also continued a
long-term trafficking research project that resulted in the
publication of a number of papers on the trafficking situation in
Australia. The government published discussion papers on the
criminal justice response to trafficking and forced marriage, and
sustained partnerships with NGOs in order to evaluate objectively
its own anti-trafficking activities in these areas.

For full report click here

____________________________________________________

US State Dept Terrorism Report 2010

Overview: On February 23, the Government of Australia released
the Counterterrorism White Paper outlining Australia's
counterterrorism strategy. The strategy has four key elements:
Analysis, Protection, Response, and Resilience. Additional
funding was announced for a counter-radicalization program. The
National Terrorism Public Alert System level remained at medium,
indicating that a terrorist attack could occur.

Legislation and Law Enforcement: In October 2009, five Sydney
men, arrested as part of a series of raids in 2005, were found
guilty of plotting terrorist attacks. On February 15, they were
sentenced to jail terms ranging from 23 to 28 years. The
Australian Attorney-General noted that the trial extended over
nearly one year and involved approximately 300 witnesses, 3,000
exhibits, and 30 days of surveillance evidence.

In February, the government announced the creation of the
Counterterrorism Control Center (composed of the Australia
Security Intelligence Organization (ASIO), Australian Secret
Intelligence Service, the Australian Federal Police and Defense
Signals Directorate) to coordinate counterterrorism activities; it
was officially opened on October 21.

In March, parliament passed the Independent National Security
Legislation Monitor Bill 2010 that appoints an Independent
Monitor to help ensure counterterrorism laws strike an appropriate
balance between protecting the community and human rights.

Between July 2009 and June 2010, ASIO identified "several
Australians" seeking contact with extremist religious figures
overseas, and issued eight adverse security assessments against
Australian passport holders, which "reflected an increase in the
number of Australians identified as seeking to travel overseas for
terrorism-related activities." ASIO reported that a number of
Australians made contact with extremist figures in Yemen and
"Australians resident in Yemen have also participated in terrorism-
related activity." During this period, ASIO issued 14 adverse
assessments against visa applicants on counterterrorism grounds.

In November, parliament passed the National Security Legislation
Amendment Bill, which includes new powers for police to enter
premises without a warrant in emergency circumstances;
establishing a seven day limit on the amount of time a terrorism
suspect can be held, without charges; expanding counterterrorism
laws to apply to those who incite violence on the basis of race,
religion, ethnic origin, and political opinion; extending the
expiration period of regulations proscribing a terrorist organization
from two to three years; amending the National Security
Information (Criminal and Civil Proceedings) Act 2004 so that
national security and counterterrorism court proceedings may be
expedited; and creating parliamentary oversight of the Australian
Federal Police and Australian Crime Commission.

On December 23, three Melbourne men were found guilty of
conspiring to plan a terrorist act at Sydney’s Holsworthy Army
Base in 2009. The Attorney-General said the prosecution was the
result of a complex joint investigation involving state and federal
police cooperation with the intelligence community.

Australia listed 19 groups as terrorist organizations. Al-Qa'ida in
the Arabian Peninsula was listed for the first time and al-Qa'ida,
Jemaah Islamiya, al-Qa'ida in the Islamic Maghreb, Abu Sayyaf
Group, al-Qa'ida in Iraq, and Jamiat ul-Ansar were re-listed in
2010.

The Australian Communications and Media Authority was
investigating Hizballah’s al-Manar television station’s program
content to determine its compliance with regulatory obligations
relating to terrorist-related content, as well as racial vilification and
hate speech.

Countering Terrorist Finance: Australia’s laws make it a criminal
offense to hold assets that are owned or controlled by terrorist
organizations or individuals sanctioned under UNSCR 1267. The
Australian Transaction Reports and Analysis Center (AUSTRAC)
acts as Australia's money-laundering and counterterrorist
financing regulator. AUSTRAC continued to fund capacity building
technical assistance programs in Southeast Asia, South Asia, the
Pacific, and Africa.

To better coordinate and exchange financial information, the
government launched the Criminal Intelligence Fusion Center
within the Australian Crime Commission in July 2010. The center
co-located expert investigators and analysts from AUSTRAC and
other government agencies. On November 11, the government
released proposals to strengthen regulation of businesses
providing international cash transfer services.

Regional and International Cooperation: Australian multilateral
engagement continued in a wide range of forums. Australia has
counterterrorism memoranda of understanding with Indonesia, the
Philippines, Malaysia, Cambodia, Thailand, Brunei, Fiji, Papua
New Guinea, East Timor, India, Pakistan, Afghanistan, Turkey,
Bangladesh, and the United Arab Emirates. Australia continued to
provide legal drafting assistance to regional states seeking to
adopt international conventions and protocols against terrorism,
and to bring their law codes into conformity with these
conventions. Australia was instrumental in the International Civil
Aviation Organization’s efforts to update the Montreal and Hague
Conventions, resulting in the successful conclusion of two new
counterterrorism instruments in Beijing.

Australia and the United States exchanged information using
APEC's Regional Movement Alert System. Australia has biometric
data-sharing arrangements with the United Kingdom, Canada, the
United States, and New Zealand.

From March to August 2010, Australia's largest ever national
counterterrorism exercise, Mercury 10, was held across Australia.
The “deployment phase” was conducted in late August. It was the
first to include another country, with the involvement of New
Zealand. In November, Australia and Malaysia established a
bilateral counterterrorism working group. In December, Australia
hosted the Ninth Annual Trilateral Security Dialogue
Counterterrorism consultations with the United States and Japan.

Countering Radicalization and Violent Extremism: The government
funded projects encouraging tolerance of religious diversity. In
November, the government announced approximately US$ 9.7
million to fund a youth mentoring program as part of a program to
address radicalization.
Tables & Rankings
Are there Sanctions in force against it? (UN/EU/US)
N
?
Is it on FATF list of non-cooperative countries?
N
?
Is it on OECD list of uncooperative Tax Havens?
N
?
OECD - Implementation status of Tax Standard
White
?
Is it on EU 'white' list of equivalent jurisdictions?
Y
?
Offshore Finance Center (Original IMF List)?
N
?
Is it on the US Secretary of Treasury list of jurisdictions of
Primary Money Laundering concern?
N
?
Is it on the US Secretary of State list of jurisdictions
identified to be supporters of International Terrorism?
N
?
Is it on US Department of State International Narcotics
Control Majors List?
N
?
US Dept of State Money Laundering assessment (INCSR)
PC
?
Government Actions (For further info see INCRS below):
 
?
-  Criminalized Drug Money Laundering?
Y
 
-  Criminalized Beyond Drugs?
Y
 
-  Record Large Transactions?
Y
 
-  Maintain Records Over Time?
Y
 
-  Report Suspicious Transactions?(NMP)?
Y
 
-  Egmont Financial Intelligence Units?
Y
 
-  System for Identifying/Forfeiting Assets?
Y
 
-  Arrangements for Asset Sharing?
Y
 
-  Cooperates with International Law Enforcement?
Y
 
-  International Transportation of Currency?
Y
 
-  Ability to Freeze Assets w/o delay?
Y
 
-  Disclosure Protection "Safe Harbor"?
Y
 
-  Criminalized Financing of Terrorism?
Y
 
-  States Party to 1988 UN Convention?
Y
 
-  International Terrorism Financing Convention?
Y
 
 
Ranking
2011
Ranking
2010
 
Corruption (Transparency International)
8 (out of
183)
8 (out of
178)
?
Ease of doing business (World Bank)
15 (out of
183)
10 (out of
183)
?
FATF 40 + 9 recommendations
Mutual Evaluation Report: 2005
Further Tables
C
LC
PC
NC
N/A
    C  -  Fully Compliant ,   
    LC  -  Largely Compliant,    
    PC  -  Partially Compliant    
    NC  -  Non-Compliant
12
14
13
10
0
Legal Systems
 
1. Money Laundering Offence
LC
 
14. Protection & no tipping-off
C
2. ML offence – mental element and
corporate liability
LC
 
15. Internal controls,
compliance & audit
NC
3. Confiscation and provisional
measures
C
 
16. DNFBP – R.13-15 & 21
NC
4. Secrecy laws consistent with the
Recommendations
C
 
17. Sanctions
PC
5. Customer due diligence
NC
 
18. Shell banks
PC
6. Politically exposed persons
NC
 
19. Other forms of reporting
C
7. Correspondent banking
NC
 
20. Other NFBP & secure
transaction techniques
C
8. New technologies & non
face-to-face business
NC
 
21. Special attention for
higher risk countries
PC
9. Third parties and introducers
NC
 
22. Foreign branches &
subsidiaries
NC
10. Record keeping
PC
 
23. Regulation, supervision
and monitoring
PC
11. Unusual transactions
PC
 
24. DNFBP - regulation,
supervision and monitoring
PC
12. Designated Non-Financial
Businesses and Professions – R.5,
6, 8-11
NC
 
25. Guidelines & Feedback
PC
13. Suspicious transaction reporting
LC
     
Institutional and other
measures
 
26. The FIU
C
 
31. National co-operation
LC
27. Law enforcement authorities
LC
 
32. Statistics
LC
28. Powers of competent authorities
C
 
33. Legal persons – beneficial
owners
LC
29. Supervisors
PC
 
34. Legal arrangements –
beneficial owners
PC
30. Resources, integrity and training
LC
 
 
 
International Co-operation
 
35. Conventions
LC
 
38. MLA on confiscation and
freezing
C
36. Mutual legal assistance (MLA)
C
 
39. Extradition
C
37. Dual criminality
C
 
40. Other forms of
co-operation
C
Nine Special
Recommendations
 
SR.I Implement UN instruments
LC
 
SR VI AML requirements for
money/value transfer services
PC
SR.II Criminalise terrorist financing
LC
 
SR VII Wire transfer rules
NC
SR.III Freeze and confiscate terrorist
assets
LC
 
SR.VIII Non profit
organisations
PC
SR.IV Suspicious transaction
reporting
LC
 
SR.IX Cross Border
Declaration & Disclosure
PC
SR.V International co-operation
LC
 
 
 
*Please note that FATF deems that a country has significant aml deficiencies if any
of the 'Core' Recommendations, R1, R5, R10, R13, SRII, or SRIV are rated either
Partially of Non-Compliant. These are marked in red.

For FATF to remove a country from the regular follow-up process, it has to be rated
Compliant or Largely Compliant in the above mentioned Core Recommendations
and the following Key Recommendations: -        

R3, R4, R23, R26, R35, R36, R40, SRI, SRIII, SRV

Please also note that any risk assessment should take into consideration all
follow-up reports.
___________________________________________________

AML News / Updates

February 10, 2011  -  The Global Forum on Transparency and
Exchange of Information for Tax Purposes has issued a Combined
phase 1 & phase 2 peer review for Australia

View Review....


Links:

Australian Transaction Report & Analysis Centre (AUSTRAC)

Worldwide AML Legislation (International Bar Association)
AUSTRALIA
KnowYourCountry
-  Know Your Customer Provisions
Y
 
-  Criminalized Tipping Off?
Y
 
-  Report Suspected Terrorist Financing?
Y
 
-  State Party to United Nations TOC?
Y
 
-  State Party to United Nations CAC?
Y
 
Local AML News / Sanctions
Tax Information
Business Information
Extracted from IMF Report  -  2011 ARTICLE IV Consultation
(October 2011)  

The AML/CTF Act, enacted in December 2006, established a
regulatory regime to detect and deter money laundering and terrorism
financing. The AML/CTF Act represents the first tranche of reforms and
covers the activities of financial service providers, gambling services,
bullion dealers and remittance dealers. The authorities report that the
implementation is now complete. The second tranche of legislative and
regulatory reforms, intended to capture a range of non-financial
businesses and professionals is under consideration. Legislation has
been implemented facilitating information exchange between the
Australian Transaction Reports and Analysis Centre (AUSTRAC) and
APRA.

Information sharing arrangements at the executive and operational
levels are now in place.  

Click here to view full report
Last Updated:   16 April 2012