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 - 2013

Australia has deep, liquid financial markets and is recognized as a
leader in investment management, as well as areas such as
infrastructure financing and structured products. Australia is a
financial services hub within the Asia-Pacific region, supported by
a number of government initiatives such as the implementation of
an investment manager regime and measures to provide taxation
exemption or tax relief for foreign managers. Finance and
insurance are the largest sectors in the Australian economy.
Australia has one of the largest pools of consolidated assets
under management globally, valued at about A$1.8 trillion
(approximately $1.9 trillion). It is also a significant destination for
foreign direct investment, with total inflows growing by over 16
percent in the first half of 2012 compared with the same period of
2011.

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 US
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

Are 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; 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; and,
currency couriers

REPORTING REQUIREMENTS:

Number of STRs received and time frame: 48,155: July 2011 -
June 2012

Number of CTRs received and time frame: 16,332: July 2011 -
June 2012

STR covered entities: Banks; gaming and bookmaking
establishments and casinos; bullion and cash dealers and money
exchanges and remitters; 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; and,
currency couriers

MONEY LAUNDERING CRIMINAL
PROSECUTIONS/CONVICTIONS:

Prosecutions: 65: July 2011 - June 2012

Convictions: 53: July 2011 - June 2012

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. Its most recent evaluation can be found
here: http://www.fatf-gafi.org/dataoecd/60/33/35528955.pdf

ENFORCEMENT AND IMPLEMENTATION ISSUES AND
COMMENTS:

The Government of Australia maintains a comprehensive system
to detect, prevent, and prosecute money laundering. The
Attorney-General’s Department is the policy agency responsible
for the Anti-Money Laundering and Counter-Terrorism Financing
Act 2006 (AML/CTF Act) in collaboration with the Australian
Transaction and Reports Analysis Center (AUSTRAC) who
administers the Act and is also the country’s anti-money
laundering regulator and financial intelligence unit. Australia’s
financial system benefits from its global best practices regulatory
regime. AUSTRAC works collaboratively with Australian industries
and businesses in their compliance with anti-money
laundering/counter-terrorism financing (AML/CFT) legislation.
Australia has active interagency task forces, and consultations
with the private sector are frequent. Australian law enforcement
agencies investigate an increasing number of cases that directly
involve offenses committed overseas.

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.
In 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. The Taskforce should 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 2012
(introduction):

(Tier 1)

Australia is primarily a destination country for women subjected to
forced prostitution and to a lesser extent, women and men
subjected to forced labor. Child sex trafficking also occurs with a
small number of Australian citizens, primarily teenage girls,
exploited within the country, as well as some foreign victims. 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 sectors, including the sex trade. 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 Asian organized crime groups recruit Asian
women to migrate to Australia, sometimes on student visas, and
then subsequently coerce them into the sex trade. 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. During the year, one such syndicate relied on the
established informal remittance system hawala as a means to
launder its profits offshore. 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.
Foreign workers in the nursing, meat processing, manufacturing,
agricultural, domestic and seafaring industries, as well as
international students, may be vulnerable to trafficking. During the
year, NGOs and other informed observers reported that some
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
the equivalent of tens of thousands of dollars in placement and
academic fees, as completion of courses often leads to
permanent residency in the country. Some of these foreign
students work in the housekeeping and restaurant industries and
are subject to a restriction of working a maximum of 20 hours per
week under their visas. When some were pushed by employers to
exceed the terms of their visas, they faced the risk of deportation,
making them vulnerable to exploitation by unscrupulous
employers; during the year there were reports of such exploitation
in restaurants and grocery stores near Melbourne.

The Government of Australia fully complies with the minimum
standards for the elimination of trafficking. During the year, the
government continued to prosecute trafficking cases and
obtained a conviction in one case of labor trafficking. Australian
Federal Police (AFP) investigators in Human Trafficking Teams
(HTT) specialized in investigating trafficking offenses as well as
the online sexual exploitation of children. The government
increased funding for its victim support program, and continued to
provide services to victims identified in previous years; however, it
identified 11 victims – six of whom had been subjected to forced
labor – during the year, a decrease from 31 victims identified in
the previous reporting period. The government granted 48
Permanent Witness Protection Visas to victims and their family
members, which allowed them to remain in Australia permanently,
and it continued to undertake robust efforts to prevent trafficking
in Australia and throughout the region.

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
?
 
Ranking
2011
Ranking
2012
 
Corruption (Transparency International)
8 (out of 183)
7 (out of
176)
?
Ease of doing business (World Bank)
15 (out of
183)
10 (out of
185)
?
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.

   Click here to link to all FATF Reports
AUSTRALIA
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
i
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)
 
Government Legislative Actions:  
 
    Criminalised Drug Money Laundering?  The jurisdiction
    has enacted laws criminalizing the offense of money laundering
    related to drug trafficking.
 
    Criminalised Beyond Drugs?  The jurisdiction has extended
    anti-money laundering statutes and regulations to include
    nondrug-related money laundering.
 
    Record Large Transactions?  By law or regulation, banks
    are required to maintain records of large transactions in currency
    or other monetary instruments.
 
    Maintain Records over time?  By law or regulation, banks
    are required to keep records, especially of large or unusual
    transactions, for a specified period of time, e.g.,  five years.
 
    Report Suspicious Transactions?  By law or regulation,
    banks are required to record and report suspicious or unusual
    transactions to designated authorities.
 
    Egmont Financial Intelligence Units?   .The jurisdiction has
    established an operative central, national agency responsible for
    receiving (and, as permitted, requesting), analyzing, and
    disseminating to the competent authorities disclosures of
    financial information concerning suspected proceeds of crime, or
    required by national legislation or regulation, in order to counter
    money launderingThese reflect those  jurisdictions that are
    members of the Egmont Group.
 
    System for Identifying/Forfeiting Assets?  The jurisdiction
    has enacted laws authorizing the tracing, freezing, seizure, and
    forfeiture of assets identified as relating to or generated by money
    laundering activities.
 
    Arrangements for Asset Sharing?  By law, regulation or
    bilateral agreement, the jurisdiction permits sharing of seized
    assets with third party jurisdictions that assisted in the conduct of
    the underlying investigation.
 
    Cooperates with International Law Enforcement?  By law
    or regulation, banks are permitted/required to cooperate with
    authorized investigations involving or initiated by third party
    jurisdictions, including sharing of records or other financial data.
 
    International Transportation of Currency?  By law or
    regulation, the jurisdiction, in cooperation with banks, controls or
    monitors the flow of currency and monetary
 
    Ability to freeze assets without delay?  
 
    Non Bank Financial Institutions?  By law or regulation, the
    jurisdiction requires nonbank financial institutions to meet the
    same customer identification standards and adhere to the same
    reporting requirements that it imposes on banks.
 
    Disclosure Protection - "Safe Harbour"  By law, the
    jurisdiction provides a “safe harbor” defense to banks or other
    financial institutions and their employees who provide otherwise
    confidential banking data to authorities in pursuit of authorized
    investigations.
 
    Criminalised Financing of Terrorism?  The jurisdiction has
    criminalized the provision of material support to terrorists and/or
    terrorist organizations.
 
    States Party to UN 1988 Convention?  States parties to the
    1988 United Nations Convention against Illicit Traffic in Narcotic
    Drugs and Psychotropic Substances, or a territorial entity to which
    the application of the Convention has been extended by a party to
    the Convention.
 
    International Terrorism Financing Convention?  States
    parties to the International Convention for the Suppression of the
    Financing of Terrorism, or a territorial entity to which the
    application of the Convention has been extended by a party to the
    Convention.
 
    Know Your Customer Provisions?  By law or regulation, the
    government requires banks and/or other covered entities to adopt
    and implement Know Your Customer/ Customer Due Diligence
    programs for their customers or clientele.
 
    Reports Suspected Terrorist Financing?  By law or
    regulation, banks and/or other covered entities are required to
    record and report transactions suspected to relate to the financing
    of terrorists, terrorist groups or terrorist activities to designated
    authorities.
 
    Criminalised Tipping Off?  By law, disclosure of the reporting
    of suspicious or unusual activity to an individual who is the subject
    of such a report, or to a third party, is a criminal offense.
 
    States Party to United Nations Transnational Organised
    Crime Convention?  States party to the United Nations
    Convention against Transnational Organized Crime (UNTOC), or
    a territorial entity to which the application of the Convention has
    been extended by a party to the Convention.
 
    States Party to United Nations  Convention Against
    Corruption?  States party to the United Nations Convention
    against Corruption (UNCAC), or a territorial entity to which the
    application of the Convention has been extended by a party to the
    Convention.
 
Know
Your
Country
Last Updated:   10 March 2013