>
 
Higher Risk
 
Medium Risk
 
Info n/a
 
Lower Risk
Bilateral exchange of
information Agreements in
place?
Australia, Denmark, Faroes, Finland, France,
Greenland, Iceland, Mexico, Netherlands, New
Zealand, Norway, Sweden
Sanctions:

None applicable.

____________________________________________________

Offshore Jurisdiction Blacklists:

As a recognised offshore finance jurisdiction this country may fall
under various country offshore jurisdiction blacklists.

____________________________________________________

US State Department Money Laundering Report - 2011:

The Cook Islands is not a regional financial center and has no
free trade zones. The Cook Islands substantial offshore financial
sector is an important part of the country’s economy, but also
represents its most significant vulnerability to money laundering
and terrorist financing activities. The Government of the Cook
Islands (GOCI) has taken steps to reduce the risks presented by
both the offshore sector and its small domestic financial sector.
The GOCI has significantly enhanced supervision of both sectors
in the past three years, including the performance of annual on-
site examinations of all domestic and offshore financial institutions.

The large offshore financial sector developed from legislation
enacted in the early 1980s, which allowed the operation of
international companies and trusts, including offshore banks and
insurance companies. All offshore business conducted from the
Cook Islands must be channeled through registered trustee
companies. Currently there are six registered trustee companies
and four international banks. One of the domestic banks also has
an international license. The industry provides a wide range of
trustee and corporate services to offshore investors with a tax
rate for all offshore entities of zero, guaranteeing tax neutrality.

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

Legal persons covered: criminally: YES civilly: YES

CRIMINALIZATION OF TERRORIST FINANCING:

Ability to freeze terrorist assets without delay: YES

UN lists of designated terrorists or terrorist entities distributed to
financial institutions: NO

KNOW-YOUR-CUSTOMER RULES:

Covered entities: banks (domestic and offshore), offshore
insurers and trustee companies

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

SUSPICIOUS TRANSACTION REPORTING REQUIREMENTS:

Covered entities: banks (domestic and offshore), offshore
insurers and trustee companies

Number of STRs received and time frame: 58

Number of CTRs received and time frame: 1,845

MONEY LAUNDERING CRIMINAL
PROSECUTIONS/CONVICTIONS:

Prosecutions: None

Convictions: None

Assets forfeited: criminally: Not available civilly: Not available

RECORDS EXCHANGE MECHANISM:

With U.S.: YES

With other governments/jurisdictions: YES

The Cook Islands is a member of the Asia/Pacific Group on Money
Laundering (APG), a Financial Action Task Force (FATF)-style
regional body. Its most recent mutual evaluation can be found
here: http://www.apgml.org/documents/docs/17/Cook%20Islands%
20MER-%20final%20140809.pdf

ENFORCEMENT AND IMPLEMENTATION ISSUES AND
COMMENTS:

The Cook Islands has a generally well-supervised financial
industry. Large cash transactions involving locally generated
funds are immediately apparent, and suspicious transactions are
reported to the CIFIU for further review. The proceeds of domestic
crime are generally small. There is evidence of concealment
stemming from drug and misappropriation cases, with total
proceeds that are significant relative to the size of the economy.

The Cook Islands tightened its legislation and regulations to more
closely reflect international standards. GOCI officials note that the
remaining money laundering and terrorist financing risks stem
from the lower Know Your Customer (KYC) standards and the
provision of false information to Cook Islands financial institutions
by businesses and customers in other jurisdictions, particularly in
Asia.

The Cook Islands should become party to the UN Convention
against Corruption, and ensure that the UN lists of designated
terrorists or terrorist entities are distributed to financial institutions
regularly.

____________________________________________________

US State Dept Narcotics Report 2011 (introduction):

No report available

____________________________________________________

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

No report available

____________________________________________________

US State Dept Terrorism Report 2009

No report available
____________________________________________________

AML / News Updates

September 20, 2010  -  Cook Islands uplifted to OECD
implementation of tax standard white list.

View current list.......


Links:

Worldwide AML Legislation (International Bar Association)
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?
N
?
Offshore Finance Center (Original IMF List)?
Y
?
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)
C
?
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 Terrorist 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
2009
Ranking
2010
 
Corruption (Transparency International)
N/A
N/A
?
Ease of doing business (World Bank)
N/A
N/A
?
FATF 40 + 9 recommendations
Mutual Evaluation Report: 2009
Further Tables
C
L
P
N
N/A
    C  -  Fully Compliant ,   
    L  -  Largely Compliant,    
    P  -  Partially Compliant    
    N  -  Non-Compliant
4
25
19
0
1
Legal Systems
 
1. Money Laundering Offence
L
 
14. Protection & no tipping-off
C
2. ML offence – mental element and
corporate liability
L
 
15. Internal controls,
compliance & audit
L
3. Confiscation and provisional
measures
P
 
16. DNFBP – R.13-15 & 21
P
4. Secrecy laws consistent with the
Recommendations
C
 
17. Sanctions
P
5. Customer due diligence
P
 
18. Shell banks
P
6. Politically exposed persons
L
 
19. Other forms of reporting
C
7. Correspondent banking
P
 
20. Other NFBP & secure
transaction techniques
L
8. New technologies & non
face-to-face business
P
 
21. Special attention for
higher risk countries
P
9. Third parties and introducers
L
 
22. Foreign branches &
subsidiaries
N/A
10. Record keeping
L
 
23. Regulation, supervision
and monitoring
L
11. Unusual transactions
L
 
24. DNFBP - regulation,
supervision and monitoring
P
12. Designated Non-Financial
Businesses and Professions – R.5,
6, 8-11
P
 
25. Guidelines & Feedback
L
13. Suspicious transaction reporting
L
     
Institutional and other
measures
 
26. The FIU
L
 
31. National co-operation
L
27. Law enforcement authorities
P
 
32. Statistics
L
28. Powers of competent authorities
L
 
33. Legal persons – beneficial
owners
P
29. Supervisors
P
 
34. Legal arrangements –
beneficial owners
P
30. Resources, integrity and training
P
 
 
 
International Co-operation
 
35. Conventions
L
 
38. MLA on confiscation and
freezing
L
36. Mutual legal assistance (MLA)
L
 
39. Extradition
L
37. Dual criminality
L
 
40. Other forms of
co-operation
L
Nine Special
Recommendations
 
SR.I Implement UN instruments
L
 
SR VI AML requirements for
money/value transfer services
P
SR.II Criminalise terrorist financing
L
 
SR VII Wire transfer rules
P
SR.III Freeze and confiscate terrorist
assets
L
 
SR.VIII Non profit
organisations
P
SR.IV Suspicious transaction
reporting
C
 
SR.IX Cross Border
Declaration & Disclosure
P
SR.V International co-operation
L
 
 
 
*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.
COOK ISLANDS
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?
N
 
Local AML News / Sanctions
Tax Information
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Last Updated:   16 April 2012