________________________________________________________

US State Dept Terrorism Report 2009

No report available

________________________________________________________

AML News / Relevant Information

June 12, 2011  -  Statement on the Economy extracted from 2011
IMF Report

Read Statement (internal link)


Links:

Worldwide AML Legislation (International Bar Association)
 
Higher Risk
 
Medium Risk
 
Info n/a
 
Lower Risk
Bilateral exchange of information
Agreements in place?
    No
Sanctions:

None applicable

____________________________________________________

Offshore Jurisdiction Blacklists:

Information unavailable.

____________________________________________________

US State Department Money Laundering Report - 2011:

Papua New Guinea (PNG) is not a major financial center. It has a
relatively stable banking system closely integrated with the
financial systems of Australia and New Zealand. Smuggling and
public corruption are problems in PNG but there is no evidence
these activities generate substantial funds that are laundered.
PNG is developing mechanisms to combat money laundering and
terrorist financing, but still has a long way to go towards effective
enforcement.

PNG is not a destination country for most drugs of abuse.
Marijuana is the most commonly produced, distributed, and used
illegal drug in PNG, but is seldom trafficked out of the country and
doesn’t usually amount to any significant value necessitating a
sophisticated laundering process. Major sources of illegal
proceeds include corporate non-payment of taxes, undervaluing
extractible exports, and skirting customs regulations. Papua New
Guinea does not have an offshore sector, free trade zone,
informal financial sector, or other area particularly vulnerable to
financial crimes.

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 TERROIRST FINANCING:

Ability to freeze terrorist assets without delay: YES

UN lists of designated terrorists or terrorist entities distributed to
financial institutions:

YES

KNOW-YOUR-CUSTOMER RULES

Covered entities: Financial institutions; gambling houses, casinos,
and lotteries; investment managers; real estate agents; dealers in
antiquities; money brokers; attorneys when acting for a client on a
financial or real estate transaction; accountants when receiving
funds in the course of business relating to deposits, investments
or other prescribed business

Enhanced due diligence procedures for PEPs: Foreign: NO
Domestic: NO

SUSPICIOUS TRANSACTION REPORTING REQUIREMENTS

Covered entities: Financial institutions; gambling houses, casinos,
and lotteries; investment managers; real estate agents; dealers in
antiquities; money brokers; attorneys when acting for a client on a
financial or real estate transaction; accountants when receiving
funds in the course of business relating to deposits, investments
or other prescribed business

Number of STRs received and time frame: 1,094 in 2010

Number of CTRs received and time frame: Not available

MONEY LAUNDERING CRIMINAL
PROSECUTIONS/CONVICTIONS

Prosecutions: None

Convictions: None

Assets forfeited: criminally: None civilly: 1.3 million Kina
(approximately $504,000) in 2010

RECORDS EXCHANGE MECHANISM

With U.S.: YES

With other governments/jurisdictions: YES

Papua New Guinea is a member of the Asia/Pacific Group on
Money Laundering, a Financial Action Task Force (FATF)-style
regional body. Papua New Guinea was scheduled to undergo a
World Bank-led mutual evaluation in late 2010.

ENFORCEMENT AND IMPLEMENTATION ISSUES AND
COMMENTS

Papua New Guinea’s legal system is still developing and
transitioning from traditional law and order systems based on
tribal seniority and indigenous customs. Western-style legislation
is being generated, but enforcing agencies significantly lack the
training, funding, assets, experience, and, in many cases,
education to successfully combat sophisticated organized crime.
Australian authorities partner closely with PNG counterparts to
advise and build capacity in these regards.

The Government of Papua New Guinea should continue its work
to develop procedures to conform to international anti-money
laundering/counter-terrorist financing programs and standards.
PNG law enforcement, specifically the Financial Intelligence Unit
and Prosecutor’s office should work to identify, disrupt, and
prosecute suspected money laundering operations. Papua New
Guinea should become a party to the UN Convention against
Transnational Organized Crime and the 1988 UN Drug
Convention.

______________________________________________

US State Dept Narcotics Report 2011 (introduction):

No report available

____________________________________________________

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

(Tier 3)

Papua New Guinea is a source, destination, and transit country
for men, women, and children subjected to sex trafficking and
forced labor. Women and children are subjected to sex trafficking
and domestic servitude; trafficked men are forced to labor in
logging and mining camps. Children, especially young girls from
tribal areas, are most vulnerable to commercial sexual exploitation
or subjected to forced labor by members of their immediate family
or tribe. Families traditionally sell girls into forced marriages to
settle their debts, leaving them vulnerable to forced domestic
service, and tribal leaders trade the exploitative labor and service
of girls and women for guns and political advantage. Young girls
sold into marriage are often forced into domestic servitude for the
husband’s extended family. In more urban areas, some children
from poorer families are prostituted by their parents or sold to
brothels. Migrant women and teenage girls from Malaysia,
Thailand, China, and the Philippines are subjected to sex
trafficking and men from China are transported to the country for
forced labor.

Asian crime rings, foreign logging companies, and foreign
businessmen arrange for some women to voluntarily enter Papua
New Guinea with fraudulently issued tourist or business visas.
Subsequent to their arrival, smugglers turn many of the women
over to traffickers who transport them to logging and mining
camps, fisheries, and entertainment sites where they are exploited
in forced prostitution and domestic servitude. Foreign and local
men are exploited for labor at mines and logging camps, where
some receive almost no pay and are compelled to continue
working for the company indefinitely through debt bondage
schemes. Employers foster workers’ greater indebtedness to the
company by paying the workers sub-standard wages while
charging them artificially inflated prices at the company store;
employees’ only option becomes to buy food and other
necessities on credit. Government officials facilitate trafficking by
accepting bribes to allow illegal migrants to enter the country or to
ignore victims forced into prostitution or labor, by receiving female
trafficking victims in return for political favors, and by providing
female victims in return for votes.

The Government of Papua New Guinea does not fully comply with
the minimum standards for the elimination of trafficking and is not
making significant efforts to do so. Despite the government’s
acknowledgement of trafficking as a problem in the country, the
government did not investigate any suspected trafficking
offenses, prosecute or convict any trafficking offenders under
existing laws, address allegations of officials complicit in human
trafficking crimes, or identify or assist any trafficking victims during
the year.

For full report click here
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
 
?
Is it on EU 'white' list of equivalent jurisdictions?
N
?
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)
M
?
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?
N
 
-  Cooperates with International Law Enforcement?
Y
 
-  International Transportation of Currency?
Y
 
-  Ability to Freeze Terrorist Assets w/o Delay?
N
 
-  Disclosure Protection "Safe Harbor"?
N
 
-  Criminalized Financing of Terrorism?
N
 
-  States Party to 1988 UN Convention?
N
 
-  International Terrorism Financing Convention?
Y
 
 
Ranking
2011
Ranking
2010
 
Corruption (Transparency International)
154 (out of
183)
154 (out
of 178)
?
Ease of doing business (World Bank)
101 (out of
183)
103 (out
of 183)
?
PAPUA NEW GUINEA
KnowYourCountry
-  Know Your Customer Provisions
Y
 
-  Criminalized Tipping Off?
N
 
-  Report Suspected Terrorist Financing?
N
 
-  State Party to United Nations TOC?
N
 
-  State Party to United Nations CAC?
Y
 
Local AML News / Sanctions
Tax Information
Business Information
C
L
P
N
N/A
    C  -  Fully Compliant ,   
    L  -  Largely Compliant,    
    P  -  Partially Compliant    
    N  -  Non-Compliant
2
6
19
22
0
Legal Systems
 
1. Money Laundering Offence
P
 
14. Protection & no tipping-off
L
2. ML offence – mental element and
corporate liability
P
 
15. Internal controls,
compliance & audit
P
3. Confiscation and provisional
measures
P
 
16. DNFBP – R.13-15 & 21
N
4. Secrecy laws consistent with the
Recommendations
L
 
17. Sanctions
N
5. Customer due diligence
N
 
18. Shell banks
N
6. Politically exposed persons
N
 
19. Other forms of reporting
C
7. Correspondent banking
N
 
20. Other NFBP & secure
transaction techniques
C
8. New technologies & non
face-to-face business
N
 
21. Special attention for
higher risk countries
N
9. Third parties and introducers
N
 
22. Foreign branches &
subsidiaries
N
10. Record keeping
P
 
23. Regulation, supervision
and monitoring
N
11. Unusual transactions
N
 
24. DNFBP - regulation,
supervision and monitoring
N
12. Designated Non-Financial
Businesses and Professions –
R.5, 6, 8-11
N
 
25. Guidelines & Feedback
P
13. Suspicious transaction reporting
P
     
Institutional and other
measures
 
26. The FIU
N
 
31. National co-operation
P
27. Law enforcement authorities
P
 
32. Statistics
N
28. Powers of competent authorities
P
 
33. Legal persons –
beneficial owners
P
29. Supervisors
N
 
34. Legal arrangements –
beneficial owners
P
30. Resources, integrity and training
N
 
 
 
International Co-operation
 
35. Conventions
P
 
38. MLA on confiscation and
freezing
L
36. Mutual legal assistance (MLA)
P
 
39. Extradition
L
37. Dual criminality
L
 
40. Other forms of
co-operation
L
Nine Special
Recommendations
 
SR.I Implement UN instruments
N
 
SR VI AML requirements for
money/value transfer services
P
SR.II Criminalise terrorist financing
P
 
SR VII Wire transfer rules
P
SR.III Freeze and confiscate
terrorist assets
N
 
SR.VIII Non profit
organisations
N
SR.IV Suspicious transaction
reporting
P
 
SR.IX Cross Border
Declaration & Disclosure
N
SR.V International co-operation
P
 
 
 
*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.
FATF 40 + 9 recommendations
Mutual Evaluation Report: 2011
Key Findings on 2011 MER

1.      Papua  New  Guinea  (PNG)  faces  very  serious  risks  of  ML  
from  various  criminal  activities including  domestic  corruption   
(misappropriation  of  public  funds),  which  is  considered  a  serious
problem. PNG is experiencing rapid economic  growth, very large
scale foreign investment and an escalating crime rate. While the
Financial Intelligence Unit (FIU) is building its capacity, there is no
clear political level commitment to ‘follow the money’ to tackle
corruption and other crimes, and no demonstrated commitment to
regulate and supervise AML obligations by financial sector
regulators, which severely hampers the authorities ability to tackle
financial aspects of corruption.  

2.      Misappropriation of government funds occurs using
government payments which, according to the  authorities,  are  
generally  placed  through  the  banking  sector  in  PNG  and  used  
to  purchase  real estate, high-value vehicles, distributed in cash or
moved offshore. The techniques to launder proceeds from  other  
large-scale  crimes  in  PNG  such  as  illegal  logging,  arms  
trafficking,  and  fraud  are  less clear. There is no indication of TF
risks in PNG.  

3.      The FIU has minimal resources, currently the FIU has only
three staff, having started out three years ago with seven. It has not
been given a formal structure within the Police force. It cannot fulfil
the  role  it  should  be  playing  in  developing  the  national AML  
system  and  receiving,  analysing  and disseminating reports.  

4.      Despite hard work by the FIU and some initial results to pursue
proceeds of crime by the OPP, the authorities lack a systematic focus
on the concept of ‘follow the money’ to tackle profit driven crime.  
The  authorities  have  good  information  on  the  volume  and  
techniques  of  laundering  the proceeds of large scale corruption,
but a lack of political will, poor inter-agency cooperation, lack of
resources  and  concerns  over  undue  influence  undermine  the  
efforts  of  the  few  agencies  actively pursuing ML and proceeds of
crime in PNG. Trust between agencies is low.

5.      PNG  has  formally  required  its  financial  sector  to  adopt  
basic  anti-money  laundering  / combating the financing of terrorism
(AML/CFT) preventive measures for several years, however the
obligations are only heeded by the banking sector and postal
service. In depth AML/CFT obligations have  not  been  issued  by  
any  regulator  and  supervision  and  enforcement  of  the  existing  
AML/CFT requirements  has  not  yet  taken  place.  In  practice,  the  
levels  of  implementation  of  customer  due diligence  (CDD),  
internal  controls  and  suspicious  transaction  reporting  in  the  
banking  sector  are higher  than  the  national  requirements  due  
to  group-compliance  policies  (foreign  subsidiaries)  and efforts  to  
adopt  best  practices.  Papua  New  Guinea  has  not  yet  
commenced  supervision  and enforcement of AML/CFT requirements
and key regulators have been notably absent from efforts to
regulate and supervise for AML/CFT.

Click here to view Mutual Evaluation Report (pdf file)
Further Tables
Last Updated:   16 April 2012