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:

Tonga is an archipelago located in the South Pacific, about two-
thirds of the way from Hawaii to New Zealand. Tonga is neither a
financial center nor an offshore jurisdiction. It has only three
commercial banks. Remittances from Tongans living and working
abroad are the largest source of hard currency earnings, followed
by tourism. Tonga is deemed by local police authorities to be
vulnerable to smuggling and money laundering due to inadequate
border controls.

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: YES

KNOW-YOUR-CUSTOMER RULES:

Covered entities: Banks

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

SUSPICIOUS TRANSACTION REPORTING REQUIREMENTS:

Covered entities: Banks

Number of STRs received and time frame: 17 in 2009

Number of CTRs received and time frame: Not available

MONEY LAUNDERING CRIMINAL
PROSECUTIONS/CONVICTIONS:

Prosecutions: 0 in 2010

Convictions: None

Assets forfeited: criminally: Not available civilly: Not available

RECORDS EXCHANGE MECHANISM:

With U.S.: NO

With other governments/jurisdictions: NO

Tonga 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/default.aspx?
DocumentCategoryID=17

ENFORCEMENT AND IMPLEMENTATION ISSUES AND
COMMENTS:

The Tongan Transaction Reporting Authority (TRA) is generally
vested with the powers of a financial intelligence unit (FIU)
although there are some serious limitations in its powers. The
TRA’s functions under the Money Laundering and Proceeds of
Crime Act do not explicitly include analysis of suspicious
transaction reports (STRs); and lack of timely access to financial,
administrative and law enforcement information severely limits the
TRA’s ability to effectively analyze STRs.

Tongan authorities feel a primary reason why there is a lack of
investigations into money laundering is that there are insufficient
resources and expertise in most of the relevant agencies. Money
laundering activities may be occurring outside of the formal
banking system by way of alternative remittance systems.

____________________________________________________

US State Dept Narcotics Report 2011 (introduction):

No report available

____________________________________________________

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

(Tier 2)

Tonga is a source and destination country for women and
children subjected to sex trafficking within the country and a
source country for women subjected to forced labor abroad.
Foreign women and local children are prostituted in bars and
entertainment establishments; some East Asian women are
recruited from their home countries for legitimate work in Tonga,
paying large sums of money in recruitment fees, and upon arrival
are forced into prostitution. Crew members on foreign fishing
vessels in Tonga or in its territorial waters exploit prostituted
children on board their vessels. There were suspected cases of
Tongan nationals who were recruited for domestic work abroad,
but subsequently had their passports confiscated and were forced
to work with no pay.

The Government of Tonga does not fully comply with the minimum
standards for the elimination of trafficking; however, it is making
significant efforts to do so. During the year, the government
investigated and prosecuted its first case of trafficking involving
two Chinese victims of forced prostitution, and provided these
victims with some limited services. Nevertheless, the government
did not take steps to proactively identify other victims of trafficking
or educate the public about human trafficking.

Click here to view full report

____________________________________________________

US State Dept Terrorism Report 2009

No report available

____________________________________________________

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
 
?
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
 
-  Financial Intelligence Unit?
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?
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)
95 (out of
180)
101 (out
of 178)
?
Ease of doing business (World Bank)
58 (out of
183)
71 (out of
183)
?
C
L
P
N
N/A
    C  -  Fully Compliant ,   
    L  -  Largely Compliant,    
    P  -  Partially Compliant    
    N  -  Non-Compliant
0
4
26
18
1
Legal Systems
 
1. Money Laundering Offence
P
 
14. Protection & no tipping-off
P
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
P
 
17. Sanctions
P
5. Customer due diligence
N
 
18. Shell banks
P
6. Politically exposed persons
P
 
19. Other forms of reporting
N
7. Correspondent banking
P
 
20. Other NFBP & secure
transaction techniques
N
8. New technologies & non
face-to-face business
P
 
21. Special attention for
higher risk countries
N
9. Third parties and introducers
N
 
22. Foreign branches &
subsidiaries
N/A
10. Record keeping
N
 
23. Regulation, supervision
and monitoring
P
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
N
13. Suspicious transaction reporting
P
     
Institutional and other
measures
 
26. The FIU
P
 
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
N
30. Resources, integrity and training
P
 
 
 
International Co-operation
 
35. Conventions
P
 
38. MLA on confiscation and
freezing
P
36. Mutual legal assistance (MLA)
P
 
39. Extradition
N
37. Dual criminality
L
 
40. Other forms of
co-operation
P
Nine Special
Recommendations
 
SR.I Implement UN instruments
N
 
SR VI AML requirements for
money/value transfer services
P
SR.II Criminalise terrorist financing
N
 
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
 
 
 
FATF 40 + 9 recommendations
Mutual Evaluation Report: 2008
*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.
Further Tables
TONGA
KnowYourCountry
-  Know Your Customer Provisions
Y
 
-  Criminalized Tipping Off?
Y
 
-  Report Suspected Terrorist Financing?
Y
 
-  State Party to United Nations TOC?
N
 
-  State Party to United Nations CAC?
N
 
Local AML News / Sanctions
Tax Information
Business Information
Last Updated:   16 April 2012