AUSTRAC vrs CBA the Statement of Agreed Facts & Admissions
Paddy Oliver’s Presentation on 14th June 2018
New Zealand lawyers face AML obligations from 1 July 2018, accountants later in the year. Perhaps there Australian colleagues will over the next decade.
I was fortunate enough to be on the speaking panel for the Thompson Reuters AML Conference last week in Auckland. Over 70 lawyers, accountants, and other interested people attend this conference to hear from the New Zealand Police FIU, the Department of Internal Affairs (the supervisor), and several AML subject matter experts.
This article discusses some of the lessons from the authors’ years of experience conducting independent review of AML/CTF programs, and AUSTRAC’s publication ‘Insights from Compliance Assessments: Good Business Practices and Areas for Improvement’ of December 2016.
The AML/CTF laws require designated service providers to maintain an AML/CTF Program and undertake for regular independent review of Part A of that program (which necessarily also entails some examination of the operation of Part B (Customer due diligence)).
Immunity curtailed under changes to AML Act S169. When you are providing information to AUSTRAC you might think you have immunity from prosecution under S169. Think again. This self-incrimination privilege has recently been severely curtailed.