Businesses who are Reporting Entities under the AML/CTF Act have variety of obligations imposed by the law.
Reporting Entities must enrol and/or register with AUSTRAC by completing the Australian Business Profile Form
All Reporting Entities are required to adopt an AML/CTF Program
Reporting Entities have a variety of obligations in relation to Reporting, Risk management, Customer Due Diligence, and Record Keeping
Most Reporting Entities are required to submit an annual compliance report to AUSTRAC
What are your AML/CTF Obligations
How can Sophie Grace Assist you?
Developing an AML/CTF Program
Making amendments to your existing AML/CTF Program
Identification of money laundering and terrorism financing risks
Development of a framework to identify suspicious matters
Processes for monitoring and reporting transactions
Initial and ongoing customer due diligence procedures
Enhanced customer due diligence procedures
Personnel due diligence procedures
With a long list of obligations, ensuring your business is compliant with its AML/CTF obligations can be daunting. This is where Sophie Grace can assist you. We can help with many aspects of AML/CTF compliance so you can ensure you are meeting your obligations.
Risk Assessment and Management
Assessing the ML/TF risks which impact your business, and developing measures to address these risks, is a key obligation for all reporting entities.
A risk assessment should include an assessment of:
- the customers a reporting entity deals with;
- the products and services a reporting entity provides;
- the delivery methods utilised to provide those products and services;
- the countries and jurisdictions a reporting entity deals with.
In assessing the money laundering, terrorism financing and proliferation financing (“ML/TF/PF“) risk which it faces, reporting entities must:
Customer Due Diligence Requirements
All reporting entities must have procedures in place to identify and verify their customers. Customer due diligence obligations include:
- Initial customer due diligence, to be completed when the customer is onboarded; and
- Ongoing customer due diligence, to be completed throughout the duration of the customer relationship.
Initial Customer Due Diligence
Reporting entities must determine:
- the Know Your Customer (“KYC”) information they will collect to satisfy initial customer due diligence obligations, and
- whether any enhanced KYC information should be carried out.
Identification and verification of your customers’ KYC information is essential in order to:
- determine the money laundering and terrorism financing risks posed by each customer;
- determine whether to proceed to onboard the customer; and
- assess the type and frequency of ongoing customer due diligence which is required for the customer.
Reporting entities must collect KYC information from all new customers. These are broken down according to their category and have specific requirements in the AML/CTF Rules:
Individuals
Sole Traders
Companies
Partnerships
Trusts
Individuals
Associations
Government Bodies
Reporting entities are also required to verify some, or all, of the KYC information collected. This process is intended to ensure the information provided is confirmed by the reporting entity as being accurate. Reporting entities should determine the KYC information to be verified and the method for verification based on their risk assessment.
Ongoing Customer Due Diligence
The AML/CTF Act also requires reporting entities to undertake ongoing customer due diligence – that is, regular monitoring of customers’ transactions and documenting what triggers you have to request further or updated identification from your clients.
If you would like further information or assistance, please contact Sophie Grace directly.