Financial Crime World

Anti-Money Laundering and Targeted Financial Sanctions (AML-TFS) Act 2023: A Guide for Designated Non-Financial Business and Professions (DNFBPs) in Nauru

Introduction

The Anti-Money Laundering and Targeted Financial Sanctions (AML-TFS) Act 2023 in Nauru is a comprehensive framework that aims to prevent money laundering, terrorism financing, and proliferation financing. This guide is specifically designed for Designated Non-Financial Business and Professions (DNFBPs) operating in Nauru, outlining their registration requirements, compliance obligations, and adherence to relevant FATF recommendations.

Registration of Businesses

As a DNFBP, you are required to register your business under one of the following acts:

  • Business Names Registration Act 2018: This act regulates the registration of businesses in Nauru.
  • Partnership Act 2018: If your business is a partnership, you must register it under this act.
  • Corporations Act 1972: Companies operating in Nauru must be registered under this act.
  • Trusts Act 2018: Trusts established in Nauru must also be registered under this act.

Compliance with Part 4 of AML-TFS Act

Once you have registered your business, you must comply with Part 4 of the AML-TFS Act 2023. This includes:

  • Implementing Anti-Money Laundering and Counter-Financing of Terrorism (AML/CFT) measures: You must establish effective systems to prevent money laundering and terrorism financing.
  • Conducting Customer Due Diligence (CDD): You must collect and verify customer information to ensure you understand their business activities and risks.
  • Monitoring transactions: You must continuously monitor your customers’ transactions to identify any suspicious activity.

FATF Recommendations

DNFBPs in Nauru are required to adhere to the following FATF recommendations:

  • Simplified Due Diligence Guidelines: These guidelines outline simplified customer due diligence measures for low-risk customers.
  • High-Risk Countries Guidelines: This guideline provides guidance on assessing and managing high-risk countries.
  • Fit-and-Proper Person Criteria: You must ensure that your employees, directors, and owners are fit and proper to perform their roles.
  • Beneficial Ownership Guide: You must identify and verify the beneficial ownership of customers.
  • Non-Government or Non-Profit Organisation Best Practice Guide: This guide provides best practices for non-governmental organizations (NGOs) and non-profit organizations (NPOs).
  • Virtual Asset Service Provider Policy: If you provide virtual asset services, you must comply with this policy.
  • Anti-Money Laundering and Targeted Financial Sanctions (Financing of Terrorism and Proliferation Financing) Regulations: You must comply with these regulations to prevent money laundering and terrorism financing.

Contact for Assistance

If you need guidance on implementing your obligations under Part 4 of the AML-TFS Act 2023, you can contact the Financial Intelligence Unit (FIU). They provide support and resources to help you comply with the requirements.