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Anti-Money Laundering (AML) and Counter-Terrorist Financing (CFT) Policy for Financial Institutions in Nauru
Key Objectives
The primary objectives of this policy are to:
- Prevent and combat money laundering and terrorist financing
- Ensure compliance with international standards and best practices
Key Definitions
Shell Banks
- Permitted to operate in Nauru, but must comply with AML/CFT regulations
- Must meet the requirements set out in the Anti-Money Laundering and Counter-Terrorist Financing Act 2018
Senior Management
- Includes directors and key employees who oversee the entity’s proper conduct
- Responsible for ensuring compliance with AML/CFT regulations
AML/CFT Obligations
Financial institutions must:
- Report suspicious transactions to the Nauru Financial Intelligence Unit (FIU)
- Comply with customer due diligence requirements
- Failure to comply can result in penalties of up to $200,000 or 2 years imprisonment for individuals, or $1,000,000 for body corporates
Senior Management Liability
Directors and senior management may be held liable for offences committed by the entity if they had:
- Actual knowledge of the offence
- Reckless disregard for the offence
- Given authority, permission, or consent to acts that constitute an offence
Agencies Involved in Implementing the Policy
The following agencies are involved in implementing this policy:
- Minister for Finance
- Registrar of Banks
- Nauru Financial Intelligence Unit (FIU)
- Registrars of Business Names, Corporations, Partnerships, or Trusts
- Authority established under Beneficial Ownership Act 2017
International Cooperation
Nauru is not a member of the following international organizations:
- Basel Committee on Banking Supervision Principles (Basel Principles)
- International Association of Insurance Supervisors (IAIS)
- International Organisation of Securities Commissions (IOSC)
However, Nauru will adopt international standards and principles through laws developed to regulate financial institutions in Nauru.
Conclusion
The AML/CFT policy is designed to prevent and combat money laundering and terrorist financing in Nauru. Financial institutions must comply with the requirements of the law to detect and prevent contravening acts.
Contact Details
For further information, please contact:
- Andrew Keith (Deputy Secretary Department of Finance): andrew.keith@auspacpartnerships.com.au
- Janmai Jay Udit (Registrar Business Names, Corporations, Partnerships or Trusts and Authority for Beneficial Ownership): jjjjudit4@gmail.com
- Rajas Swamy (Supervisor – Financial Intelligence Unit): rajasswamy@gmail.com