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Summary of Palau’s Anti-Money Laundering and Combating the Financing of Terrorism Report
The report assesses Palau’s implementation of Anti-Money Laundering (AML) and Combating the Financing of Terrorism (CFT) measures. While Palau has strengthened its AML/CFT legislative framework, there are significant deficiencies in its implementation.
Key Areas for Improvement
- Legislative Coverage: The money laundering offense is not fully covered by the Money Laundering and Proceeds of Crime Act (MLPCA), with only half of the 20 FATF-designated categories of predicate offenses included.
- Customer Due Diligence: The amended MLPCA does not cover preventive measures in a satisfactory manner, including customer due diligence, record keeping, monitoring of transactions and relationships, and supervisory and oversight systems.
- Financial Intelligence Unit (FIU): The FIU has been relocated to the Financial Institutions Commission (FIC) but lacks dedicated resources, staffing, and standard operating procedures.
- Freezing of Terrorist Assets: Palauan law does not adequately address the freezing of terrorist assets under UNSCRs 1267 and 1373.
Key Recommendations
- Expedite implementation of the amended MLPCA and provide additional resources to ensure AML/CFT compliance.
- Enhance customer due diligence, record keeping, monitoring of transactions and relationships, and supervisory and oversight systems.
- Provide dedicated staffing and resources to the FIU, including standard operating procedures on STR analysis and dissemination.
- Improve access to information from reporting entities without a court order.
- Establish procedures for disseminating designations pursuant to UNSCRs 1267 and 1373.
Overall Assessment
The report concludes that Palau has made efforts to strengthen its AML/CFT legislative framework but faces significant challenges in implementing these measures effectively. To address these deficiencies, Palau must allocate additional resources to ensure compliance with international standards and best practices.