Austrac reviews its rules
Banks and other financial institutions conducting customer due diligence under their anti-money laundering and counter-terrorism financing obligations may soon be able to gather information about a customer from sources other than the customer. Anti-money laundering regulator Austrac has issued some draft rule changes for consultation.The proposed changes cover sources that can be used for customer identification, the use of Western Union account-based money transfers, sale of shares for charitable purposes, and safe harbour arrangements for conducting due diligence on beneficial owners.Customer due diligence. Under current rules, information about a customer collected for customer due diligence must be sourced from the customer. Austrac is proposing to follow the Financial Action Task Force recommendation that verification must come from "reliable, independent source documents, data or information" and not just from the customer.Western Union. Many small authorised deposit taking institutions use Western Union's account-based money transfer system to offer their customers a remittance service.Austrac is proposing to specify Western Union agents as "ordering institutions" (for instructions transmitted into Australia) and "beneficiary institutions" (for instructions transmitted out of Australia). The effect is that international fund transfer instructions made using the account-based money transfer system must be reported to Austrac.Small share parcels. Under the current rules, people who dispose of a small parcel of shares, with the proceeds going to a charity, are exempt from the customer identification requirements if the value of the shares does not exceed A$500.Austrac has proposed that the threshold be increased to $10,000, arguing that it would reduce the regulatory burden.Beneficial owners. Since June 2014 banks and other reporting entities have had to identify the beneficial owners of their customer accounts - any individual or individuals owning more than 25 per cent of an account. Safe harbour procedures for identifying beneficial owners were based on existing safe harbour provisions for customers. Austrac is reviewing whether some of the requirements, such as date of birth, should be mandatory.