Under new laws, accountants, real estate agents, lawyers/conveyancers and high-value dealers will be required to join the fight against money laundering and terrorism financing. Reforms are likely to be introduced in early 2025 and take effect by mid-2025, so businesses should begin preparing and ensuring their processes are ready.
Global concerns about money laundering and the financing of terrorism are rising. Financial crime is increasingly seen as a major issue, with annual costs estimated between US$1.6 trillion and US$3.1 trillion. In response to this growing threat, the Australian Government passed the Anti-Money Laundering and Counter-Terrorism Financing Act in 2006. The legislation targeted high-risk sectors such as banks, financial institutions, cash carriers, bullion dealers, casinos, remittance services, and stored value card providers.
However, the laws left loopholes that allowed criminal activity to persist, particularly by excluding certain "high-risk" professions outside Australia's traditional financial system, including lawyers, accountants, real estate agents, dealers in high-value goods, and trust and company service providers. These groups, collectively known as designated non-financial businesses and professions (DNFBPs), or "tranche two" entities, are often referred to as "gatekeepers."
Upcoming legislation aims to close these gaps by requiring tranche two entities to adopt the same measures as tranche one businesses to combat money laundering and terrorism financing. This will involve implementing risk management programs, conducting customer due diligence, monitoring transactions for suspicious activity, and registering with AUSTRAC (Australian Transaction Reports and Analysis Centre).
Select your profession below for a deeper dive into how Trache 2 will affect your business.
AUSTRAC requires financial advisors and their Licensees to perform customer identification (verification) and check for Money Laundering (ML) alerts before providing any financial advisory services.
KYC (Know Your Customer) compliance in financial planning involves a set of verification processes that include client ID verification, as well as AML checks. These procedures ensure that your firm or Licensee meets legal and regulatory requirements. Failure to adhere to these requirements may result in fines and license revocation.
Anti-Money Laundering (AML) screening is a process used by financial services and other regulated industries to prevent and detect illegal activities, specifically money laundering. AML screening involves checking the background of customers to ensure they are not involved in these activities or connected to any known criminals or entities on international watchlists.
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AML (anti-money laundering) screening checks customers using multiple types of sources (sanctions, PEPs lists, etc.) to check if they’re on sanctions lists, involved in money laundering/financial crime, and so on. To optimize the process, companies use AML user screening software which decreases manual workload and speeds up user checks.
Sanction list and watchlist screening is the process of checking individuals and entities against various databases, such as sanctions lists, politically exposed persons (PEP) lists, terrorist watchlists, and more. This helps prevent individuals or entities that may be involved in money laundering, terrorist financing, or other illegal activities from becoming customers. To do this, businesses often use specialised AML screening software.
Businesses are required to perform sanction screening by AML regulations. The process involves checking customers through sanctions databases allows businesses to prevent financial crimes by detecting persons who are high-risk or compromised. To automate this process, companies use sanction screening software that allows them to save time and get notified of updates to sanction lists.
In order to comply with regulations and mitigate risks, businesses need to screen customers, business partners, and any other relevant parties against sanctions lists. This helps avoid potential involvement with individuals or entities involved in prohibited or restricted activities. Sanction checking also allows to ensure a safe and compliant business environment.
PEP screening is not universally mandatory, but is often required by regulatory bodies in many sectors. Screening politically exposed persons (PEPs) helps identify individuals who hold influential or prominent public positions, reducing the risks associated with corruption, bribery, and money laundering. Specific requirements may vary depending on the jurisdiction and industry in which your company operates. To meet these requirements, companies use automated PEP screening solutions.