Compliance
Australian Regulator Starts Legal Case Vs Bank For AML, Terrorism Finance Rule Breaches

The breaches equated to a total of A$77 million, the organisation said in its statement explaining the case.
Australia’s financial intelligence and regulatory agency,
AUSTRAC, has kicked
off civil penalty proceedings against Commonwealth
Bank of Australia for "serious and systemic non-compliance"
with rules to stop money laundering and terrorism finance.
AUSTRAC alleges that the bank failed to report suspicious matters
either on time or at all involving transactions totalling over
A$77 million ($61.2 million).
The case has been taken in Australia's federal court, the agency
said yesterday in a statement. The announcement comes after
AUSTRAC probed CBA's compliance, particularly over its use of
"intelligent deposit machines". The agency said there were 53,700
breaches of the the Anti-Money Laundering and Counter-Terrorism
Financing Act 2006 (AML/CTF Act).
"We have been in discussions with AUSTRAC for an extended period
and have cooperated fully with their requests. Over the same
period we have worked to continuously improve our compliance and
have kept AUSTRAC abreast of those efforts, which will continue,"
the bank said in a statement. "We take our regulatory obligations
extremely seriously and we are one of the largest reporters to
AUSTRAC. On an annual basis we report over four million
transactions to AUSTRAC in an effort to identify and combat any
suspicious activity as quickly and efficiently as we can."
Setting out its claim, AUSTRAC said the bank didn't comply with
its own AML/CTF programme, because it did not carry out any
assessment of the money laundering and terrorism financing
(ML/TF) risk of IDMs before their rollout in 2012. "CBA took no
steps to assess the ML/TF risk until mid-2015 - three years after
they were introduced," it said.
"For a period of three years, CBA did not comply with the
requirements of its AML/CTF program relating to monitoring
transactions on 778,370 accounts," it continued.
"CBA failed to give 53,506 threshold transaction reports (TTRs)
to AUSTRAC on time for cash transactions of $10,000 or more
through IDMs from November 2012 to September 2015," it said.
"These late TTRs represent approximately 95 per cent of the
threshold transactions that occurred through the bank’s IDMs from
November 2012 to September 2015 and had a total value of around
A$624.7 million."
Even after CBA became aware of suspected money laundering or
structuring on CBA accounts, it did not monitor its customers to
mitigate and manage ML/TF risk, including the ongoing ML/TF risks
of doing business with those customers, the agency said.
CBA comment
"We have invested more than A$230 million in our anti-money
laundering compliance and reporting processes and systems, and
all of our people are required to complete mandatory training on
the Anti-Money Laundering and Counter-Terrorism Financing Act,"
CBA said in its own statement on the matter.
"Money laundering undermines the integrity of our financial
system and impacts the Australian community’s safety and
wellbeing. We will always work alongside law enforcement,
intelligence agencies and government authorities to identify,
disrupt and prevent this type of activity. We are reviewing the
nature of the proceedings and will have more to say on the
specific claims in due course," it added.