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Tranche 2 AML Compliance: Impact on the Accounting Profession

Tranche 2 AML Compliance: Impact on the Accounting Profession

#AML #Tranche2 #AccountingProfession #Australia

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September 10, 2024
5 Minutes

Introduction

The Tranche 2 Reforms aim to strengthen Australia’s ability to combat financial crime. A crucial part of these reforms is the introduction of new entities subject to AML/CTF obligations, known as ‘Tranche 2 entities’, one of which is the accounting profession.

Why Regulate Accountants?

The accounting profession is a prime target for money launderers due to its access to customer finances and ability to facilitate transactions. By including accountants in the AML/CTF regime, Australia aims to:

  • Deter, detect, and disrupt money laundering and terrorism financing
  • Align with international standards set by the Financial Action Task Force (FATF)
  • Protect the Australian economy from criminal exploitation

These reforms aim to equip accountants with the tools to identify suspicious activity and prevent criminals from misusing their services.

Services Covered Under the Reforms

The new regime applies to specific high-risk services offered by accountants, including:

  • Holding customer funds in the firm's trust account (except for accountant fees)
  • Managing customer bank accounts and making payments on their behalf
  • Handling and banking customer cash takings
  • Formation, creation, or management of legal entities for customers

These activities involve significant control over customer finances, making them vulnerable to exploitation. Accountants engaging in these designated services will need to implement AML/CTF obligations for their customers.

Services Not Covered Under the Reforms

Some accounting services are exempt from the new regulations, such as:

  • Purely advisory work on matters like directors' duties or employment law
  • Services within business groups by centralised legal or finance departments
  • In-house services where the accountant and customer are the same entity
  • Individual accountants managing their own finances

The core principle is that the customer of a designated service cannot be the same person providing it.

AUSTRAC Reporting Requirements for Accountants

Accountants must take the following proactive steps to comply with the new regulations:

  • Enrol with AUSTRAC: Accountants providing designated services need to register with the Australian Transaction Reports and Analysis Centre (AUSTRAC).
  • Develop an AML/CTF program: Design a risk-based program considering customer types, services offered and geographical reach.
  • Conduct Customer Due Diligence (CDD): Verify customer identities, assess business relationships, and understand transaction purposes.
  • Ongoing CDD: Continuously monitor customer activity to ensure transactions align with your knowledge of their business and risk profile.
  • Report suspicious activity: Report suspicious transactions and activity to AUSTRAC as required by law.
  • Record-keeping: Keep detailed records of CDD checks, transaction reports, and other relevant AML/CTF documentation.

By following these steps and implementing a comprehensive AML/CTF program, accountants can play a vital role in combating financial crime and protecting the integrity of the financial system, while safeguarding their professional reputation.

Summary

Australia’s accounting industry was attractive to money launderers and terrorists due to its access to customer finances and ability to facilitate transactions. The Tranche 2 Reforms aim to mitigate these risks and enhance transparency. As Tranche 2 takes effect, accounting professionals must adapt swiftly. Compliance costs may rise, especially for smaller firms, but investing in employee training and enhanced processes will be crucial.

FAQs

What is the Tranche 2 Reforms?

The Tranche 2 Reforms are a set of proposed legislative reforms aiming at broadening the scope of Australia's Anti-Money Laundering and Counter-Terrorism Financing laws to include more businesses and professions.

Which industries will be affected by the Tranche 2 Reforms?

The Tranche 2 Reforms will affect real estate agents, precious metals dealers, lawyers, trust and company service providers, and accountants.

When will the Tranche 2 Reforms become effective?

The exact timing for the implementation of the Tranche 2 Reforms is dependent on the legislative procedure. Stakeholders should keep an eye on statements from appropriate government authorities, such as the Australian Transaction Reports and Analysis Centre (AUSTRAC), for specific dates and transitional periods after the Act is passed.

Why are the Tranche 2 Reforms necessary?

The Tranche 2 Reforms are required to align with global standards established by the Financial Action Task Force (FATF), which recommends that countries regulate DNFBPs within their AML/CTF frameworks and to strengthen Australia's ability to detect, prevent, and combat money laundering and terrorism financing activities.

What steps should regulated entities take to comply with the Tranche 2 Reforms?

Regulated entities must conduct detailed risk assessments, develop and implement strong AML/CTF programs, ensure that employees receive adequate training on AML/CTF obligations and the entity's compliance program, establish systems for reporting suspicious activities and keeping records in accordance with regulatory requirements.

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