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Anti-money laundering and counter-terrorist financing measures in Cook Islands - Mutual Evaluation Report - September 2018 1
Anti-money laundering and counter-
terrorist financing (AML/CFT)
measures in the Cook Islands
Fourth Round Mutual Evaluation
Ratings
September 2018
http://www.fatf-gafi.org/publications/mutualevaluations/documents/mer-Cook-Islands-2018.html
Anti-money laundering and counter-terrorist financing measures in Cook Islands - Mutual Evaluation Report - September 2018
Ratings – Effectiveness (1/3)
2
Immediate outcome of an effective system to combat money
laundering (ML) and terrorist financing (TF)
Extent to
which the
Cook Islands
have
achieved this
objective
1. ML and TF risks are understood and, where appropriate,
actions co-ordinated domestically to combat ML and TF
Substantial
2. International co-operation delivers appropriate information,
financial intelligence, and evidence, and facilitates action
against criminals and their assets
Substantial
3. Supervisors appropriately supervise, monitor and regulate
financial institutions and designated non-financial
businesses and professions (DNFBPs) for compliance with
AML/CFT requirements commensurate with their risks.
Substantial
4. Financial institutions and DNFBPs adequately apply AML/CFT
preventive measures commensurate with their risks, and
report suspicious transactions.
Moderate
Anti-money laundering and counter-terrorist financing measures in Cook Islands - Mutual Evaluation Report - September 2018 3
Immediate outcome of an effective system to combat money
laundering (ML) and terrorist financing (TF)
Extent to
which the
Cook Islands
have
achieved this
objective
5. Legal persons and arrangements are prevented from misuse
for money laundering or terrorist financing, and information
on their beneficial ownership is available to competent
authorities without impediments
Substantial
6. Financial intelligence and all other relevant information are
appropriately used by competent authorities for money
laundering and terrorist financing investigations.
Moderate
7. Money laundering offences and activities are investigated
and offenders are prosecuted and subject to effective,
proportionate and dissuasive sanctions
Low
8. Proceeds and instrumentalities of crime are confiscated. Low
Ratings – Effectiveness (2/3)
Anti-money laundering and counter-terrorist financing measures in Cook Islands - Mutual Evaluation Report - September 2018 4
Immediate outcome of an effective system to combat money
laundering (ML) and terrorist financing (TF)
Extent to
which the
Cook Islands
have
achieved this
objective
9. Terrorist financing offences and activities are investigated
and persons who finance terrorism are prosecuted and
subject to effective, proportionate and dissuasive sanctions.
Moderate
10. Terrorists, terrorist organisations and terrorist financiers are
prevented from raising, moving and using funds, and from
abusing the non-profit sector.
Substantial
11. Persons and entities involved in the proliferation of weapons
of mass destruction are prevented from raising, moving and
using funds, consistent with the relevant United Nations
Security Council Resolutions.
Moderate
Ratings – Effectiveness (3/3)
Anti-money laundering and counter-terrorist financing measures in Cook Islands - Mutual Evaluation Report - September 2018 5
Ratings – Effectiveness
0
5
4
2
High
Substantial
Moderate
Low
6
Ratings – technical compliance
(1/5)
September
2016
AML/CFT POLICIES AND COORDINATION
1. Assessing risks & applying a risk-based approach LargLarLarLar Largely Compliant
2. National cooperation and coordination ComCo ComCo Compliant
MONEY LAUNDERING AND CONFISCATION
3. Money laundering offence LargLarLarLar Largely Compliant
4. Confiscation and provisional measures LargLarLarLar Largely Compliant
TERRORIST FINANCING AND FINANCING OF PROLIFERATION
5. Terrorist financing offence LargLarLarLar Largely Compliant
6. Targeted financial sanctions related to terrorism & terrorist finanLargLarLarLar Largely Compliant
7. Targeted financial sanctions related to proliferation PartPa ParPa Partially Compliant
8. Non-profit organisations LargLarLarLar Largely Compliant
7
Ratings – technical compliance
(2/5)
September
2016
PREVENTIVE MEASURES
9. Financial institution secrecy laws ComCo ComCo Compliant
Customer due diligence and record keeping
10. Customer due diligence LargLarLarLar Largely Compliant
11. Record keeping LargLarLarLar Largely Compliant
Additional measures for specific customers and activities
12. Politically exposed persons LargLarLarLar Largely Compliant
13. Correspondent banking LargLarLarLar Largely Compliant
14. Money or value transfer services ComCo ComCo Compliant
15. New technologies LargLarLarLar Largely Compliant
16. Wire transfers LargLarLarLar Largely Compliant
8
Ratings – technical compliance
(3/5)
September
2016
PREVENTIVE MEASURES (continued)
Reliance, Controls and Financial Groups
17. Reliance on third parties LargLarLarLar Largely Compliant
18. Internal controls and foreign branches and subsidiaries LargLarLarLar Largely Compliant
19. Higher-risk countries LargLarLarLar Largely Compliant
Reporting of suspicious transactions
20. Reporting of suspicious transactions LargLarLarLar Largely Compliant
21. Tipping-off and confidentiality ComCo ComCo Compliant
Designated non-financial Businesses and Professions (DNFBPs)
22. DNFBPs: Customer due diligence LargLarLarLar Largely Compliant
23. DNFBPs: Other measures LargLarLarLar Largely Compliant
TRANSPARENCY AND BENEFICIAL OWNERSHIP OF LEGAL
PERSONS AND ARRANGEMENTS
24. Transparency and beneficial ownership of legal persons LargLarLarLar Largely Compliant
25. Transparency and beneficial ownership of legal arrangements LargLarLarLar Largely Compliant
9
Ratings – technical compliance
(4/5)
September
2016
POWERS AND RESPONSIBILITIES OF COMPETENT AUTHORITIES
AND OTHER INSTITUTIONAL MEASURES
Regulation and Supervision
26. Regulation and supervision of financial institutions LargLarLarLar Largely Compliant
27. Powers of supervisors LargLarLarLar Largely Compliant
28. Regulation and supervision of DNFBPs LargLarLarLar Largely Compliant
Operational and Law Enforcement
29. Financial intelligence units LargLarLarLar Largely Compliant
30. Responsibilities of law enforcement and investigative
authorities LargLarLarLar Largely Compliant
31. Powers of law enforcement and investigative authorities LargLarLarLar Largely Compliant
32. Cash couriers LargLarLarLar Largely Compliant
10
Ratings – technical compliance
(5/5)
September
2016
POWERS AND RESPONSIBILITIES OF COMPETENT AUTHORITIES
AND OTHER INSTITUTIONAL MEASURES (continued)
General Requirements
33. Statistics LargLarLarLar Largely Compliant
34. Guidance and feedback LargLarLarLar Largely Compliant
Sanctions
35. Sanctions PartPa ParPa Partially Compliant
INTERNATIONAL COOPERATION
36. International instruments LargLarLarLar Largely Compliant
37. Mutual legal assistance LargLarLarLar Largely Compliant
38. Mutual legal assistance: freezing and confiscation LargLarLarLar Largely Compliant
39. Extradition ComCo ComCom Compliant
40. Other forms of international cooperation LargLarLarLar Largely Compliant
Anti-money laundering and counter-terrorist financing measures in Cook Islands - Mutual Evaluation Report - September 2018 11
Ratings – technical compliance
5
33
2 0
Compliant
Largely compliant
Partially compliant
Non compliant

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Cook Islands AML/CFT Measures Rated in Mutual Evaluation Report

  • 1. Anti-money laundering and counter-terrorist financing measures in Cook Islands - Mutual Evaluation Report - September 2018 1 Anti-money laundering and counter- terrorist financing (AML/CFT) measures in the Cook Islands Fourth Round Mutual Evaluation Ratings September 2018 http://www.fatf-gafi.org/publications/mutualevaluations/documents/mer-Cook-Islands-2018.html
  • 2. Anti-money laundering and counter-terrorist financing measures in Cook Islands - Mutual Evaluation Report - September 2018 Ratings – Effectiveness (1/3) 2 Immediate outcome of an effective system to combat money laundering (ML) and terrorist financing (TF) Extent to which the Cook Islands have achieved this objective 1. ML and TF risks are understood and, where appropriate, actions co-ordinated domestically to combat ML and TF Substantial 2. International co-operation delivers appropriate information, financial intelligence, and evidence, and facilitates action against criminals and their assets Substantial 3. Supervisors appropriately supervise, monitor and regulate financial institutions and designated non-financial businesses and professions (DNFBPs) for compliance with AML/CFT requirements commensurate with their risks. Substantial 4. Financial institutions and DNFBPs adequately apply AML/CFT preventive measures commensurate with their risks, and report suspicious transactions. Moderate
  • 3. Anti-money laundering and counter-terrorist financing measures in Cook Islands - Mutual Evaluation Report - September 2018 3 Immediate outcome of an effective system to combat money laundering (ML) and terrorist financing (TF) Extent to which the Cook Islands have achieved this objective 5. Legal persons and arrangements are prevented from misuse for money laundering or terrorist financing, and information on their beneficial ownership is available to competent authorities without impediments Substantial 6. Financial intelligence and all other relevant information are appropriately used by competent authorities for money laundering and terrorist financing investigations. Moderate 7. Money laundering offences and activities are investigated and offenders are prosecuted and subject to effective, proportionate and dissuasive sanctions Low 8. Proceeds and instrumentalities of crime are confiscated. Low Ratings – Effectiveness (2/3)
  • 4. Anti-money laundering and counter-terrorist financing measures in Cook Islands - Mutual Evaluation Report - September 2018 4 Immediate outcome of an effective system to combat money laundering (ML) and terrorist financing (TF) Extent to which the Cook Islands have achieved this objective 9. Terrorist financing offences and activities are investigated and persons who finance terrorism are prosecuted and subject to effective, proportionate and dissuasive sanctions. Moderate 10. Terrorists, terrorist organisations and terrorist financiers are prevented from raising, moving and using funds, and from abusing the non-profit sector. Substantial 11. Persons and entities involved in the proliferation of weapons of mass destruction are prevented from raising, moving and using funds, consistent with the relevant United Nations Security Council Resolutions. Moderate Ratings – Effectiveness (3/3)
  • 5. Anti-money laundering and counter-terrorist financing measures in Cook Islands - Mutual Evaluation Report - September 2018 5 Ratings – Effectiveness 0 5 4 2 High Substantial Moderate Low
  • 6. 6 Ratings – technical compliance (1/5) September 2016 AML/CFT POLICIES AND COORDINATION 1. Assessing risks & applying a risk-based approach LargLarLarLar Largely Compliant 2. National cooperation and coordination ComCo ComCo Compliant MONEY LAUNDERING AND CONFISCATION 3. Money laundering offence LargLarLarLar Largely Compliant 4. Confiscation and provisional measures LargLarLarLar Largely Compliant TERRORIST FINANCING AND FINANCING OF PROLIFERATION 5. Terrorist financing offence LargLarLarLar Largely Compliant 6. Targeted financial sanctions related to terrorism & terrorist finanLargLarLarLar Largely Compliant 7. Targeted financial sanctions related to proliferation PartPa ParPa Partially Compliant 8. Non-profit organisations LargLarLarLar Largely Compliant
  • 7. 7 Ratings – technical compliance (2/5) September 2016 PREVENTIVE MEASURES 9. Financial institution secrecy laws ComCo ComCo Compliant Customer due diligence and record keeping 10. Customer due diligence LargLarLarLar Largely Compliant 11. Record keeping LargLarLarLar Largely Compliant Additional measures for specific customers and activities 12. Politically exposed persons LargLarLarLar Largely Compliant 13. Correspondent banking LargLarLarLar Largely Compliant 14. Money or value transfer services ComCo ComCo Compliant 15. New technologies LargLarLarLar Largely Compliant 16. Wire transfers LargLarLarLar Largely Compliant
  • 8. 8 Ratings – technical compliance (3/5) September 2016 PREVENTIVE MEASURES (continued) Reliance, Controls and Financial Groups 17. Reliance on third parties LargLarLarLar Largely Compliant 18. Internal controls and foreign branches and subsidiaries LargLarLarLar Largely Compliant 19. Higher-risk countries LargLarLarLar Largely Compliant Reporting of suspicious transactions 20. Reporting of suspicious transactions LargLarLarLar Largely Compliant 21. Tipping-off and confidentiality ComCo ComCo Compliant Designated non-financial Businesses and Professions (DNFBPs) 22. DNFBPs: Customer due diligence LargLarLarLar Largely Compliant 23. DNFBPs: Other measures LargLarLarLar Largely Compliant TRANSPARENCY AND BENEFICIAL OWNERSHIP OF LEGAL PERSONS AND ARRANGEMENTS 24. Transparency and beneficial ownership of legal persons LargLarLarLar Largely Compliant 25. Transparency and beneficial ownership of legal arrangements LargLarLarLar Largely Compliant
  • 9. 9 Ratings – technical compliance (4/5) September 2016 POWERS AND RESPONSIBILITIES OF COMPETENT AUTHORITIES AND OTHER INSTITUTIONAL MEASURES Regulation and Supervision 26. Regulation and supervision of financial institutions LargLarLarLar Largely Compliant 27. Powers of supervisors LargLarLarLar Largely Compliant 28. Regulation and supervision of DNFBPs LargLarLarLar Largely Compliant Operational and Law Enforcement 29. Financial intelligence units LargLarLarLar Largely Compliant 30. Responsibilities of law enforcement and investigative authorities LargLarLarLar Largely Compliant 31. Powers of law enforcement and investigative authorities LargLarLarLar Largely Compliant 32. Cash couriers LargLarLarLar Largely Compliant
  • 10. 10 Ratings – technical compliance (5/5) September 2016 POWERS AND RESPONSIBILITIES OF COMPETENT AUTHORITIES AND OTHER INSTITUTIONAL MEASURES (continued) General Requirements 33. Statistics LargLarLarLar Largely Compliant 34. Guidance and feedback LargLarLarLar Largely Compliant Sanctions 35. Sanctions PartPa ParPa Partially Compliant INTERNATIONAL COOPERATION 36. International instruments LargLarLarLar Largely Compliant 37. Mutual legal assistance LargLarLarLar Largely Compliant 38. Mutual legal assistance: freezing and confiscation LargLarLarLar Largely Compliant 39. Extradition ComCo ComCom Compliant 40. Other forms of international cooperation LargLarLarLar Largely Compliant
  • 11. Anti-money laundering and counter-terrorist financing measures in Cook Islands - Mutual Evaluation Report - September 2018 11 Ratings – technical compliance 5 33 2 0 Compliant Largely compliant Partially compliant Non compliant