Incorporating TFS into Fiji’s broader AML/CFT National Coordination Pacific Workshop on TFS related to TF & PF 18 June 2019 Presenter: • Mr. Avaneesh Raman Manager Intelligence Management Fiji Financial Intelligence Unit 1
• 2015: Fiji’s Mutual Evaluation • October 2016: Fiji’s MER published Rec Description Rating: Rating Ratings Current MER Upgraded Upgraded Rating Oct 16 in Jul 17 in Jul 18 2 National PC LC LC Cooperation & Coordination 6 Targeted Financial NC PC PC Sanctions related to Terrorist Financing 7 Targeted Financial NC PC PC Sanctions related to Proliferation Financing
• R.6 – Fiji passed the Public Order Amendment Act of 2017 which established a legal and operational framework for TFS relating to TF • R.7 – The Public Order Amendment Act of 2017 established a legal and operational framework for TFS relating to PF. In November 2017 Fiji issued a Gazette Notice under the Public Order Act 2017 (POA 2017) which operationalised the law, bringing into effect section 12Q of the Act which provides that the UN list of specified entities will become the list of specified entities in Fiji and requires the FIU to publish the list on its website
• Fiji FUR 2018 • In its 3rd MER, Fiji was rated PC with R.2. The main technical deficiencies related to a lack of policies and strategies informed by the NRA and an absence of a co-ordination mechanism for proliferation financing (PF) • In January 2018 Fiji revised its National AML/CFT Strategy in response to the NRA, and there is now alignment between risk, strategy and policy • While PF does not explicitly fall under the mandate of any coordination body in Fiji, Fiji has improved its co-ordination mechanism relating to PF, with the National AML Council’s Strategic Plan for 2017-2020 references PF in its goals and strategies.
• Fiji’s National AML Council Plan 2017 -2020: Coordinating Body at Strategic Level; • Fiji's National AML/CFT Strategy; • Fiji FIU Workplan: Coordinating agency at operational level.
AML/CFT • C.2.3: Mechanisms should be in place to enable policy makers, the FIU, LEAs, supervisors and other competent authorities to cooperate , and where appropriate, coordinate and exchange information domestically with each other concerning the development and implementation of AML/CFT policies and activities. Such mechanisms should apply at both policy making and operational levels PF • C.2.4: Competent authorities should have similar cooperation, and where appropriate coordination mechanisms to combat the financing of proliferation of weapons of mass destruction
At the policy level, in addition to the NAMLC, the National Combined Law and Security Agencies Committee on security issues and Counter Terrorism Officials Working Group on counter terrorism activities (both driven by Ministry of Defence) also provide mechanisms that enable the FIU, law enforcement authorities (LEAs) and other competent authorities to coordinate domestically concerning the development and implementation of AML/CFT policy and activities. There are also three working groups of the NAMLC that have responsibilities in the areas of law enforcement, legal and supervisory.
• At the operational level, there are MOUs amongst a comprehensive range of agencies enabling information exchange and cooperation, including secondments, both within fields, such as law enforcement or supervisors, and across them. There are several MOUs between agencies and major private sector institutions. Key law enforcement agencies have direct online access to relevant information held by other agencies, such as vehicle registration, immigration data etc., with authorised officers able to access intelligence information held on the FIU database. The arrangements between the FIU and RBF have enhanced engagement on AML/CFT supervision. The various MOUs have also enabled investigation taskforces to be used as needed, drawing members from multiple law enforcement agencies. The Transnational Crime Unit (TCU), hosted by FRCS, is a joint initiate by FRCA and Fiji Police Force (FPF).
FUR 2018: • There is no evidence of operational level coordination relating to PF .
National Efforts/Coordination • Need to engage with other competent authorities on incorporating TFS related to TF/PF into broader AML/CFT national coordination. To implement for R7, we need to engage with Maritime Safety Authority of Fiji (MSAF) who administer the shipping registry. Whilst a rep from MSAF is engaged in CTOG and Fiji FIU has a MOU with MSAF (signed in 2012), we need more engagement at operational/policy level. • Fiji is currently undertaking a review of its NRA. Will need to look at PF & WMD as part of this review and identify any vulnerabilities in relation to AML/CFT. Legal • Fiji is reviewing its legal framework under the Public Order Act to further strengthen its legal provisions on TFS for TF & PF.
Operational • Need to develop procedures for responding to enquiries relating to freezing measures, false positives, potential evasions • Working Groups: LEA/CTOG/Supervisory WG needs to exchange of information on latest supervisory and enforcement experiences, feedback on suspicious transactions reports, investigation and prosecution progress, follow-up on supervisory actions, latest typologies, evasions tactics, proliferation financing-related statistics • Engage FRCS Customs in detection especially in relation to trade data and border currency enforcement efforts in relation to PF Policy/Supervision • Financial supervisors, competent authorities, and SRBs: RBF and FIU are engaged in regulation, supervision, and enforcement of TFS. Efforts can be strengthened as part of compliance inspections • Guidance on STR reporting for FI’s & DNFBP’s on TF & PF.
THANK YOU
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