Close links essential in today's law enforcement environment
AUSTRAC is Australia’s anti-money laundering regulator and specialist financial intelligence unit. In its regulatory role it oversees compliance with the reporting requirements of the Financial Transaction Reports Act 1988 by a wide range of financial services providers, the gambling industry and others. In its intelligence role, it provides financial transaction reports information to Commonwealth, State and Territory law enforcement and revenue agencies. Elizabeth Montano, a lawyer with wide experience in banking and commercial law, has been Director of AUSTRAC since March 1996.
by Elizabeth Montano, Director Australian Transaction Reports and Analysis Centre
Close links with the law enforcement agencies of other countries are essential to today’s law enforcement environment.
Well known manifestations of this are, of course, the AFP’s Liaison Officer Network and Mutual Assistance.
However, as we explore and develop these closer ties and operational connectivities, other areas where we need to forge closer links are being identified and addressed.
Regulatory and law enforcement policy for anti-money laundering systems is one area where we need to ensure that complementary approaches are adopted around the world. We have seen great efforts made in the Asia Pacific region by Australian law enforcement agencies over the past few years to encourage this. It is a noteworthy feature of this recent work that in encouraging other countries to develop anti-money laundering systems, our own domestic agencies are working more closely together than ever before.
Over the past few years we have seen many instances where Australia has had an operational need to develop closer relations with overseas agencies. To help establish and develop these, we have found that the other aspects of our relationships with those agencies, such as training and policy development, can influence greatly how well we do in establishing and maintaining the operational ties we need. Offering our advice as one of the world’s most advanced anti-money laundering countries adds another dimension to the relationships we have with a number of countries in the region.
Together with other agencies, the AFP and AUSTRAC have been able to closely engage our neighbours in regulatory and policy discussions about anti-money laundering and the use of financial intelligence in criminal investigations.
We have been able to explore this aspect of our relationships with countries as diverse as Thailand, the People’s Republic of China, Vietnam and Burma as well as delegations from the United States and the United Kingdom.
In coordinating our various contributions to visits by these delegations, we show them our working relationships in action and the way we interact to make the best use of each of our capabilities. For those to whom we are trying to show the benefits of financial intelligence, the AFP’s inclusion of AUSTRAC on visitors’ itineraries and the strong support we get from the AFP agents who work with us, go a long way in demonstrating our close working relationship and the vital role financial intelligence has in modern crime fighting.
This coordinated approach extends to AUSTRAC’s development of its international MOUs. In recent years, the AFP has been very helpful in assisting AUSTRAC in its contacts and negotiations with jurisdictions such as The Netherlands, Singapore and Hong Kong, China (with whom we hope to have MOUs in place in the not too distant future). Assisting AUSTRAC to develop relations with its counterparts benefits the AFP and other agencies which use AUSTRAC information. By assisting AUSTRAC to obtain financial intelligence from its counterparts in other countries, investigating agencies can obtain information they often cannot access through the customary police to police channels.
This cohesive, collegiate and strategic approach is undoubtedly the way of the future. With it, we greatly increase Australia’s capacity to engage with our neighbours in international efforts against crime.
Note: 1 Such as the Australian Customs Service, the National Crime Authority, the Director of Public Prosecutions, the Department of Immigration and Multicultural Affairs and the Department of Foreign Affairs and Trade and in conjunction with the Asia Pacific Group on Money Laundering.