Cryptocurrency
AUSTRAC Takes Action Against Crypto ATM Providers Not Following AML Rules
2024-12-06
AUSTRAC, the Australian regulatory body, is making significant moves to address the issue of cryptocurrency ATM providers not adhering to the country's anti-money laundering regime. With the rise in cryptocurrency usage, there is an increasing concern about its potential for criminal exploitation. AUSTRAC has established an internal cryptocurrency taskforce to ensure that digital currency exchanges providing crypto ATM services meet the necessary standards and have robust practices in place.
Why AUSTRAC is Taking Action
AUSTRAC intelligence clearly shows that cryptocurrency poses a heightened money laundering risk. It is being increasingly exploited for various illegal activities such as money laundering, scams, and money mule operations. To combat this, under the Anti-Money Laundering and Counter-Terrorism Financing (AML/CTF) Act 2006, DCEs including those providing crypto ATM facilities are required to register with AUSTRAC and fulfill certain obligations. These include undertaking transaction monitoring, completing know your customer (KYC) information checks on customers, reporting suspicious activity in suspicious matter reports (SMRs), and submitting threshold transaction reports (TTRs) for cash deposits and withdrawals of $10,000 or more.AUSTRAC CEO Brendan Thomas emphasizes the importance of compliance. He states that as cryptocurrency use grows, so does the potential for criminal exploitation. The taskforce's focus is to eliminate non-compliant high-risk operations. Crypto ATM providers must ensure they are meeting their money laundering obligations and reducing the risks of crime. Ignoring these obligations can lead to significant financial penalties, and AUSTRAC will not hesitate to take action.Currently, there are approximately 400 digital currency exchange providers registered with AUSTRAC. Although only a small number operate crypto ATMs, Australia has 1200 operating crypto ATMs, ranking third globally. Those crypto ATM operators that do not comply with their AML/CTF obligations could face enforcement action.Members of the public who suspect fraud or scam activity when using a crypto ATM are advised to report it directly to the police and to the National Anti-Scam Centre's Scamwatch or the Australian Cyber Security Centre's ReportCyber.Transaction Monitoring and KYC Checks
Transaction monitoring is a crucial aspect of AUSTRAC's regulations. By closely monitoring transactions, they can identify any suspicious activities that may indicate money laundering or other illegal operations. KYC information checks on customers are also essential to ensure that the providers have a clear understanding of their customers and can detect any potential risks. These checks help in building a comprehensive profile of each customer and enable providers to take appropriate actions if any red flags are raised.For example, imagine a crypto ATM provider that fails to conduct proper KYC checks. This could lead to criminals using the ATM to launder money or engage in other illegal activities without detection. However, with strict transaction monitoring and KYC procedures in place, such risks can be significantly reduced.Reporting Suspicious Activity
Reporting suspicious activity is a vital part of the AML/CTF regime. Crypto ATM providers are required to report any suspicious matter reports (SMRs) promptly to AUSTRAC. This helps in detecting and preventing criminal activities at an early stage. By sharing this information, AUSTRAC can take appropriate actions and collaborate with other regulatory bodies to combat crime.For instance, if a customer makes a large number of transactions in a short period or shows unusual behavior, the provider must report it as suspicious. This could prevent a significant amount of money from being laundered through the crypto ATM system.Mitigating Risks and Ensuring Compliance
Crypto ATM providers need to go beyond just meeting the legal requirements. They must actively work towards mitigating risks and ensuring compliance with all regulations. This includes implementing robust internal controls, providing training to staff, and staying updated with the latest regulatory changes.By taking a proactive approach, providers can not only avoid penalties but also contribute to the overall integrity of the cryptocurrency market. For example, a provider that invests in advanced security technologies and regularly audits its operations is more likely to detect and prevent potential risks.In conclusion, AUSTRAC's efforts to crack down on non-compliant cryptocurrency ATM providers are crucial in safeguarding the financial system and combating criminal activities. By enforcing strict regulations and working closely with the industry, they are taking significant steps towards reducing the criminal use of cryptocurrency in Australia.