The
Asia Pacific Group on Money Laundering (APG) and
Offshore Group of Banking Supervisors (OGBS) carried
out a Joint Mutual Evaluation on Macao SAR in
December 2006. The report on the Mutual Evaluation
(MER) was endorsed at the APG Plenary Meeting
on 24 July 2007.
The APG Plenary Meeting was held
in Perth, Australia from 23rd to 26th July at
the Perth Convention and Exhibition Centre. Over
280 participants from 34 member jurisdictions
and other observer jurisdictions and international
organizations attended this meeting. The 10-person
Macao delegation was led by Financial Intelligence
Office, with members from the Monetary Authority
of Macao, Gaming Inspection and Coordination Bureau,
International Law Office, Macao Trade and Investment
Promotion Institute, Judiciary Police and Unitary
Police Service.
The report indicates that Macao
SAR has made strong commitment towards implementing
laws and institutional bodies to enhance its compliance
with the international standards of anti-money
laundering (AML) and counter-financing of terrorism
(CFT).
The assessment by APG and OGBS
was based on the revised assessment methodology
of Financial Action Task Force (FATF), which evaluates
AML/CFT standards in different areas such as legal
system, institutional framework, supervision and
oversight, implementation of preventative measures,
law enforcement and international cooperation.
Out of the FATF 40 Recommendations and the 9 Special
Recommendations on Counter-Financing of Terrorism,
Macao SAR is fully compliant and largely compliant
with 7 and 20 recommendations respectively. Only
one of the Special Recommendations is considered
non-compliant in the area of cross-border control
of cash couriers.
The report is very positive and
recognizes the strong efforts of Macao SAR Government
and its latest development in the fight against
money laundering and terrorist financing. Macao
SAR Government has agreed to publish the report,
which will be uploaded to the APG website for
public access.
The APG is an FATF-style Regional
Body established in February 1997 with the aim
to facilitate the adoption, effective implementation
and enforcement of internationally accepted standards
against money laundering and the financing of
terrorism, in particular the Forty Recommendations
and Nine Special Recommendations on Terrorist
Financing of the FATF. Its missions include assisting
jurisdictions in the region to enact laws criminalising
the laundering of the proceeds of crime and the
financing of terrorism, as well as laws dealing
with confiscation and forfeiture of the proceeds
of crime, mutual legal assistance and extradition.
The APG assists jurisdictions to effectively implement
comprehensive preventative measures for the financial
sector as well as certain other businesses and
professions. The APG also assists jurisdictions
to establish coordinated systems for reporting
and investigating suspicious transaction reports
and to develop effective capacities to investigate
and prosecute money laundering and the financing
of terrorism offences.
At present APG has 36 members,
including Solomon Islands, Nauru and Laos PDR
which have just been admitted in this Plenary
Meeting. According to the membership mandate of
APG, all members have to enact laws on AML/CFT
and commit to complying with the FATF 40+9 Recommendations
on AML/CFT. Macao SAR entered the APG as full
member in 2002.
The Macao SAR Government has
taken strong efforts to implement AML/CFT measures
since its membership in APG. New laws on AML/CFT
were passed in April 2006 to criminalize money
laundering and terrorist financing and incorporate
the necessary customer due diligence measures
as well as suspicious transaction reporting (STR)
requirements to fight against money laundering
and terrorist financing. Supervisory agencies
and professional body, including the Monetary
Authority of Macao, Gaming Inspection and Coordination
Bureau, Finance Services Bureau, Macao Economic
Services, Legal Affairs Bureau, Macao Trade and
Investment Promotion Institute, the Independent
Commission for the Exercise of Disciplinary Power
over Solicitors and Macao Lawyers Association,
are designated with responsibilities of oversight
on financial institutions and a wide range of
non-financial entities. The Financial Intelligence
Office was also established on 8 August 2006 to
receive, analyze and disseminate STR information.
The MER indicates the great progress
of Macao SAR in different areas. However, there
are certainly challenges ahead, in particular
regarding the implementation of laws, regulations
and guidelines. Nevertheless, the MER result is
encouraging and the MSAR Government will take
continuous efforts in the fight against money
laundering and financing of terrorism.
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