Objective and the purpose of this policy is to ensure that Daryabi Exchange (referred to hereafter as “the Company”) adheres to Australian AML/CTF laws to prevent, detect, and report any activities related to money laundering or terrorism financing. This policy applies to all employees, agents, contractors, and associated entities of the Company.
2. Regulatory Framework
This policy aligns with the requirements of the following legislation:
- Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth)
- Anti-Money Laundering and Counter-Terrorism Financing Rules Instrument 2007 (No. 1)
- Any guidelines issued by the Australian Transaction Reports and Analysis Centre (AUSTRAC)
- Initial Verification: All customers must undergo identity verification, including full name, date of birth, and residential address.
- Ongoing Verification: Customer identification information will be reviewed periodically to confirm validity.
- Enhanced Due Diligence (EDD): Higher-risk customers (e.g., politically exposed persons, high-value transactions, or transactions from high-risk jurisdictions) will undergo enhanced due diligence.
- Individuals: Passport, driver’s license, or government-issued ID.
- Businesses: Proof of business registration, incorporation documents, and beneficial ownership information.
- Transactions inconsistent with the customer’s financial profile.
- Structuring transactions below reporting thresholds.
- Transactions involving high-risk countries or individuals.
- Submit Suspicious Matter Reports (SMR): Any transactions or behavior deemed suspicious will be reported to AUSTRAC within 24 hours (if urgent) or 3 business days otherwise.
- Threshold Transaction Reports (TTR): All cash transactions exceeding AUD 10,000 must be reported within 10 business days.
- International Funds Transfer Instruction (IFTI) Reporting: International transfers, regardless of value, must be reported to AUSTRAC within 10 business days.
- Risk Assessments: Regular risk assessments will identify high-risk customers, products, and services.
- Mitigation Measures: Appropriate controls, including enhanced due diligence, additional monitoring, or refusal of service, will be applied based on the risk level.
- Customer identification documents and verification steps.
- All transactions processed.
- Suspicious activity reports submitted to AUSTRAC.
- All records will be retained for a minimum of 7 years.
- Understanding of AML/CTF obligations and reporting processes.
- Identification of suspicious activities and transactions.
- Procedures for verifying customer identities and maintaining records.
- Disciplinary actions against employees, including termination.
- Legal and financial penalties imposed by AUSTRAC.
- Potential damage to the Company’s reputation and regulatory standing.