Which action is a ‘tipping-off’ offence under s 123 of the AML/CTF Act? (Select all, if any, that apply)Group of answer choicesBank disclosed information about a SMR filing to its lawyer for the purpose of seeking legal adviceBank notifies customer that a SMR has been filedQualified accountant discloses information for purpose of dissuading customer from engaging in conduct which may amount to evasion of a taxation law, or criminal offenceBank asking customer (a dual citizen) to provide past/expired/other passports
Question
Which action is a ‘tipping-off’ offence under s 123 of the AML/CTF Act? (Select all, if any, that apply)Group of answer choicesBank disclosed information about a SMR filing to its lawyer for the purpose of seeking legal adviceBank notifies customer that a SMR has been filedQualified accountant discloses information for purpose of dissuading customer from engaging in conduct which may amount to evasion of a taxation law, or criminal offenceBank asking customer (a dual citizen) to provide past/expired/other passports
Solution
The 'tipping-off' offence under s 123 of the AML/CTF Act refers to the act of disclosing information that may prejudice an investigation relating to a suspicion that a person is not complying with the AML/CTF Act.
From the given options:
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Bank disclosed information about a SMR filing to its lawyer for the purpose of seeking legal advice - This is not a 'tipping-off' offence as the bank is seeking legal advice which is a legitimate reason for disclosure.
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Bank notifies customer that a SMR has been filed - This is a 'tipping-off' offence as it may prejudice an investigation.
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Qualified accountant discloses information for purpose of dissuading customer from engaging in conduct which may amount to evasion of a taxation law, or criminal offence - This is not a 'tipping-off' offence as the accountant is trying to dissuade the customer from illegal activities.
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Bank asking customer (a dual citizen) to provide past/expired/other passports - This is not a 'tipping-off' offence as it is a part of the bank's customer due diligence process.
So, the only 'tipping-off' offence in the given options is the bank notifying the customer that a SMR has been filed.
Similar Questions
What are the three types of Tipping off? (Choose all that apply) Sélectionnez toutes les réponses applicablesDisclosure of Financial Crime Controls Near misses Regulatory Tipping off (Official Breach) Disclosure of the customers transaction details over the phone
From the examples below choose the one that is an example of Tipping off. Choisissez la meilleure optionLetting someone know that an Suspicious Activity Report (SAR) or Unusual Activity Report (UAR) has been raised. Telling the customer their account balance as they have requested it Informing the customer of their last transaction on the account
According to AUSTRAC, what amounts to (or raises) ‘suspicion’ regarding the filing of Suspicious Matter Reports (SMRs)? (Select all, if any, that apply)Group of answer choicesIdentity of or associations of individuals or entitiesCountry or jurisdiction where money has been sent or receivedCircumstances e.g. lack of commercial logicRacial profileEthnic backgroundAmount or sources of money
According to AUSTRAC, what amounts to (or raises) ‘suspicion’ regarding the filing of Suspicious Matter Reports (SMRs)? (Select all, if any, that apply)Group of answer choicesEthnic backgroundIdentity of or associations of individuals or entitiesRacial profileCountry or jurisdiction where money has been sent or receivedAmount or sources of moneyCircumstances e.g. lack of commercial logic
According to the course materials, what are measures that can be taken to reduce financial crime involving correspondence banking? (select all, if any, that apply)Group of answer choicesAnti-Money Laundering Act of 2020 s 6308 grants US Treasury and DOJ authority to subpoena any record relating to a correspondent account ‘or any account at the foreign bank’, including records maintained outside the United States.Senior officer approval of all correspondent banking relationshipsUS ‘Patriot Act’ forfeiture powerBan correspondent relationship with shell banksDocumentation to support decisionsEnhanced due diligence of correspondent banking relationshipsAnnual review of all foreign correspondent bank relationshipsKeep all computer software up to date so to prevent cyber attacks
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