Auditor General of Canada says $3.1 billion in funding to combat terrorism unaccounted for in Canada

By Christine Duhaime | April 30th, 2013

The Auditor General of Canada, Michael Ferguson, released his Spring 2013 Report (the “Report“) today and among the key findings, found that a whopping $3.1 billion in funding to programs to combat terrorism in Canada is unaccounted for.

Moreover, the Report found that some of the $12.9 billion approved for fighting terrorism in Canada went to pay for projects like renovating the apartments for married personnel at the Shilo Canadian Forces Base in Manitoba. Funds also went to pay for a security expert to provide security services to a foreign country in connection with a sporting event. The use of funds for those two projects appears inconsistent with the five PSAT objectives listed below for which the $12.9 billion was approved.

In the fiscals years 2001 – 2009, the Treasury Board allocated $12.9 billion for counter terrorism activities, but federal departments and agencies reported spending only $9.8 billion and none of the relevant agencies can, it appears, as of the date of the Report, account for the allocation of the remaining $3.1 billion.

In 2001, after 9/11, the federal government put in place a Public Security and Anti-Terrorism (“PSAT“) initiative to fund measures to combat terrorism whose objectives were to:

  • keep terrorists out of Canada;
  • deter, prevent, detect, and prosecute and/or remove terrorists;
  • facilitate relations between Canada and United States;
  • support international initiatives; and
  • protect Canada’s infrastructure.

Over the reporting period, agencies that were funded pursuant to the PSAT initiative reported receiving $9.8 billion to meet the PSAT objectives from a total of $12. 9 billion that was actually allocated by the Treasury Board.

No entity appears to know where the unaccounted for $3.1 billion went, however, three theories emerge in the Report: (a) $3.1 billion lapsed and was never spent; (b) $3.1 billion was spent as part of the PSAT initiative but no one is sure specifically on what or where; or (c) $3.1 billion may have been spent on other programs not approved pursuant to the PSAT initiative. No doubt in the coming weeks, the $3.1 billion will be located and accounted for.

On a going-forward basis, the Treasury Board will make policy changes in respect of the PSAT initiative and its funding to ensure that there are mechanisms in place that require the reporting of financing and non-financial information to the government.

The Auditor General audits federal government operations and provides Parliament with independent information, advice, and assurance regarding the federal government’s stewardship of public funds.

The Report can be viewed here.

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ACAMS launches Vancouver chapter

By Christine Duhaime | April 7th, 2013

As reported in The Province today, anti-money laundering (“AML“) expert and former RCMP officer, Garry Clement was in Vancouver to help launch a Vancouver chapter of the Association of Certified Anti-Money Laundering Specialists (“ACAMS“). ACAMS is the largest international membership organization dedicated to enhancing the knowledge and expertise of AML and counter terrorist-financing (“CTF“)  financial crime detection and prevention professionals.

The inaugural meeting of the Vancouver ACAMS chapter was held at River Rock Casino and explored ways that AML/CTF specialists could work towards detecting and preventing money laundering, closing money laundering loopholes and imposing tougher penalties. “This was about creating something in Vancouver’s back yard, a place where problems can be talked about and public-private networks created,” said Mr. Clement.

Mr. Clement highlighted the significant problem of cybercrime and said that he was aware of a case where two people were bilked out of $1.6 million from an online dating site.

The link to the Vancouver chapter is here.

You can read more from the article here.

 

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Court of Appeal in British Columbia rules that anti-money laundering and counter terrorist financing laws applied to lawyers infringe fundamental freedom

By Christine Duhaime | April 4th, 2013

The Court of Appeal for British Columbia ruled today that the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, as it applies to lawyers in that province, interferes to an unacceptable degree with the independence of the Bar as a principle of fundamental justice, and as a consequence, held that the legislation does not apply to lawyers. The decision can be read here.

Mr. Justice Hinkson, who wrote the decision for the Court, indicated that the Court of Appeal referred to the Financial Action Task Force (“FATF“) in rendering its decision, and to other anti-money laundering (“AML“) initiatives worldwide and in his reasons, wrote that money laundering is a “colloquial” term, which it is not, and incorrectly suggested that all the FATF primarily does is develop and promote policies to combat money laundering and terrorist financing.

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Senate finds that Canada’s anti-money laundering regime is ineffective

By Christine Duhaime | March 29th, 2013

Canada is failing miserably in its anti-money laundering and counter-terrorist financing efforts according to a report published by the country’s Senate Standing Committee on Banking, Trade and Commerce.

The report, entitled “Follow the Money: Is Canada Making Progress in Combatting Money Laundering and Terrorist Financing? Not Really” (the “Report“) makes several findings and recommendations, the chief of which is that the Canadian federal legislation implementing the Financial Action Task Force (“FATF“) 40 Recommendations on combating money laundering and terrorist financing, namely the Proceeds of Crime (Money Laundering) and Terrorist Financing Act and its regulations are ineffective and need to be substantively changed.

You can read our thoughts on the Report at Duhaime Law here.

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Canada still a “major money laundering country” in 2013 International Narcotics Control Strategy Report on AML

By Christine Duhaime | March 27th, 2013

The 2013 International Narcotics Control Strategy Report (“INCSR“) published this month by the U.S. Department of State, particularly volume I on the drug trafficking trade, is more favourable of Canada than the last two years, primarily as a result of the enactment in Canada of the Omnibus Crime Bill C-10, know as the Safe Streets and Communities Act.

However, Canada is still a “major money laundering country” along with, among others, Afghanistan, Brazil, Cambodia, Dominican Republic, Guernsey, Jersey, Libya, Mexico and Macau. A “major money laundering country” is one whose financial institutions engage in currency transactions involving significant amounts of proceeds from international narcotics trafficking.

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Bitcoin and other virtual currency transactions subject to Bank Secrecy Act in U.S.

By Christine Duhaime | March 18th, 2013

The US Financial Crimes Enforcement Network (“FinCEN“) has issued its interpretive guidance on the applicability of virtual currencies (the most popular of which is bitcoin) to the Bank Secrecy Act (“BSA“). Pursuant to the Guidance, a person or entity that: (1) exchanges; or (2) administers virtual currency or bitcoin, is a money services business (“MSB“) and is therefore subject to the registration, reporting and record-keeping obligations under BSA regulations (the “Regulations“). A mere “user” of virtual currency, however, is not subject to the Regulations.

A “user” of virtual currency is a person that uses it to buy goods or services. An “exchanger” is a person engaged, as a business, in exchanging virtual currency for real currency, funds, or other virtual currency. And an “administrator” is engaged, as a business, in issuing virtual currency and has the authority (and capability) to redeem or withdraw from circulation, the virtual currency. And as it relates to virtual currency, only those types that are convertible are subject to the Regulations, i.e., currency that has value in real currency or acts as a substitute for real currency.

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Justice for Victims of Terrorism Act comes info force in Canada

By Christine Duhaime | March 13th, 2013

As anticipated, the federal Justice for Victims of Terrorism Act (the “Act“) came into force in Canada on March 13, 2013 without much fanfare.

The Act creates a cause of action that allows victims of terrorism to sue natural and legal persons (and of particular interest, listed entities) and certain foreign states, in a Canadian court for loss or damages suffered as a result of acts or omissions that are punishable under Part II.1 of the Criminal Code (the terrorism offences). The cause of action is available to victims who are Canadian, permanent residents or if none of those, if they can demonstrate a real and substantial connection between their claim and Canada.

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CBSA at Vancouver airport seize $15 million in undeclared funds in a year

By Christine Duhaime | March 5th, 2013

According to this article in the Vancouver Sun, the Vancouver airport tops the country with the most seizures of unreported currency by travellers, with over $15 million intercepted in one year. Most of the persons entering or departing the country with undeclared currency originate or are travelling to, China.

Under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (“PCMLTFA”), every person must report without delay to the Canada Border Services Agency (“CBSA“) the importation into Canada or exportation out of Canada of currency or monetary instruments equal to or that exceed $10,000.

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Report on illicit transfer of funds out of Russia

By Christine Duhaime | February 17th, 2013

Global Financial Integrity has released an interesting study detailing the illicit flow of funds from Russia to other countries. The highlights of the study entitled “Russia: Illicit Financial Flows and the Role of the Underground Economy”, available here, are that:

  • From 1994 – 2011, Russia lost US$211 billion in illicit cash outflow;
  • Most of the illicit outflows appears to be from mis-invoicing of trade (trade-based money laundering);
  • Bribery and kick-backs appear to be underlying problem;
  • Russia’s underground economy is thriving and supports the illicit flow of funds; and
  • Better legal controls are needed to combat bribery, terrorist financing and money laundering.
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Soho China faces money laundering allegations

By Christine Duhaime | February 9th, 2013

The shares of Beijing-based Soho China, a premier commercial development company, fell 11% this week after allegations surfaced in China that the company may be involved in money laundering associated with the sale of 41 Soho China properties to Shanxi banking official Gong Aiai for approximately HK$1 billion. Ms. Gong was arrested in China for allegedly using multiple identities to buy the properties. Soho China is the largest property developer in China. The CEO of Soho China is Ms. Xia Zhang, one of the most influential women in business in the world.

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