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© 2004 International Monetary Fund

December 2004

IMF Country Report No. 04/414

Cook Islands: Assessment of the Supervision and Regulation of the Financial Sector Volume II—Detailed Assessment of Observance of Standards and Codes

This detailed assessment of observance of standards and codes in the financial sector of the Cook Islands in the context of the offshore financial center assessment program contains technical advice and recommendations given by the staff team of the International Monetary Fund in response to the authorities of the Cook Islands’ request for technical assistance. It is based on the information available at the time it was completed in October 2004. The staff s overall assessment relating to financial sector regulation and supervision can be found in Volume I. The views expressed in these documents are those of the staff team and do not necessarily reflect the views of the government of the Cook Islands or the Executive Board of the IMF.

The policy of publication of staff reports and other documents by the IMF allows for the deletion of market-sensitive information.

To assist the IMF in evaluating the publication policy, reader comments are invited and may be sent by e-mail to publicationpolicy@imf.org.

Copies of this report are available to the public from

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International Monetary Fund

Washington, D.C.

Front Matter Page

Assessment of the Supervision and Regulation of the Financial Sector

Volume II: Detailed Assessment of Observance of Standards and Codes

Cook Islands

October 2004

Front Matter Page

“The contents of this report constitute technical advice and recommendations given by the staff of the International Monetary Fund (IMF) to the Cook Islands in response to their request for technical assistance. With the written authorization of the recipient country’s authorities, this report (in whole or in part) or summaries thereof may be disclosed to IMF Executive Directors and their staff, and to technical assistance providers and donors outside the IMF. Disclosure of this report (in whole or in part) or summaries thereof to parties outside the IMF other than technical assistance providers and donors shall require the written authorization of the recipient country’s authorities and the IMF’s Monetary and Financial Systems Department.”

contents

  • Glossary

  • I. Assessment Of Observance Of The Basel Core Principles For Effective Banking Supervision

    • A. Overview

    • B. Detailed Assessment

    • C. Summary Compliance of the Basel Core Principles

    • D. Recommendations

  • II. Detailed Assessment Report on Anti-Money Laundering and Combating the Financing of Terrorism

    • A. General

    • B. Detailed Assessment

    • C. Ratings of Compliance with FATF Recommendations, Summary of Effectiveness of AML/CFT efforts, Recommended Action Plan and Authorities’ Response to the Assessment

  • Tables

  • 1. Detailed Assessment of Compliance of the Basel Core Principles

  • 2. Summary Compliance of the Basel Core Principles

  • 3. Recommended Action Plan to Improve Compliance of the Basel Core Principle

  • 4. Detailed Assessment of Criminal Justice Measures and International Cooperation

  • 5. Detailed Assessment of the Legal and Institutional Framework for Financial Institutions and its Effective Implementation

  • 6. Description of the Controls and Monitoring of Cash and Cross-Border Transactions

  • 7. Ratings of Compliance with FATF Recommendations Requiring Specific Action

  • 8. Summary of Effectiveness of AML/CFT Efforts

  • 9. Recommended Action Plan to Improve the Legal and Institutional Framework and to Strengthen the Implementation of AML/CFT Measures in Banking, Insurance and Securities Sectors

Glossary

AML

Anti-Money Laundering

AML/CFT

Anti-Money Laundering and Combating the Financing of Terrorism

APG

Asia Pacific Group on Money Laundering

BA

Banking Act 2003

CA

Crimes Act 1969

CFT

Combating the Financing of terrorism

CID

FTRR (Customer Identification)

CIG

Cook Islands Government

CIP

Cook Islands Police

CLAG

Combined Law Agency Group

CLO

Crown Law Office

CPA

Criminal Procedure Act 1980-81

CPAA

Criminal Procedure Amendment Act 2003

EA

Extradition Act 2003

ER

Extradition Regulations 2004

FATF

Financial Action Task Force on Money Laundering

FIU

Financial Intelligence Unit

FSC

Financial Services Commission

FSCA

Financial Services Commission Act 2003

FT

Financing of Terrorism

FTRA

Financial Transactions Reporting Act 2003

FTRR

Financial Transactions Reporting Regulations 2004

IAE

Independent AML/CFT Expert

ICA

International Companies Act 1981-82

ICR

International Companies (Evidence of Identity) Regulations 2004

ICSFT

International Convention for the Suppression of the Financing of Terrorism

LEG

Legal Department, IMF

MACMA

Mutual Assistance in Criminal Matters Act 2003

MACMAA

Mutual Assistance in Criminal Matters Amendment Act 2003

MFD

Monetary and Financial Systems Department, IMF

ML

Money Laundering

NCCT

Noncooperative Countries or Territories

PCR

Proceeds of Crime (Border Currency Report Form) Regulations 2004

POCA

Proceeds of Crime Act 2003

ROSC

Report on the Observance of Standards and Codes

SCR

United Nations Security Council Resolution

TCA

Trustee Companies Act 1981-82

UNSCRA

United Nations (Security Council Resolutions) Act 2003

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Cook Islands: Assessment of the Supervision and Regulation of the Financial Sector Volume II—Detailed Assessment of Observance of Standards and Codes
Author:
International Monetary Fund