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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.
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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 |
