Financial Transactions and Reports Analysis Centre of Canada

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Financial Transactions and Reports Analysis Centre of Canada
Centre d'analyse des opérations et déclarations financières du Canada
Agency overview
Formed2000
HeadquartersOttawa, Ontario, Canada
Employees342[1]
Annual budget$51.5 million
Minister responsible
Agency executive
  • Barry MacKillop[2], Interim Director
Parent agencyDepartment of Finance
Key document
  • Proceeds of Crime (Money Laundering and Terrorist Financing) Act
Websitefintrac-canafe.gc.ca

The Financial Transactions and Reports Analysis Centre of Canada (FINTRAC; French: Centre d'analyse des opérations et déclarations financières du Canada) is the national financial intelligence agency of Canada. FINTRAC was established in 2000 under the Proceeds of Crime (Money Laundering) Act to facilitate detection and investigation of money laundering, FINTRAC's mandate was expanded in December 2001 following amendments to the Proceeds of Crime Act to also disclose financial intelligence to other Canadian intelligence and law enforcement agencies with respect to suspected terrorist financing.[3] FINTRAC's mandate was further expanded in 2006 under Bill C-25 to enhance the client identification, record-keeping and reporting measures, established a registration regime for money services businesses and foreign exchange dealers, and created new offences for not registering.[4]

FINTRAC has been a member of the Egmont Group of Financial Intelligence Units, an international organization of financial intelligence bodies, since June 2002.[5]

Activities[edit]

FINTRAC receives information from regulated entities on:

  • Suspicious transactions
  • Suspected terrorist property
  • Large cash transactions[6]
  • Outgoing or Incoming International Electronic funds transfer over $10,000 CAD[7] within a 24 hour period
  • Cross border currency reporting

In 2009, FINTRAC estimated that the amount of money laundered on an annual basis is somewhere between $5 and $15 billion.[8]

FINTRAC publishes Annual results, Quarterly updates, performance reports, and notices.[9]

FINTRAC analyzes approximately 19 million transactions per year.[10] In 2017, FINTRAC made 2,000 disclosures to police forces.[10]

Directors[edit]

The Director is appointed by the Governor-in-Council for a term of not more than five years during the pleasure of the Governor General and on the expiry of a first or subsequent term of office but no person shall hold office as Director for terms of more than ten years in the aggregate.[11]

  • Nada Semaan, March 5, 2018[12]
  • Barry MacKillop (Interim Director), October 18, 2017 - March 4, 2018.[13]
  • Gérald Cossette, October 15, 2012 – October 17, 2017[14]
  • Jeanne M. Flemming, March 3, 2008 – 2012[15]
  • Keith Fernandez, Acting Director, 2007 - 2008[16]
  • Horst Intscher, 2000 - 2007

Reports[edit]

Depending on reporting entities activities the following reports [17] are to be filed with FINTRAC.

  • Suspicious transactions[18]
  • Large cash transactions[6]
  • Electronic funds transfers[7]
  • Casino disbursements[19]
  • Terrorist property[20]
  • Alternative to large cash transaction reports[21]

FINTRAC can also receive the following information.

  • Cross-border currency or monetary instruments reports[22]
  • Voluntary Information

Oversight[edit]

FINTRAC reports to the Parliament of Canada through the Minister of Finance. Section 72(2) of the Proceeds of Crime (Money Laundering and Terrorist Financing) Act also mandates audits of FINTRAC by the Privacy Commissioner of Canada every two years.[23]

Since 2019 its national security and intelligence activities are subject to oversight by the National Security and Intelligence Review Agency and the National Security and Intelligence Committee of Parliamentarians.[23]

Criticism[edit]

In 2009, the Privacy Commissioner of Canada reported that FINTRAC was receiving and retaining personal information beyond its remit, in breach of the Privacy Act, and that this "presents an unquestionable risk to privacy by making available for use or disclosure personal information which should never have been obtained."[24]

See also[edit]

References[edit]

  1. ^ "Statement by Darlene Boileau, Deputy Director, Strategic Policy and Public Affairs Financial Transactions and Reports Analysis Centre of Canada, before the Senate Banking, Trade and Commerce Committee". Fintrac. 2012-02-09. Retrieved 2012-06-09.
  2. ^ "Director". Financial Transactions and Reports Analysis Centre of Canada. 2015-10-08. Retrieved 2015-12-14.
  3. ^ "FINTRAC - Who We Are". Retrieved 2006-06-28.
  4. ^ "Bill C-25 (Historical) | openparliament.ca". openparliament.ca. Retrieved 2018-04-25.
  5. ^ "FINTRAC is a member of the Egmont Group". FINTRAC. 2012-06-04.
  6. ^ a b A large cash transaction is considered to be CA$10,000 or more.
  7. ^ a b Canada, Financial Transactions and Reports Analysis Centre of. "Electronic funds transfers". www.fintrac-canafe.gc.ca. Retrieved 2018-04-25.
  8. ^ "Money laundering in Canada, 2009". www.statcan.gc.ca. Retrieved 2018-04-25.
  9. ^ Canada, Financial Transactions and Reports Analysis Centre of. "Corporate reports". www.fintrac-canafe.gc.ca. Retrieved 2018-04-26.
  10. ^ a b Leblanc, Daniel; Hannay, Chris (November 28, 2018). "Raj Grewal queried federal agencies on ability to probe money laundering". The Globe and Mail. Archived from the original on December 2, 2018.
  11. ^ "Proceeds of Crime (Money Laundering) and Terrorist Financing Act". Laws-lois.justice.gc.ca. Retrieved 2013-09-07.
  12. ^ Canada, Financial Transactions and Reports Analysis Centre of. "Director and Chief Executive Officer". www.fintrac-canafe.gc.ca. Retrieved 2018-04-26.
  13. ^ The Prime Minister announces changes in the senior ranks of the Public Service
  14. ^ "Financial Transactions and Reports Analysis Centre of Canada - Director".
  15. ^ "Prime Minister announces changes in the senior ranks of the Public Service - Prime Minister of Canada". Pm.gc.ca. Archived from the original on 2010-03-02. Retrieved 2013-09-07.
  16. ^ "Travel and Hospitality Expense Reports - Search by Senior Level FINTRAC Employees - FINTRAC - Financial Transactions and Reports Analysis Centre of Canada". Fintrac-canafe.gc.ca. 2012-06-27. Retrieved 2013-09-07.
  17. ^ Canada, Financial Transactions and Reports Analysis Centre of. "Financial transactions that must be reported". www.fintrac-canafe.gc.ca. Retrieved 2018-04-26.
  18. ^ Canada, Financial Transactions and Reports Analysis Centre of. "Suspicious transactions". www.fintrac-canafe.gc.ca. Retrieved 2018-04-26.
  19. ^ Canada, Financial Transactions and Reports Analysis Centre of. "Casino Disbursements". www.fintrac-canafe.gc.ca. Retrieved 2018-04-26.
  20. ^ Canada, Financial Transactions and Reports Analysis Centre of. "Terrorist Property". www.fintrac-canafe.gc.ca. Retrieved 2018-04-26.
  21. ^ Canada, Financial Transactions and Reports Analysis Centre of. "Alternative to large cash transactions". www.fintrac-canafe.gc.ca. Retrieved 2018-04-26.
  22. ^ Agency, Government of Canada, Canada Border Services. "Travellers - Travelling with CAN$ 10,000 or more". www.cbsa-asfc.gc.ca. Retrieved 2018-04-26.
  23. ^ a b Therrien, Daniel (1 March 2018). "Appearance before the House of Commons' Standing Committee on Finance for its statutory review of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA)". Office of the Privacy Commissioner of Canada. Retrieved 27 June 2020.
  24. ^ "Audit of the Financial Transactions and Reports Analysis Centre of Canada". Retrieved 2010-07-21.

External links[edit]