Counter Terrorism Policy
1. POLICY STATEMENT
Family Planning NSW will not support in any form a person or organisation that it knows or has reason to believe advocates terrorism or engages in terrorist and/or money laundering activity.
Family Planning NSW adopts the best practice principles to safeguard the organisation against terrorism financing and money laundering activities.
2. BACKGROUND / PURPOSE
Non-profit organisations are at risk of being misused by individuals or other organisations to launder money and/or finance or support terrorist activity. Non-profit organisations face this risk because:
- agencies receive funds are from a wide range of sources, such as individual donors whose bona fides may be unknown
- agencies regularly transfer funds overseas and engage in international financial transactions
- agencies work within or near those areas that may be subject to terrorist activity
- agencies enjoy public trust and may not be subject to rigorous scrutiny
The consequences of becoming involved in terrorist financing and/or money laundering are significant, and can include loss of reputation, status and donor confidence. Individuals or organisations may face criminal penalties if they are involved in or facilitating money laundering and/or terrorist activities.
Money laundering is defined broadly in Division 400 of the Criminal Code Act 1995 (Criminal Code) to include more than just concealing the proceeds or instruments of crime. The Criminal Code makes it an offence to 'deal with' the proceeds of crime or an instrument of crime. 'Deal with' is defined as a person receiving, possessing, concealing or disposing of money or other property as well as importing, exporting or engaging in a banking transaction relating to money or other property.
Division 103 of the Criminal Code contains specific offences for terrorism financing. In general terms, a person commits an offence if they make funds available to another person, provide funds or collect funds and are reckless as to whether the funds will be used to facilitate, or engage in, a terrorist act. An offence is committed even if a terrorist act does not occur or if the funds will not be used towards a specific terrorist act. Penalties also apply under the Charter of the United Nations Act 1945 for making resources available to a designated person or entity.
To assist organisations counter terrorist infiltration, the Australian Government maintains two lists relating to terrorism financing:
- Attorney-General's Department maintains a listing of terrorist organisations, listing any groups that the government has proscribed as terrorist organisations under Division 102 of the Criminal Code Act 1995.
- Department of Foreign Affairs and Trade maintains a Consolidated List of the persons and entities who are subject to targeted financial sanctions or travel bans under the Australian sanctions laws (United Nations Security Council under the Charter of the United Nations Act 1945 and Australian autonomous sanctions implemented under the Autonomous Sanctions Act 2011). More information is available on the Department of Foreign Affairs and Trade website.
3. DEFINITIONS AND ABBREVIATIONS
| Term | Meaning |
|---|---|
| DFAT | Department of Foreign Affairs and Trade The department's role is to advance the interests of Australia and Australians internationally. This involves working to strengthen Australia's security; enhancing Australia's prosperity; delivering an effective and high quality aid programme; and helping Australian travellers and Australians overseas. |
| Listed individuals | Those terrorist persons and organisations listed on Australian Government Department of Foreign Affairs and Trade website (www.dfat.gov.au) and/or National Security Australia website (www.nationalsecurity.gov.au). |
| Money laundering | the process of concealing the origin, ownership or destination of illegally or dishonestly obtained money and hiding it within legitimate economic activities to make them appear legal. |
| Terrorism | The systematic use of violence and threats to intimidate or coerce for political purposes. |
| Terrorism financing | The financial support, in any form, of terrorism or those who encourage, plan or engage in terrorism. It generally falls into two broad categories:
|
4. SCOPE
Family Planning NSW International Programme
5. POLICY DETAILS
| 5.1 | Family Planning NSW will make all reasonable efforts to ensure that funds are not being directed to terrorist and/or money laundering activities. |
| 5.2 | Family Planning NSW must comply with Commonwealth, State and Territory laws and the laws of any foreign countries where services are provided. |
| 5.3 | Family Planning NSW should understand the level of risk that the organisation may be exposed to in relation to terrorism financing and/or money laundering activities, and where risk is evident, take necessary precautions. |
| 5.4 | Family Planning NSW will ensure that management, staff and volunteers are aware of the level of risk that their organisation may be exposed to in relation to terrorism financing and/or money laundering activities and, where risk is evident ensure that precautions are in place. |
| 5.5 | Family Planning NSW will take reasonable steps to know the beneficiaries, partners and any third parties they work with. |
| 5.6 | Family Planning NSW will regularly check against Australia’s list of terrorist organisations and the DFAT consolidated list that beneficiaries, partners and third parties are not listed individuals or organisations. |
| 5.7 | Family Planning NSW will conduct financial transactions where possible through regulated financial institutions, such as banks or building societies. |
| 5.8 | Family Planning NSW will conduct background checks of management, staff and volunteers. |
| 5.9 | Family Planning NSW should keep records of what assistance has been provided, who has received it, and the details of any third parties involved. |
| 5.10 | Family Planning NSW should conduct follow-up checks where possible to make sure that the assistance was delivered as intended. |
| 5.11 | Family Planning NSW will report any suspicious activity to the Australian Federal Police. |
| 5.12 | Where funds are provided to a third party Family Planning NSW will make all reasonable efforts to ensure the third party is aware of, and seek assurance that the third party will comply with, all applicable laws, and Family Planning NSW will make all reasonable efforts to ensure the third party is aware of, and seek assurance that the third party will comply with these Best Practice Principles. |
6. MONITORING, EVALUATION AND REVIEW
6.1 COMPLIANCE STRATEGY
| Item (Reference in document) | Audit frequency /evidence | Person responsible / Desired outcome |
|---|---|---|
| Review of partner organisations and third parties against the list of terrorist persons/organisations and consolidated list. And recorded on the Project Appraisal Checklist | Annually prior to entering MOU | Director Planning, Education and International Programme |
| Counter terrorism clauses are included in MOUs and reviewed annually to ensure currency with Australian government policy | Annually | Director Planning, Education and International Programme |
7. PROCEDURES
| 7.1 | In the development of partnership agreements Family Planning NSW staff must ensure that a full assessment of all partner organisations takes place and that any contracts or partnership agreements are established in line with Family Planning NSW organisational policies. This includes full and detailed partner assessment including nationally recognised and legal registration, sound financial management practices and policies, and work history detailing prior program or project implementation. |
| 7.2 | Contracts and partnership agreements must specifically refer to counter-terrorism regulations. |
| 7.3 | All Family Planning NSW staff must use their best endeavours to ensure that funds provided for agreed projects do not provide direct or indirect support, or resources to organisations and individuals associated with terrorism and/or financial sanctions. If, during the course of the program/project, Family Planning NSW staff discover any links whatsoever with any organisation or individual associated with terrorism they must immediately inform their manager or if appropriate the CEO. |
| 7.4 | As part of the partnership assessment, prior to finalisation of new contracts with partners, Family Planning NSW staff must refer to the Australian Government Department of Foreign Affairs and Trade website (www.dfat.gov.au) and National Security Australia website (www.nationalsecurity.gov.au) to ensure that the partners or contractors are not on the list of terrorist persons/organisations and DFAT consolidated list. this process is recorded on the Project Appraisal Checklist. |
| 7.5 | All staff must be provided with regular updates on terrorist issues and risks and be made aware of how they relate to their own areas of work responsibilities and in particular to their own safety and security with particular reference to the organisational travel policy and procedures. |
| 7.6 | Prior to travelling in country, staff must ensure that they perform an up-to-date assessment of the risk of terrorism in the areas where they are travelling as part of their pre departure security and safety screening process. |
| 7.7 | If reports of terrorism and/or money laundering activities by partner organisations or their staff are received by Family Planning NSW, then Family Planning NSW staff must, in accordance with Australian law and/or international human rights instruments, immediately investigate allegations and act, if necessary, to suspend the partnership. |
8. REFERENCES
- Australian Government AUSTRAC and Australian Charities and Non-for profits Commission. National Risk Assessment 2017: Australia's non-profit organisation sector money laundering / terrorism financing.
- ACFID Code of Conduct 2018. Good Practice Toolkit, Commitment 8.2.1 Members can control and manage their financial resources
- Department of Foreign Affairs. Australian NGO Accreditation Guidance Manual 2018, section 5.5 safeguard against terrorism financing.
