Money laundering and terrorist financing, also referred to jointly as financial crime, have given rise to an extensive legal and regulatory regime across much of the developed world. Banks and other regulated businesses monitor and report their customers' activities to law enforcement agencies. Law enforcement agencies, in turn, sift through a myriad such reports to identify truly criminal behavior and benefit from an ever-expanding array of tools at their disposal to confiscate the proceeds of crime (or funds intended for terrorist use).

Over the past decades, the anti-money laundering and counter-terrorist financing (AML/CTF) regime has come to play an important yet controversial role in criminal justice and financial regulation alike. This role is particularly prominent because money laundering can involve the proceeds of any predicate offense, ranging from drug trafficking to cybercrime, which accounts for the increasingly central role of AML/CTF measures in criminal justice.

The principal objective of this course is to introduce students to key concepts, principles, legal and practical challenges, and policy debates in AML/CTF. These include:

• The scale of the problem and the effectiveness of AML/CTF measures;
• The relationship between money laundering and terrorist financing;
• Key obligations of regulated businesses, including financial institutions, designated non-financial businesses and professions (DNFBPs) and virtual asset service providers (VASPs);
• The operation of the suspicious transaction/activity/matter reporting regime;
• The role of the Financial Action Task Force (FATF) and FATF style regional bodies;
• The impact of technological developments on AML/CTF policies, including the impact of cybercrime and virtual assets.

The course will be of particular relevance to those interested in criminal justice, especially in the fields of organised crime or white-collar crime, or financial regulation. The course will focus principally on Australian law as well as the FATF Recommendations, a set of international standards that de facto shapes domestic AML/CTF regimes, including in Australia.

Learning Outcomes

Upon successful completion, students will have the knowledge and skills to:

1. Critically analyse the role of AML/CTF measures in a broader criminal justice context
2. Evaluate the objectives of the AML/CTF regime and its suitability to achieving those objectives
3. Assess key areas of legal and policy reform in Australia's and global AML/CTF frameworks
4. Research major developments that affect the effectiveness of AML/CTF measures

Research-Led Teaching

The lecturer in this course, Anton Moiseienko, has research interests in transnational crime, economic crime and cybercrime, as well as legal and policy aspects of targeted sanctions.

Field Trips

N/A

Additional Course Costs

N/A

Recommended Resources

Whether you are on campus or studying remotely, there are a variety of online platforms you will use to participate in your study program. These could include videos for lectures and other instruction, two-way video conferencing for interactive learning, email and other messaging tools for communication, interactive web apps for formative and collaborative activities, print and/or photo/scan for handwritten work and drawings, and home-based assessment.

ANU outlines recommended student system requirements to ensure you are able to participate fully in your learning. Other information is also available about the various Learning Platforms you may use.

Staff Feedback

Students will be given feedback in the following forms in this course:

• written comments
• verbal comments
• feedback to whole class, groups, individuals, focus group etc

Student Feedback

ANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). Feedback can also be provided to Course Conveners and teachers via the Student Experience of Learning & Teaching (SELT) feedback program. SELT surveys are confidential and also provide the Colleges and ANU Executive with opportunities to recognise excellent teaching, and opportunities for improvement.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Class 1 Introduction to Financial Crime Law
2	Class 2 AML/CTF Regulation (1)
3	Class 3 AML/CTF Regulation (2)
4	Class 4 Terrorist Financing
5	Class 5 Proliferation Financing
6	Class 6 Economic Sanctions
7	Class 7 Virtual Assets and Financial Crime
8	Class 8 Tax Havens and Beneficial Ownership
9	Class 9 Unintended Consequences of Financial Crime Rules

Tutorial Registration

ANU utilises MyTimetable to enable students to view the timetable for their enrolled courses, browse, then self-allocate to small teaching activities / tutorials so they can better plan their time. Find out more on the Timetable webpage.

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Quiz	10 %	26/04/2023	04/05/2023	1,2
Parliamentary Submission	30 %	15/05/2023	02/06/2023	1,2,3,4
Final Essay	60 %	31/05/2023	23/06/2023	1,2,3,4

* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details

Policies

ANU has educational policies, procedures and guidelines , which are designed to ensure that staff and students are aware of the University’s academic standards, and implement them. Students are expected to have read the Academic Integrity Rule before the commencement of their course. Other key policies and guidelines include:

• Academic Integrity Policy and Procedure
• Student Assessment (Coursework) Policy and Procedure
• Special Assessment Consideration Guideline and General Information 
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure
• Code of practice for teaching and learning

Assessment Requirements

The ANU is using Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. For additional information regarding Turnitin please visit the Academic Skills website. In rare cases where online submission using Turnitin software is not technically possible; or where not using Turnitin software has been justified by the Course Convener and approved by the Associate Dean (Education) on the basis of the teaching model being employed; students shall submit assessment online via ‘Wattle’ outside of Turnitin, or failing that in hard copy, or through a combination of submission methods as approved by the Associate Dean (Education). The submission method is detailed below.

Moderation of Assessment

Marks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.

Assessment Task 1

Quiz

Details of Task: There will be an online quiz, consisting of 10 multiple choice questions.

Nature of Task: Compulsory and non-redeemable. Failure to complete will result in a mark of zero for this task.

Weighting: 10%

Release: 5pm, Monday 24 April 2023 on WATTLE.

Duration: 30 minutes. Once you have commenced your attempt, you will have 30 minutes to complete it. The quiz will finish after 30 minutes and any open attempts will close and be submitted automatically. Please allow sufficient time to complete your attempt.

Due Date: 5pm, Wednesday 26 April 2023. The quiz will not be available after this date. If you experience extenuating circumstances and cannot attempt the assessment on the due date and time, you should apply for an extension here. The College will give you one final opportunity to complete the assessment, at the same time one week later. If you have already accessed the assessment, you will not be approved an extension and will need to complete the task by the due date. However, you can apply for special consideration for your circumstances to be considered.

Estimated Return Date: Thursday 4 May 2023. You will receive feedback on your answers through WATTLE.

Assessment Criteria: The mark for the quiz will be based on the number of correct responses.

Assessment Task 2

Parliamentary Submission

Details of Task: Students must submit a Parliamentary Submission in response to the given inquiry. This assessment task addresses learning outcomes 1, 2, 3 and 4.

Nature of Task: Compulsory and non-redeemable. Failure to complete will result in a mark of zero for this task.

Weighting: 30%

Release: 5pm, Friday 21 April 2023 on WATTLE.

Word Limit: 1,800 words. The ANU College of Law's Word Length and Excess Word penalties policy can be found here.

Submission Requirement: Your submission must be made in a word processing file format (.doc, .docx). PDF files will not be accepted. AGLC citation is not required.

Due Date: 5pm, Monday 15 May 2023. Late submissions (without an extension) are permitted, but late penalties will apply.

Estimated Return Date: Friday 2 June 2023.

Assessment Criteria: Students will be assessed in accordance with the following criteria:

• Clarity;
• Identification of relevant legal and policy issues; and
• Appropriate use of sources.

Assessment Task 3

Final Essay

Details of Task: Students must submit a research essay in response to one of a selection of essay questions. This assessment task addresses learning outcomes 1, 2, 3 and 4.

Nature of Task: Compulsory and non-redeemable. Failure to complete will result in a mark of zero for this task.

Weighting: 60%

Release: 5pm, Friday 28 April 2023 on WATTLE.

Word Limit: 3,600 words. The ANU College of Law's Word Length and Excess Word penalties policy can be found here.

Submission Requirement: Your submission must be made in a word processing file format (.doc, .docx). PDF files will not be accepted. Footnotes should be used for the referencing of all sources. All references should be compliant with the current edition of the Australian Guide to Legal Citation.

Due Date: 5pm, Wednesday 31 May 2023. Late submissions (without an extension) are permitted, but late penalties will apply.

Estimated Return Date: Friday 23 June 2023.

Assessment Criteria: Students will be assessed in accordance with the following criteria:

• Clarity;
• Identification of relevant legal and policy issues; and
• Appropriate use of sources.

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. The University’s students are an integral part of that community. The academic integrity principle commits all students to engage in academic work in ways that are consistent with, and actively support, academic integrity, and to uphold this commitment by behaving honestly, responsibly and ethically, and with respect and fairness, in scholarly practice.

The University expects all staff and students to be familiar with the academic integrity principle, the Academic Integrity Rule 2021, the Policy: Student Academic Integrity and Procedure: Student Academic Integrity, and to uphold high standards of academic integrity to ensure the quality and value of our qualifications.

The Academic Integrity Rule 2021 is a legal document that the University uses to promote academic integrity, and manage breaches of the academic integrity principle. The Policy and Procedure support the Rule by outlining overarching principles, responsibilities and processes. The Academic Integrity Rule 2021 commences on 1 December 2021 and applies to courses commencing on or after that date, as well as to research conduct occurring on or after that date. Prior to this, the Academic Misconduct Rule 2015 applies.

 

The University commits to assisting all students to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. All coursework students must complete the online Academic Integrity Module (Epigeum), and Higher Degree Research (HDR) students are required to complete research integrity training. The Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as understanding and upholding academic integrity.

Online Submission

You will be required to electronically sign a declaration as part of the submission of your assignment. Please keep a copy of the assignment for your records. Unless an exemption has been approved by the Associate Dean (Education) submission must be through Turnitin in a word processing file format (.doc, .docx). Electronic copies in .pdf file format are not acceptable.

Hardcopy Submission

For some forms of assessment (hand written assignments, art works, laboratory notes, etc.) hard copy submission is appropriate when approved by the Associate Dean (Education). Hard copy submissions must utilise the Assignment Cover Sheet. Please keep a copy of tasks completed for your records.

Late Submission

Individual assessment tasks may or may not allow for late submission. Policy regarding late submission is detailed below:

• Late submission not permitted. If submission of assessment tasks without an extension after the due date is not permitted, a mark of 0 will be awarded.
• Late submission permitted. Late submission of assessment tasks without an extension are penalised at the rate of 5% of the possible marks available per working day or part thereof. Late submission of assessment tasks is not accepted after 10 working days after the due date, or on or after the date specified in the course outline for the return of the assessment item.
• Late submission is not accepted for tests or examinations.
• Late submission with an extension. To ensure equity for all students, the 5% penalty per working day for late submission of work does not apply if you have been granted an extension. Where an extension is granted, the revised due date and submission time will be provided in writing. Importantly, any revised due date is inclusive of weekends and public holidays. Regardless of which day of the week the revised due date falls on, students who submit after that date will be penalised by 5% of the possible marks available for the task per 24-hour period. 

Referencing Requirements

The Academic Skills website has information to assist you with your writing and assessments. The website includes information about Academic Integrity including referencing requirements for different disciplines. There is also information on Plagiarism and different ways to use source material.

Returning Assignments

All marks and feedback will be provided by the return date listed in the class summary.

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. Extensions may be granted for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date.

Privacy Notice

The ANU has made a number of third party, online, databases available for students to use. Use of each online database is conditional on student end users first agreeing to the database licensor’s terms of service and/or privacy policy. Students should read these carefully. In some cases student end users will be required to register an account with the database licensor and submit personal information, including their: first name; last name; ANU email address; and other information.
In cases where student end users are asked to submit ‘content’ to a database, such as an assignment or short answers, the database licensor may only use the student’s ‘content’ in accordance with the terms of service – including any (copyright) licence the student grants to the database licensor. Any personal information or content a student submits may be stored by the licensor, potentially offshore, and will be used to process the database service in accordance with the licensors terms of service and/or privacy policy.
If any student chooses not to agree to the database licensor’s terms of service or privacy policy, the student will not be able to access and use the database. In these circumstances students should contact their lecturer to enquire about alternative arrangements that are available.

Distribution of grades policy

Academic Quality Assurance Committee monitors the performance of students, including attrition, further study and employment rates and grade distribution, and College reports on quality assurance processes for assessment activities, including alignment with national and international disciplinary and interdisciplinary standards, as well as qualification type learning outcomes.

Since first semester 1994, ANU uses a grading scale for all courses. This grading scale is used by all academic areas of the University.

Support for students

The University offers students support through several different services. You may contact the services listed below directly or seek advice from your Course Convener, Student Administrators, or your College and Course representatives (if applicable).

• ANU Health, safety & wellbeing for medical services, counselling, mental health and spiritual support
• ANU Access and inclusion for students with a disability or ongoing or chronic illness
• ANU Dean of Students for confidential, impartial advice and help to resolve problems between students and the academic or administrative areas of the University
• ANU Academic Skills and Learning Centre supports you make your own decisions about how you learn and manage your workload.
• ANU Counselling Centre promotes, supports and enhances mental health and wellbeing within the University student community.
• ANUSA supports and represents undergraduate and ANU College students
• PARSA supports and represents postgraduate and research students