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Viewing cable 10JAKARTA136, INDONESIAN FIU FEARS FATF SANCTIONS

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Reference ID Created Released Classification Origin
10JAKARTA136 2010-02-01 06:56 2011-08-24 01:00 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Jakarta
VZCZCXRO2724
OO RUEHDT RUEHPB
DE RUEHJA #0136/01 0320656
ZNR UUUUU ZZH
O 010656Z FEB 10
FM AMEMBASSY JAKARTA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 4401
INFO RUEAWJB/DEPT OF JUSTICE WASHDC PRIORITY
RUCNARF/ASEAN REGIONAL FORUM COLLECTIVE PRIORITY
RHEHNSC/NSC WASHDC PRIORITY
RUEAIIA/CIA WASHDC PRIORITY
RUEATRS/DEPT OF TREASURY WASHDC
RUEILB/NCTC WASHINGTON DC
RUEHGP/AMEMBASSY SINGAPORE 6698
UNCLAS SECTION 01 OF 02 JAKARTA 000136 
 
SENSITIVE 
SIPDIS 
 
DEPT FOR EAP, EAP/MTS, EAP/RSP, INR/EAP, S/CT FOR LONG, 
INL FOR CARLON/BLOOMQUIST, EEB/ESC/TFS 
DOJ FOR AAG SWARTZ, OPDAT FOR ALEXANDRE/BERMAN/HAKIM 
NSC FOR J.BADER, D.WALTON 
KUALA LUMPUR FOR G.CHAPMAN 
TREASURY FOR IA, TFFC, OIA AND FINCEN 
SINGAPORE FOR S.BLEIWEIS 
 
E.O. 12958: N/A 
TAGS: PGOV PREL PTER KCRM KJUS KTFN EFIN SNAR PHUM ASEC
ID 
SUBJECT: INDONESIAN FIU FEARS FATF SANCTIONS 
 
1. (SBU) Summary: On January 21, Embassy RLA met with 
representatives of the Indonesian Financial Intelligence Unit 
(PPATK) to discuss concerns about a recent FATF review of the GOI 
anti-money laundering/counter terrorist financing (AML/CFT) regime. 
The PPATK interlocutors expressed concern that the review could lead 
to the imposition of sanctions at FATF's February meeting in Paris. 
Stressing that Indonesia had made and was continuing to make 
significant progress on deficiencies identified in the last FATF 
evaluation, the PPATK interlocutors requested Embassy RLA 
communicate this progress to Daniel Glaser, Deputy Assistant 
Secretary for Terrorism Financing and Financial Crimes, Co-Chair of 
FATF's International Cooperation Review Group (ICRG).  They 
specifically pointed out that new anti-money laundering legislation 
had recently been redrafted to broaden the list of predicate 
offenses and that an interagency working group had rewritten 
Indonesia's terrorism financing law to address serious FATF 
concerns. End Summary. 
 
2. (SBU) In July 2009, FATF advised Finance Minister Sri Mulyani 
Indrawati that Indonesia had been selected for a "targeted" ICRG 
review of its anti-money laundering/counter terrorist financing 
regime.  The basis for FATF's decision was the GOI's failure to 
meaningfully address FATF's 16 core and key recommendations relating 
to the criminalization of money laundering and terrorism financing, 
customer identification and record keeping, and suspicious 
transaction reporting.  A 2008 Mutual Evaluation Review of Indonesia 
conducted by the Asia Pacific Group resulted in findings of 
non-compliant or partially compliant on twelve of sixteen key and 
core FATF recommendations. 
 
3. (SBU) In October 2009, an ICRG regional review group headed by 
Australia and Malaysia conducted an intensive review of the GOI's 
AML/CFT regime. The detailed report, issued on January 10, 2010, 
noted significant deficiencies continue to exist concerning key and 
core FATF recommendations, including the lack of an efficient 
mechanism to freeze terrorist assets, and vulnerabilities in the 
monitoring and regulation of the non-profit sector.  The report 
criticized the lack of terrorism financing prosecutions, noting a 
lack of capacity among police and prosecutors to investigate and 
prosecute terrorism financing offenses.  But the report also noted 
that since the MER, Indonesia had drafted new AML and Terrorism 
financing legislation to address FATF concerns and made other 
improvements relating to key and core FATF recommendations which had 
previously been rated non-compliant or partially compliant. 
 
4. (SBU) Djoko Kurnijanto, PPATK Directorate of Inter-Agency 
Cooperation, Fithriadi Muslim, PPATK Directorate of Law and 
Regulation, and Said Imran, PPATK International Relations Officer 
asked Embassy RLA to advise Glaser, IRCG Co-Chair, that the GOI has 
taken urgent action to address the deficiencies identified in the 
2008 MER review.  Djoko stated that an inter-agency drafting team 
headed by PPATK had drafted a new terrorism financing bill to 
address FATF critiques of Indonesia's 2003 anti-terrorism law.  This 
draft legislation, he noted, will soon go to the Ministry for Law 
and Human Rights and then to Parliament. 
 
5. (SBU) Djoko also explained that the 2006 draft AML legislation 
had recently been withdrawn from Parliament and amended to further 
address FATF concerns.  Specifically, the number of predicate 
offenses for money laundering has been increased to include all 
offenses punishable by more than one year in prison.  Djoko 
anticipates the President will sign the draft legislation and return 
it to Parliament within the next three weeks.  This new AML 
legislation is a priority and PPATK anticipates that it will be 
promulgated by the end of 2010.  Djoko stated that government had 
nearly completed its survey of the NPO sector and is working with 
the U.K. Charity Commission on NPO regulation.  He pointed out that 
additional efforts were underway to address deficiencies identified 
by FATF in wire transfers, alternate remittance methods and cross 
border cash and negotiable instrument couriers.  Djoko concluded 
with a plea that Embassy RLA communicate these efforts to Glaser 
before the next FATF meeting in Paris in February. 
 
7. (SBU) Comment: THE ICRG review is valuable in identifying 
continued deficiencies in its AML/CFT regime which Indonesia must 
address.  The review should also accurately reflect the substantial 
 
JAKARTA 00000136  002 OF 002 
 
 
efforts the GOI is undertaking to meet FATF standards.  It is 
crucial that the GOI expedite the passage of the amended AML and the 
new CFT legislation. The threat of imposition of sanctions, however, 
is likely to undermine those in the GOI driving the effort to meet 
FATF standards.  End Comment. 
 
HUME