De-banking is the process of blocking a certain person or business from having accounts at banks. Banking is central to everything we do. If a person or business is de-banked, they are essentially shut out from society. The banks claim that they have de-banked certain businesses based on their money laundering risk, but anti-money laundering enforcers AUSTRAC have said that no one should be de-banked based on this.
Digging a bit further we find that many of the business being de-banked; bullion dealers, third party ATM operators, cryptocurrency exchanges and cash transport; we realise that many of these are direct competitors to the banks. Something smells fishy to me here. APRA needs to do a better job of investigating and not just take the banks word for it.
Transcript
[Senator Roberts] Thank you all for attending today. Last October, I raised with you the issue of de-banking and use the case of Paul Thomas’ cash in transit business commander security and AUSTRAC and AML compliant organisation that had their business accounts closed by Westpac and then was refused business banking across the whole banking sector, Wayne Byers, chair, you promised to look at it, look into it, two weeks after estimates, Westpac gave notice that they were now closing his personal account with St. George bank, which he’d had for 30 years. A joint account, they’re also closing his joint account he has with the business partner and ending withdrawal rights he has on a major, on a joint venture, sorry a joint mortgage account he has with a relative. Did you look into his case, as you said?
[Witness] So I think the issue is one in which you have a bank that has been found to not be adhering to its AML responsibilities. The bank has therefore looked very closely at it’s frameworks, it’s standards, its controls around detecting and preventing anti money laundering and has made some decisions about whether it thinks customers, including, probably the case you’re referring to, but, can be safely banked and allow the bank to satisfy itself that it is meeting its obligations and they have come to the decision that is a customer that they don’t think they can meet those obligations.
[Senator Roberts] He’s AML compliant.
[Witness] Yeah. I can only tell you that’s their decision.
[Senator Roberts] So it looks like Westpac really got him, well and truly. Now all banks use the same risk management company. Being de-banked by one bank means being de-banked by all the banks, even the Coba banks. So what is this man Paul supposed to do now? His customers need him to resupply their non-bank ATM’s in clubs and pubs. Where is the appeal mechanism in these de-banking cases? Who do they turn to? We’re seeing a bank competitor here being de-banked. Wiping out a competitor.
[Witness] So I’m not sure if your reference, Senator, to all banks use the same risk management company?
[Senator Roberts] Same, same company that assesses their risk for money laundering and so on.
[Witness] I think there’s more than one and, and ultimately it’s an individual bank’s responsibility. It can’t outsource that responsibility. Yes there are suppliers of systems that help banks do that, but there’s more than one. So it’s a difficult, it is a difficult question. And I don’t pretend, I don’t pretend that there’s an easy answer to it. But banks do have their obligations, they have to adhere to them. And they do need to, and it’s quite clear there will be significant penalties if they do not.
[Senator Roberts] And APRA has its responsibilities too because these banks are shutting down whole industries potentially.
[Witness] Yes, but in this particular case where we’re dealing with a bank that is seeking to comply with the law that’s administered by another agency, it’s difficult for us to intervene in that issue.
[Senator Roberts] Well AFCA refused to hear these cases. They don’t hear anti money laundering cases. So I wanted to discuss this issue with AFCA at estimates, but they refuse to attend estimates. The concept of anti money laundering, sorry, the concept of being held accountable for their actions was too much for them to handle apparently so I repeat my question. What do these businesses and their employees do now?
[Witness] I don’t have a, I don’t have a, an answer to that question other than to, other than to try and seek to understand what are the issues of the nature of the business that has caused the concern.
[Senator Roberts] Could, could my office contact yours?
[Witness] Yeah Absolutely.
[Senator Roberts] When I look through the company–
[Chair] Senator Roberts needs to be the last question.
[Senator Roberts] When I looked through the companies that are being de-banked, I see their competitors of the banks, remittance companies, Bitcoin and digital currency vendors, gold bullion dealers, cash handling companies that supply non-bank ATM’s with cash. Why is APRA allowing the banks to increase their market power by de-banking their customers?
[Witness] Well, it’s not, we’re not allowing banks to do, or disallowing banks from doing anything. The issue that is at the heart of this, and as you say, it’s not just this particular company, but it’s remittance services and other things is the potential for cash transactions, or transaction sorry, to be occurring anonymously. And that make it difficult therefore for the banks to satisfy their obligations to AUSTRAC and therefore they have to make a business decision about whether they wish to bear that risk. And in many cases, in the light of the experience of two major banks who’ve had very large penalties levied on them. Clearly they are making sure they are compliant with the law.
[Witness] Senator can I just add one little one.
[Chair] Very, very quickly.
[Senator Roberts] Thank you, chair. Even Paul, Jeff Devic at AUSTRAC has said don’t de-bank these people in the name of AUSTRAC. If this is in response to AML legislation, why have you not asked treasury to review that legislation to correct this unintended consequence? And isn’t this unconscionable conduct?
[Witness] Well senator, we can comment on what’s in our purview. And as the chair has indicated, we don’t make directions for banks to have particular customers or not have particular customers but they do have to adhere to the laws that abide all entities.
[Senator Roberts] Isn’t it unconscionable conduct to wipe out a competing industry?
[Witness] Well unconscionable conduct is an issue for ASIC, not for APRA.
[Chair] We do need to move on Senator Roberts.
