Nils Silinevics
Partner · AML & Crypto Compliance · Former FIU Investigator
Kraken is registered with AUSTRAC (financial intelligence) + ASIC (corporate regulator) in Australia. That means we have a direct regulatory path to resolve your freeze. Swiss legal team with AUSTRAC expertise. 90%+ success rate.
Kraken is AUSTRAC-registered as DCE in Australia
AUSTRAC requires crypto exchanges to register as 'digital currency exchange (DCE) providers' — mandatory since 2018; ASIC regulates crypto investment products
This matters because it determines which regulatory body has authority over your case — and whether you have a direct complaint path or need cross-jurisdictional legal action.
Good news: Since Kraken is registered with AUSTRAC (financial intelligence) + ASIC (corporate regulator), we have a direct regulatory complaint path. If Kraken doesn't resolve your case within a reasonable time, we escalate to AUSTRAC (financial intelligence) + ASIC (corporate regulator) — and the platform knows this.
under AML/CTF Act, you can complain to AUSTRAC; also AFCA (Australian Financial Complaints Authority) for consumer disputes
Under Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (AML/CTF Act), Kraken must conduct customer due diligence and can freeze accounts during AML investigations. However, they must also:
If Kraken doesn't meet these obligations, we escalate to AUSTRAC (financial intelligence) + ASIC (corporate regulator) and file a formal legal submission. For a broader comparison of how Australia's rules stack up against other jurisdictions, see our AML laws by country reference.
capital gains tax (CGT) — 50% discount if held >12 months; income tax if trading as business
If your Kraken account is frozen, you may still need to declare your crypto holdings on your Australia tax return — even if you can't access them. Under Australia law, the tax obligation may apply regardless of whether the funds are accessible. We recommend consulting a Australian tax advisor.
If the freeze causes you to miss a tax deadline, we can provide documentation for the AUSTRAC (financial intelligence) + ASIC (corporate regulator) and tax authority explaining the situation.
A Australian client's bank blocked a fiat withdrawal from Kraken to their Australia bank account. The bank cited Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (AML/CTF Act) and requested source-of-funds documentation. We coordinated between Kraken, the bank, and AUSTRAC (financial intelligence) + ASIC (corporate regulator) to resolve the compliance hold. We resolved the case by filing a complaint with AUSTRAC (financial intelligence) + ASIC (corporate regulator) and simultaneously submitting documentation to Kraken.
Details anonymized to protect client confidentiality. Swiss professional secrecy applies.
We analyze your Kraken account, transaction history, and Australia regulatory context to identify the exact trigger. Was it a Chainalysis risk flag? A sanctions screening match? A source-of-funds demand? Each requires a different strategy.
We prepare documentation compliant with Anti-Money Laundering and Counter-Terrorism Financing Act 2006 — not just Kraken's standard templates. This includes source-of-funds proof, transaction tracing, and any required AUSTRAC-specific forms.
We submit through Kraken's compliance channels — not standard support. Our submission is in English and references AUSTRAC guidelines. We also file a parallel complaint with AUSTRAC if needed.
We verify everything works and advise on preventing recurrence on Kraken. If Kraken doesn't respond within no statutory maximum; AUSTRAC expects compliance review within 14 days, we escalate to AUSTRAC and pursue cross-jurisdictional action in USA (Wyoming incorporation; HQ San Francisco) if needed.
Tell us what happened. A senior crypto compliance lawyer — not a chatbot, not a junior — will read your case and respond within 6 hours. Swiss professional secrecy applies from your first message.