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RA 9160 (Anti-Money Laundering Act of 2001 [AMLA]) Sec. 4: Money laundering is a CRIME whereby the proceeds of an unlawful activity as herein defined are TRANSACTED, thereby making them appear to have originated from legitimate sources
activity Monetary instrument or property (MI/P) Transaction/Attempted transaction Knowledge that the MI/P represents, involves, or relates to the proceeds of the unlawful activity
Kidnapping for ransom Comprehensive Dangerous Drugs Act of 2002 Anti-Graft and Corrupt Practices Act Plunder Robbery and Extortion Jueteng and Masiao
Hijacking; Destructive Arson and murder, including those perpetrated by terrorists against non-combatant persons and other targets
- International Islamic Relief Organization (IIRO) - IIRO (Philippines)
Securities Regulation Code of 2000 Felonies or offenses of a similar nature that are punishable under the penal laws of other countries
to any act establishing any right or obligation or giving rise to any contractual or legal relationship between the parties thereto. It also includes any movement of funds by any means with a covered institution.
Money
laundering allows criminals to preserve and enjoy the proceeds of their crimes, thus providing them with the incentives and the means to continue their illegal activities.
Placement
Proceeds institutions placed in financial
Layering
Further distancing their origin proceeds from
Integration
Funds re-enter legitimate circulation
Stages
1. Placement involves the initial
placement or introduction of the illegal funds into the financial system. Ex. a. Smurfing or structuring b. Purchase of insurance contract
Stages
2. Layering involves a series of financial
transactions during which the dirty money is passed through a series of procedures, putting layer upon layer of persons and financial activities into the laundering process. Ex. a. electronic transfer of funds b. disguised transfer of funds as payment for goods or services
Stages
3. Integration the money is once again
made available to the criminal with the occupational and geographic origin obscured or concealed. The laundered funds are now integrated back into the legitimate economy through the purchase of properties, businesses and other investments.
Stages
REPUBLIC ACT NO. 9160 otherwise known as THE ANTI-MONEY LAUNDERING ACT OF 2001 as amended by REPUBLIC ACT NO. 9194
FATF
Formed
in 1989 Based in Paris, France An international body formed by G-7 with a mission of paving the way for the effective prevention and detection of money laundering by ensuring that appropriate measures against money laundering are implemented in all nations
FATF
In 1990, FATF prepared a set of recommendations which provides a comprehensive plan of action needed to fight money laundering. It provides a complete set of counter-measures against money laundering covering: 1. Criminal justice system and law enforcement, 2. Financial system and its regulation, and 3. International cooperation.
FATF
1990 - FATF issued 40 Recommendations 2001 - FATF issued 8 Special Recommendations which requires countries to have measures in place to fight financing of terrorism (Recommendation VIII Calls for the review of adequacy of laws and regulations on NPOs) 2004 - FATF Added Recommendation No. (Cash Couriers) 9
FATF
8 Special Recommendations
Recommendation VII-Countries should review the adequacy of laws and regulations that relate to entities that can be abused for the financing of terrorism. Non profit organizations are particularly vulnerable, and countries should ensure that they cannot be misused: (i) by terrorist organizations posing as legitimate entities; (ii) to exploit legitimate entities as conduits for terrorist financing; and (iii) to conceal the clandestine diversion of funds intended for legitimate purpose to terrorist organizations.
FATF
To
enforce compliance with the recommendations, it created and maintained a list of Non Cooperative Countries and Territories (NCCT List) under the list are subject to
Countries
sanctions.
FATF
In June 2000, the FATF placed the Philippines in its list of Non-Cooperative Countries and Territories (NCCT) for the following reasons: 1. It has no existing anti-money laundering law. 2. It has no financial intelligence unit. 3. The Philippines has a very strict bank deposit secrecy law. 4. Its banks and other covered institutions do not report suspicious transactions.
Effectivity Dates
AMLA
FATF
With
the enactment of the AMLA and its amendments by R.A. 9194, the Philippines was removed from the NCCT List, and no longer subject to FATF monitoring since, February 11, 2005.
Covered Institutions
[Sec. 3 (a) AMLA]
1. Banks, non-banks, quasi-banks, trust entities, and all other institutions and their subsidiaries and affiliates supervised or regulated by the Bangko Sentral ng Pilipinas; 2. Insurance Companies and all other institutions supervised or regulated by the Insurance Commission; and
Covered Institutions
[Sec. 3 (a) AMLA]
3. All those supervised or regulated by the Securities and Exchange Commission as grantees of secondary license, such as: i. securities dealers, brokers, salesmen, investment houses; and ii. Mutual funds, closed end investment companies, common trust funds, preneed companies, investment houses.
AMLAs 3 Major Requirements for Compliance by Banks and other Covered Institutions
1. Reporting of covered and suspicious transactions 2. Customer identification and due diligence or Know Your Customer (KYC) 3. Record-keeping
All covered institutions shall report to the AMLC all covered transactions and suspicious transactions
Covered Transaction
[Sec. 3(b) AMLA]
Covered transaction is a transaction in cash or other equivalent monetary instrument involving a total amount in excess of Five Hundred Thousand Pesos (Php500,000.00) within one (1) banking day.
Covered Transaction
[Sec. 3(b) AMLA]
- It is a single transaction in excess of P500,000.00 within one banking day. - Therefore, multiple transactions or series of transactions with an amount not more than P500,000.00 each, but whose total amount exceeds the threshold amount, are not reportable as Covered Transaction.
Suspicious transactions
[Sec. 3(b-1) AMLA]
are transactions with covered institutions, regardless of the amounts involved, where any of the following circumstances exist: 1. Client is not properly identified; 2. There is no underlying legal or trade obligation, purpose or economic justification for the transaction; 3. The amount involved is not commensurate with the business or financial capacity of the client;
4. The transaction is structured in a manner that invites suspicion that it is trying to avoid the reporting requirements under the AMLA; 5. Any circumstance relating to the transaction which is observed to deviate from the clients past transactions; 6. The transaction is in any way related to an unlawful activity under the AMLA; and 7. Any transaction that is similar or analogous to any of the foregoing.
1. Transactions of individuals or entities that are affiliated to people suspected of being connected to a terrorist group or a group that advocates violent overthrow of a government
2. The NGO does not appear to have expenses normally related to relief or humanitarian efforts
Should a transaction be determined to be both a covered transaction and a suspicious transaction, the covered institution shall be required to report the same as a suspicious transaction
CDD/KYC
CDD/KYC
CDD/KYC
CDD/KYC
CDD/KYC
Valid IDs: Social Security System (SSS) card Senior Citizen Card Overseas Workers Welfare Administration (OWWA) ID OFW ID Seamans Book Alien Certification of Registration/Immigrant Certificate of Registration Government Office and GOCC ID e.g. Armed Forces of the Philippines (AFP), Home Development Mutual Fund (HDMF)
CDD/KYC
CDD/KYC
CDD/KYC
CDD/KYC
CDD/KYC
CDD/KYC
Articles of Incorporation/Partnership By-laws Official address/principal business address List of directors/partners List of principal stockholders owning at least 2% of the capital stock
CDD/KYC
Contact numbers Beneficial owners, if any; and Verification of the authority and identification of the person purporting to act on behalf of the client.
RECORD-KEEPING REQUIREMENTS
All covered institutions shall: maintain and safely store all records of all their transactions for 5 years from the transaction dates. anent closed accounts, preserve and safely store the records on customer identification, account files and business correspondence for at least 5 years from closure dates. if a money laundering case based on any record kept by the covered institution has been filed in court, retain said file until it is confirmed that the case has been finally resolved or terminated by the court.
Penalty
4 to 7 years imprisonment and a fine of not less than P1.5 Million but not more than P3 Million.
Penalty
6 months to 4 years imprisonment or a fine of not less than P100,000.00 but not more than P500,000.00, or both.
Penalty
6 months to 1 year imprisonment or a fine of not less than P100,000.00 but not more than P500,000.00, or both.
No
administrative, criminal or civil proceedings, shall lie against any person for having made a covered or suspicious transaction report in the regular performance of his duties in good faith, whether or not such reporting results in any criminal prosecution under this Act or any other law.
When reporting covered or suspicious transactions to the AMLC, covered institutions and their officers and employees shall not be deemed to have violated Republic Act No. 1405, as amended, Republic Act No. 6426, as amended, Republic Act No. 8791 and other similar laws. (Sec. 9,
AMLA)
Penalty
3 to 8 years imprisonment and a fine of not less than P500,000.00 but not more than P1.0 Million.
8.4. Confidentiality Provision-The members of the AMLC, xxx and all members of the Secretariat, shall not reveal , in any manner, any information known to them by reason of their office. This provision shall apply even after their separation from the AMLC. Violation is punished in accordance with the provision of the Central Bank Act.
Rule 14.1.d of Revised Implementing Rules and Regulations Violations of AMLA, rules, issuances, order, resolutions, regulations Not less than P100,000.00 but not exceeding P500,000.00
Any person may be charged with and convicted of both the offense of money laundering (subject offense) and the unlawful activity (predicate offense)
Any proceeding relating to the unlawful activity shall be given precedence over the prosecution of any offense or violation under R.A. No. 9160 without prejudice to the freezing and other legal remedies.
INSURANCE COMMISSIONER
BSP GOVERNOR
SEC CHAIRMAN
SECRETARIAT
Executive Director
Legal Evaluation
AMLC
Acts
Secretariat
Members
of the Secretariat hold full time permanent position within the BSP (Sec. 8, AMLA) Members of the Secretariat are regular employees of the BSP (Rule 8.2., RIRR)
To inquire into or examine any particular deposits or investments upon order of a competent court, except in cases where the unlawful activity involves kidnapping for ransom, drug-related cases and terrorist related cases.
AMLC Resolution
KFR Drugs-related Terrorist-related
-G.R.
Court Order
To apply before the Court of Appeals, ex parte, for the freezing of any monetary instrument or property alleged to be the proceeds of any unlawful activity as defined in Section 3(i) hereof. - The freeze order issued is effective for a period of 20 days and extendible for a period not exceeding 6 months.
Before the 20 day effectivity period of the freeze order issued by the CA expires, the AMLC may apply in the same court for an extension not exceeding a period of six (6) months.
During the effectivity of the freeze order, the AMLC may avail itself of other legal remedies, such as inquiry, civil forfeiture and/or the filing of money laundering case/s.
Duty of Respondent, Covered Institution or Government Agency Upon Receipt of Freeze Order
Immediately desist from and not allow any transaction, withdrawal, deposit, transfer, removal, conversion, other movement or concealment of the account representing, involving or relating to the subject monetary instrument, property, proceeds or its related web of accounts.
AML Desks email to vaquino@bsp.gov.ph Call (02) 523-44-21/Fax (02) 524-60-85 Referral Letter (please state case circumstances/details) Prevent fishing expedition Drop by 5 th Flr, EDPC Bldg., BSP Complex, Roxas Blvd., Malate, Manila
Thank you!
Rommel D. Trijo
Legal Officer III Legal and Services Group Anti-Money Laundering Council Secretariat