AMLA Flashcards
(13 cards)
Money laundering
is committed by any person who, knowing that any monetary instrument or
property represents, involves, or relates to the proceeds of any unlawful activity of:
• Transacting or attempting to transact money laundering
• Facilitating money laundering
• Failure to report
Modes of Money Laundering
- Mix with legitimate funds
- Use for legitimate purpose/s
- Invest in legitimate business/es
Special powers of Anti-Money Laundering Council (AMLC)
- Inquiry Into/Examination of Bank Deposits/Investments
- Freeze of Dirty Money/Property
- Forfeiture of Dirty Money/Property
The Anti-Money Laundering Council is composed of:
- Chairman: BSP Governor
- Members:
i. Commissioner of Insurance Commission
ii. Chairman of SEC
Obligations of Covered Institutions
- Customer Identification
- Safe Harbor
- Reportorial Requirements
Stages of Money Laundering
- Placement
- Layering
- Integration
When a transaction is determined to be both a covered and a suspicious transaction, it shall be
reported as?
Suspicious Transaction
A transaction in cash or other equivalent monetary instrument involving a total amount in
excess of Five Hundred Thousand Pesos (P500,000.00) within one banking day.
Covered Transactions
Anti-Money Laundering Act’s Three Major Requirements
- Customer Identification and Due Diligence
- Record Keeping or Retention
- Reportorial Duty
What are the prohibited accounts under the Anti-Money Laundering Act?
- Anonymous Accounts
- Accounts under fictitious names
- Numbered checking accounts
- Other similar accounts
When may the Anti-Money Laundering Council inquire into bank deposits?
General Rule: Only upon order of any competent court in cases of violation of RA 9160
“Anti-Money Laundering Act of 2001”, as amended.
Exception: No need of court order in cases of Kidnapping, Hijacking, Drugs, Arson, and
Murder
Who has jurisdiction for violation of AMLA?
- Regional Trial Court - all cases on money laundering
- Sandiganbayan - Those committed by public officers and private persons in conspiracy
with them.
Which court has the jurisdiction to issue a freeze order?
It is solely the Court of Appeals which has the authority to issue a freeze order upon
application by the Anti-Money Laundering Council and after determination that
probable cause exists.