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Frequently Asked Anti-Money Laundering and Counter Financing of Terrorism Questions

What is Anti-money laundering and counter financing of terrorism (AML/CFT)?

The Anti-Money Laundering and Counter Financing of Terrorism Sectoral Guidelines (AML/CFT) was issued by Bank Negara and made effective on the 15 September 2013. This new guideline was issued pursuant to the Anti-Money Laundering and Anti-Terrorism Financing Act 2001 (AMLATFA) and the Islamic Financial Services Act 2013 (IFSA.

What is money laundering?

A process by which criminals attempt to conceal the true origin and ownership of proceeds so that it appears to have originated from a legitimate source.

Section 3 AMLATFA 2001 defines money laundering as the act of person who:

Engages, directly or indirectly, in transactions involving proceeds of unlawful activity
Acquires, receives, disguise, transfers, converts, proceeds of unlawful activity
Conceals, disguise or impedes the establishment of the true nature, origin, movement with respect to, or ownership of, proceeds of unlawful activity

What are the 3 stages of money laundering?

Engages, directly or indirectly, in transactions involving proceeds of unlawful activity
Acquires, receives, disguise, transfers, converts, proceeds of unlawful activity
Conceals, disguise or impedes the establishment of the true nature, origin, movement with respect to, or ownership of, proceeds of unlawful activity.

What is Financing Terrorism?

Refers to carrying out transactions involving funds that may or may not be owned by terrorist, or that have been, or are intended to be, used to assist the commission of terrorism.

Section 3 AMLATFA 2001 defines financing of terrorism includes :

Providing or collecting property for carrying out an act of terrorism
Providing services for terrorism purposes
Arranging for retention or control of terrorist property
Dealing with terrorist property

Non Compliance with AMLATFA

Section 86 of AMLATFA 2001 provides that any person who contravenes any provision or regulations, or any specification or requirement made, or any order in writing, direction, instruction, or notice given, or any limit, term, condition or restriction imposed, in the exercise of any power conferred under or pursuant to any provision of the AMLATFA 2001 commits an offence and shall, on conviction, if no penalty is expressly provided for the offence under the AMLATFA 2001 or the regulations, be liable to a fine not exceeding RM250,000.