CPA in Transit Reviewer: Anti Money Laundering Act of 2001 (RA 9160) 1
2017-2018 ed. RFBT
I. MONEY LAUNDERING the Securities and Exchange Commission. It is committed by any person who, knowing d. Jewelry dealers in precious metals that any monetary instrument or property and/or stones for transactions in represents, involves, or relates to the excess of One million pesos (P1M). proceeds of any unlawful activity: e. Company service providers which, as a business, provide any of the a) Transacts said instrument or following services to 3rd parties: property i. Acting as a formation agent b) Converts, transfers, disposes of, ii. Acting as director or corporate moves, acquires, possesses or use it secretary of a company, a c) Conceals or disguise the true nature, partner of a partnership, or a source, location, disposition, similar position to other judicial movement or ownership of or rights persons d) Attempts or conspires to commit iii. Providing a registered office, money laundering offenses business address or accom- e) Aids, abets, assist in or councils the modation, correspondence or commission of the money administrative address for a laundering offenses company, a partnership or any f) Performs or fails to perform any act other legal persons or as a result of which he facilitates the arrangement offense iv. Acting as a nominee share- holder for another person Money laundering is also committed by any f. Persons who provide any of the covered persons who, knowing that a following services: covered or suspicious transaction is required i. Managing of client money, to be reported to the Anti-Money securities or other assets Laundering Council (AMLC). [Sec 4] ii. Management of bank, savings or securities accounts II. COVERED PERSONS iii. Organization of contributions for the creation, operation or It refers to the following, natural or judicial: management of companies a. all persons and their subsidiaries and iv. Creation, operation or affiliates supervised or regulated by management of judicial persons the BSP. or arrangements, and buying b. all persons supervised or regulated and selling business entities by the Insurance Commission c. Entities administrating or otherwise III. OBLIGATIONS OF COVERED dealing in currency, commodities or PERSONS financial derivatives and other similar monetary instrument or The following are required to performed by property supervised or regulated by covered persons in order to prevent Money Laundering:
Ver. 1.00 | BY: R.M.P
CPA in Transit Reviewer: Anti Money Laundering Act of 2001 (RA 9160) 2 2017-2018 ed. RFBT 1. Customer Identification When reporting covered or 2. Record Keeping suspicious transactions, it is prohibited to 3. Reporting of Covered and Suspicious communicate it through mass media. Any of Transaction the report’s contents should not be made into public knowledge. A.) Customer Identification Covered institutions shall establish IV. COVERED AND SUSPICIOUS and record the true identity of its clients TRANSACTIONS based on official documents. They shall maintain a system of verifying the same, Covered Transactions and in case of corporate clients, require a system of verifying their legal existence and Transactions in cash or any other organizational structure, as well as authority equivalent monetary instrument involving a and identification of all persons purporting total amount of P500,000 within one (1) to act on their behalf. banking day. [Sec 3, (b)] Suspicious Transactions B.) Record Keeping Transactions with covered institutions, All records of all transactions of regardless of the amounts involved, where covered institutions shall be maintained and any of the following circumstances exist: safely stored for five (5) years from the dates 1. No underlying legal or trade, of transactions. obligation, purpose or economic justification; With respect to closed accounts, the 2. Client is not properly identified records on customer identification, account 3. Amount involved is not files and business correspondence, shall be commensurate with business or preserved and safely stored for at least five financial capacity of the client (5) years from the dates when they were 4. Taking into account all known closed. circumstances, it may be perceived that the client’s transaction is C.) Reporting of Covered and Suspicious structured in order to avoid being Transactions the subject of reporting Covered persons shall report to the requirements under the Act; AMLC all covered transactions and 5. Any circumstances which is suspicious transactions within five (5) observed to deviate from the profile working days from occurrence thereof, of the client and/or the client’s past unless the AMLC prescribes a different transactions wit the covered period not exceeding fifteen (15) working institutions; days. 6. transaction is in anyway related to Independent lawyers and an unlawful activity or offense that accountants are not required to report if is about to be, I being or has been they are subject to professional secrecy or committed; or legal professional privilege. 7. Any transactions that is similar or analogous to any of the foregoing.
Ver. 1.00 | BY: R.M.P
CPA in Transit Reviewer: Anti Money Laundering Act of 2001 (RA 9160) 3 2017-2018 ed. RFBT money V. PENALTIES laundering Imposition of Not more Jurisdiction Administrative than P500k The Regional Trial Courts shall have Sanctions jurisdiction to try all cases on money laundering. The Sandiganbayan shall have jurisdiction VI. FREEZING OF MONEY OR over cases those committed by public PROPERTY officers and private persons who are in conspiracy with such public officers. [Sec 5] The Court of Appeals may issue a freeze order effective immediately, and shall not Penal Provision exceed 6 months, if the following has been satisfied: Offense Fine Imprisonment P3 M, but 1. Verified ex parte petition by the not more AMLC; and than twice 2. Determining that probable cause Money exist that any monetary instrument the value of Laundering 7-4 years or property is in any way related to the (a,b,c,d) an unlawful activity instrument or property A person whose account has been frozen involved may file a motion to lift the freeze order and P1.5 M- the court must resolve this motion before (e & f) 7-4 years P3M the expiration of the freeze order. Last parag. of P100K- 6 months- Sec 4 P500K 4 years No court shall issue a temporary restraining Failure to keep P100K- 6 months- order or a writ of injunction against any records P500K 1 year freeze order, except the Supreme Court. Malicious P100K- 6 months- Reporting P500K 4 years Breach of VII. ANTI-MONEY LAUNDERING P500k-P1M 3-8 years COUNCIL Confidentiality Covered Not more The Anti-Money Laundering Council shall be persons, its than 200% composed of the Governor of the Bangko directors, or of the value Sentral ng Pilipinas (BSP) as chairman, the personnel who of the Commissioner of the Insurance Commission knowingly 4-7 years monetary and the Chairman of the Securities and participated in instrument Exchange Commission (SEC) as members. the or property [Sec. 7] commission of laundered the crime of