What is Money Laundering Act?

What is the Money Laundering Act?

What is the Money Laundering Act? Money laundering refers to the act of sneaking “dirty” money obtained through criminal activities through seemingly legitimate channels, as a way of disguising the true source of the funds. Money laundering has a few key sources, including organized crime, white-collar offenses, terrorist activities, and drug smuggling.

Since money laundering poses a massive risk to the global economy, such as draining a large number of funds in addition to funding criminal activities, combatting it is essential to the international community. That’s the reason why there are several national, international, and regional bodies that monitor and regulate money laundering.

These organizations, such as the Financial Action Task Force (FATF) and United Nations Office on Drugs and Crime (UNODC), draft and implement AML US laws such as money laundering acts and guidelines that financial institutions must comply with. These refer to a set of processes and procedures institutions must implement in order to prevent and promptly catch financial crime or any illegal fiscal activity. If companies do not follow these regulations, they must pay hefty non-compliance fines.

Money Laundering Act (1986)

What is the Money Laundering Act? Globally, numerous laws and legislations have been passed with the intention to prevent money laundering and punish the perpetrators of this illegal activity. Initially, these laws were drafted to combat the mafia and other elements of organized crime, though, over time, the focus shifted to curbing drug smuggling and, later, anti-terrorism.

In the USA, the first such law was The Bank Secrecy Act (BSA), which was passed in the 1970s. The Act refers to a collection of laws that require financial institutions to report suspicious transactions to the USA Department of Treasury. Financial institutions could either have reason to believe that the money is related to criminal activity through their client risk assessments, or could track clients who appear to avoid BSA reporting requirements.

What is the Money Laundering Act? The Money Laundering Act (1986) restricts people from engaging in financial transactions with funds obtained through criminal activities. This includes the transferring of money from one private individual to another. The Money Laundering Act (1986) was designed to make the hiding and reinvestment of illegal profit made from a criminal enterprise and profits into a new federal offense. The Money Laundering Act (1986) targets conduct that occurs after the underlying crime and is not intended to be an alternative means of punishing the crime itself.

The Annunzio-Wylie Anti-Money Laundering Act (1992) strengthened penalties for non-compliance. Review, training, and examination procedures were boosted through the Money Laundering Suppression Act (1994) and the Money Laundering and Financial Crimes Strategy Act (1998).

Money Laundering Act (1996)

Money Laundering Act (1996): Every country around the world has clearly outlined regulations pertaining to money laundering. Money Laundering Acts, such as the Money Laundering Act (1996), as amended by the Money Laundering Act (1999), and the Money Laundering Act (2001) are good examples.

What is the Money Laundering Act? Money Laundering Act (1996) was an Act to criminalise money laundering. The motive of the money laundering act (1996) was to require financial institutions/firms to maintain identification procedures and record keeping procedures. The purpose of the money laundering act (1996) was also to make orders in relation to proceeds of crime and properties of offenders, to designate money laundering an extraditable offence.

The digital age provides the perfect environment for money launderers to keep innovating new methods to commit financial crimes. That is why money laundering acts such as money laundering act (1986) and Money Laundering Act (1996) and govt regulations are subject to constant change and updates. This is especially applicable in 2020, where the aml risk due to the COVID-19 era is both new and challenging.

The PATRIOT Act

The PATRIOT Act resulted from the 9/11 terrorist attacks in the USA. This Act seeks to strengthen and expand the regulation of financial transactions and the financial market as a whole. Title II of the PATRIOT Act is referred to as the International Money Laundering Abatement and Anti-Terrorist Financing Act (2001). It focuses almost exclusively on money laundering and related issues.

The PATRIOT Act explains in detail some of the questions regarding the BSA’s applicability, as well as introducing fresh requirements. Financial institutions can often try and be “willfully blind” to illegal financial transactions taking place right within their organizations. So, the PATRIOT Act requires the creation and implementation of new and improved anti-money laundering programs that hold financial institutions accountable if money laundering does occur. The Act further mandates companies to appoint a compliance officer, draft an internal compliance policy, regularly train staff, and conduct independent audits.

It also necessitates that financial institutions must implement proper “Know Your Customer” (KYC) procedures to verify the identity of their clients and also check them against lists of known terrorists and other criminals. These are called “forthcoming requirements,” and strengthen the BSA’s need for KC.

The PATRIOT Act and the Bank Secrecy Act provide a layer of protection to the USA’s economy and financial institutions against money laundering and other financial crimes. These laws encompass the procedure to recognize suspicious activity, flag off concerned authorities, and trigger the necessary legal action required to charge the criminals. These laws have the power to have suspicious financial institutions investigated by the Federal Reserve and the Office of the Comptroller of Currency.

There is one loophole, however. The definition of “financial institution” under both of these Acts excludes investment advisors and transfer agents. Hence, these companies are treading a thin, unregulated line of profits at the moment. Generally, though, these companies must be registered under the Investment Company Act (1940) to carry out operations.

Prevention of Money Laundering Act & Other National Money Laundering Regulations

Prevention of Money Laundering Act (2002): As mentioned earlier, all countries across the globe have regulations and laws pertaining to money laundering. India passed the Prevention of Money Laundering Act in 2002. The purpose of Prevention of Money Laundering Act: (2002) was to curb the rampant money laundering and corruption being carried out within the country. Prevention of Money Laundering Act: (2002) was enacted by the National Defense Army (NDA) government to fight against money-laundering and terrorist financing. The aim of the Prevention of Money Laundering Act was also to provide for confiscation of property derived from money-laundering. Effective from July 1, 2005, the PMLA and the Rules notified there under came into force.

They also have internal bodies to govern the finance industry, such as the Monetary Authority of Singapore, the Australian Transaction Reports and Analysis Center, the Honk Kong Monetary Authority, and the The Financial Conduct Authority (FCA) in the UK, all of which pass acts and laws regarding financial crimes within their respective jurisdiction

The European Union, too, passed two directives, EU 5AMLD and 6AMLD, in an attempt to harmonize transactions between all the member states. All of these organizations aim to regulate, track, monitor, and prevent money laundering, terrorist financing, or any other illegal activity involving money in their regions.

These bodies change and update regulations often. Indeed, the financial market and industry are in flux due to the advent of technology. So, they need to be on their toes and think one step ahead of criminals in order to outsmart them and prevent financial crimes from being committed. By doing so, they begin the process of drafting and designing AML compliance regulations and policies.

Read here to know more about the job role of an MLRO.

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The Anti-Money Laundering Act (AMLA) 2020, enacted as part of the National Defense Authorization Act (NDAA) 2021 of the US in January this year, had many key provisions to take the Anti-Money Launderi...

Tookitaki Powers AI-Driven Anti-Money Laundering Solution Using HPE GreenLake

Hewlett Packard Enterprise (HPE) announced a key collaboration with Tookitaki to provide a new offering designed for banks and financial institutions across Asia-Pacific. The new offering delivers T...

AMLA 2020: 8 Key Provisions that Financial Institutions Required to Know

The US Congress passed the National Defense Authorization Act (NDAA) 2021 on January 1, 2021, addressing a variety of pressing concerns related to the nation’s security. The act included a number of...

The Rising Case for RegTech to Address AML Risks Amid COVID-19

Emerged as a subset of FinTech, the Regulatory Technology (RegTech) industry has now gone more mainstream, thanks to regulators and industry practitioners. Recently, there have been many pro-RegTech c...

Hakrinbank Selects Tookitaki to Ensure Sustainable Financial Compliance Monitoring

Tookitaki announced a partnership with Hakrinbank, a leading South American bank based in Suriname, to fortify its Anti-Money Laundering (AML) detection and alerts management capabilities. To improve...

Breaking Barriers: 5 Key Insights on RegTech Adoption

HKMA in a report shared comprehensive hands-on experience and insights from respondents to better understand the factors and dependencies affecting AML/CFT Regtech adoption. The regulator collaborated...

How to Address Present-day Sanctions Screening Pain Points with AI

Sanctions risk of financial institutions is evolving in line with the global social, economic and political changes. As seen in recent news, governments across the globe are increasingly relying on sa...

Tookitaki Got Selected for FinTech Program: Asia meets Tokyo

Tookitaki has been listed among 8 Fintech startups in Asia for FinTech Program: Asia meets Tokyo, an accelerator launched by the Tokyo Metropolitan Government (TMG). We have been selected for our anti...

AML Alert Management: How AI can Augment Your Compliance Efficiency

The financial sector is facing one monster of a problem at the moment. As today’s financial institutions deal with millions of daily transactions, several thousands of routine financial transactions...

Tookitaki Recognised for Innovative Use of AI & Machine Learning

Tookitaki has won the Regtech Award for AI & Machine Learning and was highly commended in the solutions category for AML/CTF Compliance, in the 3rd Regulation Asia Awards for Excellence 2020 ...

Our UOB Success Tale: Setting a New Benchmark for AI-based AML Compliance

Tookitaki achieved a rare and historic milestone as our Anti-Money Laundering Suite (AMLS) solution went live within the premises of United Overseas Bank (UOB), one of the top 3 banks in Singapore.

Tookitaki Wins 2020 WITSA Digital Innovation Award

Tookitaki has won the 2020 Digital Innovation Award from the World Information Technology and Services Alliance (WITSA) as part of the industry body’s Global ICT Excellence Awards. Nominated by...

Money Laundering via Cryptocurrencies: All You Need to Know

Money laundering via cryptocurrency has been going on for a while now. We’ve all heard of Bitcoin, Ethereum and Dogecoin. Crypto is used by financial criminals globally but how are they getting away...

CNA 938 radio interviews Tookitaki Co-founder Jeeta Badopadhyay

Tookitaki Co-founder and COO Jeeta Bandopadhyay was named among the Singapore 100 Women in Tech (SG100WIT) List in September 2020. A collaboration between the Singapore Computer Society (SCS), IMDA, S...

Need for New Customer Risk Rating Models: Not All Customers Are Created Equal

Being estimated at between US$800 billion to US$2 trillion every year, money laundering is a serious problem for the global economy. While regulators and financial institutions are working hard to pre...

Is AML Compliance Heading for a New Normal in the Age of Digital Payments?

Increased digitization has influenced various businesses and brought in a paradigm shift in the way they create business models and approach growth opportunities. Moving away from conventional transac...

Excel to AI: How Reconciliation Tools Evolve for Better

In the world of finance, reconciliation is the process of comparing two related sets of records or two accounts at the end of a specific accounting period to find out if account balances are matching ...

Lessons Not Well Learned: 2020 AML Fines Cross 2019 Total

If research is to be believed, institutions across the globe have not done enough in the anti-money laundering (AML) compliance area. Data from consultancy Duff & Phelps revealed that AML fines in...

Exploring AML Risks in COVID-Era and the Ways to Address Them

The world continues to battle the COVID-19 pandemic and the crisis it brought in is unprecedented in the history of humankind. While there are a number of pandemic-related factors contributing to the ...

AML Amid COVID-19: Watch out for These FBI-listed Fraud Schemes

There has been a rise in the number of cybercrimes and fraud schemes across the globe ever since the proliferation of the COVID-19 pandemic. Criminals, in general, are taking advantage of people’s s...

OCC Spring Risk Perspective: 5 Takeaways on Compliance Risk

Despite its general strength, the US federal banking system is apparently susceptible to the ongoing economic weakness caused by the rampant spread of coronavirus. Earlier this month, The US Office of...

How Criminals Used COVID-19 Sales Pitch to Defraud, Launder Money

As the world is working hard to contain the spread of the COVID-19, criminals continue to take advantage of the pandemic. They are devising sophisticated methods to defraud people and launder the crim...

5 Top Myths and Facts about AI Implementation in AML Programs

We are more confirmed about the power of Artificial Intelligence (AI) to transform lives and businesses now. There are countless possible applications of AI and machine learning at present, and we see...

Typology Repository Management: Solving AML Problems Via Collective Intelligence and Continuous Learning

Despite its general strength, the US federal banking system is apparently susceptible to the ongoing economic weakness caused by the rampant spread of coronavirus. Earlier this month, The US Office of...

Whitepaper: Automated AML Pattern Detection Using Network Science

Despite its general strength, the US federal banking system is apparently susceptible to the ongoing economic weakness caused by the rampant spread of coronavirus. Earlier this month, The US Office of...

Money Laundering Amid COVID-19: What Regulators Across Globe Say

As the world continues to fight against the COVID-19 pandemic, there are reports that criminals are taking advantage of the difficult situation. They are seizing the moment to proliferate their crimin...

How will Art Cease to Be a Preferred Money Laundering Vehicle?

Money laundering via high-end art and antiquities is not new yet it is difficult to detect. Art-related money laundering amounts to about US$3 billion per year, according to this blog, quoting the Uni...

Beware! Money Mules in Demand amid COVID-19. Here’s an Effective Cure

If reports are to be believed, cybercrooks are taking advantage of the COVID-19 situation. They are targeting people who were laid off or working from home due to the pandemic to work for them as mone...

How do we weather a tornado of change?

“Great works are performed not by strength but by perseverance” – Samuel Johnson All of us are in challenging times. However, we cannot afford to be lethargic to life, work, and busi...

Roundtable Rewind: Embracing Next-gen Tech & Collaboration Key to Sustainability

As a regtech player with a vision to enable sustainable compliance programs in financial institutions, Tookitaki organized a first-of-its-kind industry roundtable in Charlotte, NC, USA to discuss oppo...

Tookitaki Appoints Industry Veteran Joe Friscia as Advisor

Tookitaki Holding Pte. Ltd. appointed industry veteran Joe Friscia, former President of NICE Actimize and BAE Systems as Advisor to the Company’s Advisory Board. Joe brings over 25 years’ extensi...

Should Modern Machines Be Ethical?

There are mounting concerns across the globe about the reliability and safety of artificial intelligence (AI) based systems and its enabling technologies such as machine learning (ML). On the air are ...

Tookitaki Raises Another US$11.7 million in Series A; Closes Round at US$19.2 million

– by Abhishek Chatterjee, Founder & CEO The Tookitaki team and I are excited to announce that we have raised an additional US$11.7 million in Series A funding, taking the total investment in...

30 Years of FATF: Notable Facts About Global AML Watchdog

The Financial Action Task Force (FATF), the intergovernmental body formed in 1989 to combating money laundering, is celebrating its 30th anniversary this year. Since its inception, the global agency p...

Tookitaki Joins Aite Financial Crime Forum as Sponsor

Technological advances have fundamentally changed the operational landscape of financial institutions. However, there are also new risks emerging in forms of sophisticated financial frauds and complex...

Will Machine Learning Replace Compliance Professionals?

The impact of modern technologies such as artificial intelligence (AI) and machine learning on job security has been a widely discussed topic today. Of course, AI has advanced very quickly in the last...

6 Most Prevalent Cyber-Laundering Methods in APAC

Despite being a medium to exchange information in real-time and with scale, the Internet is being misused in several ways. Among the slew of financial crimes facilitated by the Internet, money launder...

What Made Us Earn the WEF Technology Pioneer Title

Tookitaki has bagged another global acknowledgement for its outstanding works in the regulatory compliance field. Our company was selected among hundreds of candidates as one of the World Economic Fo...

We Stay as a Team, We Win as a Team and We Flourish as a Team

“Teamwork is the ability to work together toward a common vision. The ability to direct individual accomplishments toward organizational objectives. It is the fuel that allows common people to a...

ABA Regulatory Compliance Conference: 10 Sessions You Can’t Miss

The 2019 edition of the American Bankers Association (ABA) Regulatory Compliance Conference is a few more days away. Organized by the Washington, D.C.-based trade association, the conference is touted...

Tookitaki AMLS Wins SBR Technology Excellence Award 2019

Tookitaki’s Anti-Money Laundering Suite (AMLS), an end-to-end machine learning-powered transaction monitoring and names screening solution, has bagged the inaugural Singapore Business Review Tec...

Watchdogs Grow Optimistic about AI Prospects at Banks

Proper regulation of banking operations is important as any failure in the banking system would affect the wider economy. Therefore, banking is one of the most regulated industries across the globe. F...

Pitfall of Black Box AI at Banks: Explaining Your Models to Regulators

The use cases of artificial intelligence (AI) and machine learning in front-office, middle-office and back-office activities at banks are growing slowly but steadily. The major areas of AI play includ...

AI for Regulatory Compliance at Banks: 4 Assessments Before You Okay the Solution Proposal

Banking is one of the industries where artificial intelligence and machine learning find their applications at a rapid pace. Regulatory compliance within banking is an area which has become a costly a...

We Believe in Innovation, the Key to Survival and Growth

“Innovation distinguishes between a leader and a follower.” -Steve Jobs What comes on the top of your screen when you google the meaning of the word innovation is – the introduction of somet...

Compliance Functions in Need of a Technological Overhaul. Can Machine Learning be the Game-Changer?

McKinsey in its latest compliance benchmarking survey found that compliance function at financial institutions has reached “an inflection point” and current compliance standards are in an “incho...

Tookitaki Raises US$7.5 mn Series A from Global VCs to Transform Regulatory Compliance

Tookitaki, a regulatory technology company that aims to enable financial institutions to develop sustainable compliance programs, has raised US$7.5 million in Series A round. The round was co-led by L...

The Biggest Money Laundering Cases: From Wachovia to Danske Bank

Money laundering – the criminal activity of processing criminal proceeds to disguise their origin – is one of the gravest problems faced by the global economy, and its size is growing rapidly. It ...

A Modern Approach to Address the Reconciliation Challenges of Financial Services

Reconciliation of transactions is deemed critical for the smooth running of every financial institution. The speed and accuracy of data reconciliation can distinguish a successful institution from its...

Busting a Myth: Compliance Officer’s Job is All About Risk

Regulatory compliance has become a dreadful task for banks after regulators across the globe set stricter norms in the aftermath of the 2008 financial crisis in an effort to prevent financial crimes s...

Attending ACAMS Conference in Singapore? Tookitaki Awaits You with Its Disruptive AML Solution

“In today’s era of volatility, there is no other way but to re-invent. The only sustainable advantage you can have over others is agility, that’s it.”- Jeff Bezos Singapore is hosting ACAMS’...

MAS’ Stress on Transaction Monitoring for Effective AML/CFT Compliance and Machine Learning is the Answer

Singapore is known for its top-notch AML/CFT regime created through up-to-date legislation, stringent policy and uncompromising supervision to safeguard against the abuse of the city state’s financi...

Mifid II and the Pressing Need for a New Reconciliation Approach

The financial services industry in the EU has been confused with the introduction of a revamped version of the Markets in Financial Instruments Directive (Mifid II). The ambitious regulatory reforms t...

Is Automated Reconciliation Next to Impossible in Today’s Complex Financial World?

The 2008 global financial crisis and fairly new regulatory requirements like Basel III asked financial institutions (FIs) to cut operating costs and adopt a lean operations structure, pushing FIs to r...

Modern Tech to Reshape US AML Compliance with Regulators’ Recent Handshake

George Bernard Shaw once said: “Those who cannot change their minds cannot change anything.” The past week has seen a significant change of mind from financial regulators in the US in their ardent...

Skills Development: We Have Talents and We Strive to Multiply Them

“Mastery lies on an infinite continuum, and as a result, we will never reach the end. We can, however, see to it that we are as far along that continuum as our circumstance allows.” ― Chris Mat...

It’s Our Fourth Founding Day; Taking a Pause to Cherish Our Simple but Awesome Journey

Today, as we step into our 4th year of foundation, I feel proud and honored to be leading Tookitaki that has been successful in creating added value to all its stakeholders. I was never a CEO and Took...

Tookitaki Expands into the US with New Office in Charlotte

SINGAPORE, Sept. 24, 2018: Tookitaki Holding Pte Ltd, a leading regulatory technology company, is pleased to announce the official opening of its North American office in Charlotte, NC, in the Unite...

We Tame Machines but We Unleash Human Spirits

We are well aware of the fact that our progress as an organization is in the hands of our employees. The more energy, time and attention we invest in them, the more yield we receive. So, we always mak...

5 Modern Money Laundering Methods That Criminals Use

Modern money launderers are updating their methods to beat detection and avoid getting caught every single day. Where there is new technology, cryptocurrencies and processes, there is a money laundere...

Risk Management Conference: Positive Vibes from All Corners

The Risk Management Association’s (RMA) premier annual event, the Risk Management Conference, came to an end on 6 November, and Tookitaki had the privilege to attend the event which we believe was ...

Singapore Fintech Festival: Tookitaki to showcase advanced machine learning solutions in financial services

Singapore is assured of the Fintech world’s unwavering attention next week, as the city state, is hosting this year’s Fintech Festival during 12-16 November. Touted as the world’s largest platfo...

The RMA Clarion Call to Address Risks and the Tookitaki Way

Risk officers, doing your best today is good while preparing hard for tomorrow is extraordinary. Risk management at banks has become difficult due to operational and regulatory changes. The Risk Manag...