Anti Money Laundering Act Flashcards

1
Q

Is this Money Laundering?
- nag attempt lang naman magmoney laundering pero di nangyari

A

YES

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2
Q

Is this Money Laundering?
- related sa proceeds of an unlawful activity pero without knowledge

A

NO (dapat is with knowledge)

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3
Q

Is this Money Laundering?
- covered person ako and I failed to report sa AMLC yung mga required na ireport

A

YES (kaya dapat maging diligent ka if covered person ka)

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4
Q

Sa anong stage ng money laundering pinakamahirap idetect?

A
  1. Layering
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5
Q

Is this an unlawful activity?
- kidnapping

A

NO (dapat kidnapping FOR RANSOM)

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6
Q

Is this an unlawful activity?
- theft

A

NO (dapat QUALIFIED theft)

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7
Q

What are the additions to unlawful activity under RA 11521?

Dalawang Additions

A
  • “The Strategic Trade Management Act”, in relation to Proliferation of Weapons of Mass Destruction
  • Deficiency Basic Tax Due in the Final Assessment is in excess of ₱25,000,000 per Taxable Year for each tax type with finding of malicious intent
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8
Q

Covered Institutions / Persons

BIS

A

regulated by
- BSP
- IC
- SEC

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9
Q

Covered Institutions / Persons

DNFBP

A

Jewelry Dealers (Precious Metals and Stones)
- transactions are in excess of 1M

Company Service Providers

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10
Q

Covered Institutions / Persons

CRO

A

Casino
- incudes internet and ship-based casino

Real Estate Developers / Brokers

Offshore Gaming Operators and Service Providers

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11
Q

Not Covered Persons

A

Lawyers and CPA
- as independent

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12
Q

Obligations of Covered Institution

Record Keeping

A

for 5 years from date of transaction

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13
Q

Obligations of Covered Institution

Safe Harbor

A

kung yung tao is nagreport lang naman in good faith, bawal siya kasuhan

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14
Q

Obligations of Covered Institution

Reportorial Requirements - Covered Transactions (BJCR)
shall report covered transactions to AMLC within ?

A
  • Bank - more than 500K in 1 day
  • Jewelry - more than 1M for single transaction
  • Casino - more than 5M for single transaction
  • Real Estate Developers / Brokers - more than 7.5M for single transaction

5 days from occurrence

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15
Q

Obligations of Covered Institution

Reportorial Requirements - Suspicious Transactions (SUSU DIC)
shall report suspicious transactions to AMLC within ?

A
  • Structured in order to avoid being the subject of reportorial requirements
  • related to Unlawful activity
  • Similar to other under this
  • no Underlying legal obligation, purpose, or economic justification
  • Deviate from profile of client
  • client is not properly Identified
  • not Commensurate with capacity of client

next working day from occurrence

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16
Q

Covered persons and their officers and employees
must NOT disclose any details about a reported or pending suspicious transaction. T or F?

This includes information to any person and entity. Violations will result in criminal liability for the concerned individuals. T or F?

A
  • T
  • F (includes media)
17
Q

If a transaction is both covered and suspicious transaction, what will be the judgement?

A

treat as suspicious transaction

18
Q

Who is the chairman of AMLC?

A

BSP governor

19
Q

Who are the 2 members of AMLC?

A
  1. Commissioner - IC
  2. Chairman - SEC
20
Q

Freeze Order

total period possible for freeze order

A
  • The Court of Appeals can issue a 20-day freeze order
  • The freeze order shall not exceed 6 months