Anti Money Laundering Act Flashcards
Is this Money Laundering?
- nag attempt lang naman magmoney laundering pero di nangyari
YES
Is this Money Laundering?
- related sa proceeds of an unlawful activity pero without knowledge
NO (dapat is with knowledge)
Is this Money Laundering?
- covered person ako and I failed to report sa AMLC yung mga required na ireport
YES (kaya dapat maging diligent ka if covered person ka)
Sa anong stage ng money laundering pinakamahirap idetect?
- Layering
Is this an unlawful activity?
- kidnapping
NO (dapat kidnapping FOR RANSOM)
Is this an unlawful activity?
- theft
NO (dapat QUALIFIED theft)
What are the additions to unlawful activity under RA 11521?
Dalawang Additions
- “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
Covered Institutions / Persons
BIS
regulated by
- BSP
- IC
- SEC
Covered Institutions / Persons
DNFBP
Jewelry Dealers (Precious Metals and Stones)
- transactions are in excess of 1M
Company Service Providers
Covered Institutions / Persons
CRO
Casino
- incudes internet and ship-based casino
Real Estate Developers / Brokers
Offshore Gaming Operators and Service Providers
Not Covered Persons
Lawyers and CPA
- as independent
Obligations of Covered Institution
Record Keeping
for 5 years from date of transaction
Obligations of Covered Institution
Safe Harbor
kung yung tao is nagreport lang naman in good faith, bawal siya kasuhan
Obligations of Covered Institution
Reportorial Requirements - Covered Transactions (BJCR)
shall report covered transactions to AMLC within ?
- 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
Obligations of Covered Institution
Reportorial Requirements - Suspicious Transactions (SUSU DIC)
shall report suspicious transactions to AMLC within ?
- 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
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?
- T
- F (includes media)
If a transaction is both covered and suspicious transaction, what will be the judgement?
treat as suspicious transaction
Who is the chairman of AMLC?
BSP governor
Who are the 2 members of AMLC?
- Commissioner - IC
- Chairman - SEC
Freeze Order
total period possible for freeze order
- The Court of Appeals can issue a 20-day freeze order
- The freeze order shall not exceed 6 months