Académique Documents
Professionnel Documents
Culture Documents
Training Program
Refresher Training
AMLA Regulations
5. Jewelry dealers in precious stones, who, as a business, trade in precious
stones, for transactions in excess of One million pesos (P1,000,000.00)
6. Company service providers which, as a business, provide any of the following
services to third parties: (i)Acting as a formation agent of juridical
persons;(ii)Acting as or arranging for another person to act as) a director or
corporate secretary of a company, a partner of a partnership, or a similar
position in relation to other juridical persons;(iii)Providing a registered office,
business address or accommodation, correspondence or administrative
address for a company, a partnership or any other legal person or
arrangement (iv) Acting as (or arranging for another person to act as) a
nominee shareholder for another person
7. Persons who provide any of the following services:(i) Managing of client
money, securities or other assets;(ii) Management of bank, savings or
securities accounts;(iii) Organization of contributions for the creation,
operation or management of companies; and (iv) Creation, operation or
management of juridical persons or arrangements, and buying and selling
business entities.
Anti-Money Laundering Council
• the Philippines’ Financial Intelligence Unit (FIU) tasked to implement the AMLA.
Composition
(1) Chairman of AMLC - BSP Governor
(2) Members: SEC Chairperson and IC Commissioner
Functions of the AMLC
1. To require submission of and receive covered or suspicious transaction reports from
covered persons.
2. To issue orders to the appropriate Supervising Authority or the covered person to
determine the true identity of the owner of any monetary instrument or property subject of
a CTR or STR or request assistance from a foreign state, or believed by the Council on
substantial evidence to be related to an unlawful activity.
3. Institute civil forfeiture proceedings and all other remedial proceeding through the Office of
the Solicitor General.
4. Cause the filing of complaints with the Department of Justice of the Ombudsman for the
prosecution of money laundering offenses.
Anti-Money Laundering Council
5. Investigate suspicious transactions and covered transactions deemed suspicious after
an investigation by AMLC, money laundering activities, and other violations of AMLA.
6. To apply before the Court of Appeals, ex parte, for the freezing of any monetary
instrument or property alleged to be the proceeds of any unlawful activity.
• Court of Appeals must act on the petition to freeze w/in 24 hours from filing.
• The freeze order issued, upon determination that the monetary instrument or
property is related to an unlawful activity, is effective for a period not exceeding 6
months. It is deemed lifted if no case is filed within that period. (Covered Person
shall not lift the effects of the freeze order without securing official confirmation from
the AMLC)
7. To impose administrative sanctions for the violation of laws, rules, regulations and
orders and resolutions issued pursuant thereto.
8. To develop educational programs on the pernicious effects of money laundering, the
methods and techniques used in money laundering, the viable means of preventing
money laundering and the effective ways of prosecuting and punishing offenders.
Elements of the Crime Money
Laundering
• Proceeds - (monetary instrument or property)
• Overt act - (transaction, conversion, transfer, etc. / conspiracy
to convert, transfer, etc. / attempt to convert, transfer, etc.)
• Knowledge - (that the proceeds represents, involves, or relates
to the proceeds of the unlawful activity.
Unlawful Activities/Predicate Crimes
(Section 3(i) of RA 10365)
• Record-keeping
AMLA Requirements on Banks
Adequate KYC
AMLA Minimum Information Requirement – Individual
1. Name;
2. Present address;
3. Date and place of birth;
4. Nature of work, name of employer or nature of self-
employment/business;
5. Contact details;
6. Specimen signature;
7. Source of funds;
8. Permanent address;
9. Nationality;
10. Tax identification number, Social Security System number or
Government Service Insurance Number, if any; and
11. Name, present address, date and place of birth, nature of
work and source of funds of beneficial owner or beneficiary,
whenever applicable
AMLA Requirements on Banks
Adequate KYC
AMLA Minimum Information Requirement – Corporate & Juridical
1. Certificates of Registration issued by the Department of Trade and
Industry for single proprietors, or by the Securities and Exchange
Commission, for corporations and partnerships, and by the BSP, for money
changers / foreign exchange dealers and remittance agents;
2. Articles of incorporation or Association and By-Laws;
3. Principal business address;
4. Board or Partners' Resolution duly certified by the Corporate / Partners'
Secretary authorizing the signatory to sign on behalf of the entity;
5. Latest General Information Sheet which lists the names of directors /
trustees / partners, principal stockholders owning at least twenty percent
(20%) of the outstanding capital stock and primary officers such as the
President and Treasurer;
6. Contact numbers of the entity and authorized signatory/ies;
7. Source of funds and nature of business;
8. Name, present address, date and place of birth, nature of work and
source of funds of beneficial owner or beneficiary, if applicable; and
9. For entities registered outside the Philippines, similar documents and/or
information shall be obtained duly authenticated by the Philippine Consulate
where said entities are registered.
AMLA Requirements on Banks
Adequate KYC
Valid Identification Cards (IDs)
“OFFICIAL AUTHORITY” refers to any of the following:
i. Government of the Republic of the Philippines;
ii. Its political subdivisions and instrumentalities;
iii. Government-owned and/or Controlled Corporations
(GOCCs); and
iv. Private Entities or Institutions Registered with or
Supervised or Regulated either by the Bangko
Sentral ng Pilipinas (BSP) or Securities & Exchange
Commission (SEC) or Insurance Commission (IC).
Latest BSP Circulars: BSP Circular No. 792, 706, 657
and 608
AMLA Requirements on Banks
Adequate KYC
BSP Circular 706/792: Acceptable IDs with photograph
(series of 2011 and 2013 respectively):
1. Passport 17. Certification from the National Council for the
2. Driver’s License Welfare of Disabled Persons (NCWDP)
3. Professional Regulation Commission (PRC) ID 18. Department of Social Welfare and Development
4. National Bureau of Investigation (NBI) Clearance (DSWD) Certification
5. Police Clearance 19. Integrated Bar of the Philippines (IBP) ID
6. Postal ID 20. Tax Identification Number (TIN) ID
7. Voter’s ID 21. Company IDs issued by private entities or
Institutions registered with or supervised or
8. Barangay Certification Regulated either by the BSP, SEC or IC
9. Government Service Insurance System (GSIS) e- 22. Philhealth Health Insurance Card ng Bayan (BSP
Card Circular 792 issued on May 03, 2013 – Valid
10. Social Security System (SSS) ID Identification cards for Financial Transactions)
11. Senior Citizen Card
12. Overseas Workers Welfare Administration Others:
(OWWA) ID
• Photo-bearing school ID duly signed by
13. OFW ID
principal – for STUDENTS
14. Seaman’s Book
• Similar IDs duly signed by foreign
15. Alien Certification of Registration (ACR) /
Immigrant Certificate of Registration (ICR) government where the customer is
16. Government Office and GOCC ID (e.g. Armed resident / citizen – for FOREIGN
Forces of the Philippines (AFP ID), Home CUSTOMERS
Development Mutual Fund (HDMF ID)
AMLA Requirements on Banks
Adequate KYC
1. Adequate KYC Policies & Procedures
Customer Risk Assessment
In no case shall reduced diligence be applied to high risk
customers.
• A shell bank is a term that describes a financial institution that does not have a
physical presence in any country. No actual business. A non-trading company
used as a vehicle for various financial maneuvers or kept dormant for future use in
some other capacity.
• A covered institution shall refuse to enter into, or continue, correspondent banking
relationship with them.
AMLA Requirements on Banks
Adequate KYC
Fund / Wire Transfer (X806.2.i)
• Beneficiary Institution shall not accept shall not accept instructions to pay-out fund transfers to
non-customer beneficiary, unless conducted the necessary customer due diligence to establish
the true and full identity and existence of said beneficiary.
• Originating institution shall not accept instructions to fund/wire transfer from a non-customer
originator, unless conducted the necessary customer due diligence to establish the true and full
identity and existence of said originator.
• Cross border and domestic fund / wire transfers and related message amounting to P50,000 or
more or its equivalent shall include accurate and meaningful originator information;
a) Name of the originator;
b) Address or in its absence the national identity number or date and
place of birth of the originator; and
c) Account number of the originator or in its absence, a unique
reference number
• Should any wire transfer amounting to P50,000 or more or its equivalent be unaccompanied by
the required originator information, the beneficiary institution shall exert all efforts to establish
the true and full identity and existence of the originator by requiring additional information from
the originating institution or intermediary institution.
AMLA Requirements on Banks
Adequate KYC
Buyers of cashiers, managers, or certified checks (X806.2.j)
• Existing customers
(1) True and full name of the buyer or the applicant if buying on behalf of an entity;
(2) Account number; (3) Date of issuance and the number of the check; (4) Name of the payee; (5)
Amount; and (6) Purpose of such transaction.
• Shall limit the acceptance of second-endorsed checks from properly identified customers
and only after establishing that the nature of the business of said customer justifies, or at
least makes practical, the deposit of second-endorsed checks.
Handling of client’s engage in Money Service Business (X806.2.l)
Foreign exchange dealers/money changers/
remittance agents
• Shall submit a copy of the certificate of registration issued to them by the Bangko Sentral
as part of their customer identification document.
• Certificate of registration shall be for each head office, branch agent, sub-agent, extension
office or business outlet of foreign exchange dealers, money changers and remittance
agents.
• Shall be subject to enhanced due diligence.
AMLA Requirements on Banks
Adequate KYC
Numbered accounts (X806.2.o)
• Peso and foreign currency non-checking numbered accounts are allowed but the covered
institution shall establish the true and full identity and existence of the beneficial owners of
such accounts and applying enhanced due diligence.
Prohibited accounts (X806.2.p)
• Anonymous accounts, accounts under fictitious names, numbered checking accounts, and
all other similar accounts.
On-going monitoring of customers, accounts and Transactions (X806.3)
• Shall ensure that the true and full identity of the customers have been established
• Shall update all identification information and documents required to be obtained by the AMLA,
as amended, its RIRR
• Has a system that will enable it to understand the normal and reasonable account activity of
customers and detect unusual or suspicious patterns of account activity
• Risk and materiality based on-going monitoring of customer’s accounts and transactions should
be part of the customer due diligence
AMLA Requirements on Banks
Reporting (Covered & Suspicious Transactions)
2. Reporting of Covered Transaction (CTR) & Suspicious
Transaction (STR)
Covered Transaction (Sec. 3(b) of AMLA, RIRR)
- A single transaction in cash or other equivalent monetary
instrument involving a total amount in excess of Php500 thousand
within one banking day.
- Multiple transactions or series of transactions with an amount of
not more than Php500 thousand each, but whose total amount
exceeds the threshold amount, are NOT reportable as “Covered
Transaction.”
Reporting (Sec. X807)
- Submitted to AMLC within 10 working days from occurrence
thereof.
a) there is no underlying legal or trade obligation, purpose or economic justification;
b) the client is not properly identified;
c) the amount involved is not commensurate with the business or financial capacity of
the client;
d) taking into account all known circumstances, it may be perceived that the client’s
transaction is structured in order to avoid being the subject of reporting requirements
under the act;
e) any circumstance relating to the transaction which is observed to deviate from the
profile of the client and/or the client’s past transactions with the covered institution;
f) the transaction is in any way related to an unlawful activity or any money laundering
activity or offense under the AMLA, as amended, is being or has been committed;
g) any transaction that is similar, analogous or identical to any of the foregoing.
Reporting (Sec. X807)
• Submitted to AMLC within 10 working days from occurrence thereof.
AMLA Requirements on Banks
Record Keeping
3. Record Keeping Requirement
(Section X808)
a. Identification records: Maintained and safely
stored as long as the account is active.
b. Transaction records: Maintained and safely store
for 5 years from date of transaction.
(Subsec. X808.1)
Closed accounts: Preserve and safely store
1. Records on customer identification, 2. Account
files, and 3. Business correspondences at least 5
years from date of closure.
(Subsec. X808.2)
Money laundering case filed in Court: Retained
beyond 5 years.
Until confirmed that the case has been finally
resolved or terminated by the court.
R.A. No. 10365
Criminal & Administrative
Liabilities
R.A. No. 10365 Criminal &
Administrative Liabilities
2. Knowingly performing or failing to perform an act to any monetary instrument or property
involving the proceeds of any unlawful activity as a result of which he facilitated the offense of
money laundering (The person assists the money launderer)
Penalty:
- 4 to 7 years of imprisonment; and
- A fine of not less than P1.5M, but not more than P3M.
3. Knowingly failing to disclose and file with the AMLC any monetary instrument or property
required to be disclosed and filed
Penalty:
- 6 months to 4 years of imprisonment; or
- A fine of not less than P100k, but not more than P500k or both
R.A. No. 10365 Criminal &
Administrative Liabilities
2. Failure or refusal by any of the said persons to comply with AMLC orders, resolutions and issuances
Sanctions:
1. Warning or reprimand
2. Monetary Penalty of fine that is with the range of not more than Php500 thousand.
3. Fine of 200% of the value of the monetary instrument or property in cases of money
laundering and the covered person participated therein.
- No administrative, criminal or civil proceedings, shall lie against any person for having made a
covered or suspicious transaction report in the regular performance of his duties in good faith,
whether or not such reporting results in any criminal prosecution under this Act or any other law.
Crimes and Losses Report
(BSP Cir. 587)
- A type of report required to be submitted to BSP for any crime or transaction related loss.
1. To BSP Supervisory Data Center (SDC) & BSP Security, Investigation and
Transport Department (SITD)
2. Shall submit initial report within (10) calendar days from knowledge of the
crime/incident.
3. Shall submit final report not later than twenty (20) calendar days from
termination of investigation.
Sanctioned Countries
1. Western Balkans (Montenegro, Serbia, 13. Former Liberian Regime of Charles Taylor
Republic of Macedonia, Bosnia, (Archived of inactive sanctions program)
Herzegovina, Croatia, Kosovo, Albania and 14. Libya
Yugoslavia) 15. North Korea
2. Belarus 16. Somalia
3. Burma (Myanmar) 17. Sudan
4. Burundi 18. South Sudan
5. Central African Republic (CAR) 19. Syria
6. Columbia (Drug Cartels only) 20. Ukraine/Russia
7. Cote d’ Ivoire (Ivory Coast) 21. Venezuela
8. Cuba 22. Yemen
9. Democratic Republic of Congo 23. Zimbabwe
10. Iran
11. Iraq
12. Lebanon
FATF
Financial Action Task Force
Financial Action Task Force (FATF)
An international body based in Paris, France formed by G-7 in 1989 with a
mission of paving the way for the effective prevention and detection of
money laundering, and later to include terrorism financing, by ensuring that
appropriate measures against money laundering, and terrorism financing,
are implemented in all nations.
Red font – Call for Action
Orange – On-going Process (Other Monitored Jurisdictions)
“Compliance is a
Universal Responsibility”
Thank you.