National Responses to

AML Regime

Sheiffi Puspapertiwi, MA
Department of International Relations
Universitas Diponegoro

Actions Taken by States

Criminalising money laundering
Enable authorities to trace, freeze and confiscate
illicit proceeds
Require financial institutions to obtain customer
identification information and prohibit anonymous
accounts
Require financial institutions to report large cash
transactions and all suspicious transactions
Place more forceful controls on professionals
Provide for inter-state cooperation in criminal
matters

In Collaboration with Private Sector

Opportunity for Government to build confidence
among stakeholders
Promoting mutual understanding and future
cooperation

Financial Intelligence Unit

FIUs are agencies that receive reports of
suspicious transactions from financial
institutions and other persons and entities,
analyze them, and disseminate the resulting
intelligence to local law-enforcement agencies
and foreign FIUs to combat money laundering

Administrative-type FIUs
Part of the structure, or under the supervision of, an
administration or an agency other than the lawenforcement or judicial authorities (autonomous /
independent FIUs).
Examples; Andorra, Aruba, Australia, Belgium,
Bolivia, Bulgaria, Canada, Colombia, Croatia, the
Czech Republic, France, Israel, the Republic of Korea,
Liechtenstein, Malta, Monaco, the Netherlands, the
Netherlands Antilles, Panama, Poland, Romania,
Russia, Slovenia, Spain, Ukraine, the United States,
and Venezuela.

Law-enforcement-type FIUs
Part of a law-enforcement agency
Examples: Austria, Estonia, Germany, Guernsey,
Hungary, Iceland, Ireland, Jersey, Slovakia,
Sweden, and the United Kingdom

Judicial or prosecutorial-type FIUs

Established within the judicial branch of the
state and most frequently under the prosecutors
jurisdiction.
Work well in countries with strong banking
secrecy laws

Hybrid FIUs
An attempt to obtain the advantages of all the
elements put together, for example: joining two
agencies that had been involved in combating
money laundering into one.
Examples: Denmark, Jersey, Guernsey, and
Norway

FIUs Principles
Secrecy duty
enables FIUs to exercise their function as an
intermediary between financial institutions and
law enforcement agencies
protect the personnel of reporting institutions
protect the right to privacy of the individuals to
whom the information disclosed relates
allows the information to be subjected to a
specialty principle

Speciality principle
specialty principle concerns the use of
information, which restricts the purposes for
which certain types of information can be used
specialty principle is intended to foster and
sustain a climate of mutual trust between the
reporting economic operators and the reporting
units
The differences in form of the specialty principle
spring from existing relationship and degree of
trust between the economic operators

Supervisor Authority
inform the authorities responsible for combating
money laundering
Hold the administrative powers to punish
financial institutions that have failed to observe
anti-money laundering rules
eg.: The Annunzio-Wylie Anti-Money
Laundering Act of 1992