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1
Malaysian FIU – Malaysian FIU – Establishing an FIU, Issues and Resolutions
By: Datuk Zamani Abdul Ghani
Deputy GovernorBank Negara Malaysia
30 March 200530 March 2005
International Seminar on Anti-Money LaunderingInternational Seminar on Anti-Money Laundering
2
OverviewOverviewEstablishing an FIUAMLANational Coordination Committee to Counter Money LaunderingFIU in Bank Negara Malaysia
Background MissionOrganisational Structure
Core partners of the FIUIssues and Resolutions
Building Stakeholders’ ConfidenceBuilding Reporting Institutions’ Confidence in the FIUEnsuring Compliance among Reporting InstitutionsBuilding Expertise among StakeholdersCompliance with International Standards
Challenges
3 FIU- Malaysian Experience
ANTI-MONEY LAUNDERING ACT 2001 (AMLA)
April 2000 Inaugural meeting of National Co-
ordinating Committee to Counter Money Laundering (NCC)
Malaysian Government approved AMLA concept paper
Dewan Rakyat (Lower House) passed AMLA
Dewan Negara (Upper House) passed AMLA
AMLA came into force
October 2000
May 2001
June 2001
January 2002
AMLA (Amendment) Act 2003 gazetted as law
December 2003
4 FIU- Malaysian Experience
National Coordinating Committee to Counter Money Laundering (NCC)
Coordinate the implementation of the national anti-money laundering / combating the financing of terrorism (AML/CFT) programme
Develop and ensure proper implementation of measures to counter money laundering based on internationally accepted standards
Comprises 13 government Ministries and agencies
Each agency is responsible to study, provide information, and report the development of any decision in the NCC meeting
5 FIU- Malaysian Experience
NCC MembersAnti-Corruption
Agency
Attorney-General’s Chambers
Companies Commission of
Malaysia
Inland Revenue Board
Labuan Offshore Financial Services
Authority
Ministry of Domestic Trade and Consumers
Affairs
Bank Negara Bank Negara MalaysiaMalaysia
Ministry of Finance
Ministry of Foreign Affairs
Ministry of Internal Security
Royal Malaysian Customs
Royal Malaysian Police
Securities Commission
6 FIU- Malaysian Experience
FIU in Bank Negara Malaysia - Background
Established in August 2001
FIU in Bank Negara Malaysia
Established under the Anti-Money Laundering Act 2001 (AMLA)
The Minister of Finance appointed Bank Negara Malaysia as Competent Authority under the AMLA on 15 January 2002
Powers and functions under the AMLA
7 FIU- Malaysian Experience
Powers accorded by AMLA
To receive suspicious transaction reports and analyse information Share financial intelligence with enforcement agenciesTo compile statistics and records pertaining to compliance with AMLAMake recommendations to the relevant supervisory authorities, enforcement agencies and reporting institutionsCreate training requirements and provide training for reporting institutions
8 FIU- Malaysian Experience
Mission and Purpose
MissionMission
Formulate and implement AML/CFT laws and measures to deter and detect financial crimes by gathering and sharing financial intelligence
PurposePurpose
To facilitate the implementation and enforcement of the AMLA nationwide and to co-operate with other countries in the global fight against money laundering and serious crimes.
9 FIU- Malaysian Experience
Organisational Structure
Deputy DirectorDeputy Director
IntelligenceIntelligenceAnalysisAnalysis
Clerical Clerical OfficersOfficers
Senior Senior ExecutiveExecutivess
Senior Senior ExecutiveExecutivess
Senior Senior ExecutiveExecutivess
Strategic Strategic and Policyand Policy ComplianceCompliance
InvestigationInvestigationSupportSupport
RelationshipRelationship ManagementManagement
Deputy DirectorDeputy Director
DirectorDirector
ManagerManagerss ManagerManagerss ManagerManagerManagerManager
Senior Senior ExecutiveExecutivess
PersonalPersonal AssistantAssistant
Admin. Admin. AssistantAssistant
STRATEGIC STRATEGIC DEVELOPMENTDEVELOPMENT
INTELLIGENCE INTELLIGENCE MANAGEMENTMANAGEMENT
10 FIU- Malaysian Experience
Core functionsTo carry out roles and functions set out in the AMLA
Spearhead national efforts in combating money laundering and serious crimes by providing value-added contributions to national and international supervisory/enforcement agencies
Formulate and implement comprehensive national anti-money laundering regime
Promote awareness of money laundering and terrorism financing issues and the AMLA
Act as Secretariat to, and coordinate, the NCC’s initiatives
11 FIU- Malaysian Experience
Core partners of the FIUSUPERVISORY & SUPERVISORY &
REGULATORY AGENCIESREGULATORY AGENCIES• Bank Negara Malaysia• Securities Commission• Labuan Offshore Financial Services
Authority• Companies Commission of Malaysia
REPORTING INSTITUTIONSREPORTING INSTITUTIONSw.e.f. 15/01/2002
• Commercial banks• Merchant banks• Finance companies• Islamic banks
w.e.f. 15./04/2002• Discount houses• Insurers• Insurance brokers• Takaful operators• Offshore banks• Offshore insurers• Offshore trust companies
w.e.f 1/06/2002• Money changers
w.e.f 15/01/2003• Pilgrims Fund Board • Pos Malaysia Berhad• Bank Simpanan Nasional• Bank Kerjasama Rakyat
Malaysia Berhad• Licensed casino
ENFORCEMENT ENFORCEMENT AGENCIESAGENCIES
• Bank Negara Malaysia• Royal Malaysian Police• Royal Malaysian Custom• Anti-Corruption Agency• Companies Commission Of
Malaysia• Securities Commission
FOREIGN FIUsFOREIGN FIUs
FINANCIAL INTELLIGENCE UNIT
FINANCE MINISTERFINANCE MINISTER
w.e.f 31/03/2004• Stockbrokers• Futures brokers
w.e.f 30 September 2004• Lawyers• Accountants• Company Secretaries
• Bar Council• Malaysian Institutes of Accountants• Malaysian Institute of Chartered
Secretaries and Administrators• Other company secretaries bodies
SELF-REGULATORY SELF-REGULATORY ORGANISATIONSORGANISATIONS
12
Issues and Resolutions
13 FIU- Malaysian Experience
Issue and ResolutionsIssue: Building stakeholders’ confidenceResolutions:
Regular consultation with the relevant supervisory and regulatory authorities Agreement sought on the implementation strategiesGuidelines on AML/CFT issued by relevant regulatory and self-regulatory authoritiesAMLA briefing sessionsAdequate manpower in the FIU
14 FIU- Malaysian Experience
Issues and Resolutions
Issue: Building reporting institutions’ confidence in the FIU
Resolutions:
STR submitted in a highly confidential manner
FIU deals directly with the compliance officer
Compliance officers protected by civil, criminal or disciplinary actions under the AMLA for reporting STR
Tipping off is an offence under the AMLA
Financial Intelligence System (FINS) to ensure efficient and secure reporting
15 FIU- Malaysian Experience
Financial Intelligence System (FINS) To facilitate speedy and efficient submission of
STRs or Account Statements (when the need arises) from the reporting institutions through secure online environment
To ensure that submitted information is handled with high security and confidentiality without possible means of interruption throughout the transmission
16 FIU- Malaysian Experience
Intelligence Process
Investigating Investigating AgenciesAgencies
Prosecuting Prosecuting AgencyAgency
Data Data SubmissionSubmission DatabaseDatabase
AnalysisAnalysis
Foreign FIUsForeign FIUs Related Related AgenciesAgencies
Reporting Reporting InstitutionInstitution
Information for prosecuting
Exchange of information Provide input
Analyses information
FIUFIU
17 FIU- Malaysian Experience
Inward Transfer
BANK A BERHAD
BANK Z OVERSEAS
FIU Bank Negara Malaysia
MR. JOHN DOE
MR. RUDY FIASCOROYAL MALAYSIAN
POLICE
BANK B BERHAD
BANK C BERHAD
MR. JOHN DOE
MR. JOHNNY
DOE
MR. JOHNNY DOE
ARRESTEDBANK Y
OVERSEAS
MR. RUDY FIASCO
Outward Transfer
18 FIU- Malaysian Experience
Issues and Resolutions
Issue: Ensuring compliance among reporting institutions
Resolutions: Establishing a comprehensive legal framework that consists of:
regulatory/ supervisory
compliance
enforcement
19 FIU- Malaysian Experience
Ensuring Compliance
LEGAL LEGAL FRAMEWORKFRAMEWORK
REGULATORY REGULATORY FRAMEWORKFRAMEWORK
COMPLIANCE COMPLIANCE FRAMEWORKFRAMEWORK
ENFORCEMENT ENFORCEMENT FRAMEWORKFRAMEWORK
Supervisory & Supervisory & Regulatory AgenciesRegulatory Agencies
Reporting Reporting InstitutionsInstitutions
Enforcement Enforcement AgenciesAgencies
• GuidelinesGuidelines
• Supervisory FrameworkSupervisory Framework
• Informal Enforcement Informal Enforcement FrameworkFramework
Compliance Compliance ProgrammeProgramme
AMLA Investigation AMLA Investigation Reference GuideReference Guide
20 FIU- Malaysian Experience
Supervisory FrameworkManagement Management
OversightOversight
Policies and Policies and ProceduresProcedures
Internal ControlInternal Control
Human Resource Human Resource and Trainingand Training
Management Management Information Information
SystemSystem
21 FIU- Malaysian Experience
Supervisory Framework
Evaluate adequacy and effectiveness of AML/CFT policies, procedures, systems and controls
Evaluate adequacy and effectiveness of AML/CFT programmes at FIs
Determine compliance with AMLA
Assess adequacy and comprehensiveness of AML/CFT training and education programmes
Recommend corrective actions
Assess AML risk management structure and highlight high risk areas to be reviewed
22 FIU- Malaysian Experience
Issues and Resolutions
Issue: Building expertise among stakeholders
Resolutions:
Conduct regular briefing sessions
Collaborate with training institutes
Collaborate with international bodies for specialised training
23 FIU- Malaysian Experience
Building expertiseFIUFIU
Reporting Reporting InstitutionsInstitutions
SRAs, SROs SRAs, SROs and LEAsand LEAs
• Awareness Awareness programmeprogramme
• Training in Training in collaboration with collaboration with training institutestraining institutes
• Awareness Awareness programmeprogramme
• Training in Training in collaboration with collaboration with training institutes training institutes and international and international bodiesbodies
ExternalExternalInternalInternal
• Specialised training Specialised training programmesprogrammes
• Training in Training in collaboration with collaboration with international bodiesinternational bodies
International Orgns. International Orgns. (ASEM,APG)(ASEM,APG)
24 FIU- Malaysian Experience
Issues and Resolutions
Issue: Compliance with international standards
Resolutions:
Membership and participation in various international groups
Benchmarking – compliance with FATF’s 40+9 Recommendations
Information sharing (MoUs)
Mutual legal assistance
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Challenges
26 FIU- Malaysian Experience
Challenges
Organisational effectiveness
Implementation of FATF 40+9 Recommendations
Timely response to emerging ML/TF trends