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otherwise as the Anti-Money Laundering Act of 2001 (AMLA), as amended. principal task is to implement the AMLA, as amended.
A. Composition
1. The BSP Governor as Chairman
B. Secretariat
AMLC is assisted by a Secretariat which is headed by an Executive Director. Executive Director Technical Services Staff
Investigative triggers
a. STRs; b. CTRs that are or can be materially linked to any specified unlawful activity, suspicious transaction, money laundering activities and/ or other AMLA related violations; c. Referrals by Supervisory Authorities, LEAs and other agencies on possible money laundering activities/offenses and other violations of the AMLA; d. Subject to the rules on reciprocity, referrals by foreign jurisdictions/states or FIUs involving possible money laundering activities/offenses of similar nature to the unlawful activities under the AMLA, as amended;
Investigative triggers
e. Newspaper or media reports of money laundering activities which contain sufficient leads or particulars to warrant the taking of further action, provided that the predicate offense can be sufficiently established by the following: (i) proof of its on-going investigation by the concerned law enforcement agency; (ii) the filing of the corresponding criminal information ; or (iii) the pendency of the criminal case for the predicate offense;
Investigative triggers
f. Citizens sworn complaints relating to money laundering activities and/or other violations of the AMLA, provided the conditions under paragraph (e) above are met with regard to sufficient leads and proof of the predicate offense. g. Text (SMS) scams; h. Media reports in violation of Section 9 [c] of the AMLA (Breach of Confidentiality); i. Sworn complaints from alleged victims of malicious reporting (Section 14 [c], AMLA); and j. Such other reports, referrals or complaints similar, analogous or identical to any of the foregoing as may be determined
a mutual legal assistance office - assists foreign States in tracking down, freezing, restraining, seizing and forfeiting assets alleged to be proceeds of any unlawful activity. - coordinates with DOJ AML state counsels.
a quasi-judicial body - hears and decides administrative cases involving AMLA violations by covered institutions. - imposes administrative sanctions, i.e. fine on erring covered institutions. - coordinates with the Supervising Authorities (BSP, SEC and IC).
D. Special Powers
1. Financial Analysis/Investigation
suspicious transactions covered transactions deemed suspicious money laundering activities other AMLA violations referrals from LEAs and other government agencies sworn complaints of citizens media reports
Under the AMLA, money laundering is transaction-based. It is a crime whereby the proceeds of an unlawful activity as defined in the AMLA are transacted (or attempted to be transacted) thereby making them appear to have originated from legitimate sources.
2. Bank Inquiry
AMLC Resolution - Probable cause* Court Order - Probable cause*
* The bank deposits or investments are related to an unlawful activity as defined in Sec. 3 of the AMLA or a money laundering offense under Sec. 4 of the AMLA.
3. Freeze
Petition to freeze with Court of Appeals (CA) Probable cause* to get CA freeze order
* The bank deposits and/or other assets are related to an unlawful activity as defined in the AMLA.
4. Civil Forfeiture
Petition for civil forfeiture with the Regional Trial Court (RTC) Probable cause* to get Provisional Asset Preservation Order (PAPO)/Asset Preservation Order (APO) Preponderant evidence to get civil forfeiture judgment
* The bank deposits and/or other assets are related to an unlawful activity as defined in the AMLA or a money laundering offense under Sec. 4 of the AMLA.
** However, under Rule 6.7 of the RIRRs no element of the unlawful activity including the identity of the perpetrators and the details of the actual commission of the unlawful activity need be established by proof beyond reasonable doubt.
agencies and its various Sub-Committees (SCILEC, SCIC, SCDDCC, etc.) chairs the NALECCs Sub-Committee on AML/CFT chairs the Financial Sector Liaison Committee (member-associations from the banking, securities and insurance sectors) a support agency to the Anti-Terrorism Council a support agency to the Office of the Ombudsman
F. International Cooperation
A. Active Cases
Types of Cases ML Criminal Complaints Petitions for Freeze Order Court-based Application for Bank Inquiry Civil Forfeiture Cases Total No. of Active Cases OMB Sandigan 1 DOJ RTC CA SC 15 24 4 8 41 1 15 73 4 Total 40 4 8 41 93
B. Resolved/Decided Cases
Types of Cases ML Criminal Complaints Petitions for Freeze Order Court-based Application for Bank Inquiry Civil Forfeiture Cases Total No. of Resolved/ Decided Cases OMB 1 Sandigan DOJ RTC CA SC Total 1 13 3 57 46 12 1 1 13 61 57 18 57 46 12 133
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