The document outlines key definitions and provisions from the Anti-Money Laundering Act of 2001 (AMLA) and its amendments. It defines money laundering and unlawful activity, and identifies covered persons and transactions that must be reported to the Anti-Money Laundering Council (AMLC). Covered persons include banks, insurance firms, securities brokers, and other financial institutions, while suspicious transactions involve circumstances like lack of purpose or identity verification.
The document outlines key definitions and provisions from the Anti-Money Laundering Act of 2001 (AMLA) and its amendments. It defines money laundering and unlawful activity, and identifies covered persons and transactions that must be reported to the Anti-Money Laundering Council (AMLC). Covered persons include banks, insurance firms, securities brokers, and other financial institutions, while suspicious transactions involve circumstances like lack of purpose or identity verification.
The document outlines key definitions and provisions from the Anti-Money Laundering Act of 2001 (AMLA) and its amendments. It defines money laundering and unlawful activity, and identifies covered persons and transactions that must be reported to the Anti-Money Laundering Council (AMLC). Covered persons include banks, insurance firms, securities brokers, and other financial institutions, while suspicious transactions involve circumstances like lack of purpose or identity verification.
The document outlines key definitions and provisions from the Anti-Money Laundering Act of 2001 (AMLA) and its amendments. It defines money laundering and unlawful activity, and identifies covered persons and transactions that must be reported to the Anti-Money Laundering Council (AMLC). Covered persons include banks, insurance firms, securities brokers, and other financial institutions, while suspicious transactions involve circumstances like lack of purpose or identity verification.
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ANTI-MONEY LAUNDERING ACT of
2001 (AMLA), as amended by
RA 9194, RA 10167, RA 10365, RA 10927 Money Laundering - a crime committed by any person who knowing that any monetary instrument or property represents, involves, or relates to the proceeds of any unlawful activity: (1) transacts said monetary instrument or property; (2) converts, transfers, disposes of, moves, acquires, possesses or uses said monetary instrument or property; Money Laundering Cont’d. (3) conceals or disguises the true nature, source, location, disposition, movement or ownership of or rights with respect to said monetary instrument or property; (4) attempts or conspires to commit money laundering offenses referred to in (1), (2) or (3); Money Laundering Cont’d. (5) aids, abets, assists in or counsels the commission of the money laundering offenses referred to in (1), (2), or (3); (6) performs or fails to perform any act as a result of which he facilitates the offense of money laundering referred to in (1), (2), or (3). Money Laundering Cont’d. (7) This is also committed by failure to report to the Anti-Money Laundering Council (AMLC) by any covered person knowing that a covered or suspicious transaction is required under the Anti- Money Laundering Law to be reported thereto (RA 9160, as amended by RA 10365 approved on 2/15/13) ‘Covered transaction’ is a transaction in cash or other equivalent monetary instrument involving a total amount in excess of Five hundred thousand pesos (P500,000.00) within one (1) banking day; for casinos, a single casino transaction involving an amount in excess of Five million pesos (₱5,000,000.00) or its equivalent in any other currency. (RA 9160, as amended by RA 10927) ‘Covered persons’ - natural or juridical, refer to: (1) banks, non-banks, quasi-banks, trust entities, foreign exchange dealers, pawnshops, money changers, remittance and transfer companies and other similar entities and all other persons and their subsidiaries and affiliates supervised or regulated by the Bangko Sentral ng Pilipinas (BSP); ‘Covered persons’ Cont’d. (2) insurance companies, pre-need companies and all other persons supervised or regulated by the Insurance Commission (IC); ‘Covered persons’ Cont’d. (3) (i) securities dealers, brokers, salesmen, investment houses and other similar persons managing securities or rendering services as investment agent, advisor, or consultant, (ii) mutual funds, close-end investment companies, common trust funds, and other similar persons, and ‘Covered persons’ Cont’d. (3) (iii) other entities administering or otherwise dealing in currency, commodities or financial derivatives based thereon, valuable objects, cash substitutes and other similar monetary instruments or property supervised or regulated by the Securities and Exchange Commission (SEC); ‘Covered persons’ Cont’d. (4) jewelry dealers in precious metals, who, as a business, trade in precious metals, for transactions in excess of One million pesos (P1,000,000.00); (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); ‘Covered persons’ Cont’d. (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; ‘Covered persons’ Cont’d. (6) (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; ‘Covered persons’ Cont’d. (6) (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; and ‘Covered persons’ Cont’d. (6) (iv) acting as (or arranging for another person to act as) a nominee shareholder for another person; and (7) persons who provide any of the following services: (i) managing of client money, securities or other assets; ‘Covered persons’ Cont’d. (7) persons who provide any of the following services: (ii) management of bank, savings or securities accounts; (iii) organization of contributions for the creation, operation or management of companies; and ‘Covered persons’ Cont’d. (7) persons who provide any of the following services: (iv) creation, operation or management of juridical persons or arrangements, and buying and selling business entities. ‘Covered persons’ Cont’d. (8) casinos, including internet and ship-based casinos, with respect to their casino cash transactions related to their gaming operations.(RA 916, as amended by RA 10927) ‘Covered persons’ NOTE: The term ‘covered persons’ shall exclude lawyers and accountants acting as independent legal professionals in relation to information concerning their clients or where disclosure of information would compromise client confidences or the attorney-client relationship ‘Covered persons’ QUESTION: Jermaine is jobless but is reputed to be a jueteng operator. He has never been charged or convicted of any crime. He maintains several bank accounts and has purchased several houses from Artiaga Realty, Inc. Since he does not have any visible job, Realty Company reported his purchases to the AMLC. ‘Covered persons’ QUESTION: Thereafter, AMLC charged him with violation of the Anti-Money Laundering Law. Upon request of the AMLC, the bank disclosed to it Jermaine’s bank deposits amounting to 200 million pesos. ‘Covered persons’ QUESTION: Subsequently, he was charged in court. To raise funds for his defense, Jermaine sold the houses and lots to a friend. Can Artiaga Realty, Inc. refused to transfer to the buyer ownership of the houses and lots? ‘Covered persons’ ANS: No, Artiaga Realty, Inc. cannot refuse to transfer ownership of the houses. It is a real estate company, hence it is not a covered institution under Sec 3, of the Anti-Money Laundering Act. Only banking institutions, insurance companies, securities dealers and brokers, pre-need companies and other entities administering or otherwise dealing in currency, commodities or financial derivatives are covered institutions. Hence, Artiaga Realty, Inc. may not use the Anti-Money Laundering Act to refuse to transfer to the buyer ownership of the houses and lots. Suspicious transaction - are transactions with covered institutions, regardless of the amounts involved, where any of the following circumstances exist: 1. there is no underlying legal or trade obligation, purpose or economic justification; 2. the client is not properly identified; 3. the amount involved is not commensurate with the business or financial capacity of the client; Suspicious transaction Cont’d. 4. 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; 5. 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; Suspicious transaction Cont’d. 6. the transaction is in any way related to an unlawful activity or offense under this Act that is about to be, is being or has been committed; or 7. any transaction that is similar or analogous to any of the foregoing. UNLAWFUL ACTIVITY refers to any act or omission or series or combination thereof involving or having direct relation to the following: (1) Kidnapping for ransom under Article 267 of Act No. 3815, otherwise known as the Revised Penal Code, as amended; (2) Sections 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15 and 16 of Republic Act No. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002; UNLAWFUL ACTIVITY Cont’d. (3) Section 3 paragraphs B, C, E, G, H and I of Republic Act No. 3019, as amended, otherwise known as the Anti-Graft and Corrupt Practices Act; (4) Plunder under Republic Act No. 7080, as amended; (5) Robbery and extortion under Articles 294, 295, 296, 299, 300, 301 and 302 of the Revised Penal Code, as amended; UNLAWFUL ACTIVITY Cont’d. (6) Jueteng and Masiao punished as illegal gambling under Presidential Decree No. 1602; (7) Piracy on the high seas under the Revised Penal Code, as amended and Presidential Decree No. 532; (8) Qualified theft under Article 310 of the Revised Penal Code, as amended; UNLAWFUL ACTIVITY Cont’d. (9) Swindling under Article 315 and Other Forms of Swindling under Article 316 of the Revised Penal Code, as amended; (10) Smuggling under Republic Act Nos. 455 and 1937; (11) Violations of Republic Act No. 8792, otherwise known as the Electronic Commerce Act of 2000; UNLAWFUL ACTIVITY Cont’d. (12) Hijacking and other violations under Republic Act No. 6235; destructive arson and murder, as defined under the Revised Penal Code, as amended; (13) Terrorism and conspiracy to commit terrorism as defined and penalized under Sections 3 and 4 of Republic Act No. 9372; UNLAWFUL ACTIVITY Cont’d. (14) Financing of terrorism under Section 4 and offenses punishable under Sections 5, 6, 7 and 8 of Republic Act No. 10168, otherwise known as the Terrorism Financing Prevention and Suppression Act of 2012 UNLAWFUL ACTIVITY Cont’d. (15) Bribery under Articles 210, 211 and 211-A of the Revised Penal Code, as amended, and Corruption of Public Officers under Article 212 of the Revised Penal Code, as amended; (16) Frauds and Illegal Exactions and Transactions under Articles 213, 214, 215 and 216 of the Revised Penal Code, as amended; UNLAWFUL ACTIVITY Cont’d. (17) Malversation of Public Funds and Property under Articles 217 and 222 of the Revised Penal Code, as amended; (18) Forgeries and Counterfeiting under Articles 163, 166, 167, 168, 169 and 176 of the Revised Penal Code, as amended; UNLAWFUL ACTIVITY Cont’d. (19) Violations of Sections 4 to 6 of Republic Act No. 9208, otherwise known as the Anti-Trafficking in Persons Act of 2003; (20) Violations of Sections 78 to 79 of Chapter IV, of Presidential Decree No. 705, otherwise known as the Revised Forestry Code of the Philippines, as amended; UNLAWFUL ACTIVITY Cont’d. (21) Violations of Sections 86 to 106 of Chapter VI, of Republic Act No. 8550, otherwise known as the Philippine Fisheries Code of 1998; (22) Violations of Sections 101 to 107, and 110 of Republic Act No. 7942, otherwise known as the Philippine Mining Act of 1995; UNLAWFUL ACTIVITY Cont’d. (23) Violations of Section 27(c), (e), (f), (g) and (i), of Republic Act No. 9147, otherwise known as the Wildlife Resources Conservation and Protection Act; (24) Violation of Section 7(b) of Republic Act No. 9072, otherwise known as the National Caves and Cave Resources Management Protection Act; UNLAWFUL ACTIVITY Cont’d. (25) Violation of Republic Act No. 6539, otherwise known as the Anti-Carnapping Act of 2002, as amended; (26) Violations of Sections 1, 3 and 5 of Presidential Decree No. 1866, as amended, otherwise known as the decree Codifying the Laws on Illegal/Unlawful Possession, Manufacture, Dealing In, Acquisition or Disposition of Firearms, Ammunition or UNLAWFUL ACTIVITY Cont’d. (27) Violation of Presidential Decree No. 1612, otherwise known as the Anti- Fencing Law; (28) Violation of Section 6 of Republic Act No. 8042, otherwise known as the Migrant Workers and Overseas Filipinos Act of 1995, as amended by Republic Act No. 10022; UNLAWFUL ACTIVITY Cont’d. (29) Violation of Republic Act No. 8293, otherwise known as the Intellectual Property Code of the Philippines; (30) Violation of Section 4 of Republic Act No. 9995, otherwise known as the Anti- Photo and Video Voyeurism Act of 2009; (31) Violation of Section 4 of Republic Act No. 9775, otherwise known as the Anti- Child Pornography Act of 2009; UNLAWFUL ACTIVITY Cont’d. (32) Violations of Sections 5, 7, 8, 9, 10(c), (d) and (e), 11, 12 and 14 of Republic Act No. 7610, otherwise known as the Special Protection of Children Against Abuse, Exploitation and Discrimination; (33) Fraudulent practices and other violations under Republic Act No. 8799, otherwise known as the Securities Regulation Code of 2000; and UNLAWFUL ACTIVITY Cont’d. (34) Felonies or offenses of a similar nature that are punishable under the penal laws of other countries.” (Sec. 3(i) RA 9160, as amended by RA 10365) Anti-Money Laundering Council The Anti-Money Laundering Council shall be composed of the Governor of the Bangko Sentral ng Pilipinas as chairman, the Commissioner of the Insurance Commission and the Chairman of the Securities and Exchange Commission as members. Jurisdiction of Money Laundering Cases The regional trial courts shall have jurisdiction to try all cases on money laundering. Those committed by public officers and private persons who are in conspiracy with such public officers shall be under the jurisdiction of the Sandiganbayan. (Sec. 5) Prosecution of Money Laundering. Any person may be charged with and convicted of both the offense of money laundering and the unlawful activity as herein defined. PREVENTION OF MONEY LAUNDERING (Sec. 9) (a) Customer Identification. — Covered institutions shall establish and record the true identity of its clients based on official documents. They shall maintain a system of verifying the true identity of their clients and, in case of corporate clients, require a system of verifying their legal existence and organizational structure, as well as the authority and identification of all persons purporting to act on their behalf. PREVENTION OF MONEY LAUNDERING (Sec. 9) (a) Customer Identification. — Cont’d. The provisions of existing laws to the contrary notwithstanding, anonymous accounts, accounts under fictitious names, and all other similar accounts shall be absolutely prohibited. Peso and foreign currency non-checking numbered accounts shall be allowed. The BSP may conduct annual testing solely limited to the determination of the existence and true identity of the owners of such accounts. PREVENTION OF MONEY LAUNDERING (Sec. 9) (b) Record Keeping. — All records of all transactions of covered institutions shall be maintained and safely stored for five (5) years from the dates of transactions. With respect to closed accounts, the records on customer identification, account files and business correspondence, shall be preserved and safely stored for at least five (5) years from the dates when they were closed. PREVENTION OF MONEY LAUNDERING (Sec. 9) (c) Reporting of Covered Transactions. — Covered institutions shall report to the AMLC all covered transactions within five (5) working days from occurrence thereof, unless the Supervising Authority concerned prescribes a longer period not exceeding ten (10) working days. PREVENTION OF MONEY LAUNDERING (Sec. 9) When reporting covered transactions to the AMLC, covered institutions and their officers, employees, representatives, agents, advisors, consultants or associates shall not be deemed to have violated Republic Act No. 1405 (Law on Secrecy of Bank Deposits), as amended; Republic Act No. 6426 (Foreign Currency Deposit Act), as amended; Republic Act No. 8791(General Banking Laws) and other similar laws, but are prohibited from communicating, PREVENTION OF MONEY LAUNDERING (Sec. 9) directly or indirectly, in any manner or by any means, to any person the fact that a covered transaction report was made, the contents thereof, or any other information in relation thereto. PREVENTION OF MONEY LAUNDERING (Sec. 9) In case of violation thereof, the concerned officer, employee, representative, agent, advisor, consultant or associate of the covered institution, shall be criminally liable. EXCEPTION: No administrative, criminal or civil proceedings, shall lie against any person for having made a covered transaction report in the regular performance of his duties and in good faith. PREVENTION OF MONEY LAUNDERING (Sec. 9) In case of violation thereof, the concerned officer, employee, representative, agent, advisor, consultant or associate of the covered institution, shall be criminally liable. EXCEPTION: No administrative, criminal or civil proceedings, shall lie against any person for having made a covered transaction report in the regular performance of his duties and in good faith. PREVENTION OF MONEY LAUNDERING (Sec. 9) When reporting covered transactions to the AMLC, covered institutions and their officers, employees, representatives, agents, advisors, consultants or associates are prohibited from communicating, directly or indirectly, in any manner or by any means, to any person, entity, the media, the fact that a covered transaction report was made, the contents thereof, or any other information in relation thereto. …. PREVENTION OF MONEY LAUNDERING (Sec. 9) …. Neither may such reporting be published or aired in any manner or form by the mass media, electronic mail, or other similar devices. In case of violation thereof, the concerned officer, employee, representative, agent, advisor, consultant or associate of the covered institution, or media shall be held criminally liable. FREEZING OF MONETARY INSTRUMENT OR PROPERTY The Court of Appeals may issue a Freeze Order under the following conditions: (1) There must be a verified ex parte petition by the AMLC (2) CA must determine that probable cause exists that any monetary instrument or property is in any way related to an unlawful activity as defined in Section 3(i) of Republic Act No. 9160 FREEZING OF MONETARY INSTRUMENT OR PROPERTY Cont’d. (3) The freeze order shall be effective immediately, (4) The freeze order shall be for a period of twenty (20) days (5) Within the twenty (20)-day period, the Court of Appeals shall conduct a summary hearing, with notice to the parties, to determine whether or not to modify or lift the freeze order, or extend its effectivity. FREEZING OF MONETARY INSTRUMENT OR PROPERTY Cont’d. The total period of the freeze order issued by the Court of Appeals under this provision shall not exceed six (6) months. (Sec. 10, RA 9160 as amended by RA 10927) FREEZING OF MONETARY INSTRUMENT OR PROPERTY NOTE: If there is no case filed against a person whose account has been frozen within the period determined by the Court of Appeals, not exceeding six (6) months, the freeze order shall be seemed ipso facto lifted: FREEZING OF MONETARY INSTRUMENT OR PROPERTY NOTE: This is without prejudice to an asset preservation order that the Regional Trial Court having jurisdiction over the appropriate anti-money laundering case or civil forfeiture case may issue on the same account depending upon the circumstances of the case, where the Court of Appeals will remand the case and its records: FREEZING OF MONETARY INSTRUMENT OR PROPERTY NOTE: The freeze order or asset preservation order issued under this Act shall be limited only to the amount of cash or monetary instrument or value of property that the court finds there is probable cause to be considered as proceeds of a predicate offense, and the freeze order or asset preservation order shall not apply to amounts in the same account in excess of the amount or value of the proceeds of the predicate offense. FREEZING OF MONETARY INSTRUMENT OR PROPERTY a. The Court of Appeals should act on the petition to freeze within twenty-four (24) hours from filing of the petition. If the application is filed a day before a nonworking day, the computation of the twenty-four (24)-hour period shall exclude the nonworking days. (Sec. 10, RA 9160 as amended by RA 10167) FREEZING OF MONETARY INSTRUMENT OR PROPERTY b. A person whose account has been frozen may file a motion to lift the freeze order and the court must resolve this motion before the expiration of freeze order (Section 10, RA 9160, as amended by RA 10167 and RA 10365) c. No court shall issue a temporary restraining order or a writ of injunction against any freeze order, except the Supreme Court (Sec. 10, RA 9160, as amended by RA 10167) AUTHORITY OF AMLC TO INQUIRE INTO AND EXAMINE BANK DEPOSITS (Sec. 11, RA 9160, as amended by RA 10167) The AMLC may inquire into or examine any particular deposit or investment, including related accounts, with any banking institution or non-bank financial institution. This can be either upon order of the court or even without court order in certain exceptional cases. AUTHORITY OF AMLC TO INQUIRE INTO AND EXAMINE BANK DEPOSITS (Sec. 11, RA 9160, as amended by RA 10167) a. COURT ORDER REQUIRED: Examination by AMLC based on a Court Order upon Ex Parte Application – in cases of violations of Republic Act No. 9160 as amended, when it has been established that there is probable cause that the deposits or investments, including related accounts involved, are related to (1) an Unlawful Activity or (2) a money laundering offense. AUTHORITY OF AMLC TO INQUIRE INTO AND EXAMINE BANK DEPOSITS (Sec. 11, RA 9160, as amended by RA 10167) RELATED ACCOUNTS. A court order ex parte must first be obtained before the AMLC can inquire into Related Accounts. NOTE: RELATED ACCOUNTS shall refer to accounts, the funds and sources of which originated from and/or are materially linked to the monetary instrument(s) or property(ies) subject of the freeze order(s). AUTHORITY OF AMLC TO INQUIRE INTO AND EXAMINE BANK DEPOSITS (Sec. 11, RA 9160, as amended by RA 10167) (1) RELATED ACCOUNTS. A court order ex parte must first be obtained before the AMLC can inquire into Related Accounts. NOTE: RELATED ACCOUNTS shall refer to accounts, the funds and sources of which originated from and/or are materially linked to the monetary instrument(s) or property(ies) subject of the freeze order(s). AUTHORITY OF AMLC TO INQUIRE INTO AND EXAMINE BANK DEPOSITS (Sec. 11, RA 9160, as amended by RA 10167) (2) The Court of Appeals must act on the application within 24 hours from the filing. AUTHORITY OF AMLC TO INQUIRE INTO AND EXAMINE BANK DEPOSITS (Sec. 11, RA 9160, as amended by RA 10167) b. NO COURT ORDER shall be required for the examination of bank deposits by AMLC in cases involving: 1. Kidnapping for ransom under Article 267 of Act No. 3815, otherwise known as the Revised Penal Code, as amended; AUTHORITY OF AMLC TO INQUIRE INTO AND EXAMINE BANK DEPOSITS (Sec. 11, RA 9160, as amended by RA 10167) Cont’d. 2. Sections 4, 5, 7, 8, 9, 10, 12, 13, 14, 15 and 16 of Republic Act No. 9165 otherwise known as the Comprehensive Dangerous Drugs Act of 2002; AUTHORITY OF AMLC TO INQUIRE INTO AND EXAMINE BANK DEPOSITS (Sec. 11, RA 9160, as amended by RA 10167) Cont’d. 3. Hijacking and other violations under Republic Act No. 6235; destructive arson and murder, as defined under the Revised Penal Code, as amended, including those perpetrated by terrorists against non- combatant persons and similar targets; AUTHORITY OF AMLC TO INQUIRE INTO AND EXAMINE BANK DEPOSITS (Sec. 11, RA 9160, as amended by RA 10167) Cont’d. 4. Felonies or offenses of a nature similar to those mentioned in Section 3(i)(1), (2), and (12), which are punishable under the penal laws of other countries; and 5. Terrorism and conspiracy to commit terrorism as defined and penalized under Republic Act No. 9372; AUTHORITY OF AMLC TO INQUIRE INTO AND EXAMINE BANK DEPOSITS (Sec. 11, RA 9160, as amended by RA 10167) Cont’d. c. The authority of AMLC to inquire into or examine the main account and the related accounts shall comply with the requirements of Article III, Sections 2 and 3 of the 1987 Constitution NOTE: Secs. 2 and 3 of Art III of the 1987 Consti. Section 2. xxx no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized. Section 3. (1) The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise, as prescribed by law. xxx
[SALES] “A” sells his 1976 Colt Lancer Sedan to “B,” a compadre, and leaves it to “B” to determine the price. If “BR” refuses to fix a price and simply takes the car, is he still obliged to pay the price? Explain. (1976)