The prohibition of money laundering law

Similar documents
Anti-Money Laundering Policy

To: The banking corporations and credit card companies

Financial and Commercial Services UNIVERSITY OF BRADFORD ANTI-MONEY LAUNDERING POLICY

MEX MEX ANTI-MONEY LAUNDERING POLICY

Anti-Money Laundering Awareness Training Insurance Industry-Hong Kong

Money Laundering And The Proceeds Of Crime

MEMBER REGULATION. notice

Produced by Corbin Communications Ltd.

Standard 2.4. Customer identification and customer due diligence; Prevention of money laundering, terrorism financing and market abuse

Anti-Money Laundering Policy and Procedure

National Film & Television School ( the School ) Anti-Money Laundering Policy 1

Anti-money Laundering Bulletin

Money Laundering and the Proceeds of Crime

Anti Money Laundering Policy

READING COMMUNITY LEARNING CENTRE

Member States capabilities in fighting tax crimes

AC NOTE FICA. What FICA governs and requires

PREVENTION OF MONEY LAUNDERING AND FINANCING OF TERROR, AND CUSTOMER IDENTIFICATION

MONEY-LAUNDERING AND TERRORISM FINANCING PREVENTION SANTANDER GROUP GLOBAL POLICY

Developments in Anti-Money Laundering Regulation for Investment Advisers and Funding Portals. May 2016

Date: Version: Reason for Change:

Chapter 2: Duties of Financial Intermediaries Section 1: Duty of Due Diligence

MONEY LAUNDERING - HIGH VALUE DEALERS

CONTINENTAL REINSURANCE ( C Re ) ANTI-MONEY LAUDERING/COUNTERING THE FINANCING OF TERRORISM (AML/CFT) POLICY

Anti-Money Laundering - A Practical Guide 27th September Doug Hopton Director DTH Associates Limited

Standard contractual clauses for the transfer of personal data to third countries - Frequently asked questions

ANTI-MONEY LAUNDERING AND COUNTER TERRORISM FINANCING PROCEDURE MANUAL. Fcorp Services Ltd

National Risk Assessment on Terrorist Financing

Regional Risk Spotlight: An Interview with Michael Kim of Kobre & Kim on South Korea s Anti-Money Laundering Laws

SAINT CHRISTOPHER AND NEVIS STATUTORY RULES AND ORDERS. No. 46 of 2011

INSURANCE ACT 1986 INSURANCE (ANTI-MONEY LAUNDERING) REGULATIONS 2008

Anti-Money Laundering Policy

MONEY-LAUNDERING PREVENTION SANTANDER GROUP GLOBAL POLICY

Ordinance of the Swiss Federal Banking Commission Concerning the Prevention of Money Laundering

Law on. Combating Money Laundering and Terrorism Financing LAW ON COMBATING MONEY LAUNDERING AND TERRORISM FINANCING

Registry General September 2015

MONEY LAUNDERING (l'rohibition) (AMENDMENT) ACT, 2012

Merseytravel Anti Money Laundering Policy and Procedures (DCD/49/12) Report of the Director of Corporate Development

Article 1. Article 2. Article 3 A FCM shall comply with the following provisions in undertaking CDD measures:

Federal Act on Combating Money Laundering and Terrorist Financing

Contents Directive on Performing Customer Due Diligence in Financial institutions... 2

Institute of Actuaries DPB Compliance Bulletin No. 23 October 2011 Anti Money Laundering

Anti-Money Laundering ISRAEL

Federal Act on Combating Money Laundering and Terrorist Financing

THE LAW OF UKRAINE On Prevention and Counteraction to Legalization (Laundering) of the Proceeds from Crime

Having regard to the Treaty establishing the European Community, and in particular Article 47(2), first and third sentences, and Article 95 thereof,

SUSPICIOUS TRANSACTIONS AND ANTI-MONEY LAUNDERING GUIDELINES

Money Laundering and Terrorist Financing: Definitions and Explanations

ANTI-MONEY LAUNDERING STATEMENT

BT Premium Cash Fund. Additional Information Booklet Dated 1 July 2013

Member States capabilities in fighting tax crimes

FEBRUARY 2013 / 811 FOR THE NZ LEGAL PROFESSION ANTI-M NEY. LAUndering AND COUNTERING FINANCING OF TERRORISM ~ PAGE 4 ~

SUSPICIOUS TRANSACTIONS AND ANTI-MONEY LAUNDERING GUIDELINES

The Role of Accountants in the Fight against Money Laundering

MONEY LAUNDERING - The EU and Malta

ANTI-MONEY LAUNDERING AND COUNTER FINANCING OF TERRORISM (AML/CFT): TANZANIA PERSPECTIVE

Payroll Agents Sector Specific AML/CFT Guidance Notes December 2015

Appendix 2. The text in this appendix is new and is not underlined and struck through in the usual manner. The DFSA Rulebook

Identify your jurisdiction s money laundering and anti-money laundering (AML) laws and regulations. Describe the main elements of these laws.

Question 1 - Money Laundering: Definition

Papali I T Scanlan: Preventing money laundering and financing of terrorism in Samoa

FRANCE BENEFICIAL OWNERSHIP TRANSPARENCY

Anti-Money Laundering Law of the People's Republic of China

ANTI-MONEY LAUNDERING POLICY. (2 nd Edition)

OPTIMUM FINANCIAL SERVICES GROUP (PTY) LTD FINANCIAL INTELLIGENCE CENTRE ACT ( FICA ) POLICY

Chapter IV Fight against Money Laundering

CARIBBEAN DEVELOPMENT BANK STRATEGIC FRAMEWORK FOR INTEGRITY, COMPLIANCE AND ACCOUNTABILITY PILLAR II COMPLIANCE POLICY

Targeting Illicit Financial Flows

ABCsolutions Inc. CREA Module Three: Reporting Requirements

Introduction to FATF THE FINANCIAL ACTION TASK FORCE AND THE ROLE OF LAWYERS IN COMBATING MONEY LAUNDERING AND TERRORIST FINANCING

THE THE COMBATING OF MONEY LAUNDERING CONFERENCE

Statutory Review of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act

BGLC WELCOMES YOU TO THE Anti-Money Laundering Training Session now Proceeds of Crime Act (POCA) 2007:

Eva Rossidou Papakyriacou Senior Counsel of the Republic Head of the Unit for Combating Money Laundering (MOKAS)

Anti-Money Laundering, counter Terrorist Financing and sanctions Procedure

Transparency & trust: enhancing the transparency of UK company ownership and increasing trust in UK business. Discussion Paper, July 2013

AMENDMENTS TO THE MONEY LAUNDERING (JERSEY) ORDER 2008

Joint Equity. Anti-Money Laundering Compliance Manual

Just the facts about proving your identity.

HANDBOOK FOR FINANCIAL SERVICES BUSINESSES ON COUNTERING FINANCIAL CRIME AND TERRORIST FINANCING

CORRUPTION. A Reference Guide and Information Note. on the use of the FATF Recommendations. to support the fight against Corruption

REGULATORY OVERVIEW. In addition to the licensing requirements on corporations that carry on regulated activities, any individual who:

FIU G3: Anti-Money Laundering and Combating the Financing of Terrorism Guideline for Insurance Companies 2014

Anti-money laundering and countering the financing of terrorism the Reserve Bank s responsibilities and approach

T s And C s. General terms and conditions. It s Ours. June 2018

Appendix 2. In this Appendix underlining indicates new text and striking through indicates deleted text. The DFSA Rulebook

LAW OF MONGOLIA ON COMBATING MONEY LAUNDERING AND TERRORISM FINANCING. Chapter one General provisions

Regulation on non-trading transactions and the KYC/AML policy

VISA INTELLILINK ADDITIONAL DESCRIPTION DATE TERMS AND CONDITIONS 11.16

ANTI-MONEY LAUNDERING MANUAL

Financial Transactions and Reports Analysis Centre of Canada Centre d analyse des opérations et déclarations financières du Canada

Business Savings Products General Terms and Conditions

REPUBLIC OF NAMIBIA NATIONAL STRATEGY ANTI-MONEY LAUNDERING COMBATTING THE FINANCING OF TERRORISM

THE INSTITUTE OF CHARTERED ACCOUNTANTS OF NIGERIA (Established by Act of Parliament No. 15 of 1965)

THE KINGDOM OF LESOTHO ANTI-MONEY LAUNDERING AND COMBATING THE FINANCING OF TERRORISM REGIME

Law of Banking and Security DR. ZULKIFLI HASAN

Asgard Managed Profiles and Separately Managed Accounts Funds Investment

ANTI-MONEY LAUNDERING AND COUNTER-TERRORIST FINANCING POLICY AND PRINCIPLES

Govern d Andorra Missió Permanent del Principat d Andorra a l OSCE NOTE VERBALE

PRACTICE CIRCULAR ON THE PREVENTION OF MONEY LAUNDERING AND COUNTERING THE FINANCING OF TERRORISM 08-13

Transcription:

The prohibition of money laundering law Bank and customer requirements The main requirements of the Prohibition of Money Laundering Law are presently being implemented. The purpose of the Law is to enable the authorities to locate money originating from criminal activity. The Law is implemented by a new Authority which has been established for this purpose within the Ministry of Justice, by the financial service industry (including the banks)and by the police and the internal security service,where necessary. The acts of terror perpetrated September 2001 underlines the importance and urgent need for the Law. Terror organizations, drug dealers and organized crime groups continuously try to conceal their activities and finance them by laundering money. They try to launder much of their criminally derived money through the financial system, therefore financial institutions play a special role in anti-money laundering legislation throughout the world. The war against money laundering is part of the international fight against terror and organized crime. If you wish to know more about money laundering, please read the information in the last section of this booklet. To receive information on the new Law, particularly from the point of view of the banking system, and what you, the customer, need to know, please turn to the next page. What does the Israeli "prohibition of money laundering law say? The new Law make money laundering a criminal offense. Financial institutions must identify customers in accordance with rules set out in the regulations and must report certain pre-defined financial transactions as well as unusual activities of customer. A central principle of the Law is to criminalize any action involving property which has its source in criminal activity, in order to conceal that source and to conceal the identity of the owners of such property. Anyone carrying out money laundering is committing a criminal offense and liable to the punishments set out in the Law.The Law sets out a list of crimes in connection with money laundering: drug dealing, illegal arms ale,gambling, prostitution,

breach of intellectual property rights and other.tax related offences are not included in the list. In order to combat attempt to launder money through the financial system, the Law requires that providers of financial service, including banks,receive and authenticate identification details from anyone requesting to open a bank account or carry out banking transactions, and also require the banks to report certain transactions to the Authority set up for this purpose in the Ministry of Justice. IDENTIFICATION REQUIREMENTS The banks are required to receive a list of identifying particular, most of which were required even before the new Law came into force, from anyone requesting to open an account or requesting to change ownership of an account or carry out certain transactions in the account (among these: name,i.d./passport number, address, identities of other beneficiaries in the account and identities of persons authorised to operate the account). Customers are also requested to declare whether they are opening the account for themselves or on behalf of another person, in order that banks may determine who is the true beneficial owner of the account. For accounts opened in the name of a corporation, customers are required to give the names of those who have ultimate control of the corporation, whether individuals or corporations. According to the law, customers who do not supply the details during this time will be required to close their account, and they are disabled to carry out banking transactions. REPORTING REQUIREMENTS The reports on banking transactions that must be sent to the Authority in the Ministry of Justice, fall into two categories: Reporting by Size of Transaction This is an automatic report, the creation of which is not at the discretion of the bank,and it relates to certain transactions the

value of which is above a pre-defined amount. These are not transactions about which there is any specific suspicion of money laundering.however,in light of the experience gained in other countries,the legislator decided that these transactions should be referred to the Authority. Below are some examples: The deposit or withdrawal of cash, in shekels or in foreign currency, in an amount exceeding NIS 50,000,whether or not the transaction is carried out in the account of a customer. For example, a deposit of NIS 50,000 in cash in order to carry out an international transfer of foreign currency. The exchange of Israeli or foreign currency banknotes in an amount in excess of NIS 50,000. The transfer from Israel to another country or from another country to Israel, through a bank account, of an amount of at least NIS 1,000,000 (unless it is documented or declared by the customer that the transaction is directly linked to the import or export of goods). Reporting of Unusual Transactions Banks are also required to report transactions to the Authority which, in the light of the information that they possess, appear to be irregular, that is to say, transactions which are not of a type usually carried out in the account. Below are some example. The withdrawal of money or securities soon after they were deposited, other than within the framework of normal business activity and for no apparent reason; Unusually frequent use of a safe deposit box by a number of persons, for no apparent reason; Activity in an account, which appears to have been carried out in order to avoid automatic reporting by the size of the transaction, such as a series of deposits /withdrawals, in amount slightly lower than those set out in the automatic reporting requirement It appears to the bank that the account holder is operating the account on behalf of another person without declaring this; An unusual volume of activity in the account or a significant change in the balance in the account, for no apparent reason. The decision to report a transaction as unusual is not taken lightly and is made by specially authorized persons in the bank. The Law require the banks to appoint a member of staff as compliance officer,who will be responsible for the implementation of the Law. Among the compliance officer s duties is the task of compiling all the procedures for checking and clarifying, as to

whether or not particular transactions must be reported. Will information transferred to the Authority remain confidential? Yes. According to the Law, all information transferred to the Authority is classified and may not be accessed by unauthorized people. Information held by the Authority may only be transferred in accordance with the requirements of the Law for the purposes of an investigation into money laundering offence or to further the security of the country or as part of the war against terror organizations. Will a bank inform the customer when it sends a report to the Authority about the customer s transactions? No. The Law specifically prohibits the banks from informing the customer of the submission by the bank of an Unusual Transaction Report concerning the customers banking activity. Report by Size of Transaction are created automatically in relation to transactions in excess of certain amounts and customers may enquire as to what type of transactions and what amounts are required to be reported. Does the Law contradict the principles of privacy and banking confidentiality? As with other law,the legislator must find a balance between differing priorities and value,in this case between privacy and banking confidentiality on one hand and the struggle against money laundering and crime on the other. The legislator, who was aware of the possible conflict between these goals has attempted to balance them.therefore,information is passed to the Authority which operates within the Ministry of Justice and not directly to the police as is the case in other countries. The banks in Israel are helping in the struggle against money laundering to the best of their abilities. We hope that the benefit of the Law will outweigh any loss of privacy, should such be caused, and we trust that all our customers will show understanding for the requirements of the Law. (The full text of Prohibition on Money Laundering The Banking Corporations Requirement regarding Identification, Reporting, and Record-Keeping Order,5761 2000,may be found on the internet sites of certain of the bank ). Information for Customers

What is money laundering and why are we fighting it? The term money laundering refer to activities aimed at disguising the criminal sources of money, especially by depositing it into the financial system, in order that after a series of transactions among various accounts it will be treated as legitimate. Money laundering is carried out in order to hide both the criminal source of such money and property and the identities of its owners. Improvements in the world financial system and the increasing ease with which funds may be moved internationally, have also made it easier for those who wish to launder money. Money from the sale of drugs, illegal arms sale,the sale of women and children or the taking of protection money can find its way into bank accounts spread throughout the world. The methods are nearly always the same: the depositing of money (usually cash)by disguising its source and the identities of it owner.next various apparently innocent financial transactions are carried out: currency exchange,purchase of financial instrument,transfers to other banks and other countries.after the original source of the money has become unclear the money looks clean and legitimate. It is integrated into the economic system and does not raise any suspicion. Crime fighting authorities in many countries the United States, Canada, the United Kingdom, the countries of Europe, Australia, Japan and others reached the conclusion that blocking the ability of criminals to launder their money is an important factor in the struggle against terror organizations, drugs related crime and organized crime. In order to achieve this goal many countries agreed that a set of international standards, as well as legislation, were required, to promote cooperation between government,law enforcement agencies and financial institutions. The first international treaty on cooperation against money laundering was signed at the end of the 1980s.Since then an international task force based in Paris has been coordinating cooperation in this field. Israel has fully joined the struggle against money laundering, under the guidance of the Bank of Israel. There are many ways to launder money and prevention is not easy. However, since money laundering has the potential to undermine the stability of the political, social and economic systems in democratic countries and, no less important, to put lives at risk,

the fight against money laundering is a worthy and important cause. the information contained herein is for explanatory purposes only and may not be relied on to determine legal rights and obligations. WHAT IS MONEY LAUNDERING AND WHY ARE WE FIGHTING IT? WHAT DOES THE ISRAELI PROHIBITION OF MONEY LAUNDERING LAW SAY??