Malaysia established various entities and frameworks to combat money laundering, including establishing a Financial Intelligence Unit (FIU) in Bank Negara Malaysia in 2001. When establishing the FIU, key issues that had to be addressed included building stakeholder confidence, ensuring reporting institution compliance, and developing expertise. Resolutions involved guidelines, training, and establishing legal and regulatory frameworks. The FIU works with domestic partners and international organizations to analyze financial intelligence and support law enforcement consistent with international standards. Ongoing challenges include organizational effectiveness and timely response to money laundering trends.
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Malaysian FIU
1. 1
Malaysian FIU –Malaysian FIU –
Establishing an FIU, Issues and Resolutions
By:
Datuk Zamani Abdul Ghani
Deputy Governor
Bank Negara Malaysia
30 March 200530 March 2005
International Seminar on Anti-Money LaunderingInternational Seminar on Anti-Money Laundering
2. 2
OverviewOverviewEstablishing an FIU
AMLA
National Coordination Committee to Counter Money
Laundering
FIU in Bank Negara Malaysia
Background
Mission
Organisational Structure
Core partners of the FIU
Issues and Resolutions
Building Stakeholders’ Confidence
Building Reporting Institutions’ Confidence in the FIU
Ensuring Compliance among Reporting Institutions
Building Expertise among Stakeholders
Compliance with International Standards
Challenges
3. FIU- Malaysian3
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 lawDecember 2003
4. FIU- Malaysian4
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- Malaysian5
NCC Members
Anti-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 NegaraBank Negara
MalaysiaMalaysia
Ministry of Finance
Ministry of Foreign
Affairs
Ministry of Internal
Security
Royal Malaysian
Customs
Royal Malaysian
Police
Securities
Commission
6. FIU- Malaysian6
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- Malaysian7
Powers accorded by AMLA
To receive suspicious transaction reports
and analyse information
Share financial intelligence with
enforcement agencies
To compile statistics and records
pertaining to compliance with AMLA
Make recommendations to the relevant
supervisory authorities, enforcement
agencies and reporting institutions
Create training requirements and provide
training for reporting institutions
8. FIU- Malaysian8
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.
10. FIU- Malaysian10
Core functions
To 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- Malaysian11
Core partners of the FIU
SUPERVISORY &SUPERVISORY &
REGULATORY AGENCIESREGULATORY AGENCIES
• Bank Negara Malaysia
• Securities Commission
• Labuan Offshore Financial Services
Authority
• Companies Commission of Malaysia
REPORTING INSTITUTIONSREPORTING INSTITUTIONS
w.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 AGENCIESENFORCEMENT AGENCIES
• 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-REGULATORYSELF-REGULATORY
ORGANISATIONSORGANISATIONS
13. FIU- Malaysian13
Issue and Resolutions
Issue: Building stakeholders’ confidence
Resolutions:
Regular consultation with the relevant
supervisory and regulatory authorities
Agreement sought on the
implementation strategies
Guidelines on AML/CFT issued by
relevant regulatory and self-regulatory
authorities
AMLA briefing sessions
Adequate manpower in the FIU
14. FIU- Malaysian14
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- Malaysian15
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
17. FIU- Malaysian17
Inward Transfer
BANK A
BERHAD
BANK Z OVERSEAS
FIU Bank Negara
Malaysia
MR. JOHN DOE
MR. RUDY FIASCO
ROYAL MALAYSIAN
POLICE
BANK B
BERHAD
BANK C
BERHAD
MR. JOHN DOE
MR. JOHNNY DOE
MR. JOHNNY DOE
ARRESTED
BANK Y OVERSEAS
MR. RUDY FIASCO
Outward
Transfer
18. FIU- Malaysian18
Issues and Resolutions
Issue: Ensuring compliance among
reporting institutions
Resolutions: Establishing a comprehensive
legal framework that consists of:
regulatory/ supervisory
compliance
enforcement
21. FIU- Malaysian21
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- Malaysian22
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- Malaysian23
Building expertise
FIUFIU
ReportingReporting
InstitutionsInstitutions
SRAs, SROsSRAs, SROs
and LEAsand LEAs
• AwarenessAwareness
programmeprogramme
• Training inTraining in
collaboration withcollaboration with
training institutestraining institutes
• AwarenessAwareness
programmeprogramme
• Training inTraining in
collaboration withcollaboration with
training institutestraining institutes
and internationaland international
bodiesbodies
ExternalExternalInternalInternal
• Specialised trainingSpecialised training
programmesprogrammes
• Training inTraining in
collaboration withcollaboration with
international bodiesinternational bodies
International Orgns.International Orgns.
(ASEM,APG)(ASEM,APG)
24. FIU- Malaysian24
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