eDon Fintech Limited

Why adopt an anti-money laundering system?

Do you know that your industry is regulated by anti-money laundering authorities?

In Hong Kong and other regions, anti-money laundering regulations have been implemented across financial and non-financial industries.

東查查的主要功能

The following are the main industries and institutions under regulatory oversight:

Financial industry
Non-financial industry
Banks
Solicitors /Notary Public
SFC Licensed Corporations
Accountants/Auditors
Money Service Operators (MSOs)
Trust Companies
Insurance Companies
Trust or Company Service Provider (TCSPs)
Insurance agents/Brokerages
Money lenders/Credit institutions
Virtual Assets Service Providers (VASPs)/ Crypto-asset service providers
Dealers in Precious Metals and Stones (DPMS) ‒ Category B
Stored Value Facilities (SVFs) licensee
Casino and Gaming Operators
Art Market Participants
Estate Agents
Investment Funds/LPF/OFC
Fund Administrators

Legal Consequences

Institutions that fail to comply with anti-money laundering regulations may face serious legal consequences, including fines, license revocation, and even imprisonment. In Hong Kong, the maximum penalty can be a fine of HKD 1,000,000 and 7 years of imprisonment. Therefore, organizations in all industries should ensure they understand and implement appropriate anti-money laundering measures to avoid legal risks. This regulation is in place to prevent money laundering activities and protect the health and legitimacy of the industry.

Bank Case

A bank was investigated by the Hong Kong Monetary Authority for failing to develop and implement effective measures to comply with the Anti-Money Laundering and Counter-Terrorist Financing Ordinance. The investigation found that the bank had not properly reviewed the background and purpose of transactions for certain customers, and had not documented the review findings to continuously monitor the business relationship with these customers.

Specifically, the bank failed to record the names of the recipients when conducting multiple cross-border wire transfers, and did not include the names of the recipients in the relevant wire transfer information.

As a result, the bank was ultimately fined HKD 9 million.

Insurance Company Case

In the investigation by the insurance regulatory authority, a certain insurance company was found to have failed to determine if a customer was a politically exposed person before establishing a business relationship. Furthermore, after confirming that a customer was a politically exposed person, the company did not take appropriate measures to ascertain the source of funds or obtain senior management approval to continue the business relationship. Additionally, the company did not maintain effective procedures to assess business relationships that may pose a high risk of money laundering and terrorist financing when establishing such relationships. The company also failed to conduct at least annual reviews of customer documents, data, and information associated with potentially high money laundering and terrorist financing risks.

As a result of violating the Anti-Money Laundering and Counter-Terrorist Financing Ordinance, the insurance company was fined HKD 7 million.

VASPs
Case

A cryptocurrency service provider was charged by the U.S. Department of Justice, the U.S. Securities and Exchange Commission (SEC), and the Commodity Futures Trading Commission (CFTC) for violating U.S. anti-money laundering laws. The regulatory authorities imposed a $4.3 billion fine on the cryptocurrency service provider, froze the founder's assets in the U.S., and sentenced the founder to 4 months of imprisonment.

 

 

If the industry belongs to one that is subject to anti-money laundering regulations, what should be done?

    • Implement strict customer due diligence procedures to ensure the true identity and background of customers.
    • Collect and verify the customer's identity documents, understand their business model and risk profile.
    • Regularly update customer information.
    • Implement an effective transaction monitoring system to detect suspicious fund flows and transaction patterns.
    • Utilize automated tools and technology to identify unusual transaction behaviors, such as large cash transactions, frequent international fund transfers, etc.
    • Appoint compliance personnel to oversee and implement the relevant policies and procedures.
    • Provide employee training to enhance their awareness of anti-money laundering and counter-terrorist financing activities.
    • Regularly review customer information to ensure it is consistent with their actual activities. If the customer's transaction patterns suddenly change or do not match their stated business model, conduct further investigation.
    • Continuously monitor the customer's transaction activities, and detect any suspicious behaviors.
    • Establish an internal review mechanism to ensure the effectiveness and applicability of anti-money laundering measures.
    • Maintain the necessary records and documents for future regulatory reviews and investigations.

Certain regulated industries, such as SFC-licensed corporations, money service operators, money lenders/credit institutions, trust or company service providers, etc., are required to submit periodic reports to demonstrate the effectiveness of their anti-money laundering measures. These reports include risk assessment reports, employee training records, and audit reports.

How can Screen-X Anti-Money Laundering (AML) / Customer Management System help you comply with the regulatory requirements related to anti-money laundering?

  • Know Your Customer (KYC)

    1. Individual Account Opening
    2. Corporate Account Opening

  • Customer Due Diligence (CDD)

    1. AML Screening
    2. Analysis Results
    3. Enhanced Due Diligence (EDD)

  • Risk Assessment

    1. Country Risk
    2. Client Risk
    3. Product/Service/Transaction Risk
    4. Delivery/ Distribution Channel Risk

  • Ongoing Monitoring

    1. Ongoing screening
    2. Ongoing CDD

  • Record Keeping

    1. Encryption
    2. Cloud Storage
    3. Data Export

Screen-X AML/CRM system can help you:KYC, CDD, Screening,risk assessment, and on-going monitoringmatch data against global sanction and blacklist databases, providing financial institutions with accurate risk assessments and decision support. It also offers flexible configuration options, allowing you to customize the system based on the needs of clients from different regions and industries.

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