{"id":2680,"date":"2024-02-09T11:50:57","date_gmt":"2024-02-09T03:50:57","guid":{"rendered":"https:\/\/edon.asia\/?page_id=2680"},"modified":"2026-04-25T15:31:41","modified_gmt":"2026-04-25T07:31:41","slug":"amlglossary","status":"publish","type":"page","link":"https:\/\/edon.asia\/en\/amlglossary\/","title":{"rendered":"AML Glossary"},"content":{"rendered":"
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\n\t\t\t\t\t\t\t\t\t\t\tAML Glossary<\/span>\n\t\t\t\t\t\t\t\t\t\t\n\t\t\t\t\t\t\t\t\t\t\tThis glossary brings together the essential terminology of antimoney laundering and counterterrorist financing (AML\/CFT) \u2014 from foundational concepts to regulatory roles and due diligence requirements. Compiled with reference to Hong Kong\u2019s statutory framework and international standards, it serves as a practical reference for compliance professionals, financial institutions, and designated nonfinancial businesses and professions.<\/span>\n\t\t\t\t\t\t\t\t\t\t<\/h2>\n\t\t\t\t<\/div>\n\t\t\t\t\n\t\t\t\t\t\t\t\t\t
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\n\t\t\t\t\t\n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n
No.<\/th>\n Term<\/th>\n Description<\/th>\n <\/tr>\n <\/thead>\n
1<\/td>\n The basic requirements for anti-money laundering and countering the financing of terrorism<\/td>\n The requirements for conducting customer due diligence and record-keeping.<\/td>\n <\/tr>\n\n
2<\/td>\n The industries subject to anti-money laundering and counter-terrorist financing regulation<\/td>\n (1) Specifying financial institutions,
(2) Specifying non-financial enterprises and professionals,
(3) Industries specified by the regulatory authorities<\/td>\n <\/tr>\n\n
3<\/td>\n Money Laundering \/ ML<\/td>\n The intended behavior to achieve the following effect: Any property (including the whole or any part thereof, directly or indirectly) that is the proceeds of an offence punishable on conviction by imprisonment.<\/td>\n <\/tr>\n\n
4<\/td>\n 3 common stages of money laundering<\/td>\n \n (a) Placement:
\n Disposing of cash proceeds from illegal activities in a physical manner.

\n (b) Layering:
\n Through complex multi-layered financial transactions, separate the illegal proceeds and their source, in order to conceal the origin of the funds, obfuscate the audit trail, and hide the identity of the owner.

\n (c) Integration:
\n Creating an appearance of legitimacy for wealth derived from criminal activities. When the layering process is successful, the integration stage actually channels the laundered proceeds back into the normal financial system, making it appear as if the relevant gains are from or involve legitimate business activities.\n <\/td>\n <\/tr>\n\n
5<\/td>\n Terrorist Financing \/ TF<\/td>\n \n This term refers to:
\n (a) Directly or indirectly providing or collecting property by any means in the following circumstances:
\n (i) With the intention that the property, in whole or in part, be used to commit one or more terrorist acts (whether or not the property is actually used for such purpose); or
\n (ii) Knowing that the property, in whole or in part, will be used to commit one or more terrorist acts (whether or not the property is actually used for such purpose);
\n (b) Knowingly that a person is a terrorist or is associated with terrorists, or being reckless as to whether a person is a terrorist or is associated with terrorists, engaging in the following acts: directly or indirectly providing any property or financial (or related) services to that person by any means, or directly or indirectly providing such property or services for the benefit of that person by any means; or
\n (c) Knowingly that a person is a terrorist or is associated with terrorists, or being reckless as to whether a person is a terrorist or is associated with terrorists, engaging in the following acts: directly or indirectly collecting property or seeking financial (or related) services for the benefit of that person by any means.\n <\/td>\n <\/tr>\n\n
6<\/td>\n Proliferation Financing \/ PF<\/td>\n Directly or indirectly providing any funds, or other financial assets, or economic resources, or directly or indirectly providing any funds, or other financial assets, or economic resources for the benefit of such individuals or entities; or dealing with any funds, or other financial assets, or economic resources belonging to or owned or controlled by such individuals or entities.<\/td>\n <\/tr>\n\n
7<\/td>\n (FATF)<\/td>\n A transnational governmental organization established in 1989; dedicated to formulating international standard-setting recommendations and promoting the implementation of measures to combat money laundering, terrorist financing, proliferation financing, and other related threats affecting the integrity of the international financial system.<\/td>\n <\/tr>\n\n
8<\/td>\n The main legislation related to money laundering, terrorist financing, proliferation financing, and financial sanctions is the Anti-Money Laundering Ordinance (applicable in Hong Kong).<\/td>\n \n ➤ The Anti-Money Laundering and Counter-Terrorist Financing Ordinance (Chapter 615)
\n ➤ Drug Trafficking (Recovery of Proceeds) Ordinance (Chapter 405)
\n ➤ The Organized and Serious Crimes Ordinance (Chapter 455)
\n ➤ United Nations (Anti-Terrorism Measures) Ordinance (Cap. 575)
\n ➤ United Nations Sanctions Ordinance (Cap. 537)
\n ➤ Weapons of Mass Destruction (Control of Provision of Services) Ordinance (Chapter 526)\n <\/td>\n <\/tr>\n\n
9<\/td>\n Risk-based<\/td>\n The risk-based approach is a key to effectively implementing the anti-money laundering\/counter-terrorist financing (AML\/CTF) regime. It is expected that jurisdictions, competent authorities, and financial institutions will identify, assess, and understand the money laundering\/terrorist financing risks they face, and then take AML\/CTF measures that are commensurate with the relevant risks, in order to effectively manage and mitigate the risks.<\/td>\n <\/tr>\n\n
10<\/td>\n Institutional-level money laundering \/ terrorist financing risk assessment<\/td>\n \n It forms the basis of a risk-based approach, allowing financial institutions to understand:
\n (a) Their customers
\n (b) The locations or jurisdictions of their customers
\n (c) The locations and products\/services of the financial institution
\n (d) The financing risks of the services, transactions and delivery channels,
\n in order to understand how they are impacted by and to what extent they are impacted by money laundering\/terrorist financing\n <\/td>\n <\/tr>\n\n
11<\/td>\n The main factors in the institutional-level money laundering \/ terrorist financing risk assessment<\/td>\n \n (a) Customer risk factors
\n e.g. the target markets and customer types of financial institutions; the number and proportion of high-risk customers

\n (b) Country\/geographic risk factors
\n e.g. countries or jurisdictions that are identified through credible sources as having significant levels of corruption or organized crime activity and\/or have not established effective AML\/CFT systems

\n (c) Product, service, transaction or delivery channel risk factors
\n e.g. the nature, scale, diversity and complexity of the financial institution's business; the characteristics of the products provided and their associated money laundering\/terrorist financing risks; transaction volumes and sizes; delivery channels, including the financial institution's direct interaction with customers, reliance on or allowance of third parties to perform customer due diligence, use of technology, and the money laundering\/terrorist financing risks associated with these channels

\n (d) Other risk factors
\n e.g. the nature, scale and quality of the available resources for managing money laundering\/terrorist financing risks, compliance and regulatory findings, and the results of internal or external audits\n <\/td>\n <\/tr>\n\n
12<\/td>\n The functions of the compliance officer (Compliance Office \/ CO)<\/td>\n \n As the central point of a financial institution, the compliance officer is responsible for overseeing, preventing and detecting money laundering\/terrorist financing activities, and providing support and guidance to senior management to ensure proper identification, understanding and management of money laundering\/terrorist financing risks.

\n The compliance officer is especially responsible for:
\n (a) Formulating and\/or continuously reviewing the financial institution's anti-money laundering\/combating the financing of terrorism system, to ensure the system reflects the current situation and complies with statutory and regulatory requirements, and can effectively manage the money laundering\/terrorist financing risks arising from the institution's business
\n (b) Comprehensively overseeing the financial institution's anti-money laundering\/combating the financing of terrorism system, including monitoring its effectiveness and implementing stricter controls and procedures when necessary
\n (c) Communicating with senior management on key issues related to anti-money laundering\/combating the financing of terrorism, including (where applicable) significant compliance deficiencies
\n (d) Ensuring that the staff training on anti-money laundering\/combating the financing of terrorism is sufficient, appropriate and effective\n <\/td>\n <\/tr>\n\n
13<\/td>\n The functions of the Money Laundering Responsible Officer (MLRO)<\/td>\n \n As the central point of contact for reporting suspicious transactions, and the primary point of contact with the Joint Financial Intelligence Unit and law enforcement agencies.

\n The Money Laundering Responsible Officer (MLRO) is especially responsible for:
\n (a) Reviewing internal disclosures and exception reports, and deciding whether to make a report to the Joint Financial Intelligence Unit based on all information known
\n (b) Maintaining all records of such internal reviews
\n (c) Providing guidance on how to avoid \"tipping off\"\n <\/td>\n <\/tr>\n\n
14<\/td>\n Audit Function<\/td>\n \n These functions should enable the MLRO to communicate directly with the senior management of the financial institution; and the MLRO should have sufficient expertise and resources to perform their duties, including conducting independent reviews of the financial institution's anti-money laundering\/combating the financing of terrorism systems.

\n The scope of the review includes, but is not limited to:
\n (a) Assessing the appropriateness of the financial institution's anti-money laundering\/combating the financing of terrorism systems, money laundering\/terrorist financing risk assessment framework, and the application of a risk-based approach
\n (b) Evaluating the effectiveness of the system for reporting suspicious transactions
\n (c) Assessing the effectiveness of the compliance function
\n (d) Evaluating the staff's level of awareness regarding anti-money laundering\/combating the financing of terrorism responsibilities\n <\/td>\n <\/tr>\n\n
15<\/td>\n Clients<\/td>\n The persons who establish a business relationship or conduct transactions with the financial institution<\/td>\n <\/tr>\n\n
16<\/td>\n Natural persons<\/td>\n Clients are individuals, not units (not companies, institutions, associations or groups)<\/td>\n <\/tr>\n\n
17<\/td>\n Legal person or entity<\/td>\n Any entity, other than a natural person, that is able to establish a permanent customer relationship with a financial institution and can independently enjoy civil rights and assume civil obligations, including companies, institutions, associations, or groups<\/td>\n <\/tr>\n\n
18<\/td>\n Business relationship<\/td>\n \n A business, professional or commercial relationship that meets the following descriptions:
\n (a) Continuity over a period of time is an element of the relationship; or
\n (b) At the time the person first contacts the financial institution as a prospective customer, the financial institution expects continuity over a period of time to be an element of the relationship.\n <\/td>\n <\/tr>\n\n
19<\/td>\n CDD measure<\/td>\n \n The following are the customer due diligence measures applicable to financial institutions:
\n (a) Identifying and verifying the customer's identity using reliable and independent sources of documents, data or information
\n (b) If the customer has a beneficial owner, identifying and taking reasonable measures to verify the identity of the beneficial owner, such that the financial institution is satisfied that it knows who the beneficial owner is; for a customer that is a legal person or trust, such measures include those that enable the financial institution to understand the ownership and control structure of the legal person or trust
\n (c) Obtaining information on the purpose and intended nature of the business relationship (if any), unless the purpose and intended nature are obvious, and
\n (d) If a person appears to be acting on behalf of the customer:
\n (i) Identifying the person's identity and taking reasonable measures to verify the identity of that person based on reliable and independent sources of documents, data or information; and
\n (ii) Verifying the authority of that person to act on behalf of the customer\n <\/td>\n <\/tr>\n\n
20<\/td>\n SDD<\/td>\n After determining that the money laundering and terrorist financing risk of a business relationship or transaction is low, the financial institution can reduce the diligence and frequency of verifying customer information and the level of ongoing monitoring of transactions<\/td>\n <\/tr>\n\n
21<\/td>\n EDD<\/td>\n \n For example:
\n • Obtain additional information from the customer (including the purpose of the business relationship, the rationale for transactions, the source of wealth and funds)
\n • Update customer and beneficial owner identification data more frequently and regularly
\n • Require that the first payment made is through an account in the customer's name opened with a bank that is subject to similar customer due diligence standards\n <\/td>\n <\/tr>\n\n
22<\/td>\n Identifying and verifying customer identity<\/td>\n \n Financial institutions should refer to documents, data or information provided by the following reliable and independent sources to identify and verify the identity of customers:
\n (a) Government authorities
\n (b) Any other reliable and independent sources approved by government authorities\n <\/td>\n <\/tr>\n\n
23<\/td>\n At a minimum, the identification information that should be collected to identify the customer<\/td>\n \n For customers who are natural persons:
\n (a) Full name
\n (b) Date of birth
\n (c) Nationality; and (d) Unique identification number (such as identity card or passport number) and the type of document.

\n For customers who are legal entities:
\n (a) Full name
\n (b) The date of registration, incorporation or establishment
\n (c) The place of registration, incorporation or establishment (including the registered office address)
\n (d) Unique identification number (such as registration number or business registration number) and the type of document; and
\n (e) The principal place of business (if different from the registered office address)\n <\/td>\n <\/tr>\n\n
24<\/td>\n The documents, data or information provided by reliable and independent sources<\/td>\n \n For customers who are natural persons:
\n (a) Identity card;
\n (b) Valid travel document (such as an unexpired passport); or
\n (c) Other relevant documents, data or information provided by other reliable and independent sources (such as documents issued by government authorities).
\n (d) Residential address information

\n For customers who are legal entities:
\n (a) Certificate of company registration
\n (b) Records from an independent company registry
\n (c) Certificate of incumbency
\n (d) Certificate of good standing
\n (e) Registration records
\n (f) Partnership agreement or deed
\n (g) Constitutional documents
\n (h) Other relevant documents, data or information provided by other reliable and independent sources (such as documents issued by government authorities)\n <\/td>\n <\/tr>\n\n
25<\/td>\n Connected persons<\/td>\n \n For customers that are legal persons, trusts or other similar legal arrangements, the connected persons include:
\n (a) For a corporation, the directors of the customer;
\n (b) For a partnership, the partners of the customer;
\n (c) For a trust or other similar legal arrangement, the trustees (or persons in equivalent positions); and
\n (d) For cases other than the above three, any natural person who holds a senior management position or exercises control over the customer\n <\/td>\n <\/tr>\n\n
26<\/td>\n Ultimate Beneficial Owner \/ UBO<\/td>\n \n Beneficial owners are typically the natural persons who ultimately own, control the customer, or on whose behalf a transaction or activity is being conducted. Financial institutions must identify all the beneficial owners of their customers and take reasonable measures to verify the identity of the beneficial owners, so that the financial institution is satisfied that it knows who the beneficial owners are.

\n Beneficial owner for natural person:
\n For customers who are natural persons, the financial institution does not need to actively seek out the beneficial owner of the customer. However, if there are any indications that the customer is not acting on their own behalf, the financial institution must make appropriate inquiries.

\n Beneficial owner for corporate:
\n (i) Individuals who meet the following descriptions:
\n (a) Directly or indirectly owns or controls (including through trusts or bearer share holdings) more than 25% of the issued share capital of the corporation
\n (b) Directly or indirectly is entitled to exercise or control the exercise of more than 25% of the voting rights in the general meetings of the corporation; or
\n (c) Exercises ultimate control over the management of the corporation; or
\n (ii) If the corporation is acting on behalf of another person, that other person

\n Beneficial owner for partnership:
\n (i) Individuals who meet the following descriptions:
\n (a) Directly or indirectly entitled to or controls more than 25% of the capital or profits of the partnership;
\n (b) Directly or indirectly entitled to exercise or control the exercise of more than 25% of the voting rights in the partnership; or
\n (c) Exercises ultimate control over the management of the partnership; or
\n (ii) If the partnership is acting on behalf of another person, that other person.

\n Beneficial owners for trust or other similar legal arrangements:
\n (i) Any individual who is entitled to a vested interest of more than 25% in the capital of the trust property, whether the interest is in possession, remainder or reversion, and whether it is defeasible or not;
\n (ii) The settlor of the trust;
\n (iii) The protector or enforcer of the trust; or
\n (iv) An individual who has ultimate control over the trust\n <\/td>\n <\/tr>\n\n
27<\/td>\n Political Exposed Person \/ PEP<\/td>\n \n (a) Individuals who are or have been entrusted with prominent public functions:
\n (i) Including heads of state or government, senior politicians, senior government, judicial or military officials, senior executives of state-owned enterprises, and important political party officials;
\n (ii) But does not include middle or more junior officials of the categories mentioned in sub-paragraph (i);
\n (b) Immediate family members or close associates of the individuals mentioned in paragraph (a) above, which includes spouses, partners, children, parents, or children's spouses or partners;
\n (c) Individuals who are known to be close associates of the individuals mentioned in paragraph (a)\n <\/td>\n <\/tr>\n\n
28<\/td>\n Intermediary<\/td>\n \n (a) In conducting customer due diligence, intermediaries are third parties that perform due diligence measures on behalf of financial institutions. Intermediaries establish business relationships with customers and carry out due diligence measures in their own way, independent of the financial institution, but the ultimate responsibility still lies with the financial institution
\n (b) Examples include: Other financial institutions, Accountants, Real estate agents, Lawyers, Licensed trust or company service providers (TCSPs)\n <\/td>\n <\/tr>\n\n
29<\/td>\n Ongoing Monitoring<\/td>\n Financial institutions conduct ongoing customer due diligence to ensure that customer data and information continue to reflect the current situation and remain relevant, and monitor transactions to maintain awareness of the customer's business\/risk profile and source of funds, and to identify any unusual transactions<\/td>\n <\/tr>\n\n
30<\/td>\n United Nations<\/td>\n The United Nations is an international organization composed of sovereign states and intergovernmental organizations, committed to promoting cooperation among countries on various international issues and maintaining world peace<\/td>\n <\/tr>\n\n
31<\/td>\n To be aware or know<\/td>\n \n This term refers to:

\n (a) Actual knowledge or awareness
\n (b) Constructive knowledge - a situation that a reasonable person would consider to be a fact
\n (c) Imputed knowledge - a situation that would cause a reasonable person to make inquiries\n <\/td>\n <\/tr>\n\n
32<\/td>\n Suspicion<\/td>\n The term refers to: Suspicion is more subjective. Suspicion is personal and lacks conclusive evidence to substantiate it. In the case of financial institutions, if a customer's transaction or series of transactions is inconsistent with the financial institution's understanding of the customer or is unusual (for example, the pattern of transactions has no apparent economic or legitimate purpose), the financial institution should take appropriate steps to further examine such transactions and identify if there are any grounds for suspicion.<\/td>\n <\/tr>\n\n
33<\/td>\n STR<\/td>\n Report any suspicion to the Joint Financial Intelligence Unit (or similar law enforcement agency) that the funds are: Derived from drug trafficking or other indictable offenses, Used in or connected to drug trafficking or other indictable offenses, and Belonging to a terrorist<\/td>\n <\/tr>\n\n
34<\/td>\n Indicators of Suspicious Transactions<\/td>\n Indicators of Suspicious Transactions are certain factors used to identify suspicious transactions or money laundering activities<\/td>\n <\/tr>\n\n
35<\/td>\n Tipping Off<\/td>\n Tipping off refers to disclosing to any person any information that is likely to prejudice an investigation, after a suspicion has been raised within a financial institution about property or a suspicious transaction report has been made<\/td>\n <\/tr>\n\n
36<\/td>\n SAFE<\/td>\n \n The four steps to identify suspicious transactions are:
\n ► Screen (Screening accounts to identify suspicious transactions)
\n ► Ask (Asking appropriate questions to the customer)
\n ► Find (Reviewing the customer's known records)
\n ► Evaluate (Evaluating whether the customer's transactions are suspicious based on the above information)\n <\/td>\n <\/tr>\n\n
37<\/td>\n JFIU (Applicable in Hong Kong)<\/td>\n \n (a) The Joint Financial Intelligence Unit is composed of officers from the Hong Kong Police Force and the Hong Kong Customs and Excise Department
\n (b) A government department established to combat money laundering and terrorist financing, responsible for managing Hong Kong's suspicious transaction reporting system. Its duties include receiving, analyzing and storing suspicious transaction reports, and forwarding them to the appropriate local or overseas law enforcement agencies or financial intelligence units worldwide for further action

\n Its responsibilities include:
\n Data analysis and intelligence development, International cooperation and training, and Strategic analysis and policy support\n <\/td>\n <\/tr>\n\n
38<\/td>\n Record Keeping<\/td>\n The maintenance of records is an important component of the audit trail, which can be used to detect, investigate and seize the property or funds of criminals or terrorists. Keeping records helps investigating authorities determine the financial status of suspects, trace the property or funds of criminals or terrorists, and assist the courts in examining all relevant past transactions to assess whether the property or funds are the proceeds of, or are connected to, criminal or terrorist activities<\/td>\n <\/tr>\n\n
39<\/td>\n Requirements for Record Keeping<\/td>\n \n All documents and records should be kept for at least 5 years from the date the relevant transaction is completed, regardless of whether the business relationship has been terminated within that period.

\n If the record contains documents, the following should be retained:
\n (i) The original documents, or
\n (ii) Copies of the documents stored on microfilm or in a computer database
\n If the record contains data or information, the record should be kept in the following manner:
\n (i) Microfilm, or
\n (ii) Stored in a computer database\n <\/td>\n <\/tr>\n\n
40<\/td>\n Fit and proper person<\/td>\n \n • The person has been determined by the regulatory authority as not having committed any offense related to terrorism, drug trafficking, money laundering, and terrorist financing
\n • The person has complied with the relevant regulatory requirements
\n • The person is not bankrupt
\n • The person is not in the process of being wound up\n <\/td>\n <\/tr>\n\n
41<\/td>\n Location for Storing Accounts and Records<\/td>\n The physical location used for storing the complete financial institution's transaction accounts and records<\/td>\n <\/tr>\n\n
42<\/td>\n Business Plan<\/td>\n A comprehensive overview of the business, including but not limited to the detailed operational model, organizational structure, target customers, staffing, and financial reporting of the company<\/td>\n <\/tr>\n\n
43<\/td>\n Anti-Money Laundering Policy<\/td>\n The policies, procedures, and control measures established by a financial institution in its relevant areas of operation, as well as the relevant statutory and regulatory requirements it complies with<\/td>\n <\/tr>\n <\/tbody>\n <\/table>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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