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Understanding Money Laundering Laws

The document discusses money laundering and anti-money laundering laws. It defines money laundering as disguising illegally obtained money to make it appear legitimate. The process involves three stages: placement, layering, and integration. International laws and conventions like the UN Vienna Convention and Palermo Convention require countries to criminalize money laundering. The FATF issues recommendations to combat money laundering and terrorist financing. Nepal has passed its own Money Laundering Prevention Act and Rules to comply with international standards and regulate its financial system.

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0% found this document useful (0 votes)
101 views4 pages

Understanding Money Laundering Laws

The document discusses money laundering and anti-money laundering laws. It defines money laundering as disguising illegally obtained money to make it appear legitimate. The process involves three stages: placement, layering, and integration. International laws and conventions like the UN Vienna Convention and Palermo Convention require countries to criminalize money laundering. The FATF issues recommendations to combat money laundering and terrorist financing. Nepal has passed its own Money Laundering Prevention Act and Rules to comply with international standards and regulate its financial system.

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yashaswisharma68
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We take content rights seriously. If you suspect this is your content, claim it here.
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Money- Laundering & Anti Money Laundering Laws

I. Definition
Money- Laundering: Money laundering is frequently termed as “Turning of dirty
money into clean money”1. Money laundering is the process of washing; concealing,
cleaning, converting, criminally earned proceed into legal form by making its source
appear to be from legitimate and legal transactions. In other words, it is a process by
which illegally obtained, earned, received money is transformed into white money. It
decorates the illegal proceed with the veil of legitimate source. Generally, the sources
of money laundered are believed to be trafficking, drugs dealing, bribery and
corruption, smuggling of gold, economic scam, organized crime, tax evasion,
trafficking of women and children, credit card frauds, counterfeiting of goods and
currencies and so on.
Three common factors identified in laundering operations are; the need to conceal
the origin and true ownership of the proceeds; the need to maintain control of
the proceeds; the need to change the form of the proceeds in order to shrink the huge
volumes of cash generated by the initial criminal activity. Money-laundering is a
dynamic three-stage process that requires:
A) Placement
B) Layering
C) Integration
A) Placement
Placement is the first phase that consists of introducing the funds gained from criminal
activities into the banking and financial system. This phase has become more and more risky
to the criminals due to the heightened attention given these movements of cash by law
enforcement agencies and legal requirement for banks to report suspicious transactions.2
During the placement stage, the hard currency generated from the sale of drugs, illegal
firearms, prostitution or human trafficking etc needs to be disposed of, and is deposited in an
institution or business. Expensive property or assets may also be bought.

1
Shyam Prasad Mainali, 'Money Laundering Problems, Their implications and Government Efforts in the
Nepalese Context', (2004) Prasasan vol.98,no.1,Ministry of Public Administration, p-123

2
Hari Kumar Nepal, Money Laundering, Financing of Terrorism and International Efforts (2009), year 7,
vol.13, Business Law Journal, Kathmandu.p- 66
B) Layering

The purpose of this stage is to make it more difficult to detect and uncover a laundering
activity. It is meant to make the trailing of illegal proceeds difficult for the law enforcement
agencies. The known methods are:

1. Cash converted into Monetary Instruments – Once the placement is successful within
the financial system by way of a bank or financial institution, the proceeds can then be
converted into monetary instruments. This involves the use of banker’s drafts and
money orders.
2. Material assets bought with cash then sold – Assets that are bought through illicit
funds can be resold locally or abroad and in such a case the assets become more
difficult to trace and thus seize

C) Integration

1. Property Dealing – The sale of property to integrate laundered money back into the
economy is a common practice amongst criminals. For instance, many criminal
groups use shell companies to buy property; hence proceeds from the sale would be
considered legitimate.
2. Front Companies and False Loans – Front companies that are incorporated in
countries with corporate secrecy laws, in which criminals lend themselves their own
laundered proceeds in an apparently legitimate transaction.
3. Foreign Bank Complicity – Money laundering using known foreign banks represents a
higher order of sophistication and presents a very difficult target for law enforcement..
4. False Import/Export Invoices – The use of false invoices by import/export companies
has proven to be a very effective way of integrating illicit proceeds back into the
economy. This involves the overvaluation of entry documents to justify the funds later
deposited in domestic banks and/or the value of funds received from exports

II. Anti Money Laundering and Controlling Mechanism


1. International laws
The United Nations Convention against the Illicit Traffic in Narcotic
Drugs and Psychotropic substances 1988 (The Vienna Convention)
a. The UN Convention against Illicit in Narcotic Drugs and Psychotropic Substances was
adopted in December 1988 in Vienna. The conventions came into effect in November 1990
and contained strict obligations on those countries that become parties to it. It was the first
International mechanism to address the issue of proceeds of crime and to require states to
establish money laundering as a criminal offence. It provides first legal definition of money
laundering, is the historical starting point of international strategy to combat drug trafficking
and large financial profits and wealth generated from such illicit drug trafficking globally, for
the first time in the world. Nepal is a member since 24 July 1991.
This convention gave powerful boost and set a new standard for anti-money laundering
efforts by governments. It has 34 Articles. The main purpose of this convention is to
promote Co-operations, mutual legal assistance in investigation, prosecution and judicial
proceeding to the criminal offences among the parties. The scope of the convention was
restricted to drug related money laundering. This convention provided a significant step
forward in the international fight against money laundering.
Thus the convention provides that states who are party to the agreement must facilitate the
identification, tracing, seizure and forfeiture of the proceeds of drug trafficking and money
laundering such facilitation would include mutual legal assistance on all aspects of
investigation, prosecution and judicial proceeding.

b. The United Nations Convention against Transnational Organized Crime Palermo


Convention, 2000
States to create a comprehensive domestic supervisory and regulatory regime for banks and
non-bank financial institutions, including natural and legal persons, as well as any entities
particularly susceptible to being involved in a money-laundering scheme.

c. The FATF Recommendations


The Financial Action Task Force (on Money Laundering) (FATF), is an intergovernmental
organization founded in 1989 on the initiative of the G73 to develop policies to
combat money laundering. In 2001 its mandate expanded to include terrorism financing. It
monitors progress in implementing the FATF Recommendations through "peer reviews"
("mutual evaluations") of member countries. The FATF Secretariat is housed at

3
The Group of Seven (G7) is a group consisting of Canada, France, Germany, Italy, Japan, the United
Kingdom, and the United States.
the OECD headquarters in [Link] FATF Recommendations are the internationally
endorsed global standards against money laundering and terrorist financing: they increase
transparency and enable countries to successfully take action against illicit use of their
financial system.

[Link] Laws
a. Money (Asset) Laundering Prevention Act 2064 (2008)
b. Asset (Money) Laundering Prevention Rules, 2009
c. Nepal Rastra Bank Act 2002,
d. Corruption Control Act 2002
e. Revenue Pilfers Control Act 1996,
f. Narcotic Drugs Control Act 1976
g. Foreign Exchange (Regulation) Act 1962,

Common questions

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International conventions such as the United Nations Convention against the Illicit Traffic in Narcotic Drugs and Psychotropic substances (The Vienna Convention) provide a legal framework requiring member states to criminalize money laundering and facilitate cooperation in investigations and prosecutions . The Financial Action Task Force (FATF) also plays a critical role by setting global standards through its recommendations, assessing adherence via peer reviews, and expanding its mandate to include combating financing of terrorism, thus ensuring a comprehensive approach . These efforts standardize anti-money laundering policies globally, enhance transparency, and increase the ability of nations to take effective action against financial crimes.

In the integration stage of money laundering, property dealings and shell companies are critical tools that criminals use to reintegrate illicit funds into the legitimate economy. Criminals often buy properties through shell companies, making the proceeds from their sale appear legitimate . Shell companies obscure the true ownership of assets, allowing criminals to disguise the origin of the laundered money. This practice makes it difficult for law enforcement to link the proceeds to criminal activities, as paper trails often lead to seemingly legitimate transactions.

Money laundering consists of three main stages: Placement, Layering, and Integration. During the Placement stage, illegal funds are introduced into the financial system, often by breaking up large amounts of cash into smaller, less suspicious amounts and depositing them into various accounts . The Layering stage involves complex financial transactions that aim to obscure the origin of the illicit funds, making it difficult for law enforcement to trace them back to their criminal source. Methods include converting cash into monetary instruments or buying and selling material assets . Finally, the Integration stage involves making the 'cleaned' money re-enter the legitimate economy, often through investments in legitimate businesses or real estate, making the money appear as if it was earned legally .

The Financial Action Task Force (FATF) enhances international cooperation by developing global standards—the FATF Recommendations—for combating money laundering and terrorism financing . It ensures adherence through peer reviews known as mutual evaluations, assessing the implementation of these standards by member countries . By setting these global standards and monitoring compliance, FATF promotes a coordinated international response. Additionally, by expanding its mandate to include terrorism financing, FATF facilitates comprehensive efforts to protect the integrity of the financial system globally.

The use of overvalued import/export invoices is a technique employed to disguise illicit money as legitimate business revenues. By inflating the value of an invoice, import/export companies can justify the receipt of substantial funds, which are then deposited in domestic banks or attributed to export earnings . This tactic complicates investigations, as such transactions can appear as typical business practices, thus masking the true origin of illicit funds.

Front companies and false loans complicate law enforcement efforts by creating layers of legitimate-appearing business activities under which illicit activities are concealed. Front companies often exist in jurisdictions with strong corporate secrecy laws, making it difficult to obtain financial records. Criminals use these companies to lend themselves illicit funds in a transaction that appears legitimate, thus effectively disguising the true source and ownership of the money . This tactic blurs the lines between legal and illegal financial activities, thereby increasing the difficulty for law enforcement agencies in detecting and proving the illegal origins of the money.

Layering techniques in money laundering are designed to confuse and complicate the trail of illicit money, thus evading detection by law enforcement. By converting cash into monetary instruments or purchasing and reselling material assets, criminals create complex layers of financial transactions that obscure the origins and true ownership of the proceeds . These techniques are deliberate obfuscations that make it challenging for authorities to trace the money back to its criminal source, thereby making unlawful profits appear legitimate.

Since its inception in 1989, the mandate of the Financial Action Task Force (FATF) has expanded significantly, initially focusing on money laundering and later, post-2001, including the financing of terrorism . This evolution reflects an understanding of the interconnected nature of financial crimes and leads to more comprehensive policies and standards. By addressing multiple aspects of illicit financial activities, FATF enhances global efforts to safeguard financial systems, improves international cooperation, and provides member countries with robust frameworks to effectively combat a wider range of financial crimes.

In the placement stage of money laundering, banks face the challenge of identifying and reporting suspicious transactions involving large amounts of cash, which are often disguised as legitimate deposits to evade detection . Regulations address these challenges by requiring banks to implement stringent know-your-customer (KYC) practices, adhere to reporting obligations for suspicious activities, and maintain records for potential audits and investigations . These measures intend to reduce the risk banks face in unwittingly facilitating money laundering operations.

Nepal has enacted several legislative measures to combat money laundering, including the Money (Asset) Laundering Prevention Act 2064 (2008), Asset (Money) Laundering Prevention Rules, 2009, and the Nepal Rastra Bank Act 2002 . These laws align with international standards by incorporating measures to criminalize money laundering, establish supervisory and regulatory regimes for financial institutions, and establish frameworks for cooperation in tracing, seizing, and confiscating criminal proceeds. These regulations are consistent with the requirements of international conventions and recommendations by organizations such as FATF.

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