Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001

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Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001
MalaysianParliament.jpg
Parliament of Malaysia
  • An Act to provide for the offence of money laundering, the measures to be taken for the prevention of money laundering and terrorism financing offences and to provide for the forfeiture of property involved in or derived from money laundering and terrorism financing offences, as well as terrorist property, proceeds of an unlawful activity and instrumentalities of an offence, and for matters incidental thereto and connected therewith.
Citation Act 613
Territorial extentThroughout Malaysia
Passed by Dewan Rakyat
Passed10 May 2001
Passed by Dewan Negara
Passed6 June 2001
Royal assent 25 June 2001
Commenced5 July 2001
Effective [15 January 2002, P.U. (B) 15/2002]
Legislative history
First chamber: Dewan Rakyat
Bill titleAnti-Money Laundering Bill 2001
Bill citationD.R. 15/2001
Introduced by Shafie Salleh, Deputy Minister of Finance
First reading 9 April 2001
Second reading 9 May 2001
Third reading 10 May 2001
Second chamber: Dewan Negara
Bill titleAnti-Money Laundering Bill 2001
Bill citationD.R. 15/2001
Introduced by Shafie Salleh, Deputy Minister of Finance
First reading 14 May 2001
Second reading 5 June 2001
Third reading 6 June 2001
Amended by
Anti-Money Laundering (Amendment of Second Schedule) Order 2002 [P.U. (A) 18/2002]

Anti-Money Laundering (Amendment of First Schedule) Order 2003 [P.U. (A) 13/2003]
Anti-Money Laundering (Amendment of Second Schedule) Order 2003 [P.U. (A) 14/2003]
Anti-Money Laundering (Amendment of First Schedule) Order 2004 [P.U. (A) 338/2004]
Anti-Money Laundering (Amendment of Second Schedule) Order 2004 [P.U. (A) 339/2004]
Anti-Money Laundering (Amendment of First Schedule) Order 2005 [P.U. (A) 111/2005]
Anti-Money Laundering (Amendment of Second Schedule) Order 2005 [P.U. (A) 112/2005]
Anti-Money Laundering (Amendment of First Schedule) (No. 2) Order 2005 [P.U. (A) 416/2005]
Anti-Money Laundering (Amendment of Second Schedule) (No 2) Order 2005 [P.U. (A) 417/2005]
Anti-Money Laundering (Amendment of First Schedule) Order 2006 [P.U. (A) 292/2006]
Anti-Money Laundering and Anti-Terrorism Financing (Amendment) Act 2003 [Act A1208]
Anti-Money Laundering and Anti-Terrorism Financing (Amendment of First Schedule) Order 2007 [P.U. (A) 101/2007]
Anti-Money Laundering and Anti-Terrorism Financing (Amendment of Second Schedule) Order 2007 [P.U. (A) 102/2007]
Anti-Money Laundering and Anti-Terrorism Financing (Amendment of Second Schedule) (No. 2) Order 2007 [P.U. (A) 105/2007]
Anti-Money Laundering and Anti-Terrorism Financing (Amendment of Second Schedule) (No. 3) Order 2007 [P.U. (A) 385/2007]
Anti-Money Laundering and Anti-Terrorism Financing (Amendment of First Schedule) (No. 2) Order 2007 [P.U. (A) 435/2007]
Anti-Money Laundering and Anti-Terrorism Financing (Amendment of Second Schedule) Order 2009 [P.U. (A) 327/2009]
Anti-Money Laundering and Anti-Terrorism Financing (Amendment of Second Schedule) (No.2) Order 2009 [P.U. (A) 400/2009]
Anti-Money Laundering and Anti-Terrorism Financing (Amendment of Second Schedule) Order 2010 [P.U. (A) 343/2010]
Anti-Money Laundering and Anti-Terrorism Financing (Amendment of First Schedule) Order 2010 [P.U. (A) 402/2010]
Anti-Money Laundering and Anti-Terrorism Financing (Amendment of Second Schedule) Order 2011 [P.U. (A) 153/2011]
Anti-Money Laundering and Anti-Terrorism Financing (Amendment of Second Schedule) Order 2012 [P.U. (A) 144/2012]
Anti-Money Laundering and Anti-Terrorism Financing (Amendment of Second Schedule) Order 2014 [P.U. (A) 143/2014]
Anti-Money Laundering and Anti-Terrorism Financing (Invocation of Part IV) Order 2014 [P.U. (A) 144/2014]
Anti-Money Laundering and Anti-Terrorism Financing (Amendment) Act 2014 [Act A1467]
Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities (Amendment of First Schedule) Order 2014 [P.U. (A) 291/2014]

Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities (Amendment of Second Schedule) Order 2014 [P.U. (A) 294/2014]

Contents

Status: In force

The Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (Malay : Akta Pencegahan Pengubahan Wang Haram, Pencegahan Pembiayaan Keganasan dan Hasil daripada Aktiviti Haram 2001) is a Malaysian counter-terrorism legislation. It is enacted to provide for the offence of money laundering, the measures to be taken for the prevention of money laundering and terrorism financing offences and to provide for the forfeiture of property involved in or derived from money laundering and terrorism financing offences, as well as terrorist property, proceeds of an unlawful activity and instrumentalities of an offence, and for matters incidental thereto and connected therewith.

Structure

The Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, in its current form (1 December 2015), consists of 7 Parts containing 93 sections and 2 schedules (including 27 amendments).

Related Research Articles

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<span class="mw-page-title-main">Bank Secrecy Act</span> 1970 act of the United States Congress

The Bank Secrecy Act of 1970 (BSA), also known as the Currency and Foreign Transactions Reporting Act, is a U.S. law requiring financial institutions in the United States to assist U.S. government agencies in detecting and preventing money laundering. Specifically, the act requires financial institutions to keep records of cash purchases of negotiable instruments, file reports if the daily aggregate exceeds $10,000, and report suspicious activity that may signify money laundering, tax evasion, or other criminal activities.

In financial regulation, a Suspicious Activity Report (SAR) or Suspicious Transaction Report (STR) is a report made by a financial institution about suspicious or potentially suspicious activity as required under laws designed to counter money laundering, financing of terrorism and other financial crimes. The criteria to decide when a report must be made varies from country to country, but generally is any financial transaction that either a) does not make sense to the financial institution; b) is unusual for that particular client; or c) appears to be done only for the purpose of hiding or obfuscating another, separate transaction. The report is filed with that country's financial crime enforcement agency, which is typically a specialist agency designed to collect and analyse transactions and then report these to relevant law enforcement teams.

<span class="mw-page-title-main">Proceeds of Crime Act 2002</span> British statute law on confiscation and money laundering

The Proceeds of Crime Act 2002 (c.29) (POCA) is an Act of the Parliament of the United Kingdom which provides for the confiscation or civil recovery of the proceeds from crime and contains the principal money laundering legislation in the UK.

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<span class="mw-page-title-main">Asset forfeiture</span> Confiscation of assets by the state

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The Financial Transactions and Reports Analysis Centre of Canada is the national financial intelligence agency of Canada. FINTRAC was established in 2000 under the Proceeds of Crime Act to facilitate detection and investigation of money laundering, FINTRAC's mandate was expanded in December 2001 following amendments to the Proceeds of Crime Act to also disclose financial intelligence to other Canadian intelligence and law enforcement agencies with respect to suspected terrorist financing. FINTRAC's mandate was further expanded in 2006 under Bill C-25 to enhance the client identification, record-keeping and reporting measures, established a registration regime for money services businesses and foreign exchange dealers, and created new offences for not registering.

<span class="mw-page-title-main">Rosfinmonitoring</span> Russian Federal Financial Monitoring Service

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The Terrorist Financing Convention is a 1999 United Nations treaty designed to criminalize acts of financing acts of terrorism. The convention also seeks to promote police and judicial co-operation to prevent, investigate and punish the financing of such acts. As of October 2018, the treaty has been ratified by 188 states; in terms of universality, it is therefore one of the most successful anti-terrorism treaties in history.

<span class="mw-page-title-main">Anti-Money Laundering Council (Philippines)</span> Agency of the Government of the Philippines

The Anti-Money Laundering Council (AMLC) is the agency of the Government of the Philippines that is tasked to implement the provisions of Republic Act No. 9160, also known as the “Anti-Money Laundering Act of 2001” (AMLA), as amended, and Republic Act No. 10168, also known as the “Terrorism Financing Prevention and Suppression Act of 2012” (TFPSA).

<span class="mw-page-title-main">2005 Warsaw Convention</span> Council of Europe convention about money laundering and crime investigation

The Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism, also known as the Warsaw Convention or CETS 198, is a Council of Europe convention which aims to facilitate international co-operation and mutual assistance in investigating crime and tracking down, seizing and confiscating the proceeds thereof.

<span class="mw-page-title-main">CETS141</span>

The Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime, also known as the Strasbourg Convention or CETS 141, is a Council of Europe convention which aims to facilitate international co-operation and mutual assistance in investigating crime and tracking down, seizing and confiscating the proceeds thereof. The Convention is intended to assist States in attaining a similar degree of efficiency even in the absence of full legislative harmony.

<span class="mw-page-title-main">Indonesian Financial Transaction Reports and Analysis Center</span>

The Indonesian Financial Transaction Reports and Analysis Center or INTRAC or PPATK is a government agency of Indonesia responsible for financial intelligence. The agency was formed in 2002 to counter suspected money laundering and provide information on terrorist financing.

Qatar Anti- Terrorism Financing and Money Laundering Law also known as Law No. 20 of 2019 was passed on 12 September 2019, by Qari cabinet to combating money laundering and terrorism financing. It came into force on 1 February 2020 repealing Law No. 4 of 2010. According to the Qatari government, the law contains clauses that meet international standard requirements for combating money laundering and terrorism financing deficient in the law no. 28 of 2002 and law no. 4 of 2010. The law spells out legal requirements for financial transactions for businesses, non-profit organizations and money transfer services.

References