Combating Money Laundering in the Banking Industry: Malaysian Experience
Commenced in January 2007
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Combating Money Laundering in the Banking Industry: Malaysian Experience

Authors: Aspalella A. Rahman

Abstract:

Money laundering has been described by many as the lifeblood of crime and is a major threat to the economic and social well-being of societies. It has been recognized that the banking system has long been the central element of money laundering. This is in part due to the complexity and confidentiality of the banking system itself. It is generally accepted that effective anti-money laundering (AML) measures adopted by banks will make it tougher for criminals to get their "dirty money" into the financial system. In fact, for law enforcement agencies, banks are considered to be an important source of valuable information for the detection of money laundering. However, from the banks- perspective, the main reason for their existence is to make as much profits as possible. Hence their cultural and commercial interests are totally distinct from that of the law enforcement authorities. Undoubtedly, AML laws create a major dilemma for banks as they produce a significant shift in the way banks interact with their customers. Furthermore, the implementation of the laws not only creates significant compliance problems for banks, but also has the potential to adversely affect the operations of banks. As such, it is legitimate to ask whether these laws are effective in preventing money launderers from using banks, or whether they simply put an unreasonable burden on banks and their customers. This paper attempts to address these issues and analyze them against the background of the Malaysian AML laws. It must be said that effective coordination between AML regulator and the banking industry is vital to minimize problems faced by the banks and thereby to ensure effective implementation of the laws in combating money laundering.

Keywords: Banking Industry, Bank Negara Money, Laundering, Malaysia.

Digital Object Identifier (DOI): doi.org/10.5281/zenodo.1331449

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References:


[1] Pendakwa Raya v Ong She Sen (2010) 7 CLJ 220.
[2] Musonda Simwayi & Wang Guohua, The Role of Commercial Banks in Combating Money Laundering- (2011) 14(4) Journal of Money Laundering Control, 324.
[3] Norhashimah Mohd Yasin & Mohamed Hadi Abd Hamid, Public Interest as the Paramount Consideration in Sentencing for Money Laundering Offences: A Comparative Analysis- (2011) 3 Shariah Law Report, xxxiv.
[4] M H Fleming, (2005) "UK Law Enforcement Agency Use and Management of Suspicious Activity Reports: Towards Determining the Value of the Regime."7 at 13 December 2012.
[5] Levi, M. (2002), "Money laundering and its regulation" ANNALS, AAPSS p.190.
[6] KPMG, (2003), "Money laundering: review of the regime for handling suspicious activity reports", p.15.
[7] Terrence F. William, ÔÇÿBanker as Victim: An Approach to Money Laundering Prosecutions- (2009) 12(1) Journal of Money Laundering Control 50.
[8] Bosworth-Davies R, "Living with the law: A survey of Money Laundering Reporting Officers and their attitudes towards the Money Laundering Regulations."(1998) 1(3) Journal of Money Laundering Control, 245.
[9] J. Johnson, "Fighting Money Laundering: Are Australian Financial Institutions Doing Enough?" (2000) 44(3) Journal of Banking and Financial Services 8.
[10] Santha Vaithilingan and Mahendran Nair, Factors Affecting Money Laundering: Lesson for Developing Countries- (2007) 10(3) Journal of Money Laundering Control 352.
[11] R Barry Johnston and Ian Carrington, Protecting the Financial System from Abuse: Challenges to Banks in Implementing AML/CFT Standards- (2006) 9(1) Journal of Money Laundering Control 48.
[12] Mark Yeandle et al, Anti-Money Laundering Requrements: Costs, Benefits and Perceptions ( 2005) 20 at 13 December, 2012.
[13] Martin Gill and Geoff Taylor, Preventing Money Laundering or Obstructing Business- (2004) British Journal of Criminology 6.
[14] US Senate Permanent Subcommittee on Investigations, Money Laundering and Foreign Corruption: Enforcement and Effectiveness of the Patriot Act Report (2004) 76.
[15] FSA fines Abbey National Companies 2,320,000- (FSA Press Release, 10 December, 2003).
[16] J. Harvey, Compliance and Reporting Issues Arising for Financial Institutions from Money Laundering Regulations: A Preliminary Cost Benefit Study- (2004) 7(4) Journal of Money Laundering Control 336.