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Know Your Customer (KYC) & Anti-Money Laundering (AML)

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Know Your Customer (KYC) & Anti-Money Laundering (AML)

What is Money Laundering?

Money laundering is the process of converting illegally earned money ("dirty money") into legitimate funds ("clean money"). The person performing this action is known as a launderer.

Stages of Money Laundering

  1. Placement: Introducing illicit funds into the financial system.
  2. Layering: Moving funds across accounts and jurisdictions to obscure the source.
  3. Integration: Reintroducing the laundered money into the economy through legal investments or purchases.

Difference Between Money Laundering and Terrorist Financing

Money Laundering: Involves illicit origins of funds.

Terrorist Financing: Funds may originate from legal or illegal sources but are used for terrorism.

Sources of Money Laundering

  • Drug trafficking
  • Bribery and corruption
  • Illegal immigration
  • Human trafficking
  • Fraud and gambling

KYC (Know Your Customer)

KYC is the process of verifying the identity, suitability, and risks involved with maintaining a business relationship with a client.

Why KYC is Important

  • To prevent banks and FIs from being misused for money laundering.
  • Understand client risk profiles and mitigate reputational/legal risks.
  • Comply with FATF and Basel recommendations.

Elements of KYC

  • Customer Acceptance Policy (CAP)
  • Customer Identification Procedure (CIP)
  • Customer Due Diligence (CDD): Simplified, Standard, Enhanced
  • Ongoing Monitoring

Customer Due Diligence (CDD)

  • Simplified Due Diligence: For low-risk clients.
  • Standard Due Diligence: For regular clients like professionals.
  • Enhanced Due Diligence: For high-risk clients such as PEPs, NRIs, jewelers, etc.

Common Red Flags & Suspicious Transactions

  • Unusual volume or frequency of trades
  • Large cash transactions without explanation
  • Short-term securities held for no financial reason
  • Depositing cash into multiple accounts on the same day

Legal Frameworks Across Countries

  • India: PMLA 2002, RBI, SEBI, IRDA guidelines
  • Australia: AUSTRAC
  • Canada: FINTRAC
  • Brazil: Central Bank of Brazil

Case Studies

Nirav Modi & PNB Scam: Fraudulent LoUs without proper KYC or checks.
Yes Bank: Irregular lending and poor due diligence led to governance issues.

Consequences of Non-Compliance

For Employees

  • Criminal charges & imprisonment
  • Loss of job and professional reputation
  • Revocation of licenses

For Firms

  • Heavy financial penalties
  • Reputational damage
  • Regulatory action and oversight

Best Practices to Ensure Compliance

  • Never onboard without verification
  • Implement enhanced due diligence for high-risk clients
  • Maintain a robust transaction monitoring system
  • Update KYC policies regularly based on regulatory updates
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