KYC (Know Your Customer) & AML (Anti-Money Laundering)
1. What is Money Laundering?
Money laundering is the process of disguising the origin of illegally earned money by passing it through a complex series of transactions. The goal is to make the money appear legitimate.
Three Stages of Money Laundering:
- Placement: Injecting illegal funds into the financial system
- Layering: Complex movement to obscure the source
- Integration: Reintroducing funds as legitimate money
2. Money Laundering vs Terrorist Financing
Aspect | Money Laundering | Terrorist Financing |
---|---|---|
Source of Funds | Always illegal | Can be legal or illegal |
Purpose | To enjoy illegal funds | To fund terrorism |
3. Sources of Money Laundering
- Drug trafficking
- Bribery and corruption
- Illegal immigration
- Human trafficking
- Fraud and gambling
4. What is KYC?
KYC is a regulatory process of verifying a customer's identity to prevent misuse of the financial system. It is mandatory for financial institutions under various global standards.
Importance of KYC: Protects against fraud, money laundering, and terrorism financing.
5. Elements of KYC
- Customer Acceptance Policy (CAP)
- Customer Identification Procedure (CIP)
- Customer Due Diligence (CDD)
- Ongoing Monitoring
6. Types of Customer Due Diligence
- Simplified: Low-risk clients
- Standard: Regular clients
- Enhanced: High-risk clients (e.g. PEPs, NRIs)
7. Red Flags in Transactions
- Unusual trading volume
- Frequent cash transactions
- Complex transaction chains
- Clients unwilling to share information
8. Regulatory Framework
- India: PMLA 2002, SEBI, RBI guidelines
- Australia: AUSTRAC
- Canada: FINTRAC
- Brazil: Central Bank
9. Case Studies
- Nirav Modi – PNB Scam: Lack of KYC for LoUs
- Yes Bank: Weak monitoring, bad loans
10. Consequences of Non-Compliance
- Employees: Legal penalties, job loss
- Firms: Regulatory fines, reputation damage
11. Best Practices
- Onboard customers only after full KYC
- Use Enhanced Due Diligence for risky clients
- Update documents regularly
- Employee training on red flags and compliance
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