Summary Notes: Anti-Money Laundering Act (AMLA) of 2001
(Republic Act No. 9160, as amended by R.A. 9194, 10167, 10365, 10927, and others)
Purpose and Policy
• AMLA aims to prevent the Philippines from becoming a money laundering haven.
• It seeks to protect the integrity and stability of the financial system.
• Supports the country’s commitment to international anti-money laundering and anti-
terrorism financing standards.
Definition of Money Laundering
Money laundering is a crime where someone attempts to hide, disguise, or clean the proceeds
of illegal activities to make them appear legitimate.
Covered Institutions
• Banks and non-bank financial institutions.
• Insurance companies, securities dealers, and investment houses.
• Jewelry dealers, real estate brokers, casinos, and similar businesses.
These institutions are required to report and monitor suspicious transactions.
Covered Transactions
• Any single transaction exceeding ₱500,000 (within one banking day).
• For casinos, any cash transaction exceeding ₱5,000,000 (or its equivalent in foreign
currency).
Suspicious Transactions
Transactions that raise red flags even if below the monetary threshold, such as:
• No clear legal or business purpose.
• Deviating from the customer’s known profile.
• Structuring transactions to avoid reporting.
• Inconsistent with the customer's financial capacity.
Obligations of Covered Institutions
1. Customer Due Diligence (CDD) — Know Your Customer (KYC) protocols.
2. Record-Keeping — Records must be kept for 5 years.
3. Report Suspicious and Covered Transactions to the Anti-Money Laundering Council
(AMLC) within 5 working days.
4. Confidentiality Rule — Reports and investigations are confidential to protect both
institutions and customers.
Anti-Money Laundering Council (AMLC)
• The primary government agency tasked with enforcing AMLA.
• Powers include:
o Investigating money laundering cases.
o Freezing and forfeiting assets.
o Coordinating with international bodies.
Penalties
• For Money Laundering Offense:
o Imprisonment of 7 to 14 years.
o Fine of ₱3 million to twice the value of the laundered property.
• For Failure to Report/Compliance by Covered Institutions:
o Fines and administrative sanctions.
o Possible criminal liability for responsible officers.
International Cooperation
• The Philippines complies with the Financial Action Task Force (FATF) standards.
• The AMLC can share information and cooperate with foreign financial intelligence units
to combat cross-border money laundering.
Key Takeaways
• AMLA creates a strong regulatory framework against the concealment of illegal wealth.
• Institutions must follow reporting, record-keeping, and due diligence requirements.
• The AMLC plays a central role in the detection, investigation, and prosecution of money
laundering cases.
• Money laundering can happen across various sectors, not just banks.