Anti-Money Laundering (AML) Training Requirements
Money Laundering refers to any act or attempted act conducted to conceal or disguise the identity of illegally obtained funds so that they appear to have originated from legitimate sources. In other words, it is the process through which criminals convert “dirty” money appear “clean”.
International Monetary Fund (IMF) estimates that atleast 3-5% of the worldwide global economy involves money laundering. Money laundering is also associated with terrorist financing.
To combat money laundering and terrorist financing, various initiatives such as Financial Action Task Force (FATF) have been setup. Various laws have been enacted or amended to specifically deal with money laundering.
In the United States, the Bank Secrecy Act (BSA) requires banks and financial institutions to help the government in preventing and detecting money laundering.
For example, as per the act, the financial institutions are required to keep records of cash purchases of negotiable instruments. It is mandatory to file reports of cash purchases of these instruments that are more than $10,000 in value. The financial institutions are also required to report any suspicious activity that may show any signs of money laundering, tax evasion, etc.
The Bank Secrecy Act (BSA) was originally enacted in 1970 and subsequently amended many times. It is also known as money-laundering act, or jointly referred to as BSA/AML.
Compliance Training Requirements
When the USA Patriot Act was passed in 2002, it also amended certain sections (section 5318(h)(1)) of the bank Secrecy Act, which deal with terrorist financing.
As amended, section 5318(h) (1) requires financial institutions to establish anti-money laundering compliance programs. This includes establishing an “ongoing training program” for anti-money laundering.
According to this, the financial institution should provide ongoing training for appropriate personnel concerning their responsibilities under the program, including training in the detection of suspicious transactions.
BSA/AML Examination Manual
This examination manual provides guidance to examiners for carrying out BSA/AML and Office of Foreign Assets Control (OFAC) examinations. It also provides guidance to the banking industry on identifying and controlling risks associated with money laundering and terrorist financing. The manual contains an overview of BSA/AML compliance program requirements, BSA/AML risks and risk management expectations, industry sound practices, and examination procedures.
