A AML Rulebook

What Is AML? Anti Money Laundering, In Plain Terms

A plain-language answer to what anti money laundering means, from the three stages of laundering to the duties the rules put on banks and other institutions.

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This page gives a plain answer to what AML means. It is grounded in what FinCEN and the FATF Recommendations actually say.

The core definition of anti money laundering

Anti money laundering is a set of laws and rules. They make banks and other financial institutions detect, report and record suspicious activity. FinCEN's page says money laundering is the process of making illegally-gained proceeds appear legal. AML is everything built to catch that process.

The system is not one law. It is a stack of them. In the United States the stack starts with the Bank Secrecy Act. It runs through the rules in Title 31 of the Code of Federal Regulations. The FATF Recommendations say what other countries should do.

What AML means in practice: detect, report, record

AML is usually described from the institution's side, because that is where the duties sit. Three verbs cover most of it.

Detect. An institution watches its own transactions for activity that does not fit a customer. § 1020.320 requires every bank to file a report of any suspicious transaction relevant to a possible violation of law or regulation. You cannot report what you never see.

Report. The filing duty in § 1020.320 is what turns that watching into a report.

Record. FinCEN's history page says the Bank Secrecy Act set recordkeeping rules for banks and other financial institutions.

The three stages of money laundering AML targets

FinCEN's page says money laundering typically involves three steps: placement, layering and integration.

Placement gets unlawful cash into the financial system in the first place. Layering is moving it around to break the link to its source. Integration is bringing it back out, looking clean.

FinCEN's page says money laundering can facilitate crimes such as drug trafficking and terrorism.

One pattern has its own rule. Under § 1010.314, a person is barred from structuring, or helping another person structure, a transaction with one or more domestic financial institutions. That section makes structuring a prohibited act in its own right.

AML/CFT: why the term includes countering terrorist financing

You will often see the longer term AML/CFT. The CFT part stands for countering the financing of terrorism. The FATF Recommendations define terrorist financing as the financing of terrorist acts, and of terrorists and terrorist organisations.

The two sit together in the FATF Recommendations. The FATF Recommendations call for terrorist financing to be criminalised by countries. The basis is the Terrorist Financing Convention. The Recommendations also say terrorist financing should count as a money laundering predicate offence. For money services businesses, the program rule in § 1022.210 names both.

FinCEN's history page says the Bank Secrecy Act of 1970 set recordkeeping and reporting rules for individuals, banks and other financial institutions. That law is the backbone of US AML. FinCEN acts as the designated administrator of the Bank Secrecy Act.

The crime itself came later. FinCEN's history page says the Money Laundering Control Act of 1986 made money laundering a federal crime. Before that, the reporting rules were in place. But laundering itself was not yet a federal crime.

The FATF Recommendations reach beyond the US. The Recommendations also call for money laundering to be criminalised by countries. The basis is the Vienna Convention and the Palermo Convention. The crime should cover all serious offences.

For the statute behind all of this, read the bank secrecy act guide. For how the program side works, see BSA anti money laundering. The wider body of anti money laundering law fills in the rest of the stack. And if the three stages raised questions, what is money laundering and an example walks through the process itself.

Types of AML obligations institutions face

§ 1022.210 says an effective program is reasonably designed to prevent the business from being used for money laundering and terrorist financing. That rule is written for money services businesses.

In practice the duties fall into a few groups. Institutions watch transactions. Banks must report suspicious transactions under § 1020.320. The Bank Secrecy Act's recordkeeping rules reach banks and other financial institutions. And some must run a program, as § 1022.210 sets out for money services businesses. The details live in the regulations for each type of institution.

Sources

Also in How money laundering works
Structuring Definition: Cash Split to Dodge a CTR
Money Services Business Registration
Anti Money Laundering Law: A Guide to the US Rules
What Is Money Laundering? A Definition and Example