BNM issues plain-language AML/CFT guide for Malaysian DNFBPs and non-bank financial institutions
Bank Negara Malaysia has published a condensed AML/CFT/CPF guide aimed at designated non-financial businesses and professions and non-bank financial institutions. It walks these sectors through the main obligations under the AMLA and the dedicated policy document: KYC, sanctions screening, risk profiling, enhanced due diligence, suspicious transaction reporting and record retention, with the maximum penalties attached.
- The guide binds DNFBPs and NBFIs including lawyers, accountants, trust companies, company secretaries, dealers in precious metals or stones, registered estate agents, licensed casinos and gaming outlets, moneylenders, pawnbrokers, and leasing and factoring businesses.
- Firms must screen clients against the Ministry of Home Affairs (MOHA) and UNSCR sanctions lists covering terrorism, proliferation and other UN regimes, and on a positive name match must not commence business, freeze funds and block transactions.
- Client risk profiling must assess four factors: client, product or service, geographical location and delivery channel, with enhanced due diligence applied to higher-risk clients.
- Records, including KYC information, ID copies, transaction details and any STR analysis, must be kept for at least six years from termination of the business relationship.
- Maximum penalties cited under AMLA sections 13, 14, 16 and 17 range up to a RM1 million fine and up to RM3 million or imprisonment up to five years or both.