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1.
Domestic law
Identify your jurisdiction’s money laundering and anti-money laundering (AML) laws and regulations. Describe the main elements of these laws.To read more
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2.
Investigatory powers
Describe any specific powers to identify proceeds of crime or to require an explanation as to the source of funds.To read more
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3.
Criminal enforcement
Which government entities enforce your jurisdiction’s money laundering laws?To read more
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4.
Defendants
Can both natural and legal persons be prosecuted for money laundering?To read more
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5.
The offence of money laundering
What constitutes money laundering?To read more
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6.
Qualifying assets and transactions
Is there any limitation on the types of assets or transactions that can form the basis of a money laundering offence?To read more
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7.
Predicate offences
Generally, what constitute predicate offences?To read more
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8.
Defences
Are there any codified or common law defences to charges of money laundering?To read more
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9.
Resolutions and sanctions
What is the range of outcomes in criminal money laundering cases?To read more
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10.
Forfeiture
Describe any related asset freezing, forfeiture, disgorgement and victim compensation laws.To read more
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11.
Limitation periods on money laundering prosecutions
What are the limitation periods governing money laundering prosecutions?To read more
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12.
Extraterritorial reach of money laundering law
Do your jurisdiction’s money laundering laws have extraterritorial reach?To read more
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13.
Enforcement and regulation
Which government entities enforce your jurisdiction’s AML regime and regulate covered institutions and persons? Do the AML rules provide for ongoing and periodic assessments of covered institutions and persons?To read more
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14.
Covered institutions and persons
Which institutions and persons must carry out AML measures?To read more
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15.
Compliance
Do the AML laws in your jurisdiction require covered institutions and persons to implement AML compliance programmes? What are the required elements of such programmes?To read more
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16.
Breach of AML requirements
What constitutes breach of AML duties imposed by the law?To read more
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17.
Customer and business partner due diligence
Describe due diligence requirements in your jurisdiction’s AML regime.To read more
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18.
High-risk categories of customers, business partners and transactions
Do your jurisdiction’s AML rules require that covered institutions and persons conduct risk-based analyses? Which high-risk categories are specified?To read more
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19.
Record-keeping and reporting requirements
Describe the record-keeping and reporting requirements for covered institutions and persons.To read more
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20.
Privacy laws
Describe any privacy laws that affect record-keeping requirements, due diligence efforts and information sharing.To read more
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21.
Resolutions and sanctions
What is the range of outcomes in AML controversies? What are the possible sanctions for breach of AML laws?To read more
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22.
Limitation periods for AML enforcement
What are the limitation periods governing AML matters?To read more
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23.
Extraterritoriality
Do your jurisdiction’s AML laws have extraterritorial reach?To read more
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24.
Civil claims and private enforcement
Enumerate and describe the required elements of a civil claim or private right of action against money launderers and covered institutions and persons in breach of AML laws.To read more
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25.
Supranational
List your jurisdiction’s memberships of supranational organisations that address money laundering.To read more
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26.
Anti-money laundering assessments
Give details of any assessments of your jurisdiction’s money laundering regime conducted by virtue of your membership of supranational organisations.To read more
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27.
FIUs
Give details of your jurisdiction’s Financial Intelligence Unit (FIU).To read more
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28.
Mutual legal assistance
In which circumstances will your jurisdiction provide mutual legal assistance with respect to money laundering investigations? What are your jurisdiction’s policies and procedures with respect to requests from foreign countries for identifying, freezing and seizing assets?To read more
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Updates and trends
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Pinsent Masons is a full-service international law firm with 25 offices and more than 1850 lawyers globally. We have been in China since 1983 and we are one of the first law firms authorised to operate here.
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