Anti-Money Laundering Law

China's anti-money laundering law is set for its first major revision, aiming to address new money laundering risks related to virtual currencies

ChainCatcher news, according to a report by Interface News, the amendment to China's anti-money laundering law has made significant progress. On January 22, 2024, Premier Li Qiang presided over a State Council executive meeting to discuss the "Anti-Money Laundering Law of the People's Republic of China (Draft Amendment)." Regarding the draft amendment, Wang Xin, a professor at Peking University Law School and an expert involved in the discussion of the anti-money laundering law amendment, stated that the anti-money laundering law covers a wide range of issues, and it is difficult for the draft amendment to address everything comprehensively; it can only reflect the most urgent content in a framework manner.Yan Lixin, Executive Director of the China Anti-Money Laundering Research Center at Fudan University, stated that the most important, urgent, and necessary issue to be elevated to the legal level is the money laundering problem involving virtual assets. The use of cryptocurrencies and virtual assets for money laundering is gradually becoming a mainstream trend, but China's laws lack a clear definition of the connotation and extension of virtual assets. Wang Xin believes that the prohibition of Bitcoin's legal status in China reflects the country's attitude towards virtual currencies. To prevent digital financial risks, China prohibits providing or accepting services related to virtual currencies. The draft amendment to the anti-money laundering law has included measures to address new types of money laundering risks, requiring financial institutions to assess money laundering risks and take risk management measures before adopting new technologies or providing new products.In addition, Yan Lixin introduced that there is still significant room for improvement in the judicial relief work during the anti-money laundering enforcement process in China, and the anti-money laundering law should also cover judicial relief-related content to protect citizens' legal rights and interests. In reality, it is not uncommon for financial accounts or personal bank cards suspected of money laundering or other illegal or criminal activities to be "frozen," "suspended," or "seized" without proper recourse, and such situations have become commonplace. Among them, there are many individuals or groups who have been mistakenly targeted or harmed, and cases where accounts are mistakenly frozen or suspended without any avenue for appeal, leading to prolonged indecision and causing individuals, families, or businesses to fall into dire straits are also not rare. Wang Xin believes that a compliant management system must be established for anti-money laundering. As a fundamental law, the anti-money laundering law should incorporate compliance requirements for anti-money laundering, facilitating the subsequent issuance of implementation rules and other guiding documents.

U.S. Senator Warren proposes anti-money laundering legislation for digital assets to combat crypto money laundering activities

ChainCatcher news, according to CNN, U.S. Senator Elizabeth Warren is attempting to push for bipartisan efforts in Congress to combat money laundering in the cryptocurrency industry. Warren's office stated that she is collaborating with Kansas Republican Senator Roger Marshall to introduce new legislation on Wednesday.The new bill, titled the Digital Asset Anti-Money Laundering Act, aims to combat money laundering by attempting to align the digital asset ecosystem with the existing anti-money laundering framework in the global financial system. The bill will direct the Financial Crimes Enforcement Network (FinCEN) to classify digital asset wallet providers, miners, validators, and other entities as money services businesses. This, in turn, will expand the scope of responsibilities under the Bank Secrecy Act to the crypto industry, including KYC requirements.The bill will also compel regulators to advance new restrictions aimed at closing the loopholes that allow individuals to bypass anti-money laundering and sanctions checks. Specifically, it will instruct FinCEN to finalize and implement a rule proposed in 2020 that would require banks and money services businesses to verify the identities of customers and counterparties, maintain records, and submit reports related to non-custodial wallets or wallets associated with jurisdictions that do not comply with banking regulations.Other requirements of the bill include:Prohibiting banks and other financial institutions from using technologies that enhance anonymity (such as digital asset mixers) or engaging in transactions with them, and banning the processing of digital assets that utilize these technologies.Expanding the Bank Secrecy Act rules regarding foreign bank account reporting to include digital assets, requiring U.S. persons conducting digital asset transactions exceeding $10,000 through overseas accounts to report to the IRS.Directing regulators to strengthen the enforcement of the Bank Secrecy Act by establishing compliance review procedures for money services businesses.Targeting digital asset ATMs to ensure operators and administrators submit and update the actual addresses of their ATMs. (Source link)
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