Financial Crime World

Hong Kong’s Anti-Money Laundering Law: A Comprehensive Guide for Authorized Institutions

This comprehensive guide provides an overview of Hong Kong’s revised Anti-Money Laundering and Counter-Financing of Terrorism (AML/CFT) Guideline for Authorized Institutions. With revisions in October 2018 and January 2023, it is essential for authorized institutions, their officers, and staff to remain updated on this vital legislation.

Table of Contents:

  1. Overview

Chapter 1 – Overview

Chapter 2 – Risk-Based Approach

Chapter 3 – AML/CFT Systems

Chapter 4 – Customer Due Diligence (CDD)

Upcoming Chapters

Enforcement and Consequences

Conclusion

Overview

An introductory note on the importance of complying with the Guideline The revision of Hong Kong’s AML/CFT Guideline highlights the importance of continuous compliance and understanding of the regulations for authorized institutions.

Chapter 1 – Overview

An outline of the Guideline and its purpose

A brief introduction to the origin and objectives of the AML/CFT Guideline

Key definitions and interpretations

Explanation and clarification of important terms and their meanings according to the Guideline

Chapter 2 – Risk-Based Approach

The significance of the risk-based approach (RBA) in AML/CFT

Description of the RBA and its importance in mitigating ML/TF risks in the financial sector

Institutional ML/TF risk assessment: Identifying, assessing, and understanding ML/TF risks

Explanation of processes and requirements for conducting an effective ML/TF risk assessment

Conducting a risk assessment: the process and crucial factors

A more in-depth guide on the process and factors to consider when conducting an ML/TF risk assessment

Chapter 3 – AML/CFT Systems

The crucial role of AML/CFT systems in mitigating ML/TF risks

Explanation of the importance of having proper AML/CFT systems in place for managing ML/TF risks

Requirements for proper implementation and maintenance of AML/CFT systems

Detailed overview of the requirements governing the implementation and maintenance of AML/CFT systems to mitigate ML/TF risks

Chapter 4 – Customer Due Diligence (CDD)

The importance of CDD in the context of AML-CFT regulations

The rationale behind CDD requirements and their significance in AML/CFT regulations

CDD process: Identifying, verifying, and recording customer information

A step-by-step guide on the CDD process and the importance of properly identifying, verifying, and recording customer information

Ongoing monitoring of customers to assess and manage ML/TF risks

An explanation of the importance of ongoing monitoring of customers to assess and manage ML/TF risks effectively

[Upcoming Chapters]

Chapters 5-9: Terrorist financing, financial sanctions, staff training, wire transfers, correspondent banking, and private banking

Brief descriptions and focus areas for upcoming chapters related to these specific topics

Chapter 10: Glossary of key terms and abbreviations

A collection and explanation of the definitions for commonly used terms and abbreviations in the context of AML/CFT and the Guideline

Enforcement and Consequences

Overview of penalties for non-compliance and disciplinary actions against authorized institutions

An explanation of the potential consequences and penalties for non-compliance with the Guideline

Conclusion

The importance of understanding and adhering to the Guideline to maintain Hong Kong’s status as an international financial center

Emphasizing the need for authorized institutions and their stakeholders to understand and adhere to the AML/CFT Guideline to maintain Hong Kong’s international financial reputation