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Anti-Money Laundering and Combating the Financing of Terrorism in Japan
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The Japanese government has implemented various measures to prevent anti-money laundering (AML) and combating the financing of terrorism (CFT). Here are some key points on AML/CFT measures in Japan.
Legal Framework
- The AML Act requires financial institutions to implement AML/CFT measures, including:
- Customer due diligence
- Risk assessment
- Reporting suspicious transactions
- The Foreign Exchange and Foreign Trade Act imposes regulations on foreign exchange, foreign trade, and other foreign transactions to prevent money laundering and terrorist financing.
Practical Measures
- Financial institutions are required to prepare a risk assessment document, summarizing the results of investigating and analyzing ML/TF risks.
- They must maintain up-to-date customer information verified through know-your-customer (KYC) procedures.
- Banks have introduced systems to screen against databases of anti-social forces and implement measures to prevent money laundering.
Enforcement
- Enforcement is carried out through reporting orders and business improvement orders by regulatory authorities.
- The Financial Services Agency (FSA) has strengthened inspections focused on AML/CFT measures since 2021.
- From April 2024, the FSA will issue administrative penalties, including business improvement orders or other actions, if financial institutions have inadequate governance arrangements.
International Cooperation
- Japan is a member of the Financial Action Task Force (FATF) and has developed its legal framework for AML/CFT based on FATF recommendations.
- Major banks in Japan, such as Mitsubishi UFJ Financial Group, are also members of international groups that promote AML/CFT measures.
Other Laws
- The Act on the Protection of Personal Information (APPI) requires financial institutions to obtain customer consent when providing personal data to third parties.
- The Whistleblower Protection Act protects employees from dismissal or other unfavorable treatment for reporting money laundering activities.