Anti-money laundering law ambit widened: A look at the changes

The Indian government has widened the ambit of its anti-money laundering law by bringing in new reporting entities, and changed the way financial transactions are recorded, giving more powers to authorities. The changes seek to make the framework ...

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In March, the govt amended rules under the PMLA.
India has widened the ambit of anti-money laundering law by bringing in new reporting entities, and changed the way financial transactions are recorded, giving more powers to authorities as it prepares for a review by Financial Action Task Force (FATF) in November. The changes seek to make the framework more effective & compliant. ET looks at the changes:

MORE TEETH TO AUTHORITIES
  • Enforcement Directorate given more powers
  • Agency empowered to carry out search, seizure without notice
  • Imprisonment up to seven years
  • Power to impose fine without upper limit
  • Can seize and attach properties, including virtual currencies …

...TO ADMINISTER EXPANDED PMLA REGIME

A: MORE REPORTING ENTITIES
More entities brought under the PMLA reporting framework:.
These are:
  1. Chartered accountants, company secretaries, cost work accountants
  2. Directors, secretaries of cos, partners of firms
  3. Intermediaries in casinos and crypto or virtual digital assets
  4. Trustees of express trusts, nominee shareholders
  5. People arranging addresses, trustees for businesses
  6. Individuals helping in formation of a company

B. MORE TRANSACTIONS & INCREASED DISCLOSURES
  1. Lowered threshold of beneficial ownership to 10% from 25%
  2. More disclosure of beneficial owners apart from KYC
  3. More disclosure for non-profit organisation
  4. Widened definition of ‘politically exposed persons

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C. NUMBER OF ACTIVITIES COVERED BROADENED
  1. Buying and selling any immovable property on behalf of someone
  2. Managing client money, securities, or other assets
  3. Management of bank, savings, or securities accounts
  4. Organisation of contributions for creation, operation, or management of companies

INDIA GEARS UP FOR FATF EVALUATION
  • FATF to review India’s anti money laundering framework
  • Review of compliance as per 40 FATF recommendations
  • Last FATF peer review was carried out in 2010
  • Review to be discussed at FATF June ’24 meet

INDUSTRY APPREHENSIVE ABOUT CHANGES
  • Says new norms will substantially enhance compliance burden
  • Fears prosecution under PMLA for even small lapses
  • These are seen as putting a strain on resources of smaller firms
  • TOO MUCH POWER to enforcement agencies
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