In order to bring you the best possible user experience, this site uses Javascript. If you are seeing this message, it is likely that the Javascript option in your browser is disabled. For optimal viewing of this site, please ensure that Javascript is enabled for your browser.
 
Search

Anti Money-Laundering

Anti Money-Laundering

 

 

“Money-laundering” is the result of a property and capital transaction that originates in crime, which is camouflaged and implanted into the financial economic system, thus becoming “legal” prima facie. A person wishing to launder money does so in order to conceal the source of the property or the identity of its owner, with the prima facie purpose of disconnecting the money from the forbidden activity from which it was obtained. 

 

The technological advances of the financial systems in the world, and the facilitation of transferring money in international markets have also facilitated matters for those who attempt money-laundering. Therefore, money that was obtained by felonious transactions such as drug trafficking, illegal arms dealing, human slavery, gambling, management offenses etc. could make its way into bank accounts dispersed globally. The method is almost always identical and executed in two stages:

 

1. Depositing the money (usually in cash) in a bank account while camouflaging the source and identity of the owner.

 

2. Later an “innocent” financial transaction is usually conducted: exchanging currency, acquiring financial assets, transferring to other banks or to other countries. 

Once the source of the money has been blurred, the money appears to be legitimate. It is concealed in the economic system, does not arouse suspicion and it is well—suited for additional use.

 

The crime-fighting authorities in many countries e.g.: The United States and Canada, Britain, European countries, Australia, Japan and additional countries have reached the consensus that blocking the possibility for felons to “launder” and ”purify” their money is an important means in the struggle against terror organizations, drug crimes and the various types of organized crime. In order to promote the success of this issue, many countries throughout the world have agreed that international standards and legislation that would enable cooperation between governments, law enforcement authorities and the financial institutions are essential.

 

The first International convention for cooperation against money laundering (FATF) was signed at the end of the 1980s. As a result of the convention, an international task force was established in Paris for coordinating cooperation in this matter. Recently Israel became a full partner in this global struggle against terror and money laundering.

 

There are many ways to launder money and its prevention is complicated. In view of the dangers involved in money-laundering such as upsetting the stability of political, economic and social systems in democratic countries and even endangering human life, it is of the utmost importance that the struggle against this phenomenon should continue with all the means at our disposal.

 

 

For additional information, you may click on the following links:

 

 

The reporting requirement

The Reporting Requirement

 

Amongst the obligations imposed on the banks within the framework of the law’s provisions, is their obligation to report transactions in customers' accounts to the Israel Money Laundering Prohibition Authority at the Ministry of Justice.

 

 A Report According to the Size of the Transaction – Automatic Reporting

 

Automatic reporting, without the bank's discretion, on certain types of transactions, with a higher value then the prescribed sum. Reference is not to transactions that are suspected of being connected to money-laundering, but in view of the experience accumulated in other countries, the Legislature has decided that they should be examined by the authority at the Ministry of Justice. Following are a number of examples:

 

  • A cash deposit or withdrawal in NIS or forex, equal to or exceeding NIS 50,000, whether the transaction is conducted in a customer's account or not. For example, a cash deposit of NIS 50,000 for the purposes of transferring forex overseas (in case of a cash deposit or withdrawal not through an account, to an at-risk country – commencing from NIS 5,000).

 

  • Changing or converting cash in the sum of NIS 50,000 or more in Israeli or foreign currency.

 

  • Transferring a sum equal in value to at least NIS 1,000,000 from Israel to overseas or from overseas to Israel through a bank account (unless there is import/export of merchandise transaction related documentation). In the aforementioned transactions with at-risk countries – commencing with a sum of NIS 5,000.

 

 Reporting on Irregular Transactions

 

The banks are obliged to report to the authority of any additional customers’ transactions, which appear to the bank as irregular, in the light of the available information. I.e. if they deviate from the regular transaction patterns in the account. Following are several examples:

 

  • A withdrawal of cash or securities adjacent to the date of their deposit, which is not within the framework of regular business procedure and without any obvious reason.

 

  • Frequent use of a safety-deposit box by a number of people without any obvious reason.

 

  • A transaction in the account that appears to be intended to bypass the obligation of reporting according to the size of the transaction, such as a series of deposits/withdrawals in sums slightly lower than the threshold of reporting according to the size of a transaction.

 

  • The bank suspects that the account owner is managing an account for a third party without declaring so.

 

  • A transaction with an exceptional volume or that constitutes a substantial change in the account's balance, without any obvious reason.

 

 

 

Deciding to report a transaction as “irregular” is not a flippant matter and shall be executed by the bodies authorized for this in the bank.

 

 Questions and answers for explaining the aspects of the report

 

Disclaimer

 

The information on this website is for explanative purposes only. It is not to be construed as a legal opinion and/or cannot be used in the framework of any legal processes.