VISION IAS

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VALUE ADDITION MATERIAL – 2018

PAPER III: SECURITY

MONEY LAUNDERING

Copyright © by Vision IAS

All rights are reserved. No part of this document may be reproduced, stored in a retrieval system or transmitted
in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior
permission of Vision IAS

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 Student Notes:

MONEY LAUNDERING
Contents
1. Introduction ...........................................................................................................................2
1.1. Why is Money Laundered? ..............................................................................................2
1.2. How is Money Laundered? ..............................................................................................2
1.3. Various Techniques Used for Money Laundering ..............................................................3
1.4. Hawala and Money Laundering .......................................................................................3
1.4.1. Cryptocurrency: The New Hawala .............................................................................4
2. Impact of Money Laundering on Nation .................................................................................4
3. Prevention of Money Laundering ...........................................................................................5
3.1. Indian Mechanisms to Combat Money Laundering ..........................................................5
3.1.1. Prevention of Money Laundering Act, 2002 (PMLA) ..................................................5
3.1.2. Financial Intelligence Unit - India (FIU-IND) ...............................................................5
3.1.3. Enforcement Directorate...........................................................................................6
3.2. Global mechanisms to Combat Money Laundering: .........................................................6
3.2.1. Vienna convention ....................................................................................................6
3.2.2. The Council of Europe Convention ............................................................................6
3.2.3. Basel Committee’s Statement of Principles ...............................................................6
3.2.4. The Financial Action Task Force (FATF).......................................................................6
3.2.5. United Nations Global Programme Against Money Laundering (GPML) .....................7
3.2.6. Other Organization and Initiatives against Anti-Money-Laundering (AML).................7
4. Challenges in Prevention of Money Laundering ......................................................................8
5. Way forward ..........................................................................................................................8
6. Previous Years Vision IAS GS Mains Test Series Questions .......................................................9
7. Previous Years UPSC Questions.............................................................................................13
8. References ...........................................................................................................................13
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Copyright © by Vision IAS

All rights are reserved. No part of this document may be reproduced, stored in a retrieval
system or transmitted in any form or by any means, electronic, mechanical, photocopying,
recording or otherwise, without prior permission of Vision IAS

DELHI JAIPUR PUNE HYDERABAD AHMEDABAD LUCKNOW

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 Student Notes:

1. Introduction
As per OECD, “Money laundering is the process of concealing illicit gains that were generated
from criminal activity”. Prevention of Money-Laundering Act, 2002 defines the offence of
‘Money Laundering’ as, “Whosoever directly or indirectly attempts to indulge or knowingly
assists or knowingly is a party or is actually involved in any process or activity connected with
the proceeds of crime and projecting it as untainted property shall be guilty of offence of
money-laundering”.
In simple terms, Money laundering is the process of taking money earned from illicit activities,
such as drug trafficking or tax evasion, and making the money appeared to be earnings from
legal business activity.

1.1. Why is Money Laundered?

Illegal arms sales, smuggling, and other organized crime, including drug trafficking and
prostitution rings, can generate huge amounts of money. Corruption, embezzlement, insider
trading, bribery and computer fraud schemes can also produce large profits. The money
generated from such illicit activities is considered dirty and needs to be laundered to make it
look ‘clean’. The criminals need a way to deposit the money in financial institutions. Yet they
can do so if the money appears to come from legitimate sources. By successfully laundering the
proceeds, the proceeds can be made to appear ‘clean’ and the illicit gains may be enjoyed
without fear of being confiscated or being penalized.

1.2. How is Money Laundered?

Traditionally money laundering has been described as a process which takes place in three
distinct stages.
Placement Stage – At this stage
criminally derived funds are
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introduced in the financial

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system. This is the riskiest

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stage because of large amounts

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of cash involved which can

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catch the eyes of law

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enforcement agencies. So the

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launderer breaks large

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amounts of cash into less

conspicuous smaller sums that
are then deposited directly into
a bank account, or is used to
purchase monetary
instruments such as cheques, Figure: Process of Money Laundering
money orders etc.
Layering stage - It is the stage at which complex financial transactions are carried out in order
to camouflage the illegal source. In other words, the money is sent through various financial
transactions so as to change its form and make it difficult to follow. Layering may be done by
below mentioned ways:
• Several bank-to-bank transfers which may be in small amounts.
• Wire transfers between different accounts in different names in different countries.
• Making deposits and withdrawals to continually vary the amount of money in the accounts.
• Changing the money's currency.

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• Purchasing high-value items such as houses, boats, diamonds and cars to change the form
of the money.
• Disguising the transfers as payments for goods or services provided
Integration stage – This is the final stage at which the ‘laundered’ property is re-introduced into
the financial system as legitimate money. At this stage, the launderer might choose to invest the
funds into real estate, luxury assets, or business ventures. At this point, the launderer can use
the money without getting caught. It's very difficult to catch a launderer during the integration
stage if there is no documentation during the previous stages.

1.3. Various Techniques Used for Money Laundering

1. Structuring Deposits: This is a method of placement whereby cash is broken into smaller
deposits of money which is then exchanged by many individuals (known as “smurfs”) to
avoid anti-money laundering reporting requirements. This is also known as smurfing
because many individuals (the “smurfs”) are involved.
2. Shell companies: These are companies without active business operations. They take in
dirty money as "payment" for supposed goods or services but actually provide no goods or
services; they simply create the appearance of legitimate transactions through fake invoices
and balance sheets.
3. Third-Party Cheques: Counter cheques or banker’s drafts drawn on different institutions are
utilized and cleared via various third-party accounts. Since these are negotiable in many
countries, the nexus with the source money is difficult to establish.
4. Bulk cash smuggling: This involves physically smuggling cash to another jurisdiction and
depositing it in a financial institution, such as an offshore bank, with greater bank secrecy
or less rigorous money laundering enforcement.
5. Credit Cards : Clearing credit and charge card balances at the counters of different banks.
Such cards have a number of uses and can be used across international borders. For
example, to purchase assets, for payment of services or goods received or in a global
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network of cash-dispensing machines

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1.4. Hawala and Money Laundering

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The word "Hawala" means trust. Hawala is a system of transferring money and property in a
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parallel arrangement avoiding the traditional banking system. It is a simple way of money
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laundering and is banned in India.

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How it works?
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In a hawala transaction, no physical movement of cash is there. Hawala system works with a
network of operators called Hawaldars or Hawala Dealers. A person willing to transfer money,
contacts a Hawala operator (‘A’ in the figure) at the
source location who takes money from that person.
The Hawala operator then calls upon his counterpart
(‘B’) at the destination location who gives the cash
to the person to whom the transfer has to be made,
thus completing the transaction.
Status of Hawala in India
• Hawala is illegal in India, as it is seen to be a
form of money laundering.
• As hawala transactions are not routed through banks, the government agencies and the RBI
cannot regulate them.

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• In India, FEMA (Foreign Exchange Management Act) 2000 and PMLA (Prevention of Money
Laundering Act) 2002 are the two major legislations which make such transactions illegal.
Hawala network is being used extensively across the globe to circulate black money and to
provide funds for terrorism, drug trafficking and other illegal activities. Inspite of the fact that
hawala transactions are illegal, people use this method because of the following reasons:
• The commission rates for transferring money through hawala are quite low
• No requirement of any id proof and disclosure of source of income
• It has emerged as a reliable and efficient system of remittance
• As there is no physical movement of cash, hawala operators provide better exchange
rates as compared to the official exchange rates
• It is a simple and hassle free process when compared to the extensive documentation
being done by the banks
• It is the only way to transfer unaccounted income
1.4.1. Cryptocurrency: The New Hawala
• Cryptocurrency like Bitcoin provides absolute anonymity and facilitates terror financing
which was evident in the 2015 Paris terrorist attack.
• The Financial Action Task Force in Paris reported in 2015 that some terrorist websites
encouraged sympathisers to donate in bitcoins.
• After, demonetisation action by the Government of India in 2016, there was noticed a flood
of such digital transactions.
• This new Hawala has a potential to become an easy way to provide funds for terrorists and
other illegal activities.
• So, there is a need to have proper control over bitcoin in the interest of the economy and
the security of the country.

2. Impact of Money Laundering on Nation

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• Social Impact: It damages social institutions by following ways:

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o Transfers the economic power from the right people to the wrong
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o Increases income inequality

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o Loss of morality and ethical standards leading to weakening of social institutions

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o Increased unemployment as legitimate business companies fail to compete with

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operators operating through illegal money

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o Increased crime and corruption which slows down human development and thus
affecting societal progress
• Economic Impact:

Microeconomic impacts of money laundering are as following:

• Potential damage to reputation of financial institutions and market
• Destabilises economy of the country causing financial crisis
• Give impetus to criminal activities
• Policy distortion occurs because of measurement error
• Legitimate businesses lose when competing, as there is no fair competition involved
• Organised crime at local level can flourish.
• It also leads to higher cost of doing business.
Macroeconomic impacts of money laundering are as following:
• These include volatility in exchange rates and interest rates due to unanticipated transfers
of funds

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 Student Notes:

• Fall in asset price due to the disposition of laundered funds.

• Misallocation of resources in relative asset commodity prices arising from money
laundering activities
• Loss of confidence in markets caused by insider trading, fraud and embezzlement.
• Discourages foreign investors
• Other indirect economic effects are higher insurance premiums for those who do not make
fraudulent claims and higher costs to businesses therefore generating fewer profits which
make it difficult to break even.
• Due to such negative impact, policy makers have to face difficulty to devise effective
responses to monetary threats and it causes difficulties in the government efforts to
manage economic strategy.
All the above points would lead to artificial inflation, jobless growth, income inequality, poverty
etc. which culminates in the end to pose security challenges to the society.
• Political Impact
o Affects the Government’s capability to spend on development schemes thereby
affecting a large section of populations who could have benefitted from such spending
o Legislative bodies find it difficult to quantify the negative economic effects of money
laundering on economic development and its linkages with other crimes – trafficking,
terrorism etc. becomes

3. Prevention of Money Laundering

Anti-money laundering involves the laws and regulations designed to prevent criminals from
generating income through illegal activities. The government has become increasingly vigilant in
its effort to curb money laundering by passing anti-money laundering regulations. These
regulations require financial institutions to have systems in place to detect and report
suspected money laundering activities.
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3.1. Indian Mechanisms to Combat Money Laundering

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3.1.1. Prevention of Money Laundering Act, 2002 (PMLA)

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• It is a comprehensive law enacted by the Parliament of India to prevent money-laundering

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and to provide for confiscation of property derived from money laundering.

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• The Act and Rules notified thereunder impose obligation on banking companies, financial
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institutions and intermediaries to verify identity of clients, maintain records and furnish
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information in prescribed form to Financial Intelligence Unit – India (FIU-IND).

• It seeks to bring certain financial institutions like Full Fledged Money Changers, Money
Transfer Service and Master Card within the reporting regime of the Act.
• It adds a number of crimes under various legislations in Part A and Part B of the Schedule to
the Act for the purpose of money-laundering.
• In cases of cross-border money-laundering the Act enables the Central Government to
return the confiscated property to the requesting country in order to implement the
provisions of the UN Convention against Corruption.
• The Act prescribes for formation of a three-member Adjudicating Authority for dealing with
matters relating to attachment and confiscation of property under the Act.
3.1.2. Financial Intelligence Unit - India (FIU-IND)
• Financial Intelligence Unit – India (FIU-IND) was set by the Government of India as the
central national agency responsible for receiving, processing, analyzing and disseminating
information relating to suspect financial transactions.

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• FIU-IND is also responsible for coordinating and strengthening efforts of national and
international intelligence, investigation and enforcement agencies in pursuing the global
efforts against money laundering and related crimes.
• FIU-IND is an independent body reporting directly to the Economic Intelligence Council
(EIC) headed by the Finance Minister.
3.1.3. Enforcement Directorate
• It is a government agency responsible for enforcement of the Foreign Exchange
Management Act, 1999 (FEMA) and certain provisions under the Prevention of Money
Laundering Act (PML).
• The Directorate is under the administrative control of Department of Revenue for
operational purposes; the policy aspects of the FEMA, its legislation and its amendments
are within the purview of the Department of Economic Affairs.

3.2. Global mechanisms to Combat Money Laundering:

Since money laundering is an international phenomenon, transnational co-operation is of
critical importance in the fight against this menace. A number of initiatives have been taken to
deal with the problem at the international level. The major international agreements
addressing money laundering are as:
3.2.1. Vienna convention
It was the first major initiative in the prevention of money laundering held in December 1988.
This convention laid down the groundwork for efforts to combat money laundering by obliging
the member states to criminalize the laundering of money from drug trafficking. It promotes
international cooperation in investigations and makes extradition between member states
applicable to money laundering.
3.2.2. The Council of Europe Convention
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This convention held in 1990 establishes a common policy on money laundering to facilitate
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international cooperation as regards investigative assistance, search, seizure and confiscation

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of the proceeds of all types of criminality, particularly serious crimes such as drug offences,
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arms dealing, terrorist offences etc. and other offences which generate large profits. It sets out
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a common definition of money laundering and common measures for dealing with it.
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3.2.3. Basel Committee’s Statement of Principles

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In December 1988, the Basel Committee on Banking Regulations and Supervisory Practices
issued a statement of principles which aims at encouraging the banking sector to adopt
common position in order to ensure that banks are not used to hide or launder funds acquired
through criminal activities.
3.2.4. The Financial Action Task Force (FATF)
The FATF is an inter-governmental body established at the G7 summit at Paris in 1989 with the
objective to set standards and promote effective implementation of legal, regulatory and
operational measures to combat money laundering and terrorist financing and other related
threats to the integrity of the international financial system. It has developed a series of
Recommendations that are recognized as the international standards for combating money
laundering and the financing of terrorism. They form a basis for a co-ordinated response to
these threats to the integrity of the financial system and help ensure a level playing field.

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3.2.5. United Nations Global Programme Against Money Laundering (GPML)

GPML was established in 1997 with a view to increase effectiveness of international action
again money laundering through comprehensive technical cooperation services offered to
Governments. The programme encompasses following 3 areas of activities, providing various
means to states and institutions in their efforts to effectively combat money laundering.
Three further Conventions have been adopted for Money Laundering related crimes:
1. International Convention for the Suppression of the Financing of Terrorism(1999)
2. UN Convention against Transnational Organized Crime (2000)
3. UN Convention against Corruption (2003)
3.2.6. Other Organization and Initiatives against Anti-Money-Laundering (AML)
• International Money Laundering Information Network (IMoLIN)
o IMoLIN is an Internet-based network assisting governments, organizations and
individuals in the fight against money laundering and administered by UN office on
Drugs and Crime.
o It provides with an international database called Anti-Money Laundering International
Database (AMLID) that analyses jurisdictions' national anti-money laundering
legislation.
• Wolfsberg AML Principles
o This gives eleven principles as an important step in the fight against money laundering,
corruption and other related serious crimes.
o Transparency International (TI), a Berlin based NGO in collaboration with 11
International Private Banks under the expert participation of Stanley Morris and Prof.
Mark Pieth came out with these principles as important global guidance for sound
business conduct in international private banking.
o The importance of these principles is due to the fact that it comes from initiative by
private sector.
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o The Wolfsberg Principles are a non-binding set of best practice guidelines governing
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the establishment and maintenance of relationships between private bankers and

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clients.
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Egmont Group of Financial Intelligence Units

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o The Egmont Group is the coordinating body for the international group of Financial
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Intelligence Units (FIUs) formed in 1995 to promote and enhance international

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cooperation in anti-money laundering and counter-terrorist financing.

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o The Egmont Group consists of 108 financial intelligence units (FIUs) from across the
world. Financial intelligence units are responsible for following the money trail, to
counter money laundering and terrorism financing.
o FIUs participating in the Egmont Group affirm their commitment to encourage the
development of FIUs and co-operation among and between them in the interest of
combating money laundering and in assisting with the global fight against terrorism
financing.
• Asia-Pacific Group on Money Laundering (APG)
o The Asia/Pacific Group on Money Laundering (APG) is an international organisation
consisting of 38 member countries/jurisdictions and a number of international and
regional observers including the United Nations, IMF and World Bank.
o All APG members commit to effectively implement the FATF's international standards
for anti-money laundering and combating financing of terrorism referred to as the
40+9 Recommendations. Part of this commitment includes implementing measures
against terrorists listed by the United Nations in the "1267 Consolidated List”.

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4. Challenges in Prevention of Money Laundering

Various measures taken by India against money laundering has not been completely successful.
It is also evident from the fact that, the PMLA act has witnessed only one conviction since its
enactment in 2002. Various challenges faced in effective implementation of anti-money
laundering efforts are following-
• Fast pace of change in technology including cyber technologies creates problems of
tracking money launderers. The enforcement agencies have failed to match such a high rate
of growth.
• Lack of awareness about the seriousness of Money Laundering in common people due to
which they continue to use Hawala system offering fewer complexities and formalities
• Failure of Banks to effectively implement KYC norms as stipulated by the RBI
• A number of black market channels sell imported smuggled goods and they deal in cash
transactions and avoid custom duties thus generating black money.
• Multiplicity of agencies dealing with money laundering, cyber crimes, terrorist crimes,
economic offences etc. Such agencies lack convergence among themselves which is
required to tackle multi-facet and global nature of money laundering
• Many Tax Haven countries exist which allows the creation of anonymous accounts with
strict financial secrecy laws prohibiting the disclosure of financial information to foreign tax
authorities.
• The provision of financial confidentiality in other countries which are unwilling in
compromising with this confidentiality.

5. Way forward
• Implement procedures for Anti Money Laundering provisions as envisaged under the
Prevention of Money laundering Act, 2002. Such procedures should include inter alia, the
following three specific parameters which are related to the overall 'Client Due Diligence
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Process:
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o Policy for acceptance of clients.

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o Procedure for identifying the clients.

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o Transaction monitoring and reporting especially suspicious transactions

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• Bankers also has vital role and without their involvement, the operation cannot be
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successful.
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The global nature of money laundering requires international law enforcement cooperation
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to effectively examine and accuse those that initiate these complex criminal organizations.
• Money laundering must be combated mainly by penal ways and within the frameworks of
international cooperation among judicial and law enforcement authorities.
• There is a need to draw a line between financial confidentiality rules in various financial
institutions and these institutions becoming money laundering havens.
• To have effective anti-money laundering measures there need to be a proper coordination
between the Centre and the State. The FATF Recommendations set out a comprehensive
and consistent framework of measures which countries should implement in order to
combat money laundering and terrorist financing, as well as the financing of proliferation of
weapons of mass destruction. Some of them are as
o Identify the risks, and develop policies and domestic coordination.
o Countries should criminalise money laundering on the basis of the Vienna Convention
and the Palermo Convention. Countries should apply the crime of money laundering to
all serious offences, with a view to including the widest range of predicate offences.

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o Countries should implement targeted financial sanctions regimes to comply with United
Nations Security Council resolutions relating to the prevention and suppression of
terrorism and terrorist financing.
o Countries should review the adequacy of laws and regulations that relate to non-profit
organisations which the country has identified as being vulnerable to terrorist financing
abuse.
o Apply preventive measures for the financial sector and other designated sectors.
o Countries should ensure that financial institution secrecy laws do not inhibit
implementation of the FATF Recommendations.
o Financial institutions should be required to maintain, for at least five years, all
necessary records on transactions, both domestic and international, to enable them to
comply swiftly with information requests from the competent authorities.
o Establish powers and responsibilities for the competent authorities (e.g., investigative,
law enforcement and supervisory authorities) and other institutional measures.
o Enhance the transparency and availability of beneficial ownership information of legal
persons and arrangements.
o Facilitate international cooperation to ensure that their competent authorities can
rapidly, constructively and effectively provide the widest range of international
cooperation in relation to money laundering, associated predicate offences and
terrorist financing.
Therefore, to have an effective anti-money laundering regime, nations need to think regionally,
nationally and globally to mitigate internal security threat associated with it.

6. Previous Years Vision IAS GS Mains Test Series Questions

1. Any counter-terrorism strategy can succeed only if sources of terrorist funding are
blocked by efficient financial regulation. In light of the statement discuss the need for
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an efficient legal framework to combat terror financing in India and steps taken by
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the government in this regard.

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Approach:
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Question must be answered in two parts

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Stress on the need for legal framework to tackle terrorist financing.

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Enumerate the steps taken by government to block the financing routes.

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Answer:
Terrorism finance (TF) has been termed as the lifeblood of terrorism, one of the most
important factors sustaining its continuing threat, both from within and without.
Need for legal framework to combat terrorist financing-:
• Prevention and early detection is at the core of government threat mitigation
efforts. Preventing terrorists from raising, moving, placing and using funds is central
to this effort. Government must deprive terrorists of their enabling means, which
includes financial support, by expanding and enhancing efforts aimed at blocking
the flow of financial resources to and among terrorist groups and to disrupt
terrorist facilitation and support activities, pursuing prosecutions to enforce
violations and dissuade others.
• Efficient legal framework helps in checking activities that generate funds for
terrorist activities like drug trafficking, human trafficking, arms smuggling and range
of the activities. In India we have numerous legal instruments to block the sources.

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 Student Notes:

Prevention of Money Laundering Act, 2002 (PMLA), the Narcotic Drugs and
Psychotropic Substances Act, 1985 (NDPS Act) and Unlawful Activities (Prevention)
Act, 1967 (UAPA) are some of the legislations that are aimed at blocking the
activities that produce funds for terrorist activities.
• However, these legislations need changes in light of the best international
practices. PMLA needs changes. It must expand the list of financial institutions
under scrutiny list, non-business entities must be under the PMLA supervision and
the agencies working to investigate cases must get access to information for
effective implementation. To secure compliance to PMLA rules, sanctions under the
act must be harsh to check evasion.
• The Financial Intelligence Unit, India (FIU-IND), as an independent body is
responsible for coordinating and strengthening efforts of national and international
intelligence, investigation and enforcement agencies in pursuing the global effort
against money laundering, terrorist financing and related crimes. They need
Protection from criminal and civil proceedings for breach of restrictions and
disclosure of the information during investigation.
Steps taken by Government:
• India has joined as the 34th member of Financial Action Task Force (FATF). FATF
membership is important as it will help India to build the capacity to fight terrorism
and trace terror funds and to successfully investigate and prosecute money
laundering and terrorist financing offences.
• PMLA has been amended in 2013 to overcome the difficulties being faced in its
enforcement and to conform to international standards. The definition of money
laundering has been expanded, new category entities is created to include non-
financial businesses. Sanctions are substantially increased in the amended act along
with the removal of upper limit on the fine.
• Amended act provides empowers the FIU to seek compliance to the PMLA and
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greater protection during investigation of cases.

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UAPA Act amended in 2013, adds to the efficiency of existing framework and meets
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standards set by FATF. Amended act terms production smuggling and circulation of
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counterfeit currency as terrorist act. It expands the ambit of act by including

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companies, trusts and societies for investigation.

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India’s serious commitment to combating terrorism in all its forms is acknowledged

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internationally. From a law enforcement perspective, this commitment is reflected in an

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active pursuit of the financial aspects of terrorism.

2. India has put in place stringent rules to tackle money laundering. The growing
challenge is compliance to the Anti-Money Laundering legislations. What are the
various constraints in compliance to legislations?
Approach:
• Briefly explain the Anti-Money Laundering (AML) framework in India.
• Enumerate the constraints in the given framework to tackle money laundering.
Answer:
Money Laundering is a global phenomenon being employed by launderers worldwide
to conceal criminal activities associated with it such as drugs, arms, human trafficking,
terrorism and extortion, smuggling, financial frauds, corruption etc.

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• The Financial Intelligence Unit - India (FIU-India) is the nodal agency in India for
managing the AML ecosystem and has significantly helped in coordinating and
strengthening efforts of national and international intelligence, investigation and
enforcement agencies in pursuing the global efforts against money laundering and
related crimes; while the Prevention of Money Laundering Act (PMLA), forms the
core framework for combating money laundering in the country.
There are many a key constraints which need to be addressed to implement an
effective AML regime in India. Some of the key constraints are as follows:
• Unlike relatively mature regulatory countries, Indian AML regulations are being
viewed as a compliance tool by the financial services community rather than as a
risk management tool. Hence the objective has been basic compliance rather than
using it as a risk management practice.
• Lack of adequate number of skilled and certified AML workforce is also a big
operational challenge. Unawareness about the grave problem of money-laundering
among the common people and dealing staff is also an impediment in having a
proper AML regime.
• AML compliance brings a huge financial burden on the financial institution. To keep
up with the regulatory environment, sound investments are required in customer
due diligence, customer identification and acceptance procedures, monitoring
suspicious transactions and related AML processes and procedures.
• Absence of comprehensive enforcement agency to tackle exclusively cases of
money-laundering. Separate wings of various law enforcement agencies are dealing
with digital crimes, money laundering, economic offences and terrorist crimes.
These agencies lack convergence on matters of money-laundering. The Special
Investigation Team (SIT) on black money recommended an integrated system of
investigations into black money.
• Technical shortcomings in the criminalisation of both money laundering and
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terrorist financing and in the domestic framework of confiscation and provisional

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measures.
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• Despite all available infrastructures through government bodies, the onus of AML
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implementation mostly lies with financial institutions. Most institutions see it as a

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financial and operational burden. Depending on the size and different lines of
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business for a given financial institution, the scope of a given AML programme can
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vary significantly. A lack of clarity over compliance and tighter timelines can result
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in ad hoc implementation of AML processes rather than a long-term, strategic

solution.
• Another significant issue is lack of enforcement. Despite the laws that criminalise
money laundering and empower authorities to confiscate assets, prosecutions and
convictions have been few and the rate of confiscation is low. Based on the
findings, the SIT has recommended to the government stricter enforcement of tax
laws and expediting pending prosecutions. Government records revealed that over
8,000 prosecution cases pertaining to direct tax laws had been pending for the past
several years. Nearly 5,000 other cases had been pending before lower courts for
over a decade in Mumbai alone.
India has a long way to go before we can match the efforts of developed countries in
the area of AML. The government needs to take more effective action and generate a
grassroots-level focus amongst financial institutions. It is difficult to implement control
over money laundering activities without support from legislative and executive bodies.

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 Student Notes:

3. Over the years, laws dealing with money laundering have proved to be less than
effective. Briefly discuss the statement in the context of government's proposal to
make money laundering a separate criminal offence. Also enumerate the
recommendations made by FATF to combat money laundering.
Approach:
• In the introduction briefly highlight the seriousness of money laundering and then
proceed to delineate laws dealing with money laundering.
• Briefly discuss arguments regarding there ineffectiveness.
• Link the above discussion with the new proposal to deal money laundering as a
separate criminal offence.
• Lastly, enumerate FATF recommendations.
• Conclude by highlighting the progress made by India in combating money
laundering.
Answer:
Money laundering is the process of transforming illegally gained money or proceeds of
crime into legitimate money and assets. It helps in flourishing organised crime and has
debilitating impact on economy as well as society of any country. To curb this menace,
India has brought several laws over the years such as:
• The Conservation of Foreign Exchange and Prevention of Smuggling
Activities Act, 1974 (COFEPOSA)
• The Smugglers and Foreign Exchange Manipulators Act, 1976 (SAFEMA)
• Foreign Exchange Regulation Act, 1973 (FERA)
• Prevention of Money Laundering Act, 2002 (PMLA)
The PMLA 2002 is comprehensive legislation aiming to prevent money laundering and
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to provide for confiscation of property derived from money laundering. However, it has
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not been effective in prevention of money laundering from India. The law has seen only
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one conviction in 15 years of its history. To make anti-money laundering measures more
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effective, union government has proposed making money laundering a separate

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criminal offence.
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With this, the money laundering offence will be investigated by the Enforcement
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Directorate, irrespective of a probe by other agencies. This will facilitate quick action.
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Under the current arrangement in India, the fate of money laundering cases depends
on the probe and prosecutions in predicate offences pursued by primary agencies.
These restrictions cause impediments in taking the money laundering cases to their
logical conclusion.
It will also align India’s quest against money laundering with best practices around the
world. Several countries such as the United Kingdom have defined it as a separate
criminal offence.
However, the government will have to bring about several amendments to the PMLA,
including the current definition of the “proceeds of crime” that is right now dependent
upon the predicate offences as listed in the Act’s schedule.
FATF’s key recommendations
• Identify, assess and take effective action to mitigate their money laundering
and terrorist financing risks.

DELHI JAIPUR PUNE HYDERABAD AHMEDABAD LUCKNOW

12 www.visionias.in # 8468022022 ©Vision IAS
 Student Notes:

• Countries should have anti-money laundering policy and should designate an

authority that is responsible for such policies.
• Criminalise on the basis of the Vienna Convention and the Palermo Convention.
• Enable competent authorities to confiscate property and proceeds from money
laundering.
• Ensure that financial institution secrecy laws do not inhibit implementation of these
measures.
• Prohibit financial institutions from keeping anonymous accounts.
• Require financial institutions to maintain all records on transactions.
• Money transfer services providers should be licensed or registered.
• Identify risks that may arise with development of new technologies.
• Ensure that financial institutions monitor wire transfers.
• Ensure that FIs’ foreign branches and subsidiaries apply these measures.
• Apply appropriate countermeasures when called upon to do so by FATF.
• Financial Institutions should report suspicious transaction to FIUs.
• Establish financial intelligence unit (FIU).
• Ensure that designated law enforcement authorities have responsibility for
money laundering and terrorist financing investigations.
• Take immediate steps to become party to important global conventions framed to
combat money laundering.
• Provide mutual legal assistance in relation to money laundering.
• Effectively execute extradition requests in relation to money laundering and
terrorist financing.

7. Previous Years UPSC Questions

1. Money laundering poses a serious threat to country’s economic sovereignty. What is its
significance for India and what steps are required to be taken to control this menace?
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(2013)
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8. References
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•
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http://www.nja.nic.in/4.1.%20Paper-
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%20Money%20Laundering_1_%20Paridhi%20Saxena.pdf
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• http://www.fatf-gafi.org/publications/methodsandtrends/documents/role-hawalas-in-ml-
je
hi

tf.html
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• http://www.business-standard.com/article/current-affairs/why-no-one-has-gone-to-jail-for-
money-laundering-116061100602_1.html
• http://blogs.economictimes.indiatimes.com/et-commentary/bitcoin-the-new-hawala/
• http://www.igidr.ac.in/conf/money/mfc-11/Singh_Vijay.pdf
• http://www.thehindu.com/news/national/money-laundering-may-be-made-criminal-
offence/article18279241.ece
• http://timesofindia.indiatimes.com/business/india-business/first-money-laundering-
conviction-ex-min-jailed-for-7-yrs/articleshow/56890458.cms
• http://www.fatf-
gafi.org/media/fatf/documents/recommendations/pdfs/FATF_Recommendations.pdf

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