# Anti-Money Laundering and Anti-Terrorism Financing Act (AMLA)

> Malaysia's AMLA (Act 613) is the primary law against money laundering and terrorism financing. It imposes reporting duties on banks and other listed businesses, and gives enforcement agencies powers to freeze, seize and forfeit property, with Bank Negara Malaysia as the competent authority.

- Category: law
- Language: en
- Status: published
- Updated: 2026-08-07
- Canonical: https://negaraku.md/en/law/anti-money-laundering-act

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When a Malaysian bank flags a customer's transfer as "suspicious," a single statute decides what happens next — who must be told, how fast, and what powers the state can then bring to bear on the money. That statute is AMLA.

Formally, it is the **Anti-Money Laundering, Anti-Terrorism Financing, Anti-Restricted Activity Financing and Proceeds of Unlawful Activities Act 2001**, cited as **Act 613**. It came into force on **15 January 2002** and has been amended several times since; the most recent amendment, **Act A1761**, was gazetted on **14 May 2025** and came into force on **1 March 2026**. It sits at the centre of Malaysia's anti-money-laundering and counter-terrorism-financing (AML/CFT) regime.

## What does AMLA actually do?

At a high level, the Act does two distinct things.

First, it creates the **money-laundering offence** and defines the "serious offences" (predicate offences) that generate criminal proceeds — these are set out under section 3. A money-laundering offence under section 4 carries, on conviction, imprisonment for a term not exceeding **15 years**, together with a fine of **not less than five times** the value of the proceeds or instrumentalities involved, or **RM5 million**, whichever is higher.

Second, it builds a **preventive compliance system** that runs through the financial sector and beyond. It imposes reporting obligations on "reporting institutions" as a counter-measure to detect and deter money laundering and terrorism financing before proceeds can be moved or disguised.

Malaysia enacted AMLA to align with the international standards set by the **Financial Action Task Force (FATF)**, the global standard-setter for AML/CFT.

## Who is a "reporting institution"?

A reporting institution is any person — including their branches and subsidiaries — who carries on an activity listed in the Act's **First Schedule**. Bank Negara Malaysia groups these into three broad categories:

| Category | Examples |
| --- | --- |
| Financial institutions (FIs) | Licensed banks, investment banks, insurers |
| Non-bank financial institutions (NBFIs) | Money-services businesses, development financial institutions |
| Designated non-financial businesses and professions (DNFBPs) | Lawyers, accountants, company secretaries, trust companies, dealers in precious metals and stones, and licensed casinos |

The list is deliberately broad because money can be laundered through many channels, not only banks. As new sectors are drawn in, the First Schedule is updated rather than a new law being written.

## What must reporting institutions do?

The Act sets out a cluster of core obligations. Drawing on the statutory sections in the official Act text and Bank Negara's guidance, the main duties are:

- **Customer due diligence (CDD)** — identify and verify customers, understand the purpose of the relationship, and assess ML/TF risk (section 16).
- **Record keeping** — retain identification and transaction records for at least **six years** after the relationship ends or the transaction is completed (section 13).
- **Suspicious Transaction Reports (STRs)** — report transactions that appear unusual, have no clear economic purpose, or may involve unlawful proceeds (section 14).
- **Compliance programmes** — adopt, develop and implement internal policies, controls and a designated compliance officer (section 19).

Reports go to the **Financial Intelligence and Enforcement Department (FIED)** of Bank Negara Malaysia, which functions as Malaysia's financial intelligence unit. An STR is to be submitted by the next working day from when the compliance officer establishes the suspicion, through email, physical mail, or the Financial Intelligence System (FINS).

Separately, specified institutions — banking institutions, development financial institutions, Lembaga Tabung Haji, and licensed casinos — must file **Cash Threshold Reports (CTRs)** for cash transactions of **RM25,000 and above** in a day, submitted electronically via FINS.

## Who enforces it, and how?

The Minister of Finance has appointed **Bank Negara Malaysia (BNM)** as the **competent authority** under AMLA. In that role, BNM oversees how reporting institutions meet their obligations, facilitates enforcement of the Act, and cooperates with foreign financial intelligence units. For sectors with their own regulators, supervision can be shared with the relevant regulatory or supervisory authority.

Non-compliance carries administrative and criminal consequences. Bank Negara's published penalty schedule includes, among others:

- Breaches of certain record-retention, disclosure and false-information provisions (sections 14A, 17, 18): a fine not exceeding **RM3 million**, or imprisonment not exceeding **five years**, or both.
- Failure to comply with an enforcement requirement (section 22): a fine not exceeding **RM1 million**, or imprisonment not exceeding **three years**, or both, plus a continuing penalty of **RM3,000** per day.
- General offences where no specific penalty is prescribed (sections 14, 16, 19, 86): a fine not exceeding **RM1 million**.

## What are the freezing, seizure and forfeiture powers?

**Part VI** of the Act gives the state powers over property connected to a section 4 offence — the "follow the money" side of the regime.

- **Freezing (section 44).** An enforcement agency with reasonable grounds to suspect a money-laundering offence may issue an order freezing a person's property wherever it is held, and may take custody or control of it. A freezing order ceases to have effect after **90 days** if the person has not been charged.
- **Seizure of movable property (section 45).** In the course of an investigation, an investigating officer may — with approval from a senior officer — seize movable property reasonably suspected to be the subject matter of, or evidence relating to, the offence.
- **Public Prosecutor powers (sections 48–50).** The Public Prosecutor holds further authority, including directing the seizure of movable property such as monetary instruments where satisfied it is the subject matter of an offence.

Beyond these, Part VI provides for **forfeiture** of property through the courts along two routes: forfeiture **upon prosecution for an offence** (section 55), and forfeiture **where there is no prosecution** (section 56), the latter on application by the Public Prosecutor to the High Court. The Act pairs these powers with time limits (such as the 90-day cap on freezing orders) and good-faith safeguards for third parties.

## Where do the differing views lie?

Because AMLA touches both crime control and civil liberties, commentary tends to cluster around a few tensions, which this article states without endorsing any side:

- **Reach of the offence.** Some observers note that the broad definition of unlawful proceeds and the wide list of predicate offences give investigators significant scope; others argue that breadth is necessary to keep pace with evolving financial crime.
- **Property powers before conviction.** Freezing and seizure can bite before anyone is charged, and section 56 allows forfeiture without a prosecution. Supporters frame this as essential to stop assets from vanishing; critics raise concerns about the impact on individuals later cleared.
- **Compliance burden.** DNFBPs — smaller law firms, secretaries and dealers — have described the reporting and record-keeping duties as demanding, while regulators point to FATF alignment and systemic integrity as the rationale.

These are matters of ongoing legal and policy debate rather than settled questions, and specifics turn on the exact statutory wording and how courts apply it.

## What's next

For the authoritative text, consult Act 613 itself and Bank Negara Malaysia's AML/CFT portal, which publishes the current sector guidelines, reporting channels and penalty schedules. Note that the framework is not static: the 2025 amendment (Act A1761), in force from 1 March 2026, updated parts of the regime, so any detailed compliance question should be checked against the latest reprint of the Act and BNM's current policy documents. This entry is a neutral overview and is not legal advice; reporting institutions should verify their specific obligations with a qualified adviser or their supervisory authority.

## Sources

- The AMLA — Anti-Money Laundering / Countering Financing of Terrorism (AML/CFT) — https://amlcft.bnm.gov.my/web/amlcft/the-amla (Bank Negara Malaysia)
- Reporting to Bank Negara Malaysia (STR and CTR) — https://amlcft.bnm.gov.my/reporting-to-bnm (Bank Negara Malaysia)
- Penalties for Non-Compliance — https://amlcft.bnm.gov.my/penalties-for-non-compliance (Bank Negara Malaysia)
- Laws of Malaysia, Act 613 — Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (official reprint, full text) — https://www.sprm.gov.my/admin/files/sprm/assets/pdf/penguatkuasaan/amlatfpuaa-2001-akta-613-bi.pdf (Suruhanjaya Pencegahan Rasuah Malaysia (Malaysian Anti-Corruption Commission))
- Laws of Malaysia, Act 613 — Anti-Money Laundering Act 2001, Part VI (sections 44–50) — https://www.icj.org/wp-content/uploads/2013/03/Malaysia-Anti-Money-Laundering-Act-Articles-44-to-50-2001-2005-eng.pdf (International Commission of Jurists (reproducing the official Act text))
- Global AML Guide — Malaysia — https://ezine.eversheds-sutherland.com/global-aml-guide/malaysia (Eversheds Sutherland)

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