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Banking & Financial AwarenessHard

Under the PMLA, how long must a reporting entity preserve records of the transactions it is required to report?

  1. A.Three years from the date of the transaction
  2. B.Five years from the date of the transaction
  3. C.Eight years from the date of the transaction
  4. D.Fifteen years from the date of the transaction

Correct answer

B. Five years from the date of the transaction

Explanation

The correct answer is B, five years from the date of the transaction. Section 12 requires every reporting entity to maintain a record of all transactions of the prescribed nature and value for a period of five years from the date of the transaction between the client and the entity, and to maintain records of the identity of its clients for five years after the business relationship ends or the account is closed. The records must allow an individual transaction to be reconstructed if an authority calls for it. Option A is wrong because three years is shorter than the statutory period and would leave the trail cold in long investigations. Option C is wrong because eight years is not prescribed anywhere in the Act or the rules. Option D is wrong because fifteen years is far longer than required; the earlier law prescribed ten years, which was reduced to five by amendment.

Read the full article: Anti-Money Laundering in India: PMLA, ED and FIU-IND

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Q1.Banking & Financial AwarenessEasy

The three stages of money laundering, in order, are

  1. A.Layering, placement and integration
  2. B.Placement, layering and integration
  3. C.Integration, placement and layering
  4. D.Placement, integration and layering
Show answer
Correct answer: B. Placement, layering and integration

Explanation

The correct answer is B, placement, layering and integration. Placement comes first because the criminal must get cash into the financial system, which he does through small deposits, the purchase of bearer instruments or by mixing the cash with the takings of a shop or a petrol pump. Layering comes next, moving the money through many accounts, shell companies, offshore jurisdictions and paper transactions so that the audit trail is broken. Integration comes last, when the money reaches the owner looking lawful, as property, a business profit or a loan repayment. Option A is wrong because layering cannot precede placement; there is nothing in the system to layer until the cash has been placed. Option C is wrong because integration is the final stage by definition, the point at which the laundering has succeeded. Option D is wrong for the same reason: integration cannot come before layering, since it is layering that makes the money appear clean enough to be integrated.

Q2.Banking & Financial AwarenessMedium

The Prevention of Money Laundering Act of India came into force in which year?

  1. A.2002
  2. B.2003
  3. C.2005
  4. D.2012
Show answer
Correct answer: C. 2005

Explanation

The correct answer is C, 2005. The Prevention of Money Laundering Act was passed by Parliament in 2002 and is numbered as an Act of that year, but it was brought into force only on the first of July 2005, together with the Prevention of Money-laundering Maintenance of Records Rules of 2005, which set out the reporting duties of banks. Candidates must keep the two dates apart because papers ask for either one. Option A is wrong because 2002 is the year of enactment, the year that appears in the short title of the Act, not the year of commencement. Option B is wrong because 2003 is the year the Act received the assent of the President, in January of that year. Option D is wrong because 2012 is the year of a major amendment, which widened the definition of the proceeds of crime and removed the earlier monetary threshold for some scheduled offences; later amendments followed in 2019.

Q3.Banking & Financial AwarenessEasy

Which agency investigates and prosecutes offences under the Prevention of Money Laundering Act?

  1. A.Financial Intelligence Unit India
  2. B.Enforcement Directorate
  3. C.Central Bureau of Investigation
  4. D.Reserve Bank of India
Show answer
Correct answer: B. Enforcement Directorate

Explanation

The correct answer is B, the Enforcement Directorate. The Directorate, which works under the Department of Revenue in the Ministry of Finance and traces its origin to the Enforcement Unit set up on the first of May 1956, registers cases under the Act, attaches property provisionally, arrests, and files prosecution complaints in the Special Court. It also enforces the Foreign Exchange Management Act and the Fugitive Economic Offenders Act. Option A is wrong because the Financial Intelligence Unit only receives, processes, analyses and disseminates reports from banks; it has no power to arrest or prosecute. Option C is wrong because the Central Bureau of Investigation investigates the predicate or scheduled offence, such as corruption or cheating, and the money laundering case that follows is taken up by the Enforcement Directorate. Option D is wrong because the Reserve Bank supervises compliance by banks and may penalise them, but does not prosecute laundering.

Q4.Banking & Financial AwarenessMedium

The Financial Intelligence Unit India was set up in which year?

  1. A.1996
  2. B.2002
  3. C.2004
  4. D.2010
Show answer
Correct answer: C. 2004

Explanation

The correct answer is C, 2004. The Financial Intelligence Unit India was set up by the Government of India in November 2004 as the central national agency to receive, process, analyse and disseminate information about suspect financial transactions. It is the national hub of financial intelligence, works under the Department of Revenue in the Ministry of Finance and reports to the Economic Intelligence Council, which the Union Finance Minister chairs. Option A is wrong because no such unit existed in 1996; the law that created the reporting system had not yet been passed. Option B is wrong because 2002 is the year the Prevention of Money Laundering Act was enacted, two years before the unit was set up and three years before the Act came into force. Option D is wrong because 2010 is the year India became a full member of the Financial Action Task Force, by which time the unit had been working for six years.

Q5.Banking & Financial AwarenessMedium

Under the rules framed under the PMLA, a bank must file a Cash Transaction Report for cash transactions in an account exceeding

  1. A.One lakh rupees in a month
  2. B.Five lakh rupees in a month
  3. C.Ten lakh rupees in a month
  4. D.Fifty lakh rupees in a month
Show answer
Correct answer: C. Ten lakh rupees in a month

Explanation

The correct answer is C, ten lakh rupees in a month. Under the Prevention of Money-laundering Maintenance of Records Rules of 2005, a reporting entity must report all cash transactions of a value of more than ten lakh rupees, or their equivalent in foreign currency, and all series of integrally connected cash transactions that together exceed that amount within a month. The report goes to the Financial Intelligence Unit by the fifteenth day of the following month. Option A is wrong because one lakh rupees is not a reporting threshold under these rules, although banks watch such amounts internally for risk profiling. Option B is wrong because five lakh rupees is the threshold for a cross-border wire transfer report, not a cash transaction report. Option D is wrong because fifty lakh rupees is not a threshold under these rules at all; mixing up these three figures is the usual error in this question.