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Lao People’s Democratic Republic
Peace Independence Democracy Unity Prosperity
National Assembly No. 64 /NA
Vientiane Capital, dated 01 July 2024
Law on
Anti-Money Laundering and Counter-Financing of Terrorism (Amended)
Part I
General Provision
Article 1 (amended) Objective
This law sets the principles, regulations and measures relating to the management
and monitoring the prevention and combating money laundering and financing of terrorism
in order to make them efficient with an aim to combat, prevent, curb and eliminate such
offences, create a strong and sound economic and financial system, harmonious and orderly
society, facilitate regional and international integration, and to contribute to the national
socio-economic development.
Article 2 (amended) Anti-Money Laundering and Counter-Financing of Terrorism
The anti-money laundering and counter-financing of terrorism is an act of natural
persons, legal persons and organizations domestically and internationally that are directly
tasked to finding, combating, preventing, curbing, and eliminating money laundering and
financing of terrorism which is an offence that endangers national security, causes damages
to the national socio-economic.
Article 3 (amended) Definitions
The terminologies used in this law have the following meaning:
- Terrorist shall mean any natural person who commits, or attempts to commit,
terrorist acts by any means, directly or indirectly, unlawfully and willfully; participates as an
accomplice in terrorist acts; organizes or directs others to commit terrorist acts; or contributes
to the commission of terrorist acts by a group of persons acting with a common purpose
where the contribution is made intentionally and with the aim of furthering the terrorist act
or with the knowledge of the intention of the group to commit a terrorist act;
- Terrorist organization shall mean any terrorist group who commits, or attempts
to commit, terrorist acts by any means, directly or indirectly, unlawfully and willfully;
participates as an accomplice in terrorist acts; organizes or directs others to commit terrorist
acts; or contributes to the commission of terrorist acts by a group of persons acting with a
common purpose where the contribution is made intentionally and with the aim of
furthering the terrorist act or with the knowledge of the intention of the group to commit a
terrorist act;
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3. Funds shall mean money or properties in all forms corporeal or incorporeal,
tangible or intangible, movable or immovable properties, all financial documents or bearer
negotiable instruments of all forms either in electronic or digital format, certificates of
ownership or all forms of legal documents or instruments evidencing title to or interest in.
This includes but is not limited to property of any kind, financial assets, natural resources,
such as funds or other assets including but not limited to bank credits, travelers checks,
bank cheques, money orders, shares, securities, bonds, drafts and letters of credit and any
interest, dividends or other income on or value accruing from or generated by such funds
or assets and any other assets which may potentially be used to obtain goods, funds or
services;
4. Financed funds shall mean funds or properties which natural persons, legal
persons or organizations supply or use or attempt to be used in the acts of terrorism;
5. Virtual Assets refer to a digital representation of value that can be digitally
traded, or transferred, and can be used for payment or investment purposes. Virtual assets
do not include digital representations of fiat currencies, securities and other financial
assets that are already covered elsewhere under related law of the Lao PDR;
6. Virtual Asset Service Provider shall mean any natural or legal person who is not
covered elsewhere under related law of the Lao PDR and as a business conducts one or
more of the following activities or operations for or on behalf of another natural or legal
person: exchange between virtual assets and fiat currencies; exchange between one or more
forms of virtual assets; transfer of virtual assets; safekeeping and/or administration of
virtual assets or instruments enabling control over virtual assets; and participation in and
provision of financial services related to an issuer’s offer and/or sale of a virtual asset;
7. Transaction refers to services provided by reporting entities to their customers
including banking, insurance, securities, precious metals, virtual assets and etc;
8. Beneficial Ownership refers to the natural person(s) who ultimately owns or
controls a customer and/or the natural person on whose behalf a transaction is being
conducted. It also includes those natural persons who exercise ultimate effective control
over a legal person or legal arrangement;
9. Politically Exposed Persons refer to foreign politically exposed persons, state
officials, and officials of international organizations;
10. Foreign Politically Exposed Person includes individuals who are or have been
entrusted with prominent public functions by a foreign country, for example Heads of State
or of government, senior politicians, senior government, judicial or military officials,
senior executives of state- owned corporations, important political party officials;
11. State officials include public servants, military officers, police who are or have
been entrusted with prominent public functions and play a crucial role in the Lao PDR,
including members of the board of directors or the management of state-owned enterprises
or state-holding joint venture;
12. International Organization Officials refer to persons who are or have been
entrusted with a prominent function by an international organization includes members of
senior management, i.e. directors, deputy directors and members of the board or equivalent
functions;
13. Shell banks shall mean a bank that has no physical presence in the country in
which it is incorporated and licensed, and which is unaffiliated with a regulated financial
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group that is subject to effective consolidated supervision;
14. Correspondent banking shall mean the provision of banking services by one
bank (the “correspondent bank”) to another bank (the “respondent bank”);
15. Money transfer shall mean the transaction on behalf of a natural person, legal
person or organization (the originator) via a financial institution by a mean of electronic
transfer, which enable a beneficiary to receive the transferred amount at another financial
institution;
16. Seizure shall mean taking movable property that has been used or will be used
in committing a crime, derived from a crime, related to a crime, or has a dispute, according
to the order of the relevant investigative agency, prosecutor office or court;
17. Freezing shall mean to prohibit to buy, sell, give, transfer, exchange, pledge,
mortgage, guarantee, add, destroy or change funds, equipment or other instrumentalities,
move or operate capital including bank account that has been used or will be used in
committing a crime, derived from a crime, related to a crime, according to the order of the
relevant investigation agency, prosecutor office and the court;
18. Confiscation shall mean the nationalization of funds wholly or partially, in
accordance with a court decision that can be used decisively;
19. Equivalent Value Properties shall mean other funds with a value equivalent to
the benefit obtained from the original offense or money laundering of the offender or the
defendant;
20. Resolution of the UN Security Council shall mean United Nations Security
Council Resolutions that indicated list of person, legal person or organization, adopted
under the United Nations relating to the prevention and suppression of terrorism;
21. Anonymous account shall mean an account in which its information differs or
cannot verify the account owner’s details such as name, surname, date of birth, address, age
and occupation;
22. Customer shall mean natural persons, legal persons or organizations that use
the services of the reporting entities;
23. Bearer Negotiable Instruments include bank cheques, bonds, and others;
24. Racketeering shall mean group of people who illegally force to obtain money
or properties from natural person, legal person or organization;
25. Environmental crime shall mean an offence that causes a severe damage to the
natural resources and environment such as illegal possession or trading of protected
wildlife and aquatic animals, unlawful extraction of natural resources, illegal logging,
illegal poaching and deforest, destruction of natural resources, breaching national
environment quality control standards, causing air pollution, land pollution or water source
pollution.
Article 4 (amended) Policies on Prevention and Combating Money Laundering and
Terrorist Financing
The state encourages and supports natural persons, legal persons or organizations of all
sectors to participate in the prevention and combating money laundering and financing of
terrorism.
The state pays attention to raising awareness and education of the general public by
various means to be aware of the harms caused by money laundering and financing of terrorism,
which can damage the national security, social harmony and orderliness, and the national,
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regional and international economic systems.
The state encourages and supports the AML/CFT by providing the budget, personnel,
means, vehicles and modern techniques and equipment to relevant competent authorities for
their effective performances.
Article 5 (amended) Principles on Prevention and Combating Money Laundering and
Terrorist Financing
Activities to intercept and combat money laundering and terrorist financing should
follow the following principles:
- In line with policy guidelines, constitutions, laws, international agreements and
conventions that the Lao PDR is a party to;
- Ensuring the protection of legitimate rights and benefits of natural persons, legal
persons or organizations;
- Combating all the phenomena of power abuse, and application of excessive
power, which damage the legitimate rights and benefits of natural persons, legal persons
or organizations;
- Justice, transparency and accountability.
Article 6 (amended) Protection
Staffs and authorities working on prevention and combating money laundering and
financing of terrorism including those who participate in these works such as directors,
managers, informants, information processors, witnesses, experts and their families shall
be protected by law from civil and criminal claims, revenge and threats against life, health,
freedom and damage to their dignities, reputations or private properties.
Article 7 (amended) Obligation for Anti-Money Laundering and Counter-Financing of
Terrorism
Natural persons, legal entities and organizations are obliged to provide information
and cooperate to prevention and combating money laundering and financing of terrorism.
Article 8 Scope of application
This law applies to natural persons, legal persons and organizations, both local and
foreign, inside and outside of the territory of Lao PDR.
Part II
Money Laundering and Financing of Terrorism
Chapter 1
Money Laundering
Article 9 (amended) Money Laundering
Money laundering is a conversion, use, movement, exchange, acquisition,
possession, genuine ownership transfer of funds by natural person, legal person or
organization domestically or internationally knowing or suspecting that such funds are the
proceeds of predicate offences to conceal or disguise their characteristics, origin of funds,
or location of properties.
Acts of money laundering are as follow:
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- Conversion or transfer of funds with an intention to conceal or disguise the illegal
origin of the funds including aid and abet offenders of predicate crimes to avoid the legal
consequences of their actions;
- Concealing or disguising origin, source, location of funds, transfer, possession,
movement, or rights with respect to, or ownership of funds knowing that such funds are
the proceeds of predicate offences;
- Acquisition, possession, use of funds derived from predicate offences such as (but
not limited to) illicit lending of such money or properties, use of such money or properties
in a direct investment knowing that such funds are the proceeds of predicate offences;
- It is also an offence to participate in planning, helping, implementing, aiding,
abetting, facilitating, conspiracy or counselling the commission, including attempting to
commit a crime as defined in clauses 1, 2 and 3 above mentioned.
In addition to the above, money laundering is demonstrated as follow:
- Acknowledgement with intent with regards to offences leading to a money
laundering;
- An event or evidence that proves the funds or properties are derived from the
predicate offences without the necessity for a court ruling.
Article 10 (new) Forms of Money Laundering
There are 4 forms of money laundering as follows
- Self-money laundering refers to the act where an individual or entity engages in
laundering the proceeds of their own criminal activity.
- Third party Money laundering is money laundering by a person or legal entity
who was not involved in the commission of the predicate offence.
- Standalone Money laundering is prosecuting money laundering offense
without predicate offences or money laundering without incident or proof of the original
offense;
- Money laundering with the predicate offences in abroad is money laundering in
Lao PDR with the predicate offense occurring outside the territory of the Lao PDR.
Article 11 (amended) Predicate Offences
Predicate offence refers to all criminal serious offences including offences
committed outside the territory of the Lao PDR that constitutes a predicate offence in that
country and that constitute a predicate offence if it occurred in Lao PDR. These include
frauds, robbery or theft, murder, battery, kidnap, detention and hostage taking, trading of
illegal properties, currency counterfeiting or using counterfeit currency, including cheque
counterfeiting, or use of counterfeited cheque or bond, document forgery or use of forged
documents, infringement of intellectual property rights, corruption including a taking and
giving bribery, adult and child prostitution, human trafficking, people smuggling,
production and trafficking of narcotics, trading of illegal war arms or explosives,
participation in an organized criminal group and racketeering, terrorism including
financing of terrorism, environmental crime, tax crimes, insider trading and market
manipulation, violation of customs and tax regulations, extortion, hijacking (car, boat, or
airplane), robbery at sea piracy, and other predicate offences as define by laws.
Proceeds of predicate offences for the purpose of this act are funds which are
derived directly or indirectly from predicate offences, including properties transformed or
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changed, wholly or partially to other forms of properties, including returns of investment.
Chapter 2
Financing of Terrorism
Article 12 (amended) Financing of Terrorism
The financing of terrorism is an act if any person, legal person or organization
domestically or internationally by any means directly or indirectly, unlawfully and
wailfully, provides or collects funds (from whether legitimate or illegitimate source) with
the intention that they should be used or in the knowledge that they are to be used in full or
in part to carry out or attempt to carry out an offence of terrorism under article 13 or by a
terrorist or terrorist organization or any activities of terrorism. It is including an attempt to
commit an offence in this article, along with participating in as an accomplice to a terrorist
financing offence or attempted terrorist financing offense. This also includes planning,
helping, implementing, aiding, abetting, facilitating, conspiracy, organizing or directing
others to commit a terrorist financing offence or attempted terrorist financing offence,
contributing to the commission of one or more terrorist financing offences or attempted
terrorist financing offences by a group of persons acting with a common purpose. An
offence under this section can be prosecuted regardless of whether the funds and other
assets (a) were actually used to carry out or attempt a terrorist act(s); or (b) are linked to a
specific terrorist act(s).
This offence includes financing the travel of individuals who travel to a State other
than their States of residence or nationality for the purpose of the perpetration, planning,
or preparation of, or participation in, terrorist acts or the providing or receiving of terrorist
training.
In order to prove intent and knowledge it is possible to infer such intent and
knowledge from objective factual circumstances and this offence applies regardless of
whether the person alleged to have committed the offence(s) is in the same country or a
different country from the one in which the terrorist(s)/terrorist organization(s) is located
or the terrorist act(s) occurred/will occur.”
Article 13 (amended) Terrorism
Acts of terrorism are an act in which natural persons, groups of people,
organizations or terrorist organization within or outside of the territory of the Lao PDR:
- Acts that effect the national security, socio-economic foundation, foreign and
international organizations, cause difficulties to international relations of the Lao PDR or chaos
to people in the society;
- Acts that affect lives (death), health (serious bodily injury), freedom, or deemed
as a physical and psychological coercion and threat of citizens or any individual in order
to create fear for citizens or to force the state or any international organization to act or not
to act;
- Seizure, damaging properties, invasion, attack, obstruction, causing damages
and chaos to computer communication and Internet systems or digital instruments of state
organizations, legal persons and natural persons;
- Processing, production, use, packaging, transportation, consolidation, and
obtaining of explosives, radioactive substances, toxics, inflammables, and trading of
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weapons, equipment, vehicles including an offering of advice for certain act with an
intention as defined in subparagraph 1, 2 and 3 of this Article;
5. Disseminating, recruiting, encouraging, coercing, threatening, hiring or creating
conditions, and aiding an act as defined in subparagraph 1, 2, 3 and 4 of this Article;
6. Organizing, financing, participating and attempting to participate in the
organization, teaching, training, participate in training, financing the travel of individuals who
travel to a State other than their States of residence or nationality for the purpose of the
perpetration, planning, or preparation of, or participation in, terrorist acts or the providing or
receiving of terrorist training participating in action as defined in sub-paragraph 1, 2, 3, 4, and
5 of this Article;
7. Acknowledgment of an act with intent from objective factual circumstances;
8. Other offences defined as acts of terrorism as per relevant international
agreements or treaties that the Lao PDR is a party to.
Part III
Activity Of Anti-Money Laundering and Financing of Terrorism
Article 14 (amended) Activity of Anti-Money Laundering and Combating Financing of
Terrorism
The activities of anti-money laundering and Combating Financing of Terrorism are
the activities of reporting entities, legal persons, non-profit organizations and relevant
organizations to intercept, limit, combat, and eliminate behaviors of deriving proceeds of
crimes and to make such fund or properties legitimate or financing of terrorism.
Chapter 1
Activities of Reporting Entities
Article 15 (amended) Reporting Entities
Reporting entities are legal persons and natural persons who obligate to responsible
in anti- money laundering and combating financing of terrorism such including those
operating in the following categories: commercial banks, micro-finance institutions,
pawnshops, leasing companies, money transfer service companies and agents, insurance
companies, security companies, virtual asset service providers, companies or agents selling
and managing financial payment instruments, real estate agents, businesses buying and
selling precious metal, trust and companies service providers, accounting and auditing
enterprises, casinos, legal enterprises, lawyers and other reporting entities as designated by
the National Coordination Committee on Anti- Money Laundering and Financing of
Terrorism.
Article 16 (amended) Rights and Obligations of Reporting Entities
The reporting entities have the following rights and obligations:
- Internal control;
- Risk Based Approach;
- Know Your Customer;
- Customer Due Diligence;
- Customer Information Collection;
- Dealing with Politically Exposed Persons;
- Dealing with Correspondent Banks;
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8. Data Collection on money transfer;
9. Record keeping;
10. Reporting;
11. Reporting of Suspicious Transaction Reports;
12. Applying Provisional Measure;
13. Confidentiality.
Branches and subsidiaries of reporting entities in both domestic and oversea are
obliged to comply with the first paragraph of this article.
In case the law of the country where the branch and subsidiary are located do not
allowed to comply with the above obligation, the reporting entity must apply appropriate
additional measures to manage the ML/TF risks and report its supervisory agency.
Article 17 (amended) Internal Control
Reporting entities must establish internal control policy by issuing, improving and
implementing work plans by having regard to the ML/TF risks and the size of the business,
including the following:
- Policies, procedures and internal monitoring;
- Procedures for selecting, screening and accepting qualified employees;
- Training plan for employees and conduct on-going training;
- Independent internal audit of the implementation of this law and other related
legislation;
- Evaluation of the implementation to anti-money laundering and countering the
financing of terrorism;
- Report the outcomes of the implementation of the program to anti-money
laundering and countering the financing of terrorism to its supervisory agency from time
to time.
Reporting entities must appoint compliance officers at the management level or
senior officer with qualifications, experience in anti-money laundering and countering the
financing of terrorism to be responsible for the tasks specified in the first paragraph of this
article, as well as to coordinate with the Anti-Money Laundering Intelligence Office
(AMLIO).
Article 18 (amended) Risk Based Approach
Reporting entities must implement the principles of risk-based approach on money
laundering and financing of terrorism by identifying, assessing, monitoring and mitigating
that risk such as customers, existing and newly created products and services, service
channels, methods and new technology in service delivery or business operations including
geography or countries.
The implementation mechanism of Risk-Based Approach is defined in separate
regulation.
Article 19 (amended) Know Your Customer (KYC)
Reporting entities must know your customer by requiring customers to show their
identification documents such as identity cards, family books, passport, enterprise
registration or other official documents that can be verified about the customers or those
who are acting on behalf of the customers and then properly record, copy and secure
storage.
The implementation mechanism of Know Your Customer is defined in separate regulation.
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Article 20 (amended) Customer Due Diligence (CDD)
The reporting entities must apply customer due diligence measure in the following cases:
- Establishing business relationship for new customers;
- Carrying out occasional, one-off or multiple transactions that are suspicious;
- Complex, high value and unusual transactions;
- Conducting transactions on behalf of customer in the name of legal person and
legal arrangements;
- There is a suspicion of ML/TF, regardless of any exemptions;
- There are doubts about the veracity or adequacy of previously obtained customer
identification data.
In addition, the reporting entities must conduct on-going monitoring of the
customers to ensure that the previously provided information is accurate, up to date and
customers’ business operations are correct and consistent with their profiles and their
business operations` historical records including knowing the sources of their funds if
necessary.
Reporting entities must pay special attention to business relationships or
transactions with natural persons, legal persons or organizations in countries that do not
have legal on anti-money laundering and countering the financing of terrorism or if the
implementation of such laws and regulations is not strict and under the sanction list of
relevant international organizations.
The implementation mechanism of Customer Due Diligence is defined in separate
regulation.
Article 21 (amended) Customers Information Collection
Reporting entities must collect, prove and verify information on the name and
surname, date of birth, nationality, address and occupation of the individual customer.
For legal persons customers, the reporting entities must collect, prove and verify
information on the name and address of the companies, identification documents of
directors, details of shareholders, activities and size of the business.
In case of failure to collect full detail of the customer information as defined in the
first and second paragraphs of this article, the reporting entities must stop providing services
or not establishing business relationships with that customer and consider it as suspicious
transaction and report to the Anti-Money Laundering Intelligence Office as defined in Article
27 of this law.
Reporting entities must collect information on the purpose and objective of customers in
using services or establishing business relationships with their institutions and must find out
whether the customer's business relationship is in the name of the customer himself or someone
else to find out the ultimate beneficiary owner such as funds owner including the capital in the
establishment of the enterprise which is the origin or the person who has the authority to settle
the issue.
Article 22 (amended) Dealing with Politically Exposed Persons
The reporting entities must have an appropriate risk management system to find out
whether customers or beneficial owners are Politically Exposed Persons.
If the customer is Politically Exposed Persons the reporting entities must conduct as
follows:
- Obtain senior management approval for establishing (or continuing, for existing
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customers) such business relationships;
2. Take reasonable measures to establish the source of wealth and source of funds;
3. Conduct enhanced ongoing monitoring of the business relationship.
In case of customer are family members or close associates of Politically Exposed
Persons, then reporting entities must also apply the measure as stated in paragraph 2 of this
article.
Article 23 (amended) Dealing with Correspondent Banks
Reporting entities that have business relations or other similar relations with
correspondent banks must undertake act as follows:
- Review the status of corresponding banks that they are doing business with;
- Gather data on the nature of business operation of a corresponding bank;
- Assess the creditability, management and inspection of a corresponding bank based
on publicly available information;
- Assess the correspondent bank’s AML/CFT controls;
- Implement relevant laws and regulations relating to a business relation with
correspondent banks.
If corresponding banks have business relations or transactions with shell banks or
their subsidiary, the reporting entities must not establish or continue business relations with
such corresponding banks or their subsidiary.
Article 24 (amended) Collecting Information on Money Transfer
Each time when providing a money transfer service, reporting entities must gather
and verify the information on name and surname, address, account number of the originator
including the purpose of transfer.
In case of reporting entities acting as an intermediary of the transfer, reporting
entities must ensure that the information on the originator and details of transfer are
accurately and comprehensibly recorded before further deliver to a beneficiary.
In case of reporting entities receives a money transfer with no or missing
information of originator, reporting entities must verify and seek further information from
the ordering reporting entities or beneficiary. If the information is not provided, the
beneficiary reporting entities must refuse the payment to the beneficiary and transfer the
money back to the ordering reporting entities and report to the AMLIO immediately.
The supervision of domestic and international money transfers is defined in separate
regulations.
Article 25 (amended) Record Keeping
Reporting entities must maintain information of customers, documents related to
business correspondence, copies of all records obtained through the CDD process including
identity documents, beneficiaries of transactions, completed transaction records, account
files, records on results of any analysis undertaken and reported transactions of customers
in order to provide the information to AMLIO and other competent authorities swiftly.
The information as defined in the first paragraph of this article must be kept for at
least ten years from the date of completion of the transaction or termination of the business
relationship with the customer.
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Article 26 (amended) Reporting
The reporting entities must report to AMLIO in case a customer request to do the
following transactions:
- Cash transaction is above the applicable designated threshold;
- Wire Transfer is above the applicable designated threshold;
- Other transactions as defined by AMLIO.
The Bank of the Lao PDR is responsible for determining an applicable designated
threshold for cash transaction, wire transfer which are required for reporting, and issuing
legislations on reporting.
Article 27 (amended) Reporting of Suspicious Transactions.
In the case of a suspicious or has reasonable grounds to suspect that transaction
might be proceeds of a criminal activity that would constitute a predicate offence, or are
related to money laundering or financing of terrorism, including customer`s attempted
transaction, regardless of the amount of the transaction. The reporting entities should be
required to promptly report such suspicious transaction to AMLIO.
Article 28 (new) Applying Provisional Measure
Reporting entities, postal enterprises and relevant legal persons has right to apply
provisional measure by suspend or withhold transaction to freeze or hold fund or assets if
they detect, find or suspect that such fund or assets related to money laundering or financing
of terrorism or as per the regulation issued by the National Coordination Committee or as
per the notice of AMLIO.
Reporting entities, postal enterprises and relevant legal person if detected or found
that funds related to terrorist and terrorist organization as per consolidated UNSCR sanction
list, they must withhold or freeze such fund without delay.
In parallel with the utilization of provisional measure, reporting entities must report
to relevant authorities, AMLIO and comply with relevant regulations.
Article 29 (amended) Reporting Confidentiality
The directors, officers and employees of the reporting entities are prohibited from
disclosing the fact that STR or related information is being filed with AMLIO. shall
maintain a confidentiality of transaction report in suspicious of money laundering or
financing of terrorism or other information reported to AMLIO.
A clause on maintaining customers’ confidentiality by the reporting entities as
defined in their internal regulation or agreement shall comply with this law and shall not
an obstacle in providing information to related the authorities.
The directors, staff and reporting entities will not be disciplined or prosecuted on
the ground of disclosing customers’ secrets, if the reporting or the provision of such
information is done with good faith and in compliance with this law, and will not be held
liable for any wrongdoing.
Chapter 2
Activities of Legal Persons or Organizations and Non-Profit Organizations
Article 30 (amended) Legal Persons
A legal person is a partnership enterprise and a company that does not belong to a
reporting entity that has been established and conducts business correctly as defined in the
relevant laws.
Legal persons are responsible for preventing and combating money laundering and
terrorist financing as follows:
- Ensure its activities will not get abused by money laundering or financing of
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terrorism;
2. Record and provide information on enterprise registration, owners, beneficial
ownership, shareholders, stakeholders and information on its internal management structure
with transparency and ensure clarity, comprehensive and accuracy from time to time as well
as such information shall be recorded for at least ten years. Investigative agencies,
supervisory agencies and enterprise audit of reporting entities, AMLIO, other relevant
competent authorities can access the information at any time.
Article 31 (amended) Non-Profit Organizations
Non-profit organizations include international non-governmental organizations and
civil society organization, including associations and foundations that have been approved
to establish in accordance with relevant regulations that primarily engages in raising or
disbursing funds for charitable, religious, cultural, educational, environment, public health,
sports, acrobatics, humanitarian and social or fraternal that carrying out with non-profit
purposes such as associations or foundations.
Only high-risk non-profit organization is responsible for anti-money laundering and
countering financing of terrorism:
- Screening sanction list of designated persons by relevant international
organizations;
- Verify the source of the funds that have been donated;
- Collect donor information;
- Record information on registration, establishment, owners, founders, beneficial
owner and information on their internal management structure with transparency and
ensure clarity, comprehensive and accuracy from time to time as well as record such
information for at least ten years.
Supervisory agencies of NPOs, AMLIO, Investigative agencies and other relevant
competent authorities can access the information at any time as stipulated in the paragraph
1 and 2 of this article.
Supervisory agencies of NPOs must regularly assess, monitor and inspect on the
risk of each NPO in order to avoid them from being abused for money laundering and
financing of terrorism.
Chapter 3
Activities of Relevant Organization
Article 32 (amended) Declaration of Cash, Precious Metal and Bearer Negotiable
Instruments at Border Checkpoints
Natural persons, legal person or organization who carry cash, precious metal and
bearer negotiable instruments in or out of the Lao PDR, with value exceeding the threshold
periodically set by the Bank of the Lao PDR, must declare them to customs officers at
border checkpoints and such Customs officers shall further report to AMLIO.
Article 33 (amended) Examination by Customs Officers at Border Checkpoints
Customs officers at border checkpoints are responsible for checking the accuracy of
declaration of cash, precious metal and bearer negotiable instruments of passenger
entering/exiting of the Lao PDR in accordance with relevant regulations and laws.
In case of inaccurate declaration, inaccurate amount, non-declaration or false
declaration on cash, precious metal and bearer negotiable instruments when crossing Lao
PDR`s borders, a declarer will be fined in accordance with the relevant regulations.
In case customs officers at border checkpoints detected, found or suspect that there is a nondeclaration or false declaration of cash, precious metal and bearer negotiable instruments, such cash
or items will be seized or frozen immediately and report to AMLIO, simultaneously with opening
an investigation to determine origins of cash, precious metal or bearer negotiable instruments.
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Part IV
Prosecution of Money Laundering and Financing of Terrorism Offense
Article 34 (new) Prosecution of Money Laundering and Financing of Terrorism Offense
Prosecution of money laundering and financing of terrorism is the activity of related
agencies in criminal proceedings organization to prosecute money laundering and financing
of terrorism and other participants in order to swiftly, completely and comprehensively find
out the wrongdoings as well as bring the wrongdoer to trial and ensure the correct and fair
implementation of the law.
Prosecution on money laundering must execute parallelly with other predicate
offences as well as conduct financial investigations each case. In cases where there is no
predicate offense found or the predicate offense occurred abroad, only the case related to
the money laundering facility shall be prosecuted for such offense.
The methods and procedures in the prosecution of money laundering and terrorist
financing shall follow the provisions stated in the Criminal Procedure Law and other related laws.
Article 35 (new) The Criminal Proceeding Organization for Money Laundering and
Financing of Terrorism
The criminal prosecution organization responsible for money laundering, terrorism
and financing of terrorism cases are as follows:
- Investigative agencies;
- Prosecutor office;
- Court.
The investigative agencies consist of the investigative agency of the police, the
investigative agency of the military, the investigative agency of the customs/tax, the
investigative agency of the forestry, the investigative agency of the anti-corruption, the
investigative agency of Lao securities commission and the investigative agency of other
parties as defined in the relevant laws.
For cases related to terrorism and financing for terrorism, the investigative agency
of the police is responsible for conducting the investigation in coordination with other
relevant parties.
Office of People’s Prosecutor and Court proceedings shall be conducted in
accordance with the Criminal Prosecution Law and other laws related.
Article 36 (amended) Seizure, Freezing of Funds
Relevant investigative officers are eligible to apply measures to detain, seize or
freeze proceeds or assets of equivalent value in case they detected, found or suspected that
such fund relates to money laundering or financing of terrorism.
Funds of terrorist, terrorist organizations, natural persons and a legal person
including international terrorist and terrorist organization as stipulated in the Resolutions of
the UN Security Council and their successor resolutions must be immediately seized and
frozen.
Relevant investigative authorities have right to seize and freeze funds related to the
financing of terrorism without prior notification in order to prevent such funds from being
transferred or move forwarded to terrorist and terrorist organizations.
Applying the seizure or freezing measures must be in conformity with the Law on
Criminal Procedure and relevant regulations and laws of the Lao PDR while protecting the
rights and bona fide third party and ensuring no impacts on the operations of the financial
and monetary system.
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Article 37 (amended) Confiscation
In case there is sufficient evidence that funds relating to predicate offences, money
laundering, financing of terrorism and a participation of such offenses, the court shall pass
a decision for the confiscation of such funds as follow:
- Funds derived from predicate offences including properties gained from
investment or from exchange or properties and assets of equivalent value related to the
activities;
- Funds used or intend to be used in committing the offenses;
- Funds and other benefits generated by funds used in committing crimes;
- Financial instruments relating to offences;
- Funds as defined in clause 1 to 4 whose rights to ownership or transferred to a
natural person or third parties.
Part V
International Cooperation on Anti-Money Laundering and Combating
Financing of Terrorism
Article 38 (amended) Principles for International Cooperation
International cooperation on anti-money laundering and counter financing of terrorism
between the competent authorities of the Lao PDR and foreign competent authorities shall
follow the principles of respect for independence, sovereignty and territorial integrity, noninterference in each other’s domestic affairs, mutual benefits, and in conformity with relevant
international agreements and treaties which the Lao PDR is a party to.
Article 39 (amended) Contents of International Cooperation
International cooperation on anti-money laundering and counter financing of
terrorism shall be in the following contents:
- Gather, study, and exchange of information, technologies and lessons on antimoney laundering and counter financing of terrorism;
- Sign agreements with foreign countries or become a party to the international
treaties and agreements on anti-money laundering and counter financing of terrorism;
- Mutual assistance in technical assistance, capacity building including training
and improve knowledge for concerned personnel and officers;
- Exchange of information on the supervision of reporting entities, legal persons,
non- profits organizations, holder of right, beneficial ownerships etc.;
- Comply with the international agreements and treaties which the Lao PDR is a
party to.
Article 40 (amended) Mutual Legal Assistance
A mutual legal assistance is an international cooperation between Lao PDR with its
international jurisdiction aims at requests to testify, providing evidence, participation of
individuals in the requesting state, participation in criminal proceedings of individuals who
have been sentenced or detained, finding address or identity of individuals, searching,
seizing and handing over evidence, seizing or freezing property, objects, confiscation or
confiscation of objects and other criminal matters that is requesting or requested,
extradition, requesting for information and additional request for evidence relating to the
crimes.
The implementation of mechanism and procedure for mutual legal assistance shall
be in compliant with the Law on Mutual Legal Assistance, the Law on Extradition, other
relevant laws of the Lao PDR, including treaties to which the Lao PDR is a party to.
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Part VI
Prohibitions
Article 41 (amended) General Prohibitions
Natural persons, legal persons and organizations are prohibited from the
following behaviors:
- Having dealings related to, participated in money laundering or financing of
terrorism;
- Maintaining relations in all forms and giving any type of assistance in money
laundering or financing of terrorism;
- Dealing with individuals, legal persons or organizations that fall under the
sanction list of the United Nations Security Council on Terrorism and financing of
Terrorism;
- Acts as an intermediary giving bribes to staff or competent authorities;
- Producing or using of document forgery;
- Concealing, disguised, threatening, impeding and obstructing the operation of
competent authorities;
- Opening or using anonymous accounts or using accounts of non-existent name
of natural persons, legal persons or organizations;
- Other acts that contravene laws and regulations.
Article 42 (amended) Prohibitions for Reporting Entities
Reporting entities are prohibited to following behaviors or acts:
- Having dealings with shell banks, non-existent financial institutions, legal
persons or organizations;
- Having dealings with banks in abroad that do not have law on anti-money
laundering and counter financing of terrorism;
- Opening anonymous accounts;
- Establish business relation or conducting transactions with natural persons, legal
persons or organizations that fall under sanction list of the United Nations Security Council
on Terrorism and financing of Terrorism;
- Other acts that contravene laws and regulations.
Article 43 (amended) Prohibitions for related Officers and Competent Authorities
Related Officers and Competent Authorities are prohibited to following behaviors
or acts:
- Abusing rights, functions and position, use of violence, coercion or threatens
for their own personal, family or relatives’ benefit;
- Tipping-off or disclosure of confidential information to unrelated natural
person, legal persons or organizations;
- Collusion, requesting, demanding and receiving bribes;
- Omission of the responsibilities or temporalization of documents;
- Other acts that contravene laws and regulations.
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Part VII
Supervision And Inspection of Anti-Money Laundering and
Counter Financing of Terrorism
Chapter 1
Supervision
Article 44 (amended) Supervisory Agencies for Anti-Money Laundering and Counter
Financing of Terrorism
The Government is the supervisory agency for anti-money laundering and counter
financing of terrorism activities centrally and unanimously in the nation, by assigning the
National Coordination Committee which is directly responsible for supervision and play
the key role to coordinate with other line-ministries such as Ministry of Finance, Ministry
of Justice, Ministry of Natural Resource and Environment, Ministry of Industry and
Commerce, Ministry of Foreign Affair, Ministry of Home Affair, Ministry of Planning and
Investment, Ministry of Public Security, Ministry of National Defense, Ministry of
Agriculture and Forestry, Ministry of Technology and Communication, Ministry of Public
Works and Transport, Ministry of Energy and Mines, The Bank of the Lao PDR, Office of
Supreme People’s Prosecution, The People’s Supreme Court, State Inspection and AntiCorruption Authority, other relevant Ministries, Local Government Committee and
associated agencies responsible for inspection and monitoring of anti-money laundering
and counter financing of terrorism as specified according to their own role.
Article 45 (amended) National Coordination Committee for Anti-money Laundering and
Counter Financing of Terrorism
National Coordination Committee for Anti-money Laundering and Counter
Financing of Terrorism is a non-permanent body appointed by the Prime Minister consists
of Deputy Prime Minister as the Chairman, the Governor of the Bank of the Lao PDR is
the first Deputy Chairman and act as standing member, Deputy Minister or Deputy Head of
related organization as the second Deputy Chairman and Committee by having the AntiMoney Laundering Intelligence Office as the assistant/secretariat.
National Coordination Committee for Anti-money Laundering and Counter
Financing of Terrorism (herein after called “NCC”).
The organizational structure, activities and budget of the NCC is set out in specific
regulations.
Article 46 (amended) Rights and Duties of NCC
The NCC has the following rights and duties:
- Issue policies, laws, national strategies and regulations regarding anti-money
laundering and counter financing of terrorism government’s consideration;
- Transpose policies, national strategies and regulations regarding anti-money
laundering and counter financing of terrorism into work plans, program, projects as well
as the implementation;
- Disseminate policies, laws, national strategies, regulations and action plans for
anti- money laundering and counter financing of terrorism;
- Adopt the action plan regarding anti-money laundering and counter financing of
terrorism;
- Determine additional reporting entities (if any);
- Direct, stimulate, manage and monitor the implementation of anti-money
laundering and counter financing of terrorism of AMLIO, supervisory agencies and other
relevant agencies;
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7. Capacity building, upgrade professional skills of staff on anti-money laundering
and counter financing of terrorism;
8. Apply administrative measures against natural persons, legal person or
organizations, reporting entities and associated postal enterprise that breach this law;
9. Coordinate, corporate with foreign counterparts both regional and international
regarding anti-money laundering and counter financing of terrorism;
10.Summarize and report on its activities to the Government on a regular basis;
11.Perform rights and duties as defined in the laws and assigned by the
Government.
Article 47 (amended) Anti-Money Laundering Intelligence Office
The Anti-Money Laundering Intelligence Office has the role as secretariat of the
NCC in supervisory, monitoring and control the work of anti-money laundering and
counter financing of terrorism.
The Anti-Money Laundering Intelligence Office (herein after called “AMLIO”) and
has the equivalent status of the Department.
AMLIO personnel are consist of Director General, Deputy Director General and
Officers. The Director General of the Anti-Money Laundering Intelligence Office is
appointed or dismissed by the Prime Minister upon the proposal of the National
Coordinating Committee for Anti-Money Laundering and Counter Financing of Terrorism.
The organizational structure and activities of the AMLIO are defined in separate
legislation.
Article 48 (new) Rights and Duties of Anti-Money Laundering Intelligence Office
Anti-Money Laundering Intelligence Office has rights and duties as below:
- Studying requirements prior issuance of policies, laws, national strategies and
regulations regarding anti-money laundering and counter financing of terrorism in order to
propose to the NCC’s considering;
- To transpose the policy, law, strategy plan and other relevant legislations of antimoney laundering and counter-financing of terrorism;
- To disseminate the policy, law, strategy plan and other relevant legislations of
anti- money laundering and counter-financing of terrorism;
- To develop work plan for implementing of anti-money laundering and counterfinancing of terrorism in order to propose to the NCC’s considering;
- To implement the work of anti-money laundering and counter-financing of
terrorism;
- To hold capacity building, improve staff knowledge that in charge of anti-money
laundering and counter-financing of terrorism to enhance the implementation capacities;
- To apply administrative measures against natural person, legal person or
organizations, reporting entities and postal enterprise that violated this Law;
- To notify the reporting entities regarding the use of provisional measure to
customer or clients;
- To ask and collect extra information that’s, seem to be necessary or related to
money laundering and countering of financing terrorism from reporting entities, legal
persons, non-profit organizations and other relevant agencies;
10.To collect information, analysis and make financial intelligence report and
disseminate to investigation agencies and providing information related to money
laundering and countering of financing terrorism to relevant agencies as proposed;
11.To disseminate information and the result of analysis of suspicious transaction
report in terms of spontaneous and upon requested to relevant agencies. Ensure that the
information provided is secure and safe;
12.To monitor and evaluate reporting entities under its responsibilities regarding
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the implementation of anti-money laundering and counter-financing of terrorism;
13.To notify the list of terrorists, terrorist organizations or terrorist financier and
list of suspicious persons involving in money laundering to reporting entities timely;
14.To cooperate with sectors, organizations and local administrative units in
implementing Anti-Money Laundering and Counter-Financing of Terrorism;
15.To cooperate and coordinate with international organization on anti-money
laundering and counter-financing of terrorism matter;
16.To summarize and report its performance to the NCC on a regular basis;
17.Perform rights and duties as defined in the laws and assigned.
Article 49 (new) Budget
the national coordination committee and the anti-money laundering intelligence
office utilize the budget from the state in carrying out its activities.
Article 50 (new) Rights and Duties of Ministries, Agencies and Local Government Agencies
With respect to the management of anti-money laundering and counter financing of
terrorism, ministries, local government committee and other relevant agencies have the
rights and duties to cooperate and coordinate with the NCC and AMLIO according to their
role and responsibilities as defined in the relevant laws and regulations.
Chapter 2
Inspection
Article 51 (amended) Inspection Agencies for Anti- Money Laundering and Counter
Financing of Terrorism
The Inspection Agencies for anti- money laundering and counter financing of
terrorism include:
- Internal audit agency which is the same agency with the supervisory agency of
prevention and combating money laundering and financing of terrorism as defined in
article 44 of this law;
- External audit organization includes the National Assembly, provincial
assembly, the state audit authorities in each level, the state audit organization, the Lao
front for national development, Lao veterans’ federation, mass organizations, mass
media and the people.
Article 52 (amended) Content of the Inspection
The inspection of anti-money laundering and counter financing of terrorism has
following contents:
- The implementation of this law and other relevant regulation of anti-money
laundering and counter financing of terrorism;
- Use of right and performance of staffs or relevant officers;
- To create and implement work plan in of anti-money laundering and counter
financing of terrorism;
- Others as deemed necessary.
Article 53 (amended) Forms of the Inspection
The inspection of anti-money laundering and counter financing of terrorism has 03
forms:
- Regular inspection is a planned inspection with a certain schedule;
- Inspection with advance notification is an inspection outside the plan when
deems necessary by informing target entities in advance;
- Urgent inspection is an immediate inspection without prior notice.
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When undertaking the anti-money laundering and counter financing of terrorism
inspection, officers of inspection agencies shall strictly comply with the relevant
regulations and laws.
Part VII
Incentive For Good Duty Performers and Measures Against Violators
Article 54 Incentive for Good Duty Performers
Any natural person, legal person or organization with notable enforcement
performance of this law primarily in the areas of cooperation, reporting or providing
information on behaviors or activities in suspicious of money laundering and financing of
terrorism, shall be praised or awarded with other incentives in accordance with relevant
regulations.
Article 55 (amended) Measures Against Violators
Any natural person, legal person or organization violating this law shall be warned,
educated, disciplined, fined, civil compensation for damages incurred or proceed with
criminal punishment in accordance with the law.
Article 56 (amended) Criminal Measures for Money Laundering
Any natural person who committed money laundering:
- Below the amount of LAK 1,000,000,000 will be deprived of freedom from
three to seven years, fined 50% (fifty percent) of total amount launched, and with his/her
properties to be confiscated;
- From LAK 1,000,000,000 and above will be deprived of freedom from seven to
ten years, fined 70% (seventy percent) of total amount launched, and with his/her
properties to be confiscated.
In case of an organized group, habitual offense, an offender will be deprived of
freedom from ten to fifteen years, fined 90% (ninety percent) of total amount launched,
and with his/her properties to be confiscated.
The act of preparation and attempt to commit an offence shall also be penalized.
Article 57 (amended) Criminal Measures for Financing of Terrorism
Any natural person who committed a financing of terrorism:
- Below the amount of LAK 1,000,000,000 will be deprived of freedom from five
to eight years, fined 80% (eighty percent) of total amount of financing, and with his/her
properties to be confiscated.
- From LAK 1,000,000,000 and above will be deprived of freedom from eight to
twelve years, fined 100% (one hundred percent) of total amount of financing, and with
his/her properties to be confiscated.
In case of an organized group, habitual offense, an offender will be deprived of
freedom from fifteen to twenty years, fined 100% (one hundred percent) of total amount
of financing, and with his/her properties to be confiscated.
The act of preparation and attempt to commit an offence shall also be penalized.
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Part IX
Final Provision
Article 58 Implementation
This law shall be implemented by the Government of the Lao People’s Democratic
Republic.
Article 59 (amended) Effectiveness
This law shall come into force upon the dated 01 November 2024 after promulgation by
the President of the Lao People’s Democratic Republic and signed for publishing in the official
gazette onward.
This law replaces the Law on Anti-Money Laundering and Counter-Financing of
Terrorism No. 50/NA, dated 21 July 2014 and the Articles 120 (only first paragraph), 130,
131 of the Penal Code No. 26/NA, dated 17 May 2017.
President of the National Assembly