Anti-Money Laundering

"BKL has demonstrated great legal reasoning and detailed preparation."

- Chambers & Partners Asia-Pacific

Overview

Regulatory environment regarding anti-money laundering (“AML”) laws and economic sanctions have grown more complicated, , and complying with relevant domestic and international laws has become a continuing challenge. We help our Korean and international clients navigate the fast-changing legal, business and regulatory landscape and minimize risks. Based on our extensive experience and in-depth expertise, we counsel clients on all aspects of AML laws and regulations, conduct independent AML audits on behalf of clients and represents client in regulatory enforcement proceedings and litigations.

Global regulatory authorities have been imposing colossal amounts of fines on various global financial institutions for alleged violations of AML regulations. Korean regulators are also tightening their grip on domestic and international financial institutions. Notably, the Korean authorities have recently shifted supervisory focus from traditional reviewing of financial institutions’ compliance with AML rules and regulations to monitoring the establishment and proper operation of risk management systems to manage high-risk factors. We closely monitor the rapidly evolving regulatory regime to provide the most up-to-date and comprehensive advice on prevention and management of AML risks.

Our group includes professionals with specialty in financial regulations and former senior public officials from the financial regulatory bodies. Through close cooperation among different practice groups and leveraging deep expertise in the relevant areas, we identify the most practical and effective solution to each regulatory issue raised by the regulatory authorities and provide the most helpful legal advice to the clients.

Key Services

AML Compliance Advisory

We advise financial institutions, IT businesses, FinTech companies and cryptocurrency businesses on a wide variety matters relating to AML risks. Specifically, BKL (i) counsels on AML laws and regulations as well as business practices, (ii) assesses compliance risks based on the analysis of the client’s internal AML system and propose plans to minimize those risks, including improvement of internal AML controls, working protocols and manuals, and (iii) provides AML training and seminars to targeted audience.

In addition to providing advisory services on interpretation of and compliance with the current AML laws and regulations, BKL also assists clients in shaping the regulatory environment through advice regarding the legislative processes.

AML Audits

Under relevant Korean AML laws, financial institutions and other relevant companies such as cryptocurrency businesses are required to conduct independent AML audits, either internally or by outside experts, at least once a year. BKL has been engaged for such audit service by a number of domestic and foreign clients, including financial institutions and casino operators.

AML Investigations and Advocacy

We have represented clients in all types of regulatory enforcement actions launched by Korean and foreign regulatory authorities. We also assist our clients in civil, criminal and administrative litigations in connection with alleged AML violation.

Representative Cases

Advised a leading Korean commercial bank in responding to an AML inspection and sanction by FSS
Provided AML monitoring advice to a foreign financial group in fulfilling a deferred prosecution agreement with the U.S. Department of Justice (DOJ)
Response to Domestic and International AML Inspections and Sanctions
Advised a leading Korean commercial bank in responding to an AML inspection and sanction by FSS
Supported Korea’s largest casino operator in addressing AML inspection and sanction by FIU
Assisted a major virtual asset operator with its response to AML inspection and sanction by FIU
Provided AML monitoring advice to a foreign financial group in fulfilling a deferred prosecution agreement with the U.S. Department of Justice (DOJ)
Advised the New York branch of a major Korean bank in relation to an AML investigation and consent order issued by the New York State financial supervisory authorities
Domestic and Overseas AML Advice and Compliance System Improvement
Advised a state-owned bank on revising its AML internal regulations, etc.
Provided guidance to Korea’s largest credit card company on its internal control regulations, AML standards and business process
Advised a major Korean credit card company on the interpretation of AML and the Combating the Financing of Terrorism (CFT) issues
Reviewed AML obligations of a major Korean credit card company entering Japan’s online payment business market
Reviewed Vietnam's AML regulations in relation to the acquisition of a Vietnamese financial company by a large Korean card company
Reviewed AML and CFT issues in connection with a blockchain-based business initiative by a major Korean bank
Reviewed the internal AML and CFT compliance of an affiliate of a large Korean financial group
Reviewed AML guidelines on crypto currency business for Korea Federation of Banks
Advised a European online payment service provider on compliance with AML and CFT regulations in Korea
Supported the Hanoi branch of a major Korean bank in establishing an internal compliance system, including AML regulations
Conducted inspections and reviews of AML and CFT compliance for:
A European leasing company.
A multinational casino and resort operator in Korea.
A European automobile financing company.
A global financial group operating in Korea.
A renowned global jewelry and luxury goods company in Korea.
AML Audits on Behalf of Financial Companies, Etc.
Conducted an independent AML audit for:
A major Korean credit card company
An electronic finance company
A multinational casino company
A number of multinational financial companies