兆豐案天價罰款的啟示──美國反洗錢法的重點與金融業應有的作為

A 180 million’s Lesson - How Mega Bank’s Misconducts Violate Anti- Money Laundering Law in the U.S.

Mega International Commercial Bank of Taiwan pays a 180 million penalty for violating federal and New York anti-money laundering law, including the AML and BSA law. It is the huge amount that a Taiwan-based financial institution had never been penalized by U.S. authorities. The incident has exposed the serious deficiencies within the Mega’s compliance program and anti-money laundering control system. It also reflects the weakness of Taiwan’s control of AML system. The different AML systems among the countries will expose the industries to a high risk of violation of the related regulations. Lacking the awareness of the legal difference will lead to serious consequences. This paper introduces Mega Bank case and the consent order between Mega Bank and the NYDFS. This paper also analyzes the regulations of Anti-Money Laundering in the Federal and also State of New York. Finally, this paper focuses on the current Taiwan’s Money Laundering Control Act and its amendment bill. What happens to the Mega Bank in 2016 is an important lessons. Establishing a robust internal controls and regulatory compliance programs is the top priority to all Taiwan’s financial institutes who want to run their business in the U.S.