“Trust me; I’m your lawyer”: Lawyers’ Reporting Duty under AML/ATF Law in Malaysia

Authors

  • Zaiton Hamin Faculty of Law, Universiti Teknologi MARA, 40450 Shah Alam, Malaysia
  • Saslina Kamaruddin Faculty of Business Management & Professional Studies, Management & Science University, Shah Alam, Selangor Darul Ehsan
  • Wan Rosalili Wan Rosil Faculty of Law, Universiti Teknologi MARA, 40450 Shah Alam, Malaysia

DOI:

https://doi.org/10.21834/jabs.v3i10.298

Abstract

Lawyers have always been vulnerable to be misused by money launderers as one of the potential vehicles for such criminals to conduct their illegal activities. Given such issues, the Anti-Money Laundering and Terrorist Financing Law in Malaysia imposes an obligation on lawyers to report any suspicious transactions to the regulator. Adopting a content analysis method, this paper examines such obligation and the impediments to such reporting. Lawyers’ reluctance to comply with their reporting duties could be attributed to the culture of confidentiality and the fear of erosion of the client-lawyer privilege.

Keywords: Money laundering; Reporting Obligation; Gatekeeper; Client-lawyer Privilege

eISSN 2514-7528 © 2018. The Authors. Published for AMER ABRA cE-Bs by e-International Publishing House, Ltd., UK. This is an open-access article under the CC BY-NC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/). Peer–review under responsibility of AMER (Association of Malaysian Environment-Behaviour Researchers), ABRA (Association of Behavioural Researchers on Asians) and cE-Bs (Centre for Environment-Behaviour Studies), Faculty of Architecture, Planning & Surveying, Universiti Teknologi MARA, Malaysia.

DOI: https://doi.org/10.21834/jabs.v3i10.298

Published

2018-08-22

How to Cite

Hamin, Z., Kamaruddin, S., & Wan Rosil, W. R. (2018). “Trust me; I’m your lawyer”: Lawyers’ Reporting Duty under AML/ATF Law in Malaysia. Journal of ASIAN Behavioural Studies, 3(10), 1-8. https://doi.org/10.21834/jabs.v3i10.298

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Section

Articles