Bahrain Updates Anti-Money Laundering Law with Stronger Measures
His Majesty King Hamad bin Isa Al Khalifa has issued Decree-Law No. 36 of 2025, amending certain provisions of Decree-Law No. 4 of 2001 on the Prevention and Combating of Money Laundering and Terrorism Financing, following a proposal by the Prime Minister and approval by the Cabinet.
The law introduces key updates to definitions, procedures, and responsibilities related to combating financial crimes.
Key Amendments Include:
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Definitions Updated:
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Implementing Unit now refers to the National Financial Investigations Unit.
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Proceeds of Crime includes any funds obtained, directly or indirectly, from criminal activity, including profits, interest, or other yields derived from such funds.
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Risk-Based Approach: Measures to identify, assess, monitor, and mitigate risks of money laundering, terrorism financing, and proliferation financing.
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Good Faith: Individuals or entities who acquire assets without knowledge of their illicit origin.
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Expanded Legal Measures:
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Those engaging in actions that conceal, transfer, or retain criminal proceeds can be charged with money laundering.
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Courts can confiscate funds obtained from crimes, including cases where the criminal dies, while protecting the rights of third parties acting in good faith.
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Companies may be fined and have criminally obtained assets confiscated if crimes are committed under their name or by their representatives.
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National Anti-Money Laundering Committee:
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Tasked with developing policies, issuing guidelines, and coordinating with local and international authorities.
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Oversees compliance with UN conventions, counter-terrorism financing, and national terror lists.
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Enhances public-private partnerships to strengthen risk awareness and operational effectiveness.
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National Financial Investigations Unit:
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Receives reports of suspicious transactions, conducts investigations, tracks financial flows, and implements international cooperation measures.
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Can request documents, access financial records, and temporarily suspend transactions for up to 72 hours for investigation purposes.
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Coordinates with other agencies to ensure effective monitoring, reporting, and financial tracking.
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International Cooperation:
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Facilitates exchange of information with foreign authorities regarding suspicious transactions and criminal proceeds.
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Joint investigations, asset tracing, and recovery can be undertaken through bilateral or multilateral agreements.
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Enforcement & Oversight:
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Competent authorities monitor and inspect institutions for compliance.
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Any contracts or actions intended to prevent seizure or confiscation of criminal assets are considered void.
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The decree also repeals certain outdated provisions and updates institutional responsibilities to ensure a modern, risk-based approach to preventing money laundering, terrorism financing, and the illegal proliferation of weapons.
Implementation:
The Prime Minister and relevant Ministers are tasked with enforcing the provisions of this law, which comes into effect immediately.
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