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近年來，我國在洗錢防制（Anti-Money Laundering, AML）的立法及執 行上逐漸邁入正軌並與先進國家逐步看齊，國內金融機構多數都已建置基本洗錢防制系統，並配合商業資料庫提供的名單進行認識你的客戶（Know Your Customer, KYC）與客戶盡職調查（Customer Due Diligence, CDD）中的 姓名檢核工作。然而，在實際作業中，金融機構因姓名檢核缺失被主管機關糾正或裁罰案例層出不窮，此皆肇因於姓名檢核作業的困難性以及工作的繁重，法遵洗防單位苦於沒有科技協助只能大量仰賴人力所致。 本文依據國內實際實施的困難並針對現況進行分析，並參照國外的實際 案例作法，以及符合國內情境方式引入新技術來提出建議，期望能為金融機構在採用AI 大數據等新技術執行洗錢防制負面新聞檢核時作為參考。 In recent years, our country has gradually stepped on the right track in the legislation and implementation of anti-money laundering (AML), and has gradually lined up with advanced countries. Most domestic financial institutions have established basic anti-money laundering systems, and perform the name screening operation of know your customers (KYC) and customer due diligence (CDD) process with the sanction and watchlists provided by the commercial database. However, in practice, financial institutions have been corrected or punished by the FSC (Financial Supervisory Commission R.O.C. (Taiwan)) due to the lack and missing of name screening. This is due to the difficulty and heavy workload of name screening operation. The legal compliance team suffers from the lack of technological assistance. It can only rely heavily on manpower.

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Copyright of Taiwan Law Review is the property of Angle Publishing Co., Ltd and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Chairman, Insurance Anti-fraud Institute; Adjunct Associate Professor, School of Law, National Chiao Tung University; Ph.D. in Law, National Taiwan University. 本文簡介保險業與保險輔助人之洗錢與資恐監理規範與實際作業，並綜述國內外犯罪人士利用保險商品進行洗錢與資恐常見不法態樣，以及英美國家對保險業與保險輔助人間防範洗錢與資恐相關法令規範。本文發現在如何建置符合我國保險業與保險輔助人間防制洗錢與資恐有效監理法規與作業方面，可從兩個面向著手：保險輔助人與保險公司建構合作通路管理機制之作法，以及增進保險輔助人與保險公司確認及驗證客戶身分之作法。此外，為避免業務員偏重業績，而忽略相關協力義務，本文建議將業務員之執行防制洗錢及打擊資恐之狀況納入酬金制度之一環，以實際得受領之佣金，來管控 業務員之作業。 This study briefly introduces the regulations and compliances of the insurance companies and the insurance agents and brokers (“intermediaries”) on anti-money laundering and countering terrorism financing (“AML/CFT”). It also reviews the common illegalities of domestic and foreign criminals’ using insurance products for money laundering and terrorism financing, and U.S. and U.K.’s regulations for AML/CFT between the insurance companies and intermediaries. In terms of how to establish effective regulations and compliances of AML/CFT which are suitable for Taiwanese insurance companies and intermediaries, this study suggests that we can start from two aspects: the practice of the insurance companies and intermediaries to establish a cooperative access management mechanism, and the practice of enhancing the insurance companies and intermediaries to confirm and verify the clients’ identity. In addition, in order to prevent the salesman’s over emphasis on performance and neglect the relevant cooperation obligations, this study proposes to include the salesman’s implementation of AML/CFT into the part of the remuneration system, and to control the salesmen’s compliances with the actual commission that can be collected.

Copyright of Taiwan Law Review is the property of Angle Publishing Co., Ltd and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Taiwan Law Review is the property of Angle Publishing Co., Ltd and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Taiwan Law Review is the property of Angle Publishing Co., Ltd and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Taiwan Law Review is the property of Angle Publishing Co., Ltd and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Taiwan Law Review is the property of Angle Publishing Co., Ltd and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Taiwan Law Review is the property of Angle Publishing Co., Ltd and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)