Concerning The Bank Anti-money Laundering Obligations And The Obligation To Keep Confidential The Conflict Resolution Mechanism

This thesis analyzes the bank’s obligations of secrecy and anti-money laundering thoroughly. The obligation of confidentiality is the most important obligation for the bank in order to protect the customer’s financial privacy and protect their own credit on customers. This obligation is gradually maturing from the naive in one hundred years because it is becoming the fundamental principle in dealing with the relationship between customers and the criteria of the global banking law. The anti-money laundering obligation is a new type of obligation for the bank. With the process of globalization, the impact of money laundering on a country’s social and economic security is growing fast and the ways of money laundering are also increasing. The bank is undoubtedly becoming the most important way of money laundering. So this article focuses on how to deal with the conflict and construct a rational system.Firstly, this thesis analyzes the basic concepts of bank’s secrecy obligation and anti-money laundering obligation, focusing on the conflict between each other. Secondly, it discusses the principle of balance and the construction of this system for the two obligations. Finally, the specific legislative proposals will be expressed. Except for the introduction and conclusion, the paper is divided into six parts. The first part is about bank’s basic obligation of confidentiality. The second part introduces the anti-money laundering obligation for the bank which is produced in the development of banking business. The third part analyzes the conflict between the bank secrecy obligation and the anti-money laundering obligation because of the different interests. The fourth part brings up the balance principle to solve the conflict. The fifth part proposes the construction of the conflict resolution mechanism. And the sixth part gives specific advises.In conclusion, in order to promote the depth development of the bank anti-money laundering and guarantee the protection for the financial privacy of customers, it is very important to distinguish the relationships among the customers, banks and the state. And this thesis follows this train of thought to analyze the conflict between the bank’s anti-money laundering obligation and confidentiality obligation to promote the system becoming more equitable.