India has a stringent anti-money laundering (AML) regulatory regime in the payments space, which is primarily governed by the Prevention of Money Laundering Act (PMLA, 2002) and its amendments, and regulated by the Reserve Bank of India (RBI) and the Financial Intelligence Unit (FIU-IND). Below is a breakdown of the key points:
1. Core legal framework
- Prevention of Money Laundering Act (PMLA, 2002)
Defines money laundering offences and requires payment entities (e.g. banks, payment gateways, wallet providers, etc.) to perform customer due diligence (CDD), record keeping and suspicious transaction reporting (STR). - RBI Guide for Payment System Operators
Non-bank payment system operators are required to comply with AML/CFT norms, including KYC validation and transaction monitoring. - FIU-IND Guidelines
Compulsory reporting agencies to submit Cash Transaction Reports (CTRs), Cross Border Remittance Reports, etc.
2. KYC compliance requirements
- Layered KYC mechanism: Distinguish between full-process KYC (e.g., video verification), and simplified KYC (minimum balance accounts) based on risk level.
- biometric verification: Some scenarios require the use of the Aadhaar e-ID system.
- Special group exemptions: Simplified process available to low-income users, but with transaction limits.
3. Regulatory priorities in high-risk areas
4. Regulatory priorities in high-risk areas
The Anti-Money Laundering (AML) regulation for the Indian payments industry specifically focuses on the following high-risk areas, requiring payment platforms to put in place additional controls:
a) Cross-border transactions
- strict monitoring: All cross-border remittances (e.g., international transfers, cryptocurrency exchanges) are required to comply with the Foreign Exchange Management Act (FEMA, 1999) and to report suspicious transactions.
- quota control: Annual outbound remittance limit for individuals is $250,000 (LRS scheme), beyond which additional approval is required.
b) Prepaid Payment Instruments (PPI) and e-wallets
- Tiered KYC Requirements: Non-full KYC wallets are limited to Rs. 10,000 transactions in a single month and Rs. 100,000 cumulatively in a year; full KYC wallets have no limit.
- Prohibition of anonymous top-ups: Prohibit cash recharge above Rs 20,000/month to prevent hidden movement of funds.
c) Agency network and offline channels
- Agent Regulation: Payment banks and wallet companies are required to conduct background checks on agents to prevent them from being used by criminal gangs to launder money.
- Cash transaction reports : Cash deposits of more than Rs 50,000 in a single day need to be recorded and reported to CTR (Cash Transaction Report).
5. Suspicious transaction monitoring and reporting obligations
| typology | Thresholds/criteria | Reporting time frame |
|---|---|---|
| STR (Suspicious Transaction Report) | Whatever the amount, if it involves suspicious behaviour | FIU submitted within 7 days |
| CTR (Cash Transaction Report) | ≥ Rs. 5 lakhs in a single cash transaction | Submitted within 15 days |
| PTR (Politically Exposed Persons, PEPs related transactions) | Large transactions by PEP customers or related parties | Immediate tagging + enhanced due diligence |
6. RBI Update (2023-2024 Update)
- New regulations on digital lending : Require BNPL (buy now pay later) platforms to incorporate an AML framework to validate the identity of the borrower and the source of funds.
- Crypto Asset Linked Payments : Prohibit banks from providing services to unregistered VASPs (Virtual Asset Service Providers) to prevent anonymous encrypted transfers.
- AI-driven monitoring : Encourage the use of machine learning to analyse unusual patterns (e.g. split transactions, high-frequency small transfers).
7. Penalty case warnings
- Paytm Payments Bank Incident (2022): fined Rs 50 lakh by RBI for not reporting STRs in time and inadequate rectification of vulnerabilities.
- An international money transfer platform (2023): licence suspended for allowing users to bypass KYC limits.
▶️ compliance advice
1️⃣ [Technical inputs] Deploy a real-time risk scoring system to identify abnormal behaviour;
2️⃣ [Training mechanism] Regularly update employees on emerging money laundering techniques;
3️⃣ [Cooperative review] Screening merchants/agents for involvement in grey industries such as gambling and underground money laundering.
India's AML enforcement is tightening, and companies are advised to refer to RBI's Master Direction on KYC and the FIU Operations Manual to refine the process. (Specific clauses are required for further clarification.)
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