金融機構洗錢防制作為之成本效益分析研究：以C銀行為例

Abstract

隨著全球化快速發展，洗錢犯罪已成為國際社會亟待防制之重大議題，為遏止洗錢活動對金融體系之破壞，政府於2016年起大幅修正洗錢防制法、資恐防制法，藉由更嚴謹之法律規範，促請銀行業強化內部控制，建立更完善之洗錢防制機制。然而，反洗錢相關法規積極實施，亦對銀行業帶來前所未有法遵成本壓力。本研究以C銀行為研究對象，旨在剖析其在因應日趨嚴格之法令遵循要求過程中，如何透過成本效益權衡，在洗錢防制與營運效率間求得最適平衡。 本研究首先援引新古典經濟學之理性選擇理論和供需法則，說明洗錢者之決策行為深受洗錢之成本與效益之影響，並置於洗錢之供需互動之框架下審視。進而，本研究梳理近年來反洗錢國際規範之演進軌跡，防制洗錢工作從規則導向到風險基礎方法之典範轉移，亦即由一致性法令遵循需求，轉向差異化之資源配置。復次，本研究透過文獻回顧，指出過往研究多聚焦洗錢防制之成本分析，鮮少兼顧效益衡量，難以彰顯反洗錢投資活動之效益性。 本研究借鏡Gordon & Loeb (2005) 網路安全最適投資活動水準之經濟學模型，建構洗錢防制作為之成本效益分析框架，且說明成本和效益之組成單元，旨在協助銀行檢視其防制洗錢資源配置狀態，尋求最佳防制洗錢投資活動值。透過個案分析發現，隨著法令遵循要求日益嚴格，C銀行之防制洗錢總成本大幅上升，但藉由科技創新應用，如導入RPA機器人等，可有效降低營運成本。而關於效益面向，本研究指出，除了法遵與聲譽效益，防制洗錢工作對優化客戶體驗，提升市場競爭力具有正面助益。 總而言之，本研究認為防制洗錢已是銀行之義務，應該將其視為策略性投資活動，審慎評估成本效益，在法令遵循與營運成效間求取平衡，創造透明安全金融環境。

As the rapid pace of globalization continues unabated, money laundering has emerged as a paramount issue that demands urgent attention from the international community. In a concerted effort to thwart the deleterious effects of money laundering on the financial system, the government of Taiwan has undertaken a significant overhaul of its Money Laundering Control Act and Counter-Terrorism Financing Act since 2016. By imposing more stringent legal regulations, the government has sought to encourage the banking industry to fortify its internal controls and establish a more robust anti-money laundering framework. However, the vigorous implementation of these anti-money laundering measures has also subjected the banking sector to an unprecedented level of compliance cost pressure. This study focuses on Bank C as its primary research subject, with the aim of analyzing how the bank navigates the intricate balance between anti-money laundering efforts and operational efficiency through a judicious cost-benefit analysis as it strives to meet increasingly rigorous compliance requirements. The study begins by drawing upon the rational choice theory and the law of supply and demand from neoclassical economics to elucidate how the decision-making behavior of money launderers is profoundly influenced by the costs and benefits associated with their illicit activities. This analysis is situated within the broader framework of the interplay between the supply and demand dynamics of money laundering. Subsequently, the study traces the evolutionary trajectory of international anti-money laundering norms in recent years, highlighting the paradigm shift from a rule-based approach to a risk-based methodology in the fight against money laundering. This transition marks a departure from uniform compliance requirements towards a more nuanced, differentiated allocation of resources. Furthermore, through a comprehensive literature review, the study underscores the fact that previous research has predominantly focused on the cost analysis of anti-money laundering measures, with scant attention paid to the assessment of their benefits, thereby rendering it challenging to demonstrate the effectiveness of anti-money laundering investment activities. Drawing inspiration from the economic model proposed by Gordon and Loeb (2005) for determining the optimal level of cybersecurity investment activities, this study constructs a cost-benefit analysis framework for anti-money laundering measures, while elucidating the constituent elements of costs and benefits. The framework aims to assist banks in examining their resource allocation for anti-money laundering efforts and seeking the optimal level of anti-money laundering investment activities. Through a meticulous case study analysis, it becomes evident that as compliance requirements become increasingly stringent, the total cost of anti-money laundering measures at Bank C has risen substantially. However, by leveraging technological innovations, such as the deployment of RPA robots, the bank has been able to effectively mitigate operational costs. With regard to the benefit dimension, the study highlights that in addition to the advantages of compliance and reputation, anti-money laundering efforts also yield positive outcomes in terms of optimizing customer experience and enhancing market competitiveness. In conclusion, this study contends that anti-money laundering has become an inextricable obligation for banks and should be regarded as a strategic investment activity. Banks must assiduously evaluate the costs and benefits, seeking to strike a delicate equilibrium between compliance and operational effectiveness in order to foster a transparent and secure financial environment.