Anti-Money Laundering (AML) and Counter-Terrorist Financing (CFT) Regulations
Customer Due Diligence Requirements
Financial institutions must implement effective customer due diligence processes to prevent money laundering and terrorist financing. Here are the key requirements:
Risk-Based Approach
- Financial institutions must use a risk-based approach when implementing CDD measures, taking into account factors such as:
- Country or geographic region
- Product or service
- Transaction or delivery channel
Identify and Verify Customers
- Institutions must identify and verify the identity of customers, including beneficial owners, using reliable and independent sources.
Obtain Information on Purpose and Intended Nature of Business Relationship
- Institutions must obtain information on:
- The purpose of the business relationship
- The intended nature of the business relationship
- The source of funds and wealth
Ongoing Due Diligence
- Institutions must conduct ongoing due diligence to monitor customer relationships and transactions.
Specific Requirements
Politically Exposed Persons (PEPs)
- Institutions must take enhanced measures when dealing with PEPs, including:
- Ongoing monitoring and verification of their identity
Business Relationships
- Institutions must establish the purpose and intended nature of business relationships, as well as the source of funds and wealth.
Wire Transfers
- Wire transfers must be accompanied by accurate and meaningful originator information.
Third-Party Providers
Reliance on Third Parties
- Institutions may rely on third-party providers to perform elements of CDD processes, but they must ensure that these providers meet the same standards as the institution.
Regulated and Supervised Third Parties
- Institutions must only rely on third parties that are regulated and supervised to standards established in their jurisdiction or higher.
Cross-Border Correspondent Banking
Gather Information about Respondent Bank
- Institutions must gather sufficient information about respondent banks, including:
- Their reputation
- Supervision
Assess Anti-Money Laundering and Terrorist Financing Controls
- Institutions must assess the anti-money laundering and terrorist financing controls of respondent banks.
Record-Keeping Procedures
Retain Records for Period Prescribed in Act
- Institutions must maintain procedures that require the retention of records for the period prescribed in the Act.
Provide Records to Supervisory Authority
- Institutions must be able to provide records or other information to the supervisory authority or other competent and authorized domestic authorities upon request.