KYC SHORT NOTES:3
81.
The UAPA nodal officer of the State/UT
may cause such inquiry to be conducted by the State Police so as to ensure that
the particulars sent by the Registrar performing the work of registering
immovable properties are indeed of these designated individuals/entities. This
verification would be completed within a maximum of 5 working days and should
be conveyed within 24 hours of the verification, if it matches with the
particulars of the designated individual/entity to Joint Secretary(IS-I),
Ministry of Home Affairs at the Fax telephone numbers and also on the e-mail id
given below.
82.
In case, the results of the verification
indicate that the particulars match with those of designated
individuals/entities, an order under Section 51A of the UAPA would be issued
within 24 hours, by the nodal officer of IS-I Division of MHA and conveyed to
the concerned Registrar performing the work of registering immovable properties
and to FIU-IND under intimation to the concerned UAPA nodal officer of the
State/UT.
83.
Implementation
of requests received from foreign countries under U.N. Security Council
Resolution 1373 of 2001. : U.N. Security Council Resolution
1373 obligates countries to freeze
without delay the funds or other assets of persons who commit, or attempt to
commit, terrorist acts or participate in or facilitate the commission of
terrorist acts; of entities owned or controlled directly or indirectly by such
persons; and of persons and entities acting on behalf of, or at the direction
of such persons and entities, including funds or other assets derived or
generated from property owned or controlled, directly or indirectly, by such
persons and associated persons and entities. Each individual country has the
authority to designate the persons and entities that should have their funds or
other assets frozen. Additionally, to ensure that effective cooperation is
developed among countries, countries should examine and give effect to, if
appropriate, the actions initiated under the freezing mechanisms of other countries.
To give effect to the requests of
foreign countries under U.N. Security Council Resolution 1373, the Ministry of
External Affairs shall examine the requests made by the foreign countries and
forward it electronically, with their comments, to the UAPA nodal officer for
IS-I Division for freezing of funds or other assets. The UAPA nodal officer of
IS-I Division of MHA, shall cause the request to be examined, within 5 working
days so as to satisfy itself that on the basis of applicable legal principles,
the requested designation is supported by reasonable grounds, or a reasonable
basis, to suspect or believe that the proposed designee is a terrorist, one who
finances terrorism or a terrorist organization, and upon his satisfaction,
request would be electronically forwarded to the nodal officers in Regulators.
FIU-IND and to the nodal officers of the States/UTs. The proposed designee, as
mentioned above would be treated as designated individuals/entities. The
freezing orders shall take place without prior notice to the designated persons
involved.
84.
Procedure for unfreezing of funds,
financial assets or economic resources or related services of
individuals/entities inadvertently affected by the freezing mechanism upon
verification that the person or entity is not a designated person
·
Any individual or entity, if it has
evidence to prove that the freezing of funds, financial assets or economic
resources or related services, owned/held by them has been inadvertently
frozen, they shall move an application giving the requisite evidence, in writing,
to the concerned bank, stock exchanges/depositories, intermediaries regulated
by SEBI, insurance companies, Registrar of Immovable Properties and the
State/UT nodal officers.
·
The banks stock exchanges/depositories,
intermediaries regulated by SEBI, insurance companies, Registrar of Immovable
Properties and the State/UT nodal officers shall inform and forward a copy of
the application together with full details of the asset frozen given by any
individual or entity informing of the funds, financial assets or economic
resources or related services have been frozen inadvertently, to the nodal
officer of IS-I Division of MHA as per the contact details within two working
days.
·
The Joint Secretary (IS-I), MHA, being
the nodal officer for (IS-I) Division of MHA, shall cause such verification as
may be required on the basis of the evidence furnished by the individual/entity
and if he is satisfied, he shall pass an order, within 15 working days,
unfreezing the funds, financial assets or economic resources or related
services, owned/held by such applicant under intimation to the concerned bank,
stock exchanges/depositories, intermediaries regulated by SEBI, insurance
company and the nodal officers of States/UTs. However, if it is not possible
for any reason to pass an order unfreezing the assets within fifteen working
days, the nodal officer of IS-I Division shall inform the applicant.
85.
Communication
of Orders under section 51A of Unlawful Activities (Prevention) Act.:
All Orders under section 51A of
Unlawful Activities (Prevention) Act, relating to funds, financial assets or
economic resources or related services, would be communicated to all banks,
depositories/stock exchanges, intermediaries regulated by SEBI, insurance
companies through respective Regulators, and to all the Registrars performing
the work of registering immovable properties, through the State/UT nodal
officer by IS-I Division of MHA.
86. Regarding prevention of entry into
or transit through India :As regards prevention of entry into or transit through India of the
designated individuals, the Foreigners Division of MHA, shall forward the
designated lists to the immigration authorities and security agencies with a
request to prevent the entry into or the transit through India. The order shall
take place without prior notice to the designated individuals/entities. The
immigration authorities shall ensure strict compliance of the Orders and also
communicate the details of entry or transit through India of the designated individuals
as prevented by them to the Foreigners' Division of MHA.
87.
Procedure for
communication of compliance of action taken under Section 51A :
The nodal officers of IS-I Division and Foreigners
Division of MHA shall furnish the details of funds, financial assets or
economic resources or related services of designated individuals/entities
frozen by an order, and details of the individuals whose entry into India or
transit through India was prevented, respectively, to the Ministry of External
Affairs for onward communication to the United Nations.
88.
Clients of
special category (CSC): Such clients include the following-
i. Non resident
clients
ii. High net-worth
clients,
iii.
Trust, Charities, Non-Governmental
Organizations (NGOs) and organizations receiving donations
a.
Companies having close family
shareholdings or beneficial ownershipPolitically Exposed Persons (PEP) are
individuals who are or have been entrusted with prominent public functions in a
foreign country, e.g., Heads of States or of Governments, senior politicians,
senior government/judicial/military officers, senior executives of state-owned
corporations, important political party officials, etc.
b. Companies
offering foreign exchange offerings
vii.
Clients in high risk countries where
existence / effectiveness of money laundering controls is suspect, where there
is unusual banking secrecy, countries active in narcotics production, countries
where corruption (as per Transparency International Corruption Perception
Index) is highly prevalent, countries against which government sanctions are
applied, countries reputed to be any of the following – Havens/ sponsors of
international terrorism, offshore financial centers, tax havens, countries
where fraud is highly prevalent. While dealing with clients in high risk
countries where the existence/effectiveness of money laundering control is
suspect, intermediaries apart from being guided by the Financial Action Task
Force (FATF) statements that identify countries that do not or insufficiently
apply the FATF Recommendations, published by the FATF on its website (www.fatf-
gafi.org), shall also independently access and consider other publicly
available information.
viii.
Non face to face
clients
Clients
with dubious reputation as per public information available etc. The above
mentioned list is only illustrative and the intermediary shall exercise
independent judgment to ascertain whether any other set of clients shall be
classified as CSC or not
AMLKYC
Recollected Questions and Exam Tips::::
Kindly focus on case studies in
Macmillan, international organization for AML, FATF latest recommendations,PMLA act latest
developments, Reports sent to FIU_IND
1.high medium low
risk categories kyc
review period 3 questions came directly
2.Gave example of transactions and asked wat type of money laundering is that-funnel accts,deposit structuring,multiple tier account 3ques
3.IBA study group paper published 3 questions from that
4.Placment,layering, integration 1 case study each topic
5.hawala is wat type of ml
6.ml word is coined by the guardian in -watergate scandal
7.FIU IND based questions 6-8
8.5-7case studies one came from text book itself
9.OVD based questions 3
10.given options with type of customer and the documents they submit and asked which customer is eligible for opening sb
11.reporting entity have-designated director
12.designated director is appointed by
13.report submission questions 3
STR within 7 days
CTR within 15th of next month
14.kyc policy is revised by n within
15.key elements of STR
2.Gave example of transactions and asked wat type of money laundering is that-funnel accts,deposit structuring,multiple tier account 3ques
3.IBA study group paper published 3 questions from that
4.Placment,layering, integration 1 case study each topic
5.hawala is wat type of ml
6.ml word is coined by the guardian in -watergate scandal
7.FIU IND based questions 6-8
8.5-7case studies one came from text book itself
9.OVD based questions 3
10.given options with type of customer and the documents they submit and asked which customer is eligible for opening sb
11.reporting entity have-designated director
12.designated director is appointed by
13.report submission questions 3
STR within 7 days
CTR within 15th of next month
14.kyc policy is revised by n within
15.key elements of STR
All
2 marks from case studies.
(Placement
Layering
Integration)
Funnel
account
Copy
of byelaws
Trust
company percentage in shars or.profits
Ration
card valid or not
Money
laundering acts
Str
Ccr
Ftr
Max
punishment for money laundering
Wolfsburg
principle
Penality
for pmla maintainance of records
How
many years records to be maintained
Counterfeit
notes more than 5
Dormant
accounts
Customer
not giving info abt the account, what action we have to take
Fatf
Banks
under Wolfsburg grp
Small
accounts max limits
Thresholds
3 questions
Reports
around 4 to 5
Fiu
ind, fatf around 5
Wire
transfer direct questions like max limit, originator information
Front
company
Red
flag indicator
Risk
category 3 questions around
Some
direct questions like
Customer
definition in kyc norms
Key
elements in kyc policy
Non
profit organization
Ckycr
Company
trust partnership
Overall
if we go though MacMillan book it's good enough to clear the exam..
Case
studies are scoring part