KYC AML SHORT NOTES 4
49. Banks/FIs
should ensure that records pertaining to the identification of the customers
and their address (e.g. copies of documents like passports, identity cards,
driving licenses, PAN card, utility bills, etc.) obtained while opening the
account and during the course of business relationship, are properly preserved
for at least five years after the business relationship is ended as required
under Rule 10 of the Rules ibid. The identification of records and transaction
data should be made available to the competent authorities upon request.
50. Banks/FIs
may maintain records of the identity of their clients, and records in respect
of transactions referred to in Rule 3 in hard or soft format.
51. Combating
Financing of Terrorism : The United Nations periodically circulates the
following two lists of individuals and entities, suspected of having terrorist
links, and as approved by its Security Council (UNSC).
(a) The
“Al-Qaida Sanctions List”, includes names of individuals and entities
associated with the Al-Qaida.
(b) The
“1988 Sanctions List”, consisting of individuals (Section A of the consolidated
list) and entities.
52. The
United Nations Security Council Resolutions (UNSCRs), received from Government
of India, are circulated by the Reserve Bank to all banks and FIs. Banks/FIs
are required to update the lists and take them into account for implementation
of Section 51A of the Unlawful Activities (Prevention) (UAPA) Act, 1967,
discussed below. Banks/FIs should ensure that they do not have any account in
the name of individuals/entities appearing in the above lists. Details of
accounts resembling any of the individuals/entities in the list should be
reported to FIUIND.
53.
Freezing
of Assets under Section 51A of Unlawful Activities (Prevention) Act, 1967 :
(a) The Unlawful Activities (Prevention)
Act, 1967 (UAPA) has been amended by the Unlawful Activities (Prevention) Amendment Act, 2008. Government
has issued an Order dated August 27,
2009 (Annex II of this circular) detailing the procedure for implementation of
Section 51A of the Unlawful Activities (Prevention) Act, 1967 for prevention
of, and for coping with terrorist activities.
In terms of Section 51A, the
Central Government is empowered to freeze, seize or attach funds and other
financial assets or economic resources held by, on behalf of or at the
direction of the individuals or entities listed in the Schedule to the Order,
or any other person engaged in or suspected to be engaged in terrorism and
prohibit any individual or entity from making any funds, financial assets or
economic resources or related servicesavailable for the benefit of the
individuals or entities listed in the Schedule to the Order or any other person
engaged in or suspected to be engaged in terrorism.
57.
Jurisdictions
that do not or insufficiently apply the FATF Recommendations:
(a) Banks/FIs
are required to take into account risks arising from the deficiencies in
AML/CFT regime of the jurisdictions included in the FATF Statement. In addition
to FATF Statements circulated by Reserve Bank of India from time to time,
banks/FIs should also consider publicly available information for identifying
countries, which do not or insufficiently apply the FATF Recommendations. It is
clarified that banks/FIs should also give special attention to business relationships
and transactions with persons (including legal persons and other financial
institutions) from or in countries that do not or insufficiently apply the FATF
Recommendations and jurisdictions included in FATF Statements. (b) Banks/FIs
should examine the background and purpose of transactions with persons
(including legal persons and other financial institutions) from jurisdictions
included in FATF Statements and countries that do not or insufficiently apply
the FATF Recommendations. Further, if the transactions have no apparent
economic or visible lawful purpose, the background and purpose of such
transactions should, as far as possible be examined, and written findings
together with all documents should be retained and made available to Reserve Bank/other
relevant authorities, on request.
58. In
terms of the Rule 3 of the PML (Maintenance of Records) Rules, 2005, banks/FIs
are required to furnish information relating to cash transactions, cash
transactions integrally connected to each other, and all transactions involving
receipts by non-profit organisations (NPO means any entity or organisation that
is registered as a trust or a society under the Societies Registration Act,
1860 or any similar State legislation or a company registered (erstwhile Section
25 of Companies Act, 1956 ) under Section 8 of the Companies Act, 2013), cash
transactions ;where forged or counterfeit currency notes or bank notes have
been used as genuine, cross border wire transfer, etc. to the Director,
Financial Intelligence Unit-India (FIU-IND).
59. FIU-IND
has released a comprehensive reporting format guide to describe the
specifications of prescribed reports to FIU-IND. FIU-IND has also developed a
Report Generation Utility and Report Validation Utility to assist reporting
entities in the preparation of prescribed reports. The Office Memorandum issued
on Reporting Formats under Project FINnet dated 31st
March, 2011 by FIU containing
all relevant details are available on FIU’s website. Banks/FIs should carefully
go through all the reporting formats prescribed by FIU-IND.
60. FIU-IND
have placed on their website editable electronic utilities to file electronic
Cash Transactions Report (CTR)/ Suspicious Transactions Report (STR) to enable
banks/FIs which are yet to install/adopt suitable technological tools for
extracting CTR/STR from their live transaction data base. It is, therefore,
advised that in cases of those banks/FIs, where all the branches are not fully
computerized, the Principal Officer of the bank/FI should cull out the transaction
details from branches which are not yet computerized and suitably arrange to
feed the data into an electronic file with the help of the editable electronic
utilities of CTR/STR as have been made available by FIU-IND on their website http://fiuindia.gov.in.
In terms of Rule 8, while
furnishing information to the Director, FIU-IND, delay of each day in not
reporting a transaction or delay of each day in rectifying a misrepresented
transaction beyond the time limit as specified in the Rule shall constitute a
separate violation. Banks/FIs are advised to take note of the timeliness of the
reporting requirements.
62.
Reports
to be furnished to FIU-IND :
1)
Cash
Transaction Report (CTR)
2)
Suspicious
Transaction Reports (STR)
3)
Non-Profit
Organisation
4)
Cross-border
Wire Transfer
63. The
CTR for each month should be submitted to FIU-IND by 15th of the succeeding
month. Cash transaction reporting by branches to their controlling offices
should, therefore, invariably be submitted on monthly basis and banks/FIs
should ensure to submit CTR for every month to FIU-IND within the prescribed
time schedule.
64. All
cash transactions, where forged or counterfeit Indian currency notes have been
used as genuine should be reported by the Principal Officer of the bank to
FIU-IND in the specified format(Counterfeit Currency Report – CCR), by 15thday
of the next month. These cash transactions should also include transactions
where forgery of valuable security or documents has taken place and may be
reported to FIU-IND in plain text form.
65. While
filing CTR, details of individual transactions below Rupees Fifty thousand need
not be furnished. CTR should contain only the transactions carried out by the
bank on behalf of their clients/customers excluding transactions between the
internal accounts of the bank.
66. A
summary of cash transaction reports for the bank as a whole should be compiled
by the Principal Officer of the bank every month in physical form as per the
format specified. The summary should be signed by the Principal Officer and
submitted to FIU-IND. In case of CTRs compiled centrally by banks for the
branches having Core Banking Solution (CBS) at their central data centre, banks
may generate centralised CTRs in respect of the branches under core banking
solution at one point for onward transmission to FIU-IND, provided the CTR is
to be generated in the format prescribed by FIU-IND.