Anti-Money Laundering & Know your Customer Questionnaire

Transcription

1 Anti-Money Laundering & Know your Customer Questionnaire As part of National Bank of Egypt Global compliance with its AML, CFT, and KYC policies and procedures, you will find, hereunder, AML & KYC questionnaire to be completed by your Institution and duly signed by an authorized person. Please complete and return your responses on this questionnaire to the following address: National Bank of Egypt NBE building,321 Ahmed Lotfy St. El-zha El-Gedida-Cairo Egypt P.O. Box: 11769, Cairo, Egypt Tel: /3/4 Fax: Attention: National Bank of Egypt Compliance & Corporate Governance Group QUESTIONNAIRE A. Scope of the questionnaire B. Corporate information C. Regulatory environment D. Institution s KYC & AML policies and practices E. Customer due diligence F. Correspondent banking information G. Ownership structure H. Required documents q. Applicable tax form for FATCA purposes Please check the appropriate boxes and/or provide the needed information/ documents as applicable. A. SCOPE OF THE QUESTIONNAIRE Please confirm the areas of your organization covered by this questionnaire: a) Head Office & domestic branches b) Domestic subsidiaries c) Overseas subsidiaries d) AML questionnaire applies to this branch/subsidiary only

2 B. CORPORATE INFORMATION Institution Name (Full Legal Name) Type of license: License.: Address Location Of The Head Office Website Address Issuing authority: Executive management: (or attach) Name Date of birth Position Date of appointment AML/CFT Compliance Officer Name:... Address: Contact Number(s):.. Address:... Type of relation with NBE. of accounts with NBE and currencies Account currency Purpose of account with NBE Expected monthly activity. of transactions Dollar Amount

3 C. OWNERSHIP STRUCTURE 1- Is your Institution publicly owned? 2- Is your Institution listed on any Stock Exchange? If ; please provide the name of the Stock Exchange.. 3- Please attach a list of the beneficial owners 1 of the bank (including their nominees, if their shares are held by nominees). Including the following info First name Last name Beneficial Ownership interest (%) Nature of beneficial ownership (direct / Indirect) (U)BO s country of nationality (U)BO s address (U)BO s date of birth 4- Please confirm that your Institution has performed an appropriate level of Due Diligence with regard to your principal owners. 5- Please confirm whether any of the principal owners/board of directors/senior management of your Institution is considered as Politically Exposed Person 2. If yes please provide the following First name Last name Role/Relation with the Institution Reason for being considered a s PEP Nationality Address Date of birth D. REGULATORY ENVIRONMENT 1 Person or entity who owns, controls or has power to vote for 10 percent or more of any class of voting securities or other voting interests, or of the 10 largest shareholders if no owner has greater than 10 percent. 2 PEP s are past or current individuals who are or were formerly entrusted with high-level public functions in a foreign country, such as senior politicians, heads of state or of government, senior judicial or military officials and important officials of political parties.

4 1- What is the name of your key regulatory authority? 2- Has your Country established laws designated to combat Money Laundering and Financing of Terrorism according to FATF/GAFI standards and controls? If, Does your Country endorse the recommendations and principles of FATF/GAFI (40)? 3- Does your Country s regulatory body require all Financial Institutions to have written AML/CFT and KYC policies & procedures? 4- Does your country require your Institution to comply with internationally accepted KYC standards? 5- Does your Institution apply your Home Country laws and/or regulations designed to deter and detect Money Laundering and Financing of Terrorists to foreign branches and subsidiaries? 6- In case of conflict between your Home Country AML/CFT laws and/or regulations and the local laws and/or regulations in the foreign jurisdiction where you have branches or subsidiaries, do you apply the highest standard? 7- Do you exercise high level of due diligence concerning high risk countries including those previously defined as non-cooperative countries in the fight against Money Laundering and Financing of Terrorists? 8- Does your regulator provide/publish any guidance and/or lists of individuals or entities known or suspected of Money Laundering or Financing of Terrorists? 9- Does your Institution conduct covers payments (i.e. payment instructions utilizing the MT202 Swift message type)? If, do you utilize the MT202COV SWIFT message type in all cases that a cover payment is required? If, please explain the policies and procedures implemented to mitigate the potential risks associated with it.

5 . 10- Do you have a presence in any of sanctioned country? If, please circle which one(s) Burma, Myanmar, Cuba, Iran, rth Korea, Sudan and Syria, other ( ). Please elaborate below how you ensure compliance with international applicable sanctions laws or requirements.. 11-Does your institution have any units operating under an offshore banking license? If, please provide a list of such units Does your institution comply with FATF Recommendation 16 regarding wire transfers and ensure that full originator information is included in all payments that you make? E. INSTITUTION S KYC & AML POLICIES AND PRACTICES 1- Does your Institution have an AML Compliance Program approved by the Board of Directors? 2- Does the AML Compliance Program include AML/CFT & KYC Policies & Procedures? If, are these policies & procedures revised periodically? 3- Does your Compliance program include a designation of a compliance officer that is responsible for coordinating and overseeing the AML program on a daily basis? 4- Does your Institution have a written policy for reporting suspicious activities and transactions to the competent authorities?

6 5- Are there adequate measures taken by your Institution to ensure that no financial services are provided to the listed terrorists and/or sanctioned names notified by your competent parties? 6- Has the Institution been subjected to a Money Laundering or Financing of Terrorists investigation in the last five years? If, please provide details on a separate sheet. 7- Does your Institution ensure that your policies, procedures, and controls are communicated and enforced effectively in your network of domestic and international offices? 8- Where you are providing banking services to other credit/financial institutions, do you have procedures to ensure that they have robust AML/CFT procedures in place? 9- Does your Institution have an established audit and compliance review function to test the adequacy of AML and CFT procedures and policies? 10- Does your institution have procedures to identify transactions structured to avoid reporting requirements? 11- Does your Institution provide periodic AML/CFT training to its staff? If yes, how often?.. F. CUSTOMER DUE DILIGENCE 1- Does your Institution have a risk based focused assessment for customers base as well as customers transactions? 2- Does your institution collect information regarding customer business activities? 3- Does your Institution have procedures to establish a record for each customer noting their respective identification documents and KYC information collected at the account opening?

7 4- Does your institution take appropriate steps to understand the normal and expected transactions of your customers based on your customer risk assessment? 5- Do your AML/CFT/KYC policies and procedures require that an enhanced due diligence be conducted regarding certain customers that may pose a high level of Money Laundering and/or Terrorists Financing risks to your Institution. 6- Does your Institution provide services to internet gambling companies? If, please answer the following:- 6-1 How many internet gambling customers does the bank have?. 6-2 Explain enhanced due diligence measures taken by your institution regarding such customers? 6-3 How does your institution ensure that such business is properly licensed?. 7- Does your Institution provide financial services to:- a) Walk-in customers b) Politically exposed persons. c) Private banking services. d) Money services businesses MSBs If the answer is for any of the above please answer the following:- 7-1Does your Institution apply enhanced due diligence on such customers? 7-2 Does your Institution collect sufficient information and documents for such customers?

8 7-3 Does your Institution insure that it s MSBs customers are properly licensed and regulated? 7-4 Where are your Institution s MSB customers located? Domestic International If your Institution has international (i.e. non-domestic) MSB customers, please indicate which countries they are located in? Does your Institution s AML Policy restrict it from providing services to certain classes of MSB? (E.g. by type or country of operation?) If so, what are these restrictions? Does your AML/CFT/KYC procedures comply with the international standards (i.e. Basel Committee, FATF, etc.)? 7- Does your Institution keep/maintain all the relevant personal details of your customers required by your regulatory authority in accordance with the record retention procedures pursuant to applicable law? 8- Does your Institution verify customer s identity using reliable, independent source of documents, data, or information? 9- Does your Institution keep any anonymous/ numbered accounts? 10- Do your procedures arrangements include procedures to identify new customers and confirm legitimacy of their business? 11- Does your Institution Provide Bulk Cash exporting 1 services? If, 11-1 Does your Institution utilize your account with NBE for Bulk Cash related transactions/settlements?

9 11-2 Does your Institution apply AML/CFT policies, procedures and processes and take reasonable measures to verify the source of funds regarding Bulk Cash transactions? 12- Which of the following constitute primarily the Financial Institution s customer base? Please indicate the share of each customer group that exceeds 10% in absolute and percentage terms. Type Applicable Number Percentage (%) 1.Individuals (Mass Retail) 2. Individuals (Wealth Management/Premium) 3. Individuals (Private Banking) 4. Corporates 5. Banks 6. Correspondent Banks 7. n-bank Financial Institutions 8. Government / Supranational 9. Other 13- What are the top 5 countries where the Financial Institution s customers are domiciled? Country Share of total revenue (%) Share of total profit (%). of customers/total. of customers (%) G. CORRESPONDENT BANKING INFORMATION 1- Does your Institution maintain any correspondent banking relationship with any shell bank 3? 1 Bulk cash export means that a bank exports large quantity of foreign currency banknotes through couriers to another bank in another country. These funds may represent a surplus not needed by a bank or collected from other domestic banks and then exported to one of the bank's correspondents abroad. 2 Bank without a physical presence and not affiliated to a regulated bank that does not maintain a physical presence.

10 And does your Institution take reasonable steps to insure that it doesn t provide any services to shell banks? 2- Does your Institution have a physical presence 4 at the address from which it is operating? 3- Does your Institution perform payable-through accounts transactions? 4- Does your Institution perform any NESTED transactions? If, Please make sure that such transactions are not routed through NBE. Please explain EDD measures applied by your institution on such services. 5- Does your Institution perform transactions in favor of third parties? If, Does your Institution verify identity of any third party that will use the banking services? 6- Do any of your correspondent banks originate from the non-cooperative countries and territories as identified by the FATF? 7- If, has your Institution formulated any procedure in respect of the ongoing monitoring of activities conducted through such correspondent accounts? 8- Has your institution provided a US Patriot Act Certification to Financial Institutions in the USA? 9- Does your Institution use its accounts at NBE/NBE Foreign Branches for any commercial or wholesale payment activity for other banks? If ; please provide a list of correspondents. 3 Physical presence means that your Institution maintains a physical place of business, other than an electronic address, in a country where it is authorized to conduct banking activities, at which it employs on a full-time basis and maintain records of its banking activities, and is subject to supervision by the regulators of the country authorizing the banking.

11 10- Does your institution conduct a risk assessment on its correspondents periodically? 11. Is your Institution participating in the United States FATCA law?, If yes please provide your GIIN GIIN:.. H. REQUIRED DOCUMENTS Please submit a copy of the following documents: 1. Registration Certificate 2. License Certificate 3. Article of Association 4. Outline of your KYC, AML, and CFT Policy 5. Latest Annual Report (if not available on your website). 6. US Patriot Act Certification 7. List of Shareholders and percentages of shares 8. List of Foreign branches and subsidiaries 9. Board of Directors and their nationalities 10. Applicable tax form for FATCA purposes. Your prompt attention to this matter is highly appreciated. Thank you for your cooperation. I- GENERAL I. FINANCIAL INSTITUTION AUTHORIZED SIGNATORIES I certify that the statements made in this questionnaire are complete and accurate, and that I am authorized to execute this questionnaire on behalf (Name of your Institution). Full Name... Title.... Contact Details Signature Date.. For National Bank of Egypt Use Received and reviewed by Title