I. Internal Control System to Fulfill the Obligation to Identify Customers, etc.

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1 (Attachment 3 1) Checklist for Compliance with Foreign Exchange Laws and Regulations in Relation to the Obligation to Identify Customers, etc. of Financial Institutions, etc. (excluding Currency Exchange Business) I. Internal Control System to Fulfill the Obligation to Identify Customers, etc. 1. Positioning of Compliance with Foreign Exchange Laws and Regulations in Relation to the Obligation to Identify Customers, etc. within the Legal Compliance System Use (Attachment 1) Checklist for the Overall Internal Control System for Compliance with the Foreign Exchange Act, etc. to check whether the institution has a system to comply with foreign exchange laws and regulations (in relation to the obligation to identify customers of financial institutions, etc.) within the framework of the legal compliance system. 2. Positioning of Compliance with Foreign Exchange Laws and Regulations within the Administrative Risk Management System Use (Attachment 1) Checklist for the Overall Internal Control System for Compliance with the Foreign Exchange Act, etc. to check whether the institution has a system to comply with foreign exchange laws and regulations (in relation to the obligation to identify customers of financial institutions, etc.) within the framework of the administrative risk management system. (Note) For this check item as well as 1. above, conduct inspections based on the recognition that financial institutions, etc. must comply with foreign exchange laws and regulations related to the obligation to identify customers, etc. in assuring response to economic sanctions such as asset freeze. 3. Other Does the institution appoint a director in charge or manager who is responsible for performing the obligation to identify customers, etc. (hereinafter referred to as Identity Confirmation Administrator )? Has the institution developed a system in which an Identity Confirmation Administrator coordinates among related divisions and branches (including divisions and branches in charge of response to economic sanctions such as asset freeze), including the Compliance Control Division, operational divisions, administrative divisions, and sales branches, to comply with the provisions of foreign exchange laws and regulations related to the obligation to 本人確認 1

2 identify customers, etc. without fail? (Note) Even if an institution has not appointed a responsible person by specifying compliance with foreign exchange laws and regulations related to the obligation to identify customers, etc., the institution shall be deemed to fulfill the check item if the following requirements are fulfilled. (i) It is clear from the corporate post of a director in charge or manager that he/she is responsible for compliance with foreign exchange laws and regulations related to the obligation to identify customers, etc. (ii) The relevant director in charge or manager actually coordinates among related divisions and branches and takes measures to develop a system to comply with foreign exchange laws and regulations related to the obligation to identify customers, etc. II. Status of Fulfillment of the Obligation to Identify Customers, etc. 1. Transactions or Acts that Require Identity Confirmation Does the institution obtain identity confirmation with regard to specified exchange transactions, acts such as conclusion of a contract pertaining to capital transactions, or currency exchange, while keeping the points listed in (1) to (6) below in mind, pursuant to the provisions of foreign exchange laws and regulations related to the obligation to identify customers, etc.? (1) In committing a specified exchange transaction pertaining to a customer s (resident) payment and receipt of payment in relation to a non-resident, does the institution obtain identity confirmation even where the specified exchange transaction is committed within Japan? (Note) It is also permissible to respond with ordinary care with regard to whether the other party to the transaction is a non-resident (the same shall apply in (3)). (2) Where a natural person who takes charge of a specified exchange transaction is not a customer, does the institution obtain the identity confirmation of the natural person who takes charge of the specified exchange transaction as well as that of the customer? (3) Does the institution distinguish accounts for which identity confirmation has yet to be obtained from other accounts so as to make it possible to obtain the identity confirmation in an appropriate manner when committing a transaction that requires identity confirmation? 本人確認 2

3 In particular, where a non-resident makes an incoming remittance to an account of a customer who is a resident, does the institution obtain identity confirmation at the time of paying-in? (Note) Where it is in fact difficult to obtain identity confirmation prior to a transaction, it is permissible to obtain the identity confirmation after the beginning of the transaction, within the scope that is reasonable in terms of generally-accepted idea concerning transactions. (4) Does the institution obtain identity confirmation while distinguishing transactions or acts, etc. subject to identity confirmation into those that come not to require identity confirmation depending on the amount criteria and those that require identity confirmation irrespective of the amount criteria? (5) Where a customer whose identity confirmation has already been obtained is suspected of having disguised identifying matters or of pretending to be another person, does the institution obtain the identity confirmation of the customer again? (6) Does the method of converting the amount to yen in determining payment, etc. and cash transactions subject to identity confirmation comply with the provisions of foreign exchange laws and regulations? 2. Identity Confirmation Method Does the institution obtain the identity confirmation of customers by an appropriate method while keeping the points listed in (1) to (4) below in mind, pursuant to the provisions of foreign exchange laws and regulations related to the obligation to identify customers, etc.? (1) Does the institution verify customer identification data using identification documents in the following categories? (i) Documents which complete verification of customer identification data only when presented (ii) Documents which require the use of any of the following methods to complete verification a. Presentation of other identification documents or supplementary documents b. Reception of originals or copies of other identification documents or supplementary documents c. Sending of a transfer-prohibited postal item, etc. (iii) Documents which require the sending of a transfer-prohibited postal item, etc. to 本人確認 3

4 complete verification (2) For identification documents with a period of validity, does the institution confirm that the documents are valid on the day of confirmation? For identification documents without a period of validity, does the institution confirm that the documents have been prepared within six months? (3) In identity confirmation, does the institution take appropriate actions where a document presented or submitted by a customer is suspected of having been counterfeited or altered, etc. (for example, submission of a notification of suspicious transactions)? (4) Where a financial institution, etc. outsources work, such as receipt and checking of documents presented by customers at the time of identity confirmation, it is necessary to first conclude an agreement, etc., which ensures obtainment of identity confirmation, with the outsourcee under the recognition that the financial institution, etc. bears the obligation to identify customers, etc., and then monitor the status of obtainment of identity confirmation by the outsourcee on a regular basis. 3. Method of Verification of Customer Identification Data of a Foreign National Who Does Not Have a Domicile in Japan For a foreign national who does not have a domicile in Japan and who has the status of residence of "Temporary Visitor" (tourist, etc.) and whose domicile in the state to which the foreign national belongs cannot be verified based on statements in his/her passport, etc., does the institution verify his/her nationality and identification number by his/her passport or crew member's pocket-ledger in addition to his/her name and date of birth, pursuant to Article 7 of the Ordinance for Enforcement of the Act on Prevention of Transfer of Criminal Proceeds? In conducting the verification, does the institution verify by a seal of verification for landing, etc. that the period of stay of the foreign national does not exceed 90 days? 4. Preparation and Preservation of a Record of Identity Confirmation Does the institution prepare and preserve a record of identity confirmation in an appropriate manner while keeping the points listed in the following (1) to (2) in mind, pursuant to the provisions of foreign exchange laws and regulations related to the obligation to identify customers, etc.? (1) When having come to know that there is a change or addition to the identifying matters, etc. out of a record of identity confirmation, does the institution additionally include the content pertaining to the change or 本人確認 4

5 addition in the record of identity confirmation? In addition, in that case, does the institution preserve the matters already recorded in the record of identity confirmation (excluding the content pertaining to the change or addition) without deleting them? (2) Where the institution makes a record of identity confirmation in multiple written records, is each recorded matter recorded by a method that can be linked? In addition, does the institution preserve each written record in an appropriate manner? 5. Understanding of the Status of Fulfillment of the Obligation to Identify Customers, etc. (1) Does the Identity Confirmation Administrator receive reports on the status of fulfillment of the obligation to identify customers, etc. from related divisions and branches on an as needed basis and thereby understand the status of response in a precise manner? (2) Does the Identity Confirmation Administrator verify the validity of administrative procedures and organizational frameworks intended to comply customers, etc. in a timely and appropriate manner and review the administrative procedures and organizational frameworks intended to comply customers, etc. under the recognition that the fulfillment of the obligation to identify customers, etc. is a factor that is important in complying with foreign exchange laws and regulations related to economic sanctions such as asset freeze, in accordance with changes, etc. of the actual conditions of business on an as needed basis? (3) Does the Identity Confirmation Administrator report the status of compliance customers, etc. to the Board of Directors, etc. on an as needed basis? Does the Board of Directors, etc. carry out appropriate decision-making concerning matters such as the development of frameworks for complying with foreign exchange laws and regulations related to the obligation to identify customers, etc. based on the report? (Note) Regarding reports to the Board of Directors, etc., an institution shall be deemed to fulfill the check item if a report concerning the overall status of legal compliance includes statements concerning the status of fulfillment of the obligation to identify customers, 本人確認 etc. 5