Anti- Money Laundering & Know Your Customer Questionnaire

Transcription

1 Anti- Money Laundering & Know Your Customer Questionnaire As part of Banque du Caire 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: Banque du Caire Head Office 6, Dr. Mostafa Abou Zahra St., Nasr City, Cairo Egypt P.O.Box:11371 Cairo, Egypt Tel: Fax: Att.: Banque du Caire Compliance & Corporate Governance Group A. Scope of questionnaire B. General Corporate information s 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 I. FATCA Documentation Request J. Financial Institution Authorized Signatories Questionnaire Please check the appropriate answers and/or provide the needed information/document as applicable. BDC AML & KYC Questionnaire 2014 Page 1

2 A. Scope of The Questionnaire Please confirm the areas of your organization covered by the questionnaire: 1. Head Office & domestic branches 2. Domestic subsidiaries 3. Overseas subsidiaries 4. Overseas branches 5. AML questionairee applies to this branch/subsidary only B. General Corporate Information s Institution Name (Full Legal Name) Legal form Date established Type of License: Name of authority in your country which issues banking Licenses (or equivalent ) Registration / License No.: Global Intermediary Identification Number (GIIN) Address: Location of the Head Office: Website Address: Contact Name: Executive Management Telephone address Name Position Date of Appointment AML / CFT Compliance Officer: Name:. Address:. Contact Number(s):.. Address:. Purpose of account with BDC Expected monthly activity No. of transactions: Dollar Amount: BDC AML & KYC Questionnaire 2014 Page 2

3 1. What is the name of your key regulatory authority? C. Regulatory Environment Has your country established laws designated to address FATF 40+9 standards and controls in particular to prevent money laundering and terrorist financing? 3. Does your Country s regulatory body require all Financial Institutions to have AML/CFT and KYC procedures? 4. Do these laws and regulations require your Institution to comply with internationally accepted KYC standards? 5. Does your Financial 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? 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 jurisdictions in the fight against Money Laundering and Financing of Terrorists? 8. Does your regulator undertake monitoring visits to assess compliance with money laundering laws and regulations? 9. Has your regulator fined or sanctioned any financial institution for failing to comply with anti-money laundering rules or know your customer requirements? 10. Does your regulator provide/ publish any guidance and/or lists of individuals or entities known or suspected of Money Laundering or Financing of Terrorists? 11. Do you conduct cover payments (i.e. payment intructions utilizing the MT202 Swift message type? If YES, do you utilize the MT202COV SWIFT message type in all cases that a cover payment is required? If NO, please explain the policies and procedures implementes to mitigate the potential risk associated with it Do you have a presence in any of the six US-sactiones countries? If YES, check ehich one(s): ( ) Burma/Mynammar rth Korea ( ) Cuba ( ) Sudan ( ) Iran ( ) Syria Please elaborate below how you ensure compliance with international applicable sanctions laws or requirements Does your institution have any units operating under an offshore banking license If yes, please provide a list of such units. 14. Does your institution comply with FATF Recommendation (16) regarding wire transfers and ensure that full originator information is included in all payment that you make? BDC AML & KYC Questionnaire 2014 Page 3

4 D. Institution S KYC & AML Policies and Practices 1. Do you have a policy and procedures for prevention of money laundering and terrorist financing? 2. Does your Institution have an AML Compliance Program approved by the Board or the Senior Committee? 3. Does the AML Compliance Program include AML/CFT & KYC Policies & Procedures? If yes, are these policies & procedure revised periodically? 4. Does your compliance program include establishing policies, procedures and processes for managing economic and trade sanctions? 5. Does your Institution ensure that your policies, procedures and controls are communicated and enforced effectively in your network of domestic and international offices? 6. Does your Institution have an established audit and compliance review function to test the adequacy of AML & CFT procedures and policies? 7. Does your institution have procedures to identify transactions structured to avoid large reporting requirements? 8. Does your financial institution have a monitoring program for unusual and potentially suspicious activity that covers funds transfers and monetary instruments such as traveller's checks, money orders, etc? 9. Does your Institution have a written policy for identification & reporting suspicious activities and transactions to the competent authorities? 10. Does your Institution provide periodic AML/CFT training to its staff? if YES, how often Does your financial institution have policies to communicate new AML related laws or changes to existing AML related policies or practices to relevant employees 12. Does your financial institution employ third parties to carry out some of the functions of the FI? 13. Do you screen customers and transactions against lists of sanctioned persons, entities, countries issued by government, competent authorities, international black lists? If Yes, please indicate lists you are using? 14. Has the Institution been subjected to a Money Laundering or Financing of Terrorists investigation in the last five years? 15. 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? 16. Are you satisfied that you have adequate anti money laundering arrangements in place and that they are operating effectively? BDC AML & KYC Questionnaire 2014 Page 4

5 E. Customer Due Diligence 1. Has your financial institution implemented processes for the identification of those customers or on whose behalf of them before transactions business with them? 2. Does your Institution verify customer s identity using reliable, independent source of documents, data or information? 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? 4. Do your procedures arrangements include procedures to identify new customers and confirm legitimacy of their business? 5. Does your Institution collect information regarding customer business activities? 6. Does your Institution take appropriate steps to understand the normal and expected transactions of your customers based on your customer risk assessment? 7. Does your Institution have a risk based focused assessment for customers base as well as customers transactions? 8. Does your AML/CFT/KYC procedures comply with the international standards (i.e. Basel Committee, FAFT, etc ) 9. Does your institution provide financial services to: a. Walkin customers b. Politically exposed persons c. Private banking services d. Money transmission services, which are not licensed or authorized by a regulatory or governmental body If Yes, Does your institution apply an enhanced due diligence on such an account? 10. 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? 11. Does your Institution keep anonymous/numbers accounts? 12. Do your AML/CFT/KYC policies and procedures require that an enhanced due diligence be conducted regarding certain customers that may present a heightened level of Money Laundering and/or Terrorists Financing risks to your Institution. BDC AML & KYC Questionnaire 2014 Page 5

6 F. Correspondent Banking Information 1. Does your Institution maintain any correspondent banking relationship with any shell bank (bank without a physical presence and not affiliated to a regulated bank that do not maintain a physical presence)? If YES, please list the institution s names on a separate sheet? 2. Has your Institution provided a US Patriot Act Certification to Financial Institutions in the USA? 3. Do any of your correspondent banks originate from the non-cooperative jurisdictions as identified by the FATF? 4. If yes to question F3, has your Institution formulated any procedure in respect of the ongoing monitoring of activities conducted through such correspondent accounts? 5. Does your bank have payable-through accounts that are used directly by third parties to transact business on their own behalf? 6. If yes to Question F5, does your Institution verify identity of any third party entities that will use the correspondent banking services? 7. Does your Institution have a physical presence (meaning 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) at the address from which it is operating? 8. Does your Institution use its accounts at BDC for any commercial or wholesale payment activity for the banks? If YES; we would need the list of correspondents. 9. Does your Institution provide correspondent banking service to, for the benefit of, or on the direction or order of any sanctioned financial institution/country? 10. Does your Institution conduct a risk assessment on its correspondents periodically? BDC AML & KYC Questionnaire 2014 Page 6

7 G. Ownership Structure 1. Is your Institution publicly owned? 2. Does your institution have a governance Codex? 3. Is your Institution listed on any Stock Exchange? If YES; please provide the name of the Stock Exchange If NO; please attach a list of the beneficial owners (person or entity who owns, controls or has power to vote for 10 % 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%) of the bank (including their nominees, if their shares are held by nominees). 4. Please confirm whether any of the principal owners of your Institution is considered as Politically Exposed Person (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 and important officials of political parties). 5. Has your financial institution / member of the board of directors / shareholders been fined or censured for a breach of anti-money laundering legislation? If so, please give details 6. Please confirm that your institution has performed an appropriate level of Due Diligence with regard to your principal owners. Please submit a copy of the following documents: 1. Registration Certificate. 2. License certificate. 3. Article of association (partnership agreement) 4. Outline of your KYC, AML and CFT Policies 5. Latest Annual Report. 6. US Patriot Act Certification 7. List of Shareholders and percentage of shares. 8. List of Foreign branches and subsidiaries. 9. Board of Directors and their nationalities. H. Required Documents Your prompt attention to this matter is highly appreciated. Thank you for your cooperation. BDC AML & KYC Questionnaire 2014 Page 7

8 I. FATCA Documentation Request 1. What is FATCA The Foreign Account Tax compliance Act (FATCA) is a US tax law that requires Foreign Financial Institutions (FFIs), including Banque du Caire (BDC) and its affiliates to register with the US Internal Revenue Service (IRS). FATCA also requires both US withholding Agents (USWAs) and FFIs to (i) identify their US and non- US clients who hold financial accounts; (ii) properly document from a US tax perspective the clients holding financial accounts in order to establish their FATCA compliance status; (iii) in certain circumstances apply a 30% withholding tax in certain US source income payments made to Non-Participating Foreign Financial Institutions (NPFFIs); and (iv) report certain information on US and NPFFI clients financial accounts by Banque du Caire to the relevant tax authorities. To comply with the client identification and documentation obligations of FATCA, Banque du Caire must request valid US tax documentation (i.e. Form W-9, Form W-8 and/or a self-certification form) and supporting documentation, where applicable, from clients and counterparties with whom it transacts business in order to document their FATCA Clients who fail to provide applicable documentation to certify their FATCA status to Banque du Caire by relevant regulatory deadlines will be categorized according to the FATCA regulations and as a result may be subject to a 30% FATCA withholding tax on US source income payments and reporting to the relevant tax authorities. Please also be advised the Banque du Caire will be required to apply withholding tax and report on accounts that are recalcitrant and/or NPFFIs as determined by the documentation received by Banque du Caire. 2. Documentations required In line with the FATCA account due diligence for accounts held by Financial Institutions, Banque du Caire requests that you complete, date, sign and return the applicable US tax form. BDC AML & KYC Questionnaire 2014 Page 8

9 J. 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 Banque Du Caire Use Received and reviewed by Title Date BDC AML & KYC Questionnaire 2014 Page 9