Dated : June 29, 2010
N O
T I C E
Trading members are hereby informed that the Exchange has
received a Circular from SEBI Ref. No.CIR/ISD/AML/2/2010 dated 14th
June, 2010 on Anti Money Laundering Standards/combating Financing of Terrorism.
The contents of the said Circular are given here under for information of the
members.
Quote : -
CIR/ISD/AML/2/2010
June 14, 2010
To all
Intermediaries registered with SEBI under Section 12 of the SEBI Act.
(Through the stock
exchanges for stock brokers, sub brokers, depositories for depository
participants, AMFI for Asset Management Companies.)
Sub: Anti Money
Laundering (AML) Standards/Combating Financing of Terrorism (CFT)/Obligations
of Securities Market Intermediaries under Prevention of Money Laundering Act,
2002 and Rules framed there-under.
Dear Sir/Madam,
1. SEBI, vide Master Circular No.
ISD/AML/CIR-1/2010 dated February 12, 2010,
issued consolidated
requirements/obligations to be fulfilled by all registered intermediaries with
regard to AML/CFT. In addition to the obligations contained in
the Master Circular, following are the
additional requirements to be fulfilled or the
clarifications with regard to existing
requirements:
a. Clause 3.2.3 (f) of the Master
Circular lays down obligations to establish policies and procedures with regard
to role of internal audit. It is clarified that the internal audit function
should be independent, adequately resourced and commensurate with the size of
business and operations, organization structure, number of clients and other
such factors.
b. The following clause numbered 5.1(f)
is added after the existing clause 5.1(e) of the Master Circular: “Registered intermediaries shall
periodically update all documents, data or information of all clients and
beneficial owners collected under the CDD process”.
c. The following new clause numbered 5.2.1(g) is added after
the existing clause 5.2.1 (f) of the Master Circular: “The CDD process should necessarily be revisited when there are
suspicions of money laundering or financing of terrorism (ML/FT)”.
d. The following line is added in the
existing clause 5.3.1 of the Master Circular: “Further low risk provisions should not apply when there are suspicions
of ML/FT or when other factors give rise to a belief that the customer does not
in fact pose a low risk.”
e. While dealing with clients in high
risk countries where existence/effectiveness of money laundering control is
suspect, it is clarified that 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.fatfgafi.
org), registered intermediaries should
independently access and consider other publicly available information.
f. Clause 5.5(a) of the Master Circular
shall read as follows: “All registered
intermediaries shall proactively put in place appropriate risk management
systems to determine whether their client or potential client or the beneficial
owner of such client is a politically exposed person. Such procedures should
include seeking relevant information from the client, referring to publicly
available information or accessing the commercial electronic databases of PEPS.
Further, the enhanced CDD measures as outlined in clause 5.5 should also be
applicable where the beneficial owner of a client is a PEP”.
g. The existing clause 5.5(c) of the Master Circular shall
read as follows: “Registered
intermediaries shall also take reasonable measures to verify the sources of
funds as well as the wealth of clients and beneficial owners identified as
PEP”.
h. Clause 8.2 of the Master Circular
prescribes that intermediaries shall maintain the records of the identity of
clients prescribed in Rule 9 of the PML Rules for a period of 10 years from the
date of cessation of transactions between the client and intermediary. It is
clarified that the “date of cessation of transactions” shall be read to mean
the “date of termination of an account or business relationship”.
i. It is clarified that the ”tipping
off” provision in clause 13.3 of the Master Circular extends not only to the
filing of the STR and/or related information but even before, during and after
the submission of an STR.
2. All the registered intermediaries
are directed to ensure compliance with the requirements contained in this
circular on an immediate basis. Stock exchanges,
Depositories and AMFI are also directed
to bring the contents of this circular to the attention of their members/
depository participants and verify compliance during inspections.
3. This circular is being issued in
exercise of powers conferred under Section 11 (1) of the Securities and
Exchange Board of India Act, 1992 (SEBI Act), and Rule 7 and Rule 9 of Prevention
of Money-laundering (Maintenance of Records of the Nature and Value of
Transactions, the Procedure and Manner of Maintaining and Time for Furnishing
Information and Verification and Maintenance of Records of the Identity of the
Clients of the Banking Companies, Financial Institutions and Intermediaries)
Rules, 2005 (PML Rules) to protect the interests of investors in securities and
to promote the development of, and to regulate the securities market.
Yours faithfully,
S. Ramann
Unquote :
Members are requested to note that the aforesaid
guideline of SEBI and act accordingly.
DGM (MOP & Surveillance)