Professional Documents
Culture Documents
Compliance [lepartnrent
Head office
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Pt. No. Particulars Page No,
1 ob ective 4
2 S e 4
3 obti ations under Prevention of Mon Launderi 2002 PML Act 5
4 Major changes effected in PML Act, 2OO2, to implement Financial Action 6
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Combalin Financl of Terrorism CF
Mone Launderi
General
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rrEI Customer Acce
Risk Mana ement
ce Poli
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Customer and CDD/EDD
Monitorin of Transactions
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37
16. Maintenance and preservation of Records of Transactions/ Preservation of 40
lnformation
17. Wire Transfers 42
18. c red it De bit I Sm art I G ift c ards M ob le Wa ell Net B a n ki n gl M o b 44
B a n k ng RTGS/ N E FTI E c s/ M P S De m a Services,/ E KYc M oney
La u n d e I n T h rea ts tro m n ew ech n o
19.
20.
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R
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obr ations and Shari of lnformation
CDD Procedure and sharing KyC inform ation with Central KYC Records
CKYCR
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1. Obiective
(a) To enable the Bank to know/understand the customers and their financial
dealings better, thereby helping us to manage the risks prudentially,
(b) To prevent the Bank from being used, intentionally or unintentionally, by criminal
elements for money laundering or terrorist financing activities,
(c) To put in place a proper control mechanism for detecting and reporting of
suspicious transactions in accordance with the statutory and regulatory
provisions,
(d) To ensure that all the provisions of Prevention of Money Laundering Act, 2002
and the Rules made there under and all subsequent amendments thereto are
duly complied with, and
(e) To ensure compliance with guidelines/inshuctions issued by the regulators,
including FIU-lND and RBt.
2. Scope
Applicability,
(a) RBI Master Directions (KYc) 2016, (dated 25.02.2016) its provisions contained
therein and adopted by our Bank, applies to our Bank being the entity regulated
by RBI by granting us license under section 22 of Banking Reguration Act 1949.
(b) The KYC/AML directions / standards prescribed by RBI shall also apply to all our
overseas establishments i.e. all our branches at foreign centers, representative
offlces, majority owned subsidiaries located abroad. However, laws and
regulations prevalent in any host country or RBI Directions, the stringent of the
two shall be applied.
(c) KYC / AML rules shall not apply on "small Accounts' defined under section
23 of
RBI Master Direction 2016.
RBI regulations on KYC norms and Anti Money Laundering standards are
applicable to all domestic banks and their foreign branches to the extent that
local laws and regulations of foreign host countries permit. ln case RBI
prescribed KYC norms/KYC standards are at variance with those of host country
regulators, the more stringent rules and regulation of the two should be adopted
by the overseas branches and majority owned subsidiaries.
This policy is applicable to all branches of the bank and its banking/financial
subsidiaries as well as the Depository Participant Offices of the Bank. Branches
should keep in mind that the information collected for the purpose of opening of
account is to be kept as confidential and details thereof are not to be divulged for
cross-selling or any olher purposes. lnformation sought should be relevant to the
perceived risk and should not be intrusive. Any other information from the
customer should be sought separately with his/her consent only after opening of
the account. Banks should ensure that provisions of Foreign Contribution
Regulation Act, 2010, wherever applicable, are strictly adhered to.
Princioal Officer:
Should be located at the Head Office and shall be responsible for monitoring
and reporting of all transactio of informition as required under the
law. He / she shall mainta the enforcement agencies, banks
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and any other institution which are involved in the fight against money
laundering and combating financing of terrorism,
shall be responsible for overseeing and ensuring overall compliance with
regulatory guidelines on KYC/AMUCFT issued from time to time and obligations
under the Prevention of Money Laundering Acl,2OO2 and its amendments, rules
and regulations made therein,
shall be responsible for timely submission of Cash Transaction Repod (CTR),
Suspicious Transaction Report (STR), Counterfeit Currency Report (CCR), Non-
Profit Organization Transaction Report (NPOTR) and Cross Border Wire
Transfer (CBWT) report, to the FIU-IND,
The staff working with him / her should have timely access to customer
identification data and other customer due diligence information, transaction
records and other relevant information for timely reporting to the regulators.
Desionated Di rector:
(a) Reporting entity has to identify 'Beneficial ownef (Natural person who derives
and controls the account over the juridical person);
(c) Definition of the definition of offence of money laundering has been expanded
by including t herein the act of concealment. ac ouisition DOSSeS sion and us e
of proceeds of crime within the provisions of offence of money laundering
(Section 3 of PML Act);
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(d) Part A and Part B of the Schedule to the Act have been combined so that the
provision of monetary threshold for crimes stipulated earlier (above Rs. 30 lakhs
or more) has been dispensed with and now no monetary threshold for money
laundering exits;
(e) lt empowers the Director of FIU-IND to call for records of transactions or any
additional information that may be required for the purpose of prevention of
money laundering and also to make enquiries for non-compliance of reporting
obli!ations cast upon reporting entities;
(f) Providing for attachment and confiscation of the proceeds of crime even if there
is no conviction, so long as it is proved that offence of money laundering has
taken place and property in question is involved in money laundering;
(g) The amendment spells out new definition of beneficial owner, client &
corresponding law; it also lists persons carrying on designated business or
professions, dealers in precious metals, precious stones & other high value
goods, real estate agents, persons engaged in safekeeping and adminishation of
cash and liquid securities on behalf of other persons! persons carrying on such
other activities as the Central Govt. may by a notification, so designate, from time
to time, as reporting entities;
(i) Bank employees are protected by law from criminal and civil liability for breach of
disclosure of information even if they did not know precisely what the underlying
criminal activity was regardless of whether illegal activity actually occurred;
O The Director of FIU- IND is empowered to ask for information on all records of
transactions, records of documents, evidencing identity of client and beneficial
owners and if he desires, may get audited by an accountant from amongst a
panel of accountants, maintained by Central Government, forthis purpose;
(k) Meaning of the word 'transaction' is considerably widened to address all kinds of
reporting entities. Transaction means Durcha se. sa/e. loan. pledoe. oift. transfer.
deli or the a noement th ereof includin oDenlno of accounts. deposlfs.
withdraw als. exchanoe transfer of funds in whatever cutrencv. whether in cash
or bv cheoue. nav order or oth er instrumen or bv electronic or other non-
sa box or form safe
into fiduci sh an ved in
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of a es or includin uch activi
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assoc/afed with casino and establishino or creatino a leoal oerson or leoal
arranoement:
(l) The Director of FIU-IND is vested with the power to impose penalty not only on
reporting entities but also on the Designated Director of the Board or any other
employee of the financial institution;
(m)The amended Act has defined SIX officially valid documents (OVDs) for
identification and address proof towards complying KYC norms -
(i) Passport,
(ii) Driving License,
(iii) PAN Card,
(iv) Voters lD,
(v) Job card issued by NREGA duly signed by an officer of the State
Government,
(vi) Aadhaar card and any document notified by the Central Govt. in
consultation with Regulator;
(o) AII cross border wire transfers (CBWT) of value more than rupees five lakh or its
equivalent in foreign currency where either the origin or destination of funds is in
lndia, need to be reported in prescribed format to FIU-IND, in addition to CTR
STR, NPOTR, CCR.
(p) All records pertaining to accounts, documents, files, transactions and information
on actual or attempted transaction for both domestic and international
establishments have to be r five vears and bank has to comply
swiftly with the information tors / competent authorities.
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5. FINANCIAL INTELLI GENCE UNIT - INDIA
(a) lts functions are to act as the central reception point for receiving CTR, STR,
CCR, NPOTR and Cross Border Wire Transfer (CBWT) reports. lt analyzes
information rec€ived from banks to uncover pattern of transactions suggesting
sudpicion of money laundering and related crime.
(b) lt disseminates the information to appropriate national / international authorities
to support anti- money laundering efforts.
(c) lt monitors and identifies strategic key areas on money laundering trends,
typologles and developments.
(d) Director of FIU-IND is vested with the powers of a civil court under the code of
Civil Procedure, 1908, accordingly has the power to seize, direct, penalize
reporting entities and its employees for breach or violation of pML Act.
6. Definitions
As per RBI Master Direction 2016 various 'terms' have been defined with
meaning assigned to them. These 'Terms' are given below, and details of the same
are given vide Annexure 1 - Definitions
(a) Terms bearing meaning assigned in Prevention of Money Laundering Act 2OO2
and the Prevention of Money Laundering ( Maintenance of Records) Rules 2005
(i) Act and Rules
(ii) Beneficial owner ( BO)
1. Customer acceptance
- Controllingownership
- control
2. customer - partnership firms
3. customer - an unincorporated association or body of individual
4. customer- a trust
(iii) Central KYC Records Registry ( CKYCR)
(iv) Designated Director - a person designated by RE under section rv of pML
Act
1. The Managing Director or a whole time director
2. The Managing partner
3. The Proprietor
4- The Managing Tru
5. A person or ind incorporated association
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Designated Director in respect of Cooperative Banks and RRBs
(v) Non-Profit organizations NPO
(vi) OVD - Officially Valid Documents
1 . Customer applicable to be identified under 'Simplified Measures'
-- for ldentity
2. For address - proof for limited purpose, additional documents to be
deemed as OVD
. 3. Documents containing address - Pension or ppOs, Retired
. Government employee, letter of Allotment issued by Employer etc.
(c) Any other term / expression unless defined vide annexure .1, shall
have the same
meaning as assigned in Bankin Regulation act, Prevention of Money
Laundering Act and /or any h is relevant and referred to as per
need.
7. KYG Norms / Guidelines / Directions
Knowing a customer is not just simply obtaining a copy of OVD. It is about the
understanding the normal life and business practice of the customer, by developing /
having. this knowledge about the customer we shall be able to recognize the clues/
signals which will make us aware of any suspicious activity that may be occurring.
KYC norms, guidelines and directions for various banking activities have been
enumerated in the policy in different para with details for meeting the requirement at
functionary level and ensuring effective implementation.
(a) "Al'Qaida sanctions List"- This rist incrudes onry the names of those
individuals, groups, undertakings and entities associated with the Al-eaida. The
updated Al-Qaida list is available at
htto ://www.un- oro/sc/com ittees/1267laq sanctlo ns list.shtml.
(b) "1988 Sanctions List" This list consists of names of individuals, groups,
undertaki ngs and entities those are associated with the Taliban. The updated list
is availa ble at httD ://www.un.o committees/1988/l ist.shtml.
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9. Monev La underinq:
(a) Definition
As defined vide Section 3 of PML Act 2002 and further expanded (given vide
Point 4. (c) above, it defines the "offence of money laundering' as under:
ln lndia AML activities are monitored by FIU-IND as per the provision of pML Act.
Money laundering refers to any transaction that aims at concealing and/or
changing the identity of criminal proceeds so that it appears to have been derived
from legitimate sources.
It has been identified as being done generally in three stages and it involves
creating a web of financial transactions so as to hide the origin and true nature of
these funds. The three stages of money laundering are:
(i) 'Placement' (i.e. introduction of the funds into the banking system)
(ii) 'Layering' (i.e. creating a web of transactions and rotating the funds
between various accounts so as to hide / extinguish its true source), and
(iii) 'lntegration' (i.e. after rotating the funds, the money, now ,washed,
appears to have legitimate source).
Bank is exposed to the following risks which arise out of Mon ey Laundering
activities:
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a Reputation Risk
Risk of loss due to severe impact on bank's reputation which is the most
valuable asset of the organization;
Compliance Risk
Risk of loss due to failure to comply with key regulations governing the Bank's
operations;
a Operational Risk
flisk of loss resulting from inadequate or failed internal processes, people and
systems, or from external events;
Legal Risk
Risk of loss due to any legal action the Bank or its staff may face due to
failure to comply with the law resulting in, adverse judgments, unenforceable
contracts, fines and penalties generating losses, increased expenses for an
institution or even closure of such institution;
10. General
The KYC / AML / CFT policy shall be placed before the RCOM for the clearance
and then shall be placed before the Board for approval / adoption. The policy entails
the procedure towards customer due diligence / enhanced due diligence while
maintaining customer relationship and providing them various banking channels as
per the requirements. lt includes Four major key elements-
The guidelines / directions under the policy shall provide continued guidance and
safeguards to all our staff at various levels in Branches as well as in Administrative
Offices during the course of client relationship and ensuring effective customer
service.
The policy defines Three Lines of Defence while implementing KYC-AML
guidelines, these shall be helpful in strengthening the procedures at operational level
and shall provide tools for ensuring enough robustness to the entire mechanism at
Bank level.
The policy shall provide the rele uidelin es and directions from regulators to
front line staff at all our bra ith the customers at the time of on
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Training through Bank's Staff Training Colleges is being imparted on regular
basis. Full day workshops are organized at Zonal Offices / NBG offices to
sensitize staff members.
A sinall booklet namely 'Guidance Notes for Staf in respect of KYC / AML/ CFT
has been prepared by Compliance Department, Head Office and circulated
amongst all staff to increase the awareness level of on the subject as well as act
as a Ready Reckoner.
The administrative and supervisory lines in the branches and controlling offices
shall provide necessary support and ensure putting necessary conhol
mechanisms,
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11. Customer Acc eotance Policv
ln terms of RBI guidelines, the Customer Acceptance Policy (CAP) is one of four
parameters which broadly defines the KYC/AMUCFT guidelines..The CAP has been
framed ensuring compliance with all regulatory guidelines while establishing
customer relationship and maintaining the related accounts as per profile of the
customers, the details as under:-
(a) No iccount shall be opened in anonymous/fictitious/benami name/s,
(b) All the accounts shall be opened with applying appropriate Customer Due
Diligence measures given in detail vide Point 14. No accounts shall be opened
where Bank is not able apply CDD measures either due to non-cooperation of
the customer or non-reliability of the KYC documents /information furnished by
the customer / applicant,
(c) All customers new as well as existing will be classified into risk categories based
on the risk perception i.e. Low, Medium and High. The risk perception and its
management has been defined in detail under Point 12,
(d) "Beneficial Owne/ shall be identified / verified necessarily while opening /
marinating accounts having constitution as Partnership, Limited Companies,
Trust etc. Details for compliance are given vide Point 14.
(e) Before opening any account, it shall be ensured that the identity of the
prospective customer does not match with any person having known criminal
background or with banned entities such as individual terrorists or terrorist
organizations as advised by UN sanctions lists and RBI list being published from
time to time and has been available through FINACLE on real time basis,
(f) wherever accounts are opened and be operated by mandate holder or accounts
are opened by intermediaries in fiduciary capacities, it should be ensured that the
circumstances in which the said mandate holder or intermediary is permitted to
act on behalf of another person/entity are clearly spelt out, in conformity with the
established law and practice of banking.
(S) lryC procedure shall be followed during the periodic updation i.e. Re-KyC
exercise shall be carried out as per risk profile / category of the customers,
(h) Transaction based relationship shall be undertaken only after following the
desired CDD procedures,
(i) lnformation collected from the customer for the purpose of opening of ac,count is
to be treated as confidential and details thereof are not to be divulged for cross
selling or other purposes. lt should be ensured that the information sought from
the customers are relevant to the ived risk, are not intrusive and are in
conformity with the RBI gui n this regard. Any other information
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from the customer should be sought separately with his/her consent after
opening the account.
O While applying Risk Based approach, the Bank can also close an existing
account in circumstances which are found non-compliant to KYC guidelines. The
procedure to close an account is given vide point 14 (e) (ii).
While adopting / implementing all above procedures, Bank shall ensure banking /
financidl facility shall be available with due care to the general public and specially
those who are financially or socially disadvantaged.
ln terms of RBI directions and PML Acl 2002 requirements, A risk based
approach has been adopted by Bank for all type of customers to effectively address,
manage and mitigate the risks. .
(a) Risk Based Approach has been designed based on profile of the customer i.e.
occupation, the nature of business activity, location of the customer and his
clients, mode of payments, volume of turnover, social and financial status etc.. At
the stage of on-boarding of the customer information submitted by the customer
and verified as per the documents/ credentials, the risk categorization is done as
Low, Medium and High (indicative parameters for isk categorisation given in
more detail below). ln order to enable the branches to correctly classiff the.
customers' risk category, we have introduced a Customer Profile Sheet (CPS)
which is required to be obtained by the branches at the time of opening of.
accounts. Some of the indicative parameters for determining the profile and risk
category of a customer are:
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(b) Appropriate documents and other information shall be collected in respect of
different categories of customers depending on the perceived risk and keeping in
mind the requirements of the PML Act, 20O2 and amendments thereto as also
the instructions / guidelines issued by RBI from time to time. While considering
customer's identity, we shall make effort to opt for online confirmation about such
documents if issuing authorities have arranged for such provisions.
(c) Branches shall prepare a profile sheet namely Customer Profile Sheet (CPS) for
eaih new customer and identify the risk category based on above mentioned
parameters. The customer profile is a confidential document and details
contained therein shall not be divulged either to the customer or for cross selling /
any other purposes . The nature and extent of due dilioence will de pend on the
risk oerce ived bv the bank.
(d) The illustrative lists of Low, Medium and High Risk category customers primarily
based on occupation / business activity is given as under:
a) Low Risk
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b) Medium Risk
o non-resident customers:
. high net worth individual;
. Trusts, charities, NGOs / NPOs (other than those promoted by United
Nations or its agencies);
. organizations receiving donations;
. companies having close family shareholding or beneficial ownership;
o firms with 'sleeping partners';
o Politically Exposed Persons of foreign origin including their relatives,
accounts where PEP is the ultimate beneficial owner;
o non-face to face customers;
. Customers with dubious reputation as per available public information,
o Client a/cs managed by professional service providers such as law firms,
Accountants, agents, brokers, fund managers, Trustees, custodians, etc.
o Customers based in high risk countries/jurisdictions and countries
by
identified FATF as having strategic deficiencies in compliance
of AMUCFT standards;
o lnvestment managemenVmoney management company/personal
lnvestment Company;
. lndividuals and entities specifically identified by Regulators, FIU and
other competent Authorities as 'High Risk';
o Cash-intensive businesses such as tolls, shopping malls, liquor stores,
petrol pumps / service stations etc.;
. Antique Dealers, Money Service Bureau, and Dealers in arms;
. Customers who may appear to be Multi-Level Marketing companies;
o Accounts of bullion dealers (including sub-dealers), jewelers, Religious
lnstitution:
o Accounts where STR had been filed with FIU IND earlier;
. Any other category, where the Bank decides to classify as High Risk
based on its risk perception;
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(e) Customers who are likely to pose a higher than average risk to the Bank should
be categorized as Medium or High Risk depending on the customers'
background, nature and location of activity, country of origin, sources of funds,
client profile, etc. ln such cases Enhanced /higher / intensive Due Diligence
(EDD) shall be applied. Zones /branches should therefore apply Enhanced Due
Diligence measures in case of higher risk customers, especially those for whom
the sources of funds are not clear. The key components for due diligence are
occupation, location, mode of payment, source of funds, volume and frequency
of ttirnover etc.
(f) Our bank has classified certain category of occupations as High Risk
mandatorily since on boarding, these are Jewelers, Bullion Dealers, Money
Changers, petrol pump/service station, liquor and wine dealers, NRI customers,
NGOs, Trusts as mandatorily high risk customer.
(h) Appropriate care shall be taken to ensure that the adoption of customer
acceptance policy and implementation of customer risk categorization do not
became too restrictive and do not result in denial of banking service to general
public, especially to those, who are financially or socially disadvantaged.
(i) The risk categorization of customers is reviewed half yearly, through a system
driven procedure cenhally in the Bank at Data center level. Monitoring of
transactions is one the measure parameters for the Risk Based Approach. As a
measure, we have identified additional lines of occupations of customers.
specific codes have been assigned for the newly identified occupations and they
have been uploaded into the Finacle system to /
identifo link the
occupation/activity of the customer with the nature, value and volume of
transactions as well as turnover in the account. Based on general perception and
market study, we have also put threshold limits for all the occupations i.e the
credit turnover in an account during twelve months. Branches have been
instructed to clearly specify / write occupation of the customer in the Account
opening Form and put in the system. rn terms of the present guidelines of RBr,
the risk categorization is to be reviewed every six months, accordingly the
process for half yearly review of orization has been devised as under:
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1. A matrix has been prepared and put in the FINACLE system based on
various parameters towards risk categorization mentioned as above,
2. All accounts are scanned under this matrix on half yearly basis i.e. September
and March every year.
3. Risk categories are re-defined accordingly in the system and report is
available at Branch end for applying Re-KYC norms / procedures in identified
aerounts,
4. Periodicity has been fixed for these three Risk categories, as under:
Cateqorv Period
LOW Once in Ten Years
MEDIUM Once in Eight years
HIGH Once in Two Years
O We ensure that all the accounts shall always be KYC compliant and no exception
is permifted. lnstructions regarding all the statutory, regulatory and internal
guidelines are issued / reiterated form time to time. As and when additional
guidelines are received from the regulatory and statutory authorities, the same
are advised to all the Zones / Branches / Offices for implementation. Thus an
effective KYC/AMUCFT programme is already in force.
(k) A lot of emphasis has been given to make Risk Based Approach more effective,
steps in this regard have been initiated as under:
. Management oversight, systems and controls, have been ensured by way of
monthly / quarterly reporting,
. Specific responsibility to be given to ensure that the policy and procedures
are implemented;
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2. Cash Transaction Report (CTR) is generated and consolidated at Head Office
and submitted to the FIU-IND, Government of lndia, New Delhi every month
within the prescribed time limit. Thereafter, all the transactions captured in the
Report are segregated Zone wise / Branch wise, sent to the respective Zones
for onward transmission to the respective Branches. the Branches are
required to scrutinize the transactions and confirm to their Zonal Office that
they are genuine and in line with the business/activity of the customer and
that no money laundering is involved. Zonal Offlces, in turn, submit
consolidated certificate to Head Office. Transactions found to be suspicious in
'nature
are reported to Head Office in the STR format.
(a) customer identification implies identifying the customer and verifying his/her
identity by using reliable, independent source documents, data or information.
Bank has to be satisfied that a prospective customer is who he/she claims to be.
It is, therefore, necessary to obtain sufficient information to establish the identity
of each new customer, whether requla r or occasional , and the purpose of the
intended nature of banking relationship. Being satisfied implies the Bank must be
able to satisfy the competent authorities that'due diligence' was observed based
on the risk profile of the customer in compliance with the extant guidelines.
Besides risk perception, the nature of information/documents would also depend
on the type of customer whose account is to be opened.
(b) The nature of the documents would also depend on the type of customer i.e.
individual, corporate etc. For o are natural persons, the branches
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shall obtain sufficient identification by obtaining self attested copy of one of the
SIX OVDs, to verify the
(i) identity and address of the customer
(ii) one recent photograph,
(iii) any other document pertaining to business or financial status i'e. Balance
sheet, income tax return etc.
For customers as legal persons or entities, the bank shall obtain / verify
throirgh documents
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For capturing all the relevant details of legal entities, KYCDET menu is being
further revamped.
(fl Full KYC exercise, including recent photograph, will be required to be done as
per periodicity related to risk profile / category of the customers i.e. LOW,
MEDIUM and HIGH.
(h) 'Mandatory' information required for KYC purpose, which the customer is obliged
to give while opening the account / or during periodic updation, shall be obtained
from the customer. Other 'Optional' customer details/additional information, if
required may be obtained separately after the account is opened only with the
explicit consent of the customer. The customer has a right to know which are the
information required for KYC, he / she is obliged to produce and / or additional
information sought by the bank that is 'optional'.
0) At times close relatives, e.g. wife, son, daughter and parents, etc, who live with
their husband, father/mother and son respectively and find it difficult to open an
account as the KYC documents required for address verification are not in their
name. Branches are advised in such cases to obtain KYC documents of the
relative with whom the prospective customer is living along with a declaration
from the relative that the said person (prospective customer) wanting to open an
account is staying with him/her.
(k) Minimum documents for KYC process shall be obtained. List of such OVDs and
other documents has been given vide Point 4 above.
(l) Address given in the Account Opening Form (AOF) should match the KYL
document submitted by the customer. RBI has relaxed norms for furnishing
address proof in exceptional cases. Only one documentary proof of address
(either current or permanent) may be obtained while opening an account or
during periodic updation. ln case the address proof mentioned as per 'proof of
address' undergoes a chan proof iS required to be submitted
within a period of six mo roof of address furnished by the
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customer is not the local address or address where the customer is currently
residing, a declaration of the local address shall be obtained on which all
correspondence will be made by the bank with the customer. No proof is required
to be submitted for such address for correspondence / local address. This
address may be verified by the bank through 'positive confirmation' such as
acknowledgement of receipt of (i) letter, cheque books, ATM cards; (ii) telephonic
conversation (iii) visits. ln the event of change in this address due to relocation or
any other reason, customers should intimate the new address for
coribspondence to the bank within two weeks of such a change.
(m) Full KYC Com D iant Account Holder n eeds to transfer his, her accou nt to
other branch due to som e oenu ine ouroose:
ln terms of extant guidelines, the full KYC once done by one branch should be
valid for another branch upon transfer of the account to other branch' The
customer should be allowed to transfer his account from one branch to another
without restrictions. ln such a case, the transferor branch should send the KYC
documents of the customer (AFTER RETAINING A PHOTOCOPY FOR
THEMSELVES) to the transferee branch under cover of an official
communication / lOM. Existing accounts may be transferred to the transferee
branch of the customer's choice, without insisting on fresh proof of address and
on the basis of a self-certification from the account holder about his / her current
address. The transferee branch should open the account on the basis of these
KYC documents. A s a nsk mitioant. in no case should the documents De senf
throuoh the cu stomer / or anv other De rson other than bv oost / ier / email.
(n) Full l(YC Com oliant Account Holder n eeds to oDe n his / her fresh account
with other branch due to some oenuine uroose:
ln terms of extant guidelines, the full KYC once done by one branch should be
valid for another branch in the instant case. However, presently the system is not
configured to capture soft copies of KYC documents, so the customer should be
asked to produce copies of same or other acceptable KYC documents where he /
she intend to open fresh account. The branches shall open such accounts in
same CUST lD. The parent Branch may send certified copy of KYC documents
for the purpose under cover of an official communication / lOM.
(o) The customers are required new address within two weeks of any
change in their existing ave been advised to inform their
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customer to follow the guideline and should obtain an undertaking to this affect
while opening new accounts.
(p) The Ministry of Finance, Govt. of lndia, has also directed us to provide account
portability to our customers whereby a customer desirous of shifting his / her
account to another bank need not be required to submit KYC documents afresh.
The Bank which has done the KYC of the customer should certifo the same and
convey to the transferee bank 'on line'. The responsibility of transferring the KYC
certification and the account to the transferee bank will be on the transferor bank.
ln aase of transfer to other bank, the email lD of the branch concerned may be
obtained from the Bank concerned on their letterhead under their branch seal'
(Please refer to H.O. Br. Cir. 105/129 dated 4.11.2011 in this regard). Fresh
address proof (as detailed in Para ix above i.e. either current or permanent
address) may be obtained in case an account is transferred to our bank from
another bank and where the location of the prospective customer has also
changed.
Customer due diligence is a process to know the customer first with the documents
(OVDs) and then by front loading such information, making efforts to know the
/
occupation business activity and based on these establishing relationship for
banking needs.
(i) lnformation and type of the documents depend on the type of customer i.e.
individual, corporate etc. For customers who are individual natural /
pensons, identification / address is obtained through self attested copy of
one of the SIX OVDs to verifY the
.
f identity and address of the customer
2. one recent photograph,
3. any other document pertaining to business or financial status i.e.
Balance sheet, income tax return etc.
(ii) e-KYc
Provided further that the Bank shall provide an option for One Time Pin (OTP)
based e-KYC process for on-boarding of customers. Accounts opened in
terms of this proviso i.e., using OTP based e-KYC, are subject to the following
conditions:
2. the aggregate balance of all the deposit accounts of the customer shall
not exceed rupees one lakh.
3. the aggregate of all credits in a financial year, in all the deposit taken
together, shall not exceed rupees two lakh.
5. Accounts, both deposit and borrowal, opened using OTP based e-KYC
shall not be allowed for more than one year within which Customer
Due Diligence (CDD) procedure as provided in section 16 or as per the
first proviso of Section 17 of the Principal Direction is to be completed.
lf the CDD procedure is not completed within a year, in respect of
deposit accounts, the same shall be closed immediately' ln respect of
borrowal accounts no further debits shall be allowed.
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7. Bank shall have shict monitoring procedures including systems to
generate alerts in case of any non-compliance/violation, to ensure
compliance with the above mentioned conditions.
1. ln case the persons who can be categorized as'Low Risk' and are not
able to produce proposes to open an account does not have an OVD as
'proof of address', such person shall provide OVD of the relative as
provided at sub-section 77 of Section 2 of the Companies Act' 2013'
read with Rule 4 of Companies (Specification of definitions details)
Rules, 2014, with whom the person is staying, as the'proof of address'
A declaration from the relative that the said person is a relative and is
staying with him/her shall be obtained.
ln respect of customers who are categorised as'low risk' and are not
able to produce any of the OVDs 'simplified procedure' is applied for
verification of identity of the customer, the following documents shall
be deemed to be OVD:
a. Utility bill, which is not more than two months old, of any
service provider (elechicity, telephone, post-paid mobile
phone, piped gas, water bill);
b. Property or Municipal Tax receipt;
c. Bank account or Post Office savings bank account statement;
d. Pension or family Pension Payment Orders (PPOs) issued to
retired employees by Government Departments or Public
Sector Undertakings, if they contain the address;
e. Letter of allotment of accommodation from employer issued by
State or Central Government departments, statutory or
regulatory bodies, public sector undertakings, scheduled
commercial banks, financial institutions and listed companies.
Similarly, leave and license agreements with such employers
allotting official accommodation; and
f. Documents issued by Government departments of foreign
jurisdictions or letter issued by Foreign Embassy or Mission in
lndia.
Explanation: During the periodic review, if the 'low risk' category customer for
whom simplified procedure is applied, is re-categorised as 'moderate or
"high' risk category, then Bank shall obtain one of the six OVDs given at
Point 4 (m) for proof of identity and address. lf such a customer fails to
submit the desired OVD, Branches shall initiate action as advised at Point 15
(b).
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1. Small account means a savings account;
2. An individual shall be allowed to open a'small account'on production of
a self attested photograph and affixation of signature or thumb
impression, as the case may be, on the account opening form provided
the Branch. The branch official shall certify having obtained photograph
and signature / thumb impression of the individual while opening the
said account.
3. The aggregate of all credits in such accounts in a financial year must
not exceed Rupees One Lakh;
4. The aggregate of all withdrawals and transfers in a month must not
exceed Rupees Ten Thousand;
5. The balance at any point of time does not exceed Rupees Fifty
Thousand;
6. No foreign remittance shall be credited in the account;
7. The account shall remain operational initially for a period of twelve
months and thereafter for a further period of twelve months if the
account holder provides evidence to the branch of having applied for
any of the officially valid documents within twelve months of the opening
of the account. The entire relaxation provisions are to be reviewed in
respect of the said account after twenty four months.
8. No further transactions to be permitted upon breach of any of the above
conditions;
9. Customer is to be made aware of the above conditions at the time of
opening the small account and a declaration is to be obtained regarding
the terms and conditions etc.
The beneficial owner must be identified along with OVDs as per procedure
given vide point D below.
Rule 9(3) of the Prevention of Money Laundering Rules, 2005 requires that every
banking company, and financial institution, as the case may be, shall identify the
'Beneficial Owner' and take all reasonable steps to verify his identity. The term
'Beneficial Owner' has been defined as the natural person who ultimately owns
or controls a client and/or the p e on whose behalf the transaction is being
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conducted, and includes a person who exercises ultimate effective control over a
juridical person. Beneficial owner has been defined as below:
where no natural person is identified, the beneficial owner is the relevant natural
person who holds the position of senior management. Government of lndia has
since examined the issue and has specified the procedure for determination of
Beneficial Ownership. A declaration from the legal entity duly certified by the
statutory auditor of the legal entity shall be obtained for the purpose. We have
made provision in Finacle for entering the details of beneficial owner. A rate
reoort has been orovide d in MISRPT (FINACLE )inth is reoard
(ii) Walk-inCustomets:
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Banks are reauired to veifu the ideftiU dlhg eagomeo - l
mon transler era
PEPs are individuals who are or have been entrusted with prominent
public functions in a foreign country, e.g. Heads of States or of
Governments, senior politicians, senior governmenUjudicial/military
officers, senior executives of state owned corporations, important political
party officials, etc. Sufficient information should be gathered on any
person/customer of this category intending to establish a relationship with
the Bank and all the information available on the person in the public
domain should be checked. ldentity of such person/s should be verified
and information about the sources of funds should be sought before
accepting the PEP as a customer. Openinq of account of PEP. his/her
mil member/ r his/her cl ive/s should db
the Branch Head and such accounts should be subiect to enhanced
monitorin o on an onooln o basis.
When r an existino cus tomer or the beneficial owner of an existino
account subseouentlv b omes PEP. aoo I of the Bran ch Head
ould be obta for contin n of such a nts / the busi
relations hio and such accounts should be subiect to CDD and
enhanced monitorinq. as aoolicable to the customers of PEP
cateoorv on an onool o basis. These instructions sh ould be
followed even in accounts whe re the PEP is th e ultimate 'Beneficial
Owne/. Further, identifying and applying enhanced due diligence to
PEP customers who are close relatives of PEPs and accounts of
which a PEP is the ultimate beneficiary owner should also be done
meticulously. All PEP accounb are to be cateoorised as HIGH risk
AB INITIO,
Accounts of NGOs should be opened only after fully complying with the
KYC/AMUCFT guidelines. Accounts of
NGOs receiving foreign
contribution should be registered with the Ministry of Home Affairs,
Government of lndia or possess prior approval of the Government for
receiving foreign funds. All NGO accounts opened (except those
promoted by the United Nations or its agencies) should be classified
as High Risk category accounts AB lNlTlO and transactions in these
accounts should be properly scrutinized with enhanced due
diligence on continuous basis. All foreign inward remittances to the
credit of these accounts should be scrutinized taking into account the
customer profile, country of origin of funds, etc' and extant guidelines
regarding such remittances.
I
ln terms of Rule (14) (i) of the PML Rules, simplified norms have been
prescribed for those FPls who have been duly registered in accordance
with SEBI guidelin esa undergone. the required KYC due
d ili gence/verifi cation Bl through a Custodian/lntermediary
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regulated by SEBI. Such eligible / registered FPls may approach a bank
for opening a bank account for the purpose of investment under Portfolio
lnvestment Scheme (PlS) for which KYC documents prescribed by the
RBI would be required. For this purpose banks may rely on the KYC
verification done by the third party (i.e. the Custodian/SEB| Regulated
lntermediary) subject to the following conditions:
(a) Once an account is opened and business relationship is established after ensuring
KyC compliance, it is essential that the transactions in the account are monitored on
an ongoing basis so as to achieve the ultimate objective of preventing the Bank from
being used, intentionally or unintentionally, by criminal elements for money
laundering or terrorist financing activities. Understanding of normal and reasonable
activity of a customer enables the Bank to identify transactions that fall outside the
regular pattern of activity. Transactions which ggno! fall within the ambit of the
declared activity of the customer may be treated as suspicious and need to be
reported to the FIU-IND. Special attention should be given to all complex, unusually
large value transactions, transactions involving large amount of cash inconsistent
with the normal and expected activity of the customer, transactions having unusual
patterns which have no appare visible lawful purpose, etc. High risk
:.- - qategory accounts should be sive monitoring. Transactions that
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involve large amounts of cash inconsistent with the normal and expected activity of
the customer should particularly attract the attention of the bank. Very high account
turnover, inconsistent with the size of the balance maintained may indicate that
funds are being 'washed' through the account.
(c) The close monitoring of following types of transactions shall necessarily be canied
out:
(D Large and complex transactions including RTGS transactions, and those with
unusual patterns, inconsistent with the normal and expected activity of the
customer, which have no apparent economic rationale or legitimate purpose,
(ii) Transactions which exceed the thresholds prescribed for specific categories
of accounts.
(iii) High account turnover inconsistent with the size of the balance maintained.
(iv) Deposit of third party cheques, drafts, etc. in the existing and newly opened
accounts followed by cash withdrawals for large amounts.
(v) The extent of monitoring shall be aligned with the risk category of the
customer.
Explanation: High risk accounts have to be subjected to more intensified
monitoring.
Rule '1148 of the lncome Tax Rules, 1962 has made it mandatory for the customer
to quote the PAN for certain bankinE transactions, which have been detailed as
below:
(0 Placing a time deposit (i.e. a Term Deposit) EXCEEDING Rs'50'000/ with any
Banking Company to whom the Banking Regulation Act' 1949 applies;
(ii) Opening an account (not-bejog-aime-dc@gj!) with a Banking Company to
.which the Banking Regulation Act' 1949 applies;
(iii) Payment in cash for purchase of bank drafts or pay orders or banker's
cheques FOR AN AMOUNT AGGREGATING TO RS. 50.000/- OR MORE
DURI ANY ON from a Banking Company to which the Banking
Regulation Act, 1949 applies;
(iv) A deposit in cash aggregating to Rs.50,000/- or more with a Banking
Company to which the Banking Regulation Act, 1949 applies;
(v) Making an application to any Banking Company to which the Banking
Regulation Act, 1949 applies for issue of CREDIT OR DEBIT card;
ln case the person making application for the transactions mentioned at sr.
Nos a & b above is a MINOR, who does not have any income chargeable to
income tax, he / she shall quote the PAN of his / her father or mother or
guardian, as the case maY be.
lnamoneymuletransaction,anindividualwith@to
receive cheque deposits or wire transfers and then hansfer these funds to accounts
held on behalf of another person or to other individuals, minus a certain commission
payment. Money mules may be recruited by a variety of methods, including spam
emails, advertisements on genuine recruitment web sites, social networking sites'
instant messaging and adverti papers. Money mules can be used to
launder the proceeds of fraud hing and identity theft) by criminals
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who gain illegal access to deposit accounts by recruiting third parties to act as
'money mules'. ln some cases these third parties may be innocent while in other
cases they may be having complicity with the criminals. When caught, these money
mules often have their bank accounts suspended, causing inconvenience and
potential financial loss, apart from facing likely legal action for being part of a fraud.
Many a times the address and contact details of such mules are found to be fake or
not up to date making it difiicult for enforcement agencies to locate the account
holder. The operations of such money mules can be minimized if branches follow the
guideliiies on opening of accounts and monitoring of transactions. Branches should
especially monitor the operations in the accounts of low profile customers like
students, pensioners, housewives etc. and in case such accounts show transactions
which are not commensurate with the profile, it may be an indication or a pointer that
the account is being used as a money mule account. ln such cases the branches
should immediately file suspicious Transaction Report (STR). The same had been
advised vide Branch Circular 107/56 dated 27.06.2013
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(b) lnformation to be preserved:
wire transfers are used as an expeditious method for transferring funds between
bank accounts. wire transfers include transactions occurring within the national
ensure that
boundaries of a country or from one country to another. Branches should
all wire transfers are accompanied by the following information:
oAllcross.borderwiretransfersmustbeaccompaniedbyaccurateand
meaningful originator information.
o lnformation accompanying cross-border wire transfers must contain the
name
of that
and address of the originator and where an account exists, the number
account.lntheabsenceofanaccount,auniquereferencenumber,as
prevalent in the country concerned, must be included'
. where several individual transfers from a single originator are bundled in a
batch file for transmission to beneficiaries in another country, they may
be
exemptedfrominc|udingfulloriginatorinformation,providedtheyincludethe
originator,saccountnumberoruniquereferencenumberasmentioned
above.
a All in tion mone tra s n unt ed
m of s be n afte veifica
nda a u of the be
of iden
ined held record
The ordering bank, i.e. the bank that originates a wire transfer as per the
order placed by its customer, should ensure that the qualifying wire transfers
contain complete originator information.
o The bank should verifo and preserve the information at least for a period of
five vears from the date of each transaction.
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(d) Role of lntermediary Bank:
a For both cross-border and domestic wire transfers, the bank processing an
intermediary element of a chain of wire transfers should ensure that all
originator informalion accompanying a wire transfer is retained with the
transfer.
a Where technical limitations prevent full originator information accompanying a
cross border wire transfer from remaining with a related domestic wire
iransfer, a record must be kept for at least five vears by the receiving
intermediary bank, of all the information received from the ordering bank'
I The beneficiary bank should have effective risk based procedures in place to
identify wire transfers lacking complete originator information'
o The lack of complete originator information may be considered as a factor in
assessing whether a wire transfer or related transactions are suspicious and
whether they should be reported to the FIU-IND'
. The beneficiary bank should also take up the matter with the ordering bank if
a transaction is not accompanied by detailed information of the fund remitter.
o lf the ordering bank fails to furnish information on the remitter, the beneficiary
bank should consider restricting or even terminating its business relationship
with the ordering bank.
(f) Exemptions:
e lnter-bank transfers and settlements where both the originator and beneficiary
arebanksorfinancialinstitutionswouldbeexemptedfromtheabove
requirements.
18. Gredit / Debit / smart / Gift cards, Mobile wallet, Net Banking/
Mobile Banking, RTGS, NEFT/ ECS, IMPS, Demit Services/ E'KYC'
Money Laundering Threats from new technology
our Bank is in the business of issuing various types of calds that are used by
customers for buying goods and services, drawing cash from ATMs and can also
be used for electronic transfer of funds. credit cards include issuance of Branch
Billing Cards as well as D irect s. ln case of Branch Billing Cards, the
customers are required to th the Branch which is considered
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as charge account for debiting the bills. Branches should ensure that KYC norms
are fully complied with before issuance of cards to the Branch customers.
ln respect of Direct Billing cards, as the persons to whom these cards are issued
are nonicustomers Branches should importantly note to &rry out extensive
customer due diligence before issuance of cards to them. Complete KYC
exercise should be done. Apart from obtaining recent photograph, proof of
identity and address from such non-customers, Branches should ensure proper
verification of the documents submitted to them so as to confirm authenticity of
the documents.
our bank is extending Depository services to the customers. The seryices are
rendered through two Depository Participant offices viz. central Depository
services Ltd. (cDsL) and National securities Depository Ltd. (NSDL). As per the
existing business model, Demat Accounts are opened only of those customers
who have a duly KYC compliant Banking Account with us or for one who opens
a KYC compliant Banking Account with us. Branches should importantly note that
Demat accounts should be recommended by them only in respect of their KYC
compliant customers. Moreover, the Branch/office forwarding the Demat Account
Opening Form (AOF) of a prospective customer is required to ensure proper
identification/verification and follow the
guidelines issued byour
BanUDepositories/Regulatory Authorities. All the guidelines applicable for a
Banking Account are applicable to Demat Account also and therefore, it should
be ensured by the Branches/offices that Due Diligence in respect of Banking
Account of Demat custom er Whenever requests for oPening of
Demat accounts are rece n-compliant account holders, the
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Branch/Office should first ensure that the respective bank account is made KYC
compliant before recommending the Demat application.
19. Reporting
CTR for every month is to be submitted by 15th of the succeeding month and
shall include:
a All cash transactions of the value of more than Rupees Ten Lakh or its
equivalent in foreign currency taken place within a month'
a All series of cash transactions integrally connected to each other
(aggregate value of all debit OR all credit transactions, inespective of value
place
of eacn transaction), where series of such transactions have taken
withinamonthandaggregatevalueofallsuchtransactionsexceeds
Rupees Ten Lakh or its equivalent in foreign currency'
a As per the extant arrangement, CTR is generated, consolidated and
submitted by Head Office to the FIU- lND.
Record of all transactions reported in the cash Transaction Report should
be preserved for a oeriod of at least five vears from the date of
tt?n ction n e bank nd the cl ient
Considering the importance attached to the PML Act and as per the
directives of the Reserve Bank of lndia (RBl) as well as the FIU-IND' a
comprehensive Anti Money Laundering package (AMLOCK) has been
installed for scrutinizing the transactions in the accounts, generating alerts
and identifying suspicious transactions.
a The package consists of various scenarios of transactions, which are
considered being of suspicious nature. Financial parameters have been
assigned to each of the scenarios. After End of Day operations (EOD) in
the Finacle system, the d loaded into the AMLOCK on daily basis.
The AMLOCK proces e basis of the scenarios available in
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the package and identifies the transactions, which have breached the
financial parameters assigned for each scenario. The transactions so
identified are generated as 'Alerts'. These Alerts are scrutinized manually
to ascertain whether the transactions are indeed of . suspicious nature,
being not in tune with the business/activity of the relative customer, without
any economic rationale etc.
t As the package is centralized at Head Office, the Alerts are generated at
our end. The transactions shall be scrutinized from the Finacle system
keeping in view the nature of the account. activitv/business. amount of
the trans actio ns. etc. ldentified cases are referred to the respective Zonal
Ofiices. Upon receipt of communication from us, the Zonal Offices should
take up with the concerned Branch/es and ascertain the genuineness of
the transactions identified by the package. ln case the ZonelBranch finds
the transaction in order, a certificate as per the specified format should be
forwarded to Head Office, duly signed by the Zonal Manaoer/De outv
ZonaI Manaoer. Branches should send the certificates to their respective
Zonal Offices and not to Head Office. The AMLRO (Anti money laundering
reportingofficers)atHeadofficescrutinizethealertsapartfromseeking
iniormation from the branches and present such cases to a Screening
Committee consisting of Deputy General Manager Compliance
department,twoChiefManagersandoneofficeroftherankofDGMfrom
to
Fraud Risk Management Department or General Operation Department
decide filing of STR on the merits of each case" The STR has to be
reportedwithinTdaysfromthedatedecisionistakenforfilingasSTR'to
FIU-IND.
a There are several indicators of non financial nature which could give rise to
an equal amount of suspicious and Iesult in filing STR; these offline alert
scenarios are as per Annexure lll attached.
a ltislikelythatinsomecasestransactionsareabandoned/abortedby
customers on being asked to give some details or to provide documents. lt
is clarified that all such aftempted transactions should be reported as
STRs,evenifnotcompletedbycustomers,irrespectiveoftheamountof
the transaction.
a sTRs should be reported if there is a reasonable ground to believe that the
transaction involves proceeds of crime generally, irrespective of the
amount of transaction.
a The Zones/Branches should ensure that the customers a re NOT TIPPED
OFF in any manner whatsoever regarding our enquiry. Scrutiny of the
transactions and enhanced due diligence should be done in completely
discreet manner.
Branches may file ST find the transaction to be suspicious
by filling in prescrib hil ishing the details to Head Office.
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Submission of STR in an account should in no wav restrict operations in
that account and the customer should not know about the STR filed in the
account.
o Record of all transactions reported in the Suspicious Transaction Report
should be preserved for a period of at least five vears from the date of
transactio n between the bank and the client.
Al[ cash transactions, where forged or counterfeit lndian currency notes have
been used as genuine, should be reported by the Principal ofiicer to the Flu-
IND in the specified format and submitted to FIU-IND as per their stipulation.
once a counterfeit currency transaction is detected, the same should be
reported by the Branch to the respective Zonal office in the prescribed ccR
foimat immediately and in any case within two davs from the date of such
detection. Zonal office should scrutinize the same and submit to Head office
their ccR in the prescribed format duly signed by the concern ed zonal Manager
as principal officer within turo davs from the date of submission bv the
Branch to enable the Principal officer at Head office to submit the ccR to the
ffU-fNO within the mandatory time limit of 15h of the following month. RBI has
recenfly relaxed the rules in respect of filing of FIR i.e. for upto 4 (four)
counterfeit currency notes per transaction FIR need not be filed. lnstead, a
consolidated monthly statement is to be sent to the police authorities, enclosing
therewith the counterfeit currency notes. ln respect of counterfeit currency
e
notes of 5 (five) and above, FIR has to be filed. Unde no ctrcu ce
cou it cu c n are be rned Custom . As per the
implementation of Reserve Bank of lndia Clean note policy, detection,
impounding and rePorting of co unterfeit notes are revised. Branches are advised
to accept all forged notes of cu stomer and credit the full value to his account. All
Zones I Branches / Offices are advised to refer circular letter No 2013-141155 ref
GOD/DDI(13/14 dated 18.11.2013 in this regard'
Record of all transactions reported in the counterfeit currency Report should be
preserved for a period of at lea st five ye ars from th e date of tra nsa ction
n the ba nk and the client.
All hansactions involving receipts of value more than Rupees Ten Lakh or its
equivalent in foreign currency by Non-Profit Organizations should be submitted
every month to the FIU-IND by the 15th of the succeeding month in the
prescribed format bY the Pri n
d tr6
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Record of all transactions reported in the Non-Profit Organlzation Report should
be preserved for a period of at leas t five years from the da teoft nsaction
between the bank and the c lient.
(a) Banks shall maintain secrecy regarding the customer information which arises
out of the contractual relationship between the banker and customer'
(b) while considering the requests for data/information from Government and other
agencies, banks shall satisfy themselves that the information being sought is not
oi such a nature as will violate the provisions of the laws relating to secrecy in
the banking transactions.
21. CDD Procedure and sharing KYG information with Gentral KYG
Records Registry (CKYCR)
Bank shall capture the KYC information for sharing with the cKYcR in the manner
mentioned in the Rules, as required by the KYC templates prepared for 'individuals'
and 'Legal Entities' as the case may be.
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22. Reporting requirement under Foreign Account Tax Compliance Act
(FATCA) and Common Reporting Standards (CRS)
Under FATCA and CRS, Bank shall determine whether they are a Reporting
Financial lnstitution as defined in lncome Tax Rule 114F and if so, shall take
following steps for complying with the reporting requirements:
(a) Register on the related e-filling portal of lncome Tax Department as Reporting
Financial lnstitutions at the link https://incometaxindiaefiling.gov.in/ post login ->
My Account -> Register as Reporting Financial lnstitution'
(b) submit online reports by using the digital signature of the 'Designated Director'
by either uploading the Form 618 or'NlL'report, for which, the schema
prepared by Central Board of Direct Taxes (CBDT) shall be referred to'
Explanation:Bankshallrefertothespotreferenceratespublished
by Foreign Exchange Dealers'Association of lndia (FEDAI) on their
website at http://www.fedai.org.in/RevaluationRates'aspx for
carrying out the due diligence procedure for the purposes of
identifying reportable accounts in terms of Rule 114H'
(c)DeveloplnformationTechnology(lT)frameworkforcarryingoutduediligence
.,
procedure and for recording and maintaining the same, as provided in Rule
114H.
(d) Develop a system of audit for the lT framework and compliance with Rules
114F, 114G and 114H of lncome Tax Rules.
(e) constitute a "High Level Monitoring committee" under the Designated Director
or any other equivalent functionary to ensure compliance'
The procedure laid down in the UAPA Order dated August 27, 2009 (Annex I of
this Master Direction shall be strictly followed and meticulous compliance with the
order issued by the Government shall be ensured, given herewith vide
Annexure 5
24. Jurisdictions that do not or insufficiently apply FATF
Recommendations:
(a) statements issued by Financial Action Task Force (FATF). from time to time,
regarding deliciencies in AMUCFT regime of certain countries (urisdictions), are
circulated to us by the Reserve Bank of lndia, which are, in turn, advised by
Head Office to all the Zones I Branches.
(b) Apart from this, Branches should also consider publicly available information for
identifoing countries that do not or insufficiently apply FATF Recommendations.
Branches should exercise utmost caution and diligence while entertaining any
type of banking transactions with such countries'
(c)Branchesshouldexaminethebackgroundandpurposeoftransactionswith
in
such countries (including the legal persons and other financial institutions
such countries) and in case the transactions do not have any apparent
economicorlaMulpurpose,writtenflndingstogetherwithalldocumentsshould
on request'
be retained and made available to the RB|/other relevant authorities,
Before establishing the correspondent relationship with other Banks, the Bank
should carry out the 'Due Diligence' ofthe other Banks and should ascertain Level
of
Anti Money Laundering (AML)/Combating Financing of Terrorism (cFT) compliance,
purpose oi opening the account, identity of any third party entities that will use the
correspondent banking services and regulatory /supervisory framework. Bank should
also ascertain from publicly available information whether the other bank has been
subject to any money laundering or terrorist financing investigation or regulatory
action.
Bants should ensure that their respondent banks have anti money laundering
policies and procedures in place and apply enhanced'due diligence' procedures for
transac{ions carried out through the correspondent accounts.
Thecenterspecificpolicyinrespectofvariousproducts/workareas'compliance
standards to meet KYC/AMUCFT measures being the primary requirement, its
formulation will consider adoption of various applicable laws / rules/regulations /
industry level best practices, stringent of host country and home country, for different
products or seryices rendered by the bank at the center. The chief Executive /
Branch Head of the center / Branch will identify / authorize office(s) in the Branch
/
center to formulate / undertake drafting of center specific KYC/AMUCFT policy for
annual review taking into account all these aspects'
(a) The Chief Executive at each overseas center is responsible for implementation
of the KYC-AML-CFT compliance function in the concerned center / territory. A
compliance officer (co) shall be posted at each overseas establishment.
Preferably a local officer having knowledge of compliance functions as well
conversant with local laws and also acceptable to Local Regulators shall be
recruited / posted for the purpose. However, lndia Based ofticers may also be
assigned such responsibilities as per consent of Local regulators. co will be the
responsible to ensure compliance of rules / regulations / norms on KYC-AML-
cFT. CO shall ac4uire knowledge of related statutory and regulatory guidelines
prevailing in the territory / other countries and also bank's internal guidelines,
general or specific for the center/ branch.
(b) Before the policy being approved for ado ption and implementation, The Chief
Executive at the center will fu to put in place a system for scrutiny /
review of the KYC/AMUC Branch / Center level c,omPliance
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committee / risk management committee having the compliance officer and/or
concurrent auditor as membe(s).
(c) Further, in order to meet the challenges of dynamisms iJt global regulatory
frameworks, ensuring coverage of all KYC-AML-CFT requirements in the policy,
the Chief Executive of the center will ensure vetting of the policy through a
locally reputed professional firm at the time of formulation of the new policy or at
least once on each alternate year for annual review. The Branch will have to
obtain a certificate of confirmation from the professional firm in effect of vetting
'the policy
of and confirming above requirement. However, in case of review,
where there will be no major regulatory changes or regulatory examination /
audit recommendations during the review year, such vetting may be waived by
The Chief Executive with proper noting.
(d) The compliance officer (co) will monitor implementation of the KYC-AML-CFT
policy in the branch / center and report the findings while submitting periodical
compliance reports to the General Manager & chief compliance ofilcer (GM &
CCo),HeadofficeindependentlywithwhomCoshallberesponsibleto
maintain a dotted line reporting. As a part of this exercise, he /she will also
ensure to include KYC-AML-CFT issues in his/her overall compliance testing to
be undertaken periodically preferably at quarterly intervals'
Paymentofcheques/drafts/payorders/banker,scheques,iftheyarepresented
beyond the period of three months from the date of such instruments, shall not
be
made.
Account payee cheques for any person other than the payee constituent shall not be
collected. Banks shall, at their option, collect account payee cheques drawn for an
amount not exceeding rupees fifty thousand to the account of their customers who
are co-operative credit societies, provided the payees of such cheques are the
constituents of such co-operative credit societies'
Bahk has planned to arrange at least 1/2 sessions on KYC /AML measures
mdndatorily in each training programme being conducted in all our Staff Training
Colleges so that the staff members are adequately trained in these area of
concern. The training guides the staff to understand fully the rationale behind the
KYC/AMUCFT policies and implement the same consistently. The Staff Training
Colleges have been instructed to ensure compliance in the matter'
KYC/AMUCFT measures have been prescribed to ensure that criminals are not
allowed to misuse the banking channels. lt is, therefore, necessary that
adequate screening mechanism is put in place by the Bank as an integral part of
the recruitmenvhiring process of personnel. Necessary inputs in this regard have
been incorporated in Bank's HR Policy'
Annexure I As per RBI Master Direction 2016 va rious 'terms' have been
defined with meaning assigned to them. These 'Terms' are given
as - Definitions
Annexure 2 List of KYC documents required to be obtained for various tYPes
of accounts ( as per recent amendments to the PML Act, 2002)
Annexure 3 List of circulars/circular letters on KYC/AMUCFT issued
subseq uent to the approval of last policy on 27 .6.2016
Annexure 4 lndicative list of non-financial alert scena rios(i.e. offline alert
scenarios) issued by IBA
Annexure 5 List of the Forty FATF recommendations issued in 2012
Annexure 5 Government Order on Procedure for lmplementat ion of Section
51A of The Unlawful Activities (Prevention) Act' 1967
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ANNEXURE 1
Definitions
ln these Directions, unless the context otheruise requires, the terms herein shall bear
the meanings assigned to them below:
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(iii) 'CentralKYC Records Registry' (CKYCR) means an entity defined under
Rule 2(1)(aa) of the Rules, to receive, store, safeguard and retrieve the KYC
records in digital form of a customer.
Explanation. - For the purpose of this clause, the terms "Managing Director"
and 'Whole-time Director" shall have the meaning asstgned to them in the
Companies Act, 2013.
(vi) "Officially valid document' (OVD) means the passport, the driving licence, the
Permanent Account Number (PAN) Card, the Vote/s ldentity Card issued by
the Election Commission of lndia, job card issued by NREGA duly signed by
an officer of the State Government, letter issued by the Unique ldentification
Authority of lndia containing details of name, address and Aadhaar number.
Explanation: Customers, at their option, shall submit one of the six OVDs for
proof of identity and proof of address.
Provided that where 'simplified measures' are applied for verifying the identity
of the customers the following documents shall be deemed to be OVD:
1) identity card with applicant's photograph issued by Cenhal/ State
Government Departments, Statutory/ Regulatory Authorities, Public
Sector Undertakings, Scheduled Commercial Banks, and Public
Financial lnstitutions;
2) Letter issued by a Gazetted officer, with a duly attested photograph of the
person.
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Provided further that where 'simplified measures' are applied for verifying,
for the limited purpose of, proof of address the following additional
documents are deemed to be OVDs :
1) Utility bill, which is not more than two months old, of any service provider
(electricity, telephone, post-paid mobile phone, piped gas, water bill);
2) Property or Municipal Tax receipt;
3) Bank account or Post Office savings bank account statement;
4) Pension or family Pension Payment Orders (PPOs) issued to retired
employees by Government Departments or Public Sector Undertakings,
' if they contain the address;
. 5) Letter of allotment of accommodation from employer issued by State or
Central Government departments, statutory or regulatory bodies, public
sector undertakings, scheduled commercial banks, financial institutions
and listed companies. Similarly, leave and license agreements with such
employers allofting official accommodation; and
6) Documents issued by Government departments of foreign jurisdictions or
letter issued by Foreign Embassy or Mission in lndia.
(vii) .Person" has the same meaning assigned in the Act and includes:
1) an individual,
2) a Hindu undivided family,
3) a company,
4) a firm,
'5) an association of persons or a body of individuals, whether incorporated
or not,
6) every artificial juridical person, not falling within any one of the above
persons (1 to 5), and
7) any agency, office or branch owned or controlled by any of the above
persons (1 to 6).
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Explanation: Transaction involving financing of the activities relating to
tenoism includes transaction involving funds suspecfe d to be linked or
related to, or to be used for tenoism, tenoist acts or by a terrorist, terrorist
organization or those who ftnance or are aftempting to finance tenoism.
(xi) "Transaction' means a purchase, sale, loan, pledge, gift, transfer, delivery or
the arrangement thereof and includes:
1) opening of an account;
2) deposit, withdrawal, exchange or transfer of funds in whatever currency,
whether in cash or by cheque, payment order or other instruments or by
electronic or other non-physical means;
3) the use of a safety deposit box or any other form of safe deposit;
4) entering into any fiduciary relationship;
5) any payment made or rec€ived, in whole or in part, for any contractual or
other legal obligation; or
6) establishing or creating a legal person or legal arrangement.
(b) Terms bearing meaning assigned in this Directions, unless the context otherwise
requires, shall bear the meanings assigned to them below:
(i) "Common Reporting Standards' (CRS) means reporting standards set for
implementation of multilateral agreement signed to automatically exchange
information based on Article 6 of the Convention on Mutual Administrative
Assistance in Tax Matters.
(ii) "Customer' means a person who is engaged in a financial transaction or
activity with a Regulated Entity (RE) and includes a person on whose behalf
the person who is engaged in the transaction or activity, is acting.
(iii) "Walk-in Customer' means a person who does not have an account based
relationship with the RE, but undertakes transactions with the RE.
(iv) 'Customer Due Diligence (CDD)' means identifying and verifying the
customer and the beneficial owner using 'Officially Valid Documents' as a
'proof of identity' and a 'proof of address'.
(v) "Customer identification" means undertaking the process of CDD.
(vi) "FATCA' means Foreign Account Tax Compliance Act of the United States of
America (USA) which, inter alia, requires foreign financial institutions to
report about financial accounts held by U.S. taxpayers or foreign entities in
which U.S. taxpayers hold a substantial ownership interest.
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(vii) "lGA' means lnter Governmental Agreement between the Governments of
lndia and the USA to improve international tax compliance and to implement
FATCA of the USA.
(viii) 'KYC Templates" means templates prepared to facilitate collating and
reporting the KYC data to the CKYCR, for individuals and legal entities.
(ix) "Non-face-to-face customers" means customers who open accounts without
visiting the branch/offices of the REs or meeting the officials of REs.
(x) i'On-going Due Diligence" means regular monitoring of transactions in
'accounts to ensure that they are consistent with the customers' profile and
. source of funds.
(xi) "Periodic Updation" means steps taken to ensure that documents, data or
information collected under the CDD process is kept up-to-date and relevant
by undertaking reviews of existing records at periodicity prescribed by the
Reserve Bank.
(xii) 'Politically Exposed Persons" (PEPs) are individuals who are or have been
entrusted with prominent public functions in a foreign country, e.9., Heads of
States/Governments, senior politicians, senior governmenUjudicial/military
ofiicers, senior executives of state-owned corporations, important political
party officials, etc.
(xiii) "Regulated Entities" (REs) means
1) all Scheduled Commercial Banks (SCBs)/ Regional Rural Banks (RRBs)/
Local Area Banks (LABs)/ All Primary (Urban) Co-operative Banks
(UCBs) /State and Central Co-operative Banks (StCBs / CCBs) and any
other entity which has been licenced under Section 22 of Banking
Regulation Act, 1949, which as a group shall be referred as'banks'
2) All lndia Financial lnstitutions (AlFls)
3) All Non-Banking Finance Companies (NBFC)s, Miscellaneous Non-
Banking Companies (MNBCS) and Residuary Non-Banking Companies
(RNBCS).
4) All Payment System Providers (PSPs)/ System Participants (SPs) and
Prepaid Payment lnstrument lssuers (PPl lssuers)
5) All authorised persons (APs) including those who are agents of Money
Transfer Service Scheme (MTSS), regulated by the Regulator.
(xiv) 'Simplified procedure" means the procedure for undertaking customer due
diligence in respect of customers, who are rated as low risk by the RE and
who do not possess any of the six ofllcially valid documents, with the
alternate documents prescribed under the two provisos of Section 3(a)(vi) of
this Directions.
(xv) "Shell banK' means a bank which is incorporated in a country where it has no
physical presence and is unaffiliated to any regulated financial group.
(xvi) 'Wire transfer' means a transaction canied out, directly or through a chain of
transfers, on behalf of an originator person (both natural and legal) through a
bank by electronic means with a view to making an amount of money
available to a beneficiary perso a bank.
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(xvii) 'Domestic and cross-border wire transfe/': When the originator bank and the
beneficiary bank is the same person or different person located in the same
country, such a transaction is a domestic wire transfer, and if the 'originator
bank' or 'beneficiary bank'is located in different c,ountries such a transaction
is cross-border wire transfer.
(c) All other expressions unless defined herein shall have the same meaning as have
been assigned to them under the Banking Regulation Act or the Reserve Bank of
lndia;;Act, or the Prevention of Money Laundering Act and Prevention of Money
Laundering (Maintenance of Records) Rules, any statutory modification or re-
enactment thereto or as used in commercial parlance, as the case may be.
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ANNEXURE 2
Page 2 of4
i0r80 SCf,EITMI
Sr.No. Particulars
c) Partnership deed;
d) Power of attorney, if any, granted by the firm to transact business on its behalf;
e) An officially valid document (i.e. documents listed at Sr. Nos 1 & 2 above) in
respect of the person holding an attorney to transact on its behalf;
5 ln case of every new Trust account, the following documents are to be obtained, in
addition to the documents at Sr. Nos. 1 & 2 above):
a) Registration certificate, if registered,;
b) Trust deed;
c) Resolution for opening and operating the account, signed by all the Trustees;
d) A list of the names of the trustees with their addresses ;
e) An officially valid document (i.e. documents listed at Sr. Nos. 1 & 2 above) to
identify the those holding Power of Attorney;
6 Proof of ldentity and Address required at the time opening an account of
Unincorporated association or body of individuals (in addition to the
documents listed at Sr.Nos, 'l & 2 above):
a) Resolution of the managing body of such association or body of individuals;
b) Power of attorney, if any, granted to transact on its behalf;
c) An officially valid document in respect of the person holding an attorney to
transact on its behalf (i.e. documents listed at Sr.Nos.1 & 2 above); and
d) Such information as may be required by the bank to collectively establish the
legal existence of such an association or body of individuals.
7 ln case of every new Company, the following documents are to be obtained, in
addition to documents in addition to documents listed above in Sr. No's. 1 & 2:
a) Certificate of incorporation;
b) Memorandum and Articles of Association;
c) A resolution of the Board of Directors to open the account and conveying
authority to operate the account;
d) Power of attorney, if any, granted by the Company to transact on its behalf;
d) An officially valid document (i.e. documents listed in Sr. Nos. 1 & 2 above) in
respect of person holding a Power of Attorney;
e) Certificate of Commencement of Business (for Public Ltd. Cos.)
f) List of present Directo rs of
g) A list of authorised ir signatures duly authorised by the
Chairman / Secretary;
Page 3 of 4
80180 8ECNEIMII
Sr.No. Particulars
8 ln the case of every Society / Association / CIub the following documents should
be obtained, in addition to the documents listed at Sr. No. 1 & 2 above:
a) Certificate of Registration, if registered;
b) Memorandum of Association;
c) Rules, regulations and bye-laws;
d) Committee resolution for opening and operating the account;
e) A list of authorised signatories with their signatures duly authorised by the
Chairman / Secretary;
9 ln the case of every Hindu Undivided Family (HUF), the following documents
should be obtained, in addition to the documents listed at Sr. Nos. 1 & 2 above:
a) Declaration from Karta;
b) Joint Hindu family letter signed by the Karta and all the major co-parceners;
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ANNEXURE 3
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Annexure 4
Non- Financial Alert lndicators
Sr. No. Alert lndicator Code Alert lndicator
1 cv 1.1 Customer abandoned the transaction for the KYC
requirement
2 cv 2.1 Customer offered false or forged ideitification documents
3 cv 3.1 Address non-existent at the time of account opening
4 cv 3.2 Address found to be wrong at the time of account opening
5 cv 4.1 Complex structure created to avoid identification of beneficial
owner
6 L42.1 Customer being investigated for select criminal offences
7 MR 1.1 Adverse media report for criminal activities
8 MR 2.1 Adverse media report about terrorist activities of customer
I EL 1.1 Customer abandoned the transaction when questioned
10 EL2.1 Customer body language based alert
11 EL 2.3 Customer provides inconsistent information
12 EL 3.1 Customer appears to be acting on behalf while posing in-
person
13. EL 4.1 Customer avoiding nearer branches without rationale
14 8L4.2 Customer offers different identification on different occasions
15 EL 4.3 Customer purposely wants to avoid reporting
to EL4.4 Customer is not able to explain the source of funds
17 EL 5.1 Transaction is unnecessarily made to be complex
18 EL5.2 Transaction has no economic rationale
19 EL 5.3 Transaction inconsistent with business/profile
20 PC 1.1 Complaints received from public
21. BA 1.1 Alerts raised by agent
22 8A.1.2 Alert raised by other institution
23 9. Trade Based Money Funds received but goods not exported - advance for exports
Launderinq
24 10 .Trade Based Money Funds sent out but goods not imported - advance for imports.
Laundering
25 16.Trade Based Money Underlying goods or services not in line with custome/s profile
Laundering and declared business.
26 18.Trade Based Money Transactions related to acquisition or sale of intangibles like
Launderinq PlN, +codes, specialized software, etc.
27 20.Trade Based Money High proportion of high seas sales/merchanting trade/post
Launderinq parcels receipts.
28 21.Trade Based Money Transactions involving third parties which may not be contract
Launderinq parties (consignee and remitter are different).
29 27.f rade Based Money Description of goods provided is vague.
Launderinq
30 28.Trade Based Money Pl{E*iAd@Kuments submitted look suspicious.
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Annexure 4
Non- Financial Alert lndicators
Sr. No. Alert lndicator Code Alert lndicator
Laundering
31 29.Trade Based Money Substantial inconsistencies between the information originally
Laundering supplied and that contained in the documents.
32 30.Trade Based Money Suspected discrepancies between description of goods on
Laundering transport document vis-ir-vis invoice/other documents.
33 lmport payments being made against old bills after lapse of
34.Trade Based Money
considerable period of time from impod of goods, without
Laundering
appropriate iustification and documentation.
34 36.Trade Based Money Goods transhipped through high risk jurisdictions for no
Laundering apparent reason.
35 Amounts of money transfer canied out by natural persons and
38.Trade Based Money
legal entities are multiples of 100/1 ,000/10,000/100,000
Laundering
USD/EUR/National currency.
36 40.Trade Based Money Originator of transfer not able to provide documents on the
Laundering source of money.
37 43.Trade Based Money Customer selling items on a commercial website and receiving
Launderinq money via internet payment service provider.
38 44.Ttade Based Money Originator/beneficiary information missing in wire transfers
Laundering
39 Use of repeatedly amended or frequently extended letters of
46.Trade Based Money
credit without reasonable justification or for reasons like
Laundering
chanqes of beneficiary or location.
40 47.Frade Based Money Accounts funded by negotiable instruments (such as travelers'
. Laundering cheques, cashiefs cheques, etc.) in round denominations.
41 48.Trade Based Money lmporter of goods not from the same country from where wire
Laundering (pavment for import) oriqinated.
42 50.Trade Based Money Packing inconsistent with the commodity or shipping method
Launderinq
43 53.Trade Based Money Booking of ticket abroad and subsequent cancelling and
Launderinq payment made to third parU.
44 55.Trade Based Money Forex for medical treatment as per prescribed limit but availed
Launderinq multiple times by the same individual in a year
45 A customer deviates significantly from its historical pattern of
58.Trade Based Money
trade activity (i.e. in terms of markets, monetary value, and
Laundering
frequencv of transactions, volume, or merchandise type).
46 Transacting parties appear to be affiliated, conduct business
59.Trade Based Money
out of a residential address, or provide only a registered
Laundering
agent's address.
47 60.Trade Based Money The LC contains non-standard clauses or phrases or has
Laundering unusual characteristics.
CV Customer Verification
LQ Law Enforcement Agency Query
MR Media Reports
EL Employee Level
PC Public Complaint
BA Business Associate
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Annexure 5
8 - Non-profit organisations
D - PREVENTIVE MEASURES
11 - Record keeping
1 3 -Correspondent banking
l5 -New technologies
16 - Wire transfers
19 - Higher-risk countries
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27 - Powers of supervisors
32 - Cash couriers
General Requirements
33 - Statistics
Sancfions
35 - Sanctions
G - INTERNATIONAL COOPERATION
36 - lnternational instruments
39 - Extradition
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Annexure 6
"51A. For the prevention of, and for coping with tenorist activities, the Central
Government shall have power to -
(a) 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;
(b) prohibit any individual or entity from making any funds, financial assets or economic
resources or related services available 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;
(c) prevent the entry into or the transit through lndia of individuals Listed in the Schedule
to the Order or any other person engaged in or suspected to be engaged in terrorism",
The Unlawful Activities (Prevention) Act define "Order" as under :
"Order" means the Prevention and Suppression of Terrorism (lmplementation of
Security Council Resolutions) Order, 2007, as may be amended from time to time.
ln order to expeditiously and effectively implement the provisions of Section 51A, the
following procedures shall be followed :-
Appointment and Communication of Details of UAPA Nodal Officers
2. As regards appointment and communication of details of UAPA nodal officers -
(i) The UAPA nodal officer for lS-l division would be the Joint Secretary (lS.l), Ministry of
Home Affairs. His contact details are 011-23092736 (Tel), 01 1-23092569 (Fai) and
jsis@nic.in (e-mail id).
(ii) The Ministry of External affairs, Department of Economic affairs, Foreigners Division
of MHA, FIU-IND; and RBl, SEBI, IRDA (hereinafter referred to as Regulators) shall
appoint a UAPA nodal officer and communicate the name and contact details to the lS-l
Division in MHA.
(iii) The States and UTs should appoint a UAPA nodal officer preferably of the rank of
the Principal Secretary / Secretary, H ment and communicate the name and
contact details to the lS-l Division i
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(iv) The lS-l Division in MHA would maintain the consolidated list of all UAPA nodal
officers and forward the list to all other UAPA nodal officers.
(v) The RBl, SEBI, IRDA should forward the consolidated list of UAPA nodal offic€rs to
the Banks, stock exchanges / depositories, intermediaries regulated by SEBI and
insurance companies respectively
(vi) The consolidated list of the UAPA nodal officers should be ciriulated to the nodal
ofiicer of lS-l Division of MHA in July every year and on every change. Joint Secretary
(lS-l), being the nodal officer of lS-l Division of MHA, shall cause the amended list of
UAPA nodal officers to be circulated to the nodal officers of Ministry of External Affairs,
Department of Economic affairs, Foreigners Division of MHA, RBl, SEBI, IRDA and FIU-
IND,
Communication of the List of Designated lndividuals / Entities
3. As regards communication of the list of designated individuals / entities -
(i) The Ministry of External Affairs shall update the list of individuals and entities subject
to UN sanction measures on a regular basis. On any revision, the Ministry of External
Affairs would electronically fonivard this list to the Nodal officers in Regulators, FIU-IND,
lS-l Division and Foreigners' Division in MHA. (ii) The Regulators would forward the list
mentioned in (i) above (referred to as designated lists) to the banks, stock exchanges /
depositories, intermediaries regulated by SEBI and insurance companies respectively.
(iii) The lS-l Division of MHA would forward the designated lists to the UAPA nodal
officer of all States and UTs.
(iv) The Foreigners Division of MHA would forward the designated lists to the
immigration authorities and security agencies.
Regarding Funds, Financial Assets or Economic Resources or related Services
held in the Form of Bank Accounts, Stocks or lnsurance Policies etc.
4" As regards funds, financial assets or economic resources or related services held in
the form of bank accounts, stocks or lnsurance policies etc., the Regulators would
forward the designated lists to the banks, stock exchanges / depositories, intermediaries
regulated by SEBI and insurance companies respectively. The RBl, SEBI and IRDA
would issue necessary guidelines to banks, stock exchanges / depositories,
intermediaries regulated by SEBI and insurance companies requiring them to -
(i) Maintain updated designated lists in electronic form and run a check on the given
parameters on a regular basis to veriry whether individuals or entities listed in the
schedule to the Order, herein after, referred to as designated individuals / entities are
holding any funds, financial assets or economic resources or related services held in the
form of bank accounts, stocks or lnsurance policies etc., with them.
(ii) ln case, the particulars of any of their customers match with the particulars of
designated individuals / entities, the banks, stock exchanges / depositories,
intermediaries regulated by SEBI and insurance companies shall immediately, not later
lhan 24 hours from the time of finding out such customer, inform full particulars of the
funds, financial assets or economic resources or related services held in the form of
bank accounts, stocks or lnsurance policies etc., held by such customer on their books
to the Joint Secretary (lS.l), Ministry of Home Affairs, at Fax No.01 1-23092569 and also
convey over telephone on 011-23092736. The particulars apart from being sent by post
should necessarily be conveyed on e-mail id :jsis@nic.in
(iii) The banks, stock exchanges / depositories, intermediaries regulated by SEBI and
insurance companies shall also send of the communication mentioned in (ii)
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above to the UAPA nodal officer of the state / UT where the account is held and
Regulators and FIU-IND, as the case may be.
(iv) ln case, the match of any of the customers with the particulars of designated
individuals / entities is beyond doubt, the banks, stock exchanges / depositories,
intermediaries regulated by SEBI and insurance companies would prevent designated
persons from conducting financial 38 transactions, under intim'ation to the Joint
Secretary (lS.l), Ministry of Home Affairs, at Fax No.011-23092569 and also convey
over telephone on 011- 23092736. The particulars apart from being sent by post should
necessarily be conveyed on e-mail id jsis@nic.in
(v) The Banks, stock exchanges / depositories, intermediaries regulated by SEBI and
insurance. companies, shall file a Suspicious Transaction Report (STR) with FIU-lND
covering all transactions in the accounts covered by paragraph (ii) above, carried
through or attempted as per the prescribed format.
5. On receipt of the particulars referred to in paragraph 3 (ii) above, lS-l Division of MHA
would cause a verification to be conducted by the State Police and / or the Cenhal
Agencies so as to ensure that the individuals / entities identified by the Banks, stock
exchanges / depositories, intermediaries regulated by SEBI and lnsurance Companies
are the ones listed as designated individuals / entities and the funds, financial assets or
economic resources or related services, reported by banks, stock exchanges /
depositories, intermediaries regulated by SEBI and insurance companies are held by
the designated individuals / entities. This verification would be completed within a period
not exceeding 5 working days from the date of receipt ofsuch particulars.
6. ln case, the results of the verification indicate that the properties are owned by or are
held for the benefit of the designated individuals / entities, an order to freeze these
assets under section 51A of the UAPA would be issued within 24 hours of such
verification and conveyed electronically to the concerned bank branch, depository,
branch of insurance company branch under intimation to respective Regulators and
FIU-IND. The UAPA nodal officer of lS-l Division of MHA shall also forward a copy
thereof to all the Principal Secretary / Secretary, Home Department of the States or
UTs, so that any individual or entity may be prohibited from making any funds, financial
assets or economic resources or related services available for the benefit of the
designated individuals / entities or any other person engaged in or suspected to be
engaged in terrorism. The UAPA nodal ofilcer of lS-l Division of MHA shall also forward
a copy of the order under section 51A, to all Directors General of Police /
Commissioners of Police of all states / UTs for initiating action under the provisions of
UnlaMul Activities (Prevention) Act.
The order shall take place without prior notice to the designated individuals / entities.
Regarding Financial Assets or Economic Resources of the Nature of lmmovable
Properties
7, lS-l Division of MHA would electronically fonrvard the designated lists to the. UAPA
nodal officer of all States and UTs with the request to have the names of the designated
individuals / entities, on the given parameters, verified from the records of the office of
the Registrar performing the work of regishation of immovable properties in their
respective jurisdiction. L ln case, the designated individuals / entities are holding
financial assets or economic resources of the nature of immovable property and if any
match with the designated individuals / entities is found, the UAPA nodal officer of the
state / UT would cause communi cation complete particulars of such individual /
entity along with complete details ts or economic resources of the
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nature of immovable property to Joint Secretary (lS.l), Ministry of Home Affairs,
immediately within 24 hours at Fax No.01 1-23092569 and also convey over telephone
on 011-23092736. The particulars apart from being sent by post would necessarily be
conveyed on e-mail id :jsis@nic.in.
9. The UAPA nodal officer of the state / UT may cause such inquiry.to be conducted by
the State Police so as to ensure that the particulars sent by the Registrar performing the
work of registering immovable properties are indeed of these designated individuals /
entities. This verification would be completed within a maximum of 5 working days and
should be conveyed within 24 hours of the verification, if it matches with the particulars
of the designated individual / entity to Joint Secretary (lS-l), Ministry of Home Affairs at
the Fax, telephone numbers and also on the e-mail id given below.
10. A copy of this reference should be sent to Joint Secretary (lS.l), Ministry of Home
Affairs, at Fax No.011-23092569 and also convey over telephone on 011- 23092736.
The particulars apart from being sent by post would necessarily be conveyed on e-mail
id jsis@nic.in. MHA may have the verification also conducted by the Central Agencies.
This verification would be completed within a maximum of 5 working days.
1'1. ln case, the results of the verification indicate that the particulars match with those
of designated individuals / entities, an order under section 51A of the UAPA would be
issued within 24 hours, by the nodal officer of lSl Division of MHA and conveyed to the
concerned Registrar performing the work of registering immovable properties and to
FIU-IND under intimation to the concerned UAPA nodal officer of the state / UT.
The order shall take place without prior notice, to the designated individuals / entities.
12. Further, the UAPA nodal officer of the state / UT shall cause to monitor the
transactions / accounts of the designated individual / entity so as to prohibit any
individual or entity from making any funds, financial assets or economic resources or
related services available 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. The UAPA nodal officer of the state / UT shall upon coming to his notice,
transactions and attempts by third party immediately bring to the notice of the DGP /
Commissioner of Police of the State / UT for also initiating action under the provisions of
Unlawful Activities (Prevention) Act.
lmplementation of Requests Received from Foreign Countries under U.N.
Security Council Resolution 1373 ol 2001
'13. U.N. Security Council Resolution '1373 obligates countries to freeze without delay
the funds or other assets of persons who commit, or attempt to commit, terrorist acts or
participate in or facilitate the commission of terrorist acts; of entilies owned or conkolled
directly or indirectly by such persons; and of persons and entities acting on behalf of, or
at the direction of such persons and entities, including funds or other assets derived or
generated from property owned or conholled, directly or indirectly, by such persons and
associated persons and entities. Each individual country has the authority to designate
the persons and entities that should have their funds or other assets frozen.
Additionally, to ensure that effective cooperation is developed among countries,
countries should examine and give effect to, if appropriate, the actions initiated under
the freezing mechanisms of other countries.
14. To give effect to the requests of foreign countries under U.N. Security Council
Resolution '1373, the Ministry of External Affairs shall examine the requests made by
the foreign countries and forward it lly, with their comments, to the UAPA
nodal officer for lS-l Division for other assets.
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15. The UAPA nodal officer of lS-l Division of MHA, shall cause the request to be
examined, within 5 working days, so as to satisfy itself that on the basis of applicable
legal principles, the requested designation is supported by reasonable grounds, or a
reasonable basis, to suspect or believe that the proposed designee is a terrorist, one
who finances terrorism or a terrorist organization, and upon his satisfaction, request
would be electronically forwarded to the nodal officers in Regulators,'FlU-IND and to the
nodal officers of the States / UTs. The proposed designee, as mentioned above would
be keated as designated individuals / entities.
16. Upon receipt ofthe requests by these nodal officers from the UAPA nodal officer of
lS-l Division, the procedure as enumerated at paragraphs 4lo 12 above shall be
followed.
The freezing orders shall take place without prior notice to the designated persons
involved
Procedure for Unfreezing of Funds, Financial Assets or Economic Resources or
related Services, of lndividuals / Entities lnadvertently affected by the Freezing
Mechanism upon Verification that the Person or Entity is not a Designated Person
17. Any individual or entity, if it has evidence to prove that the freezing of funds,
financial assets or economic resources or related services, owned / held by them has
been inadvertently frozen, they shall move an application giving the requisite evidence,
in writing, to the concerned bank, stock exchanges / depositories, intermediaries
regulated by SEBI, insurance companies, Regishar of lmmovable Properties and the
State / UT nodal officers. 18. The banks, stock exchanges / depositories, intermediaries
regulated by SEBI, insurance companies, Registrar of lmmovable Properties and the
State / UT nodal officers shall inform and forward a copy of the application together with
full details.of the asset frozen given by any individual or entity informing of the funds,
financial assets or economic resources or related services have been frozen
inadvertently, to the nodal officer of lS-l Division of MHA as per the contact details given
in paragraph 4 (ii) above, within two working days.
19. The Joint Secretary (ls-l), MHA, being the nodal officer for lS-l Division of MHA
shall cause such verification as may be required on the basis of the evidence furnished
by the individual / entity and if he is satisfied, he shall pass an order, within 15 working
days, unfreezing the funds, financial assets or economic resources or related services,
/
owned held by such applicant, under intimation to the concerned bank, stock
exchanges / depositories, intermediaries regulated by SEBI, insurance company and
the nodal ofticers of States / UTs. However, if it is not possible for any reason to pass
an Order unfreezing the assets within 15 working days, the nodal officer of lS-l Division
shall inform the applicant.
Communication of Orders under Section 51A of Unlawful Activities (Prevention)
Act
20. All Orders under section 51A of Unlawful Activities (Prevention) Act, relpting to
funds, financial assets or economic resources or related services, would be
communicated to all the banks, depositories / stock exchanges, intermediaries
regulated by SEBI, insurance companies through respective Regulators, and to all the
Registrars performing the work of registering immovable properties, through the state /
UT nodal officer by lS-l Division of MHA.
Regarding Prevention of Entry into or Transit through lndia
21. As regards prevention of entry transit through lndia of the designated
individuals, the Foreigners Divisio tt ll forward the designated lists to the
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immigration authorities and security agencies with a request to prevent the entry into or
the transit through lndia. The order shall take place without prior notice to the
designated individuals / entities.
22. fhe immigration authorities shall ensure strict compliance of the Orders and also
communicate the details of entry or transit through lndia of the designated individuals as
prevented by them to the Foreigners' Division of MHA.
Procedure for Communication of Compliance of Action taken under Section 51A
23. The nodal officers of IS-l Division and Foreigners Division of MHA shall furnish the
details of funds, financial assets or economic resources or related services of
designated individuals / entities frozen by an order, and details of the individuals whose
entry into lndia or transit through lndia was prevented, respectively, to the Ministry of
External Affairs for onward communication to the United Nations.
24. All concerned are requested to ensure strict compliance of this order.
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(D. Diptivilasa) Joint Secretary to Government of lndia
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