Customer Acceptance Policy

Transcription

1 Customer Acceptance Policy 1. Introduction and Scope of Policy This Customer Acceptance Policy (the Policy ) is pursuant to Regulation 7(9) of the Prevention of Money Laundering and Funding of Terrorism Regulations 2008 (the PMLFTR ). Inadequate understanding of a customer s background and purpose for utilising a bank account or any other banking product/service may expose Bank of Valletta p.l.c. (the Bank ) to a number of risks. The primary objectives of the Policy are: (i) (ii) (iii) to manage any risk that the Bank may be exposed to through the provision of its services to customers; to prevent the Bank from being used, intentionally or unintentionally, for money laundering and/or terrorist financing purposes; and to identify customers who are likely to pose a higher than average risk. The Policy forms part of a wider Know Your Customer process through which the Bank ensures that the relevant legislative and regulatory obligations are put into practice. The relevant prevention of money laundering and funding of terrorism procedures (PML Handbook) are available to all Bank employees on the Bank s intranet. 2. Aims of the Policy The Policy aims to address the responsibility of the Bank to: a) provide for the identification of the different type of customers, individual and/or corporate, that are likely to pose a higher than average risk or fall outside the Bank s risk appetite; b) provide for the identification and assessment of risks, of potential money laundering and/or terrorist financing by means of the five (5) risk categories, described in further detail hereunder; c) provide for the identification of risk indicators such as the customer background, country of origin, business activities, 1

2 jurisdictions with which the customer conducts its business, products, linked accounts or activities and public or other high profile positions; d) manage and control these risks through effective and proportional enhanced controls, within which customer acceptance, maintenance and monitoring are managed; e) be able to monitor such controls in such a way as to carry out the necessary enhanced adjustments as deemed necessary; f) provide for the recording of all decisions taken and all the measures adopted in the implementation of the above. 3. Definition of customer A customer is defined as a legal or natural person, whether acting as principal or agent, who seeks to form a business relationship, or carry out an occasional transaction with the Bank. The relationships falling within the definition of Bank customers include but are not limited to the following: A natural or legal person who maintains an account or has a business relationship with the Bank; The individual on whose behalf an account or business relationship is maintained (i.e. beneficial owner); Beneficiaries of transactions conducted by intermediaries ;Correspondent banks; and Investment funds (e.g. SICAVs) for whom the Bank provides custody or advisory services. 4. Assessment Process by Means of the Five Risk Categories The criteria taken into account for the evaluation and the segmentation of the Bank s customers on a risk based approach are based on the following risk categories: a) COUNTRY/GEOGRAPHICAL RISK The risk posed to the Bank could be due to the geographical location of the business/economic activity of the applicant for business and/or beneficial owner, the customer s country of residence as well as the source of funds related to the business relationship. b) CUSTOMER RISK - The assessment of the risk posed by a person is generally based on the person s economic activity and/or source of wealth as well as his 2

3 attitude towards the Bank s requirements, legally and procedurally. Corporate structures such as trusts, foundations, associations and commercial partnerships may be used as a means to cover up the link between a criminal activity and the persons benefitting from the proceeds of such criminal activity. c) BANK PRODUCT RISK Certain products offered by the Bank could pose a higher risk than others and, consequently, necessitate a higher level of due diligence to be carried out. d) CUSTOMER BUSINESS ACTIVITY RISK - Certain products and services are inherently more risky than others and are therefore more attractive to criminals. In view of this, there are certain products and services that necessarily require a more enhanced form of due diligence, while other services and products are strictly prohibited. These are described and listed in further detail below. e) INTERFACE/CHANNEL RISK - The mediums used to commence a banking relationship and through which transactions are carried out may also have a bearing on the risk profile of a business relationship or transaction with the Bank. 5. Determining the Risk Profile Customers are classified into various risk categories based on risk perception and a detailed acceptance criteria for each category of customers is to be used at the commencement of a business relationship, as well as for the purposes of ongoing monitoring of already existent relationships. Thus, a progressively riskier customer would require Enhanced Due Diligence. Each risk criteria has been mapped with a progressively increasing measure extending from low risk (Simplified Due Diligence) to high risk (Enhanced Due Diligence). 6. Customer Due Diligence Customer Due Diligence ( CDD ) is the main practice used to obtain sufficient information on the applicant for business, the customer or the beneficial owner. It is a means to: i) determine and verify whether a customer or a potential customer is the person s/he purports to be; ii) determine whether such person is acting on behalf of another; iii) establish the purpose and intended nature of the business relationship and 3

4 iv) monitor such business relationship on an ongoing basis. Customer Due Diligence will have additional applicable controls and measures when dealing with high risk customers. These would include collecting additional documentation and information and increased monitoring. 7. Restrictions and Prohibitions It is important for the Bank to have a clear and concise understanding of all customer practices in order to avoid any possibility of money laundering and/or terrorist financing exposure. To this end, the Bank restricts or prohibits the commencement of a banking relationship with certain types of customers and/or the entering into certain types of transactions. Restrictions include the following: a) Purchase of Bills Payable, foreign drafts, foreign cash, travellers cheques in excess of 1,000 cannot be effected in cash and can only be effected by debiting a customer account. b) Inward and Outward payment orders will be accepted only if all beneficiary and remitter details are provided. Supporting information and evidence related to the transaction may be requested before or occasionally after the payment has been processed. c) Purchase of Bancassurance products in excess of 5,000 cannot be effected in cash and can only be effected by debiting a customer s account. Settlement of VFM funds or direct securities acquired through the Bank s stockbroking arm are to be effected by debiting customer s own account. d) Life Insurance Trust: cash and cheques payable to third parties are to be processed through the customer s account prior to crediting the appropriate Life Insurance Trust account. e) Provided all the relevant customer due diligence requirements are satisfied, the Bank will only enter into a relationship with gaming companies which are licensed by the Maltese Lotteries and Gaming Authority; and in exceptional circumstances and subject to enhanced due diligence and Senior Management approval, with gaming companies licensed or regulated in an EU or EEA jurisdiction. 4

5 f) Online Gaming companies cannot effect cash deposits. g) International Corporate Clients shall only be considered if they are introduced to the Bank by an acceptable introducer. h) The Bank shall only consider business from nominees/fiduciaries/trustees who are licensed or who originate from a reputable jurisdiction, as may be defined by the Bank from time to time. The following is a list of persons with whom the Bank is presently not prepared to enter into a business relationship, be it direct or indirect: (i) banks and corporations which do not have a physical presence in any jurisdiction (shell banks/corporations); (ii) business structures that make it impossible to verify the ultimate beneficial owner/s; (iii) individuals/business structures that make it impossible to verify the legitimacy of their activities or the source of funds; (iv) applicants for business who refuse to provide the required information or documentation; (v) Payable Through Accounts; (vi) sanctioned individuals and entities; (vii) profit making child adoption agencies; (viii) applicants for business involved in child pornography; (ix) applicants for business involved in adult entertainment, including but not limited to pornography and dating; (x) applicants for business involved in illegal drug paraphernalia; (xi) applicants for business involved in pyramid sales; (xii) applicants for business involved in the production or trade in radioactive materials and or arms of mass destruction; (xiii) applicants for business involved in the production or trade in weapons and munitions or spare parts of war related vehicles; (xiv) applicants for business involved in production or activities involving harmful or explosive forms; (xv) applicants for business involved in forced/harmful child labour activities; (xvi) entities with bearer shares; (xvii) applicants for business involved in any form of counterfeit goods; (xviii) professional poker players; (xix) gaming companies licensed or originating from or operating in jurisdictions outside the EU or EEA jurisdictions; (xx) Companies offering armed security services; 5

6 (xxi) Payment processors which are registered in non reputable jurisdictions and which are not licensed or authorised to operate in the EU. (xxii) Structures which include beneficial interests held by a nominee/fiduciary/trustee where the nominee/fiduciary/trustee is not registered, licensed or regulated in a reputable jurisdiction, as may be defined by the Bank from time to time.; (xxiii) Entities or individuals linked and/or dealing with Carbon credit trading schemes, unless such trading takes place on a regulated market; (xxiv) Entities or individuals linked or operating in the Crypto currency market, including persons involved in the Bitcoin industry/business; (xxv) Foreign dealers of fine art, antiques, precious stones, precious metals, jewellery, watches or silverware; (xxvi) Individuals or entities linked to pseudo-chivalric orders or self-styled orders which are not officially recognised; (xxvii) Trusts or foundations where the sole beneficiary is a charitable organization or institution; (xxviii) Applicants for business involved in nutraceuticals and pharmaceuticals acquired over the internet; (xxix) Holdings companies registered in non reputable jurisdictions, which lack any apparent substance or links to trading activity; and (xxx) Charitable institutions and organisations which are not officially registered or recognized. Apart from the above, on a case by case basis, the Bank has the right to refuse any applicant for business which does not fall within the Bank s risk appetite. 8. Escalation Process The Bank has in place an escalation process where if following an analysis of a proposed client relationship, including careful consideration of the following criteria: a. Jurisdiction b. Expected annual turnover c. Structure of the applicant for business d. Operations of the applicant for business the Branch/Unit Manager or Relationship Manager is of the view that such proposal merits further consideration, the Branch/Unit Manager or Relationship Manager shall escalate the proposal through the appropriate channels to Senior Management. Compliance Unit and Risk Management shall be consulted by Senior Management as may be necessary. 6

7 9. Timing of Customer Due Diligence The PMLFTR require subject persons to apply CDD measures to new customers and to existing customers at appropriate times on a risk sensitive basis. CDD is to be applied: a) to all applicants for business prior to establishing a business relationship; b) to all existing customers in the event that the Bank becomes aware that changes have occurred; c) to all applicants for business when carrying out an occasional transaction; and d) to existing high risk customers on a periodic basis where it is deemed necessary to reconfirm identification, nature of business and any other information previously obtained