INTERNATIONAL CORRESPONDENT BANKING

Transcription

1 INTERNATIONAL CORRESPONDENT BANKING Know your Customer (KYC) Prevention of Money Laundering and the Financing of Terrorism General Information on the Financial Institution Registered Name Commercial name (if applicable) Full address of the registered office of the financial institution (Street, town and country) VAT number BIC code WebSite Please list the primary business activities of the bank Does your country adhere to the 40 anti money recommendations and the 9 special terrorist financing recommendations developed by the Financial Action Task Force (FATF)? If your country is not a member of the FATF, please provide the name of the comparable organization to which your country belongs Do you have subsidiaries? (If so, give details) Are they located in tax havens? In territories that do not co operate with the GAFI? Subsidiary name Country BIC Regulatory body/ licence/ Patriot Act certificate Name of regulatory body Number / reference of entry in the register or licence Name of the regulatory authority responsible for the supervision and control the Anti money laundering and combat the financing of terrorism Is your banking licence subject to any type of restriction? (If so, state the restriction and attach a copy of your licence)

2 If so, which? Has your institution the USA Patriot Act Certificate? (If yes, provide a copy of the certificate) Ownership and Governing Bodies Legal form Shareholder structure Public Private Listed on the stock exchange If listed on the stock exchange, state which one Are your shares negotiated in markets with appropriate jurisdictions and regulations? For the purposes to determine the BENIFICIAL OWNER, attach a list of shareholders/owners who control directly or indirectly or exercise control over 20%. In the event that anyone controls more than 20%, detail the 10 largest shareholders/owners. State whether your institution has any Politically Exposed Persons (PEPs) within the bank s executive bodies Name /Percentage % If so, give details below of their names and the position they occupy Name Post I. General AML Policies, Practices and Procedures YES NO 1. Does your FI have a compliance and regulatory program of Anti Money Laundering and Combat the Financing of Terrorism (AML/CFT), which requires the approval of the Board or Senior Committee? 2. Does the FI have a legal and regulatory compliance program that includes a designated officer that is responsible for coordinating and overseeing the AML/CFT programme? If Yes, Please provide the following information: Complete Name: Position title: Mailing address: Telephone number: 3. Has the FI developed written policies documenting the processes that they have in place to prevent, detect and report suspicious transactions? 4. Does the FI have an internal audit that review regularly the adequacy of your Anti Money Laundering and combat the financing of terrorist policies and practices?

3 5. Does the FI have a policy prohibiting accounts/relationships with shell banks? (A shell bank is defined as a bank incorporated in a jurisdiction in which it has no physical presence and which is unaffiliated with a regulated financial group.) 6. Does the FI have policies to reasonably ensure that they will not conduct transactions with or on behalf of shell banks through any of its accounts or products? 7. Does the FI have procedure to identify the relationships with "Politically Exposed Persons "(PEP'S) and to apply Enhanced Due Diligence to these customers? 8. Does the FI have record retention procedures that comply with applicable law? If Yes, which is the period of conservation? 9. Does the FI have AML/CFT policies and practices that are applicable to your branches and subsidiaries in your origin country and also apply in foreign branches and subsidiaries? I. Evaluation of Risk YES NO 10. Does your bank have a risk based assessment of its customer base and their transactions? 11. Does your bank determine the appropriate level of enhanced due diligence necessary for those categories of customers and transactions that the FI has reason to believe, pose a heightened risk of illicit activities at or through the FI? III. Know Your Customer, Due Diligence and Enhanced Due Diligence YES NO 12. Has your bank implemented processes for the identification of those customers on whose behalf it maintains or operates accounts or conducts transactions? 13. Does your bank have a requirement to collect information regarding its customers business activities? 14. Do you assess your customers AML policies or practices? 15. Does your bank complete a risk based assessment to understand the normal and expected transactions of its customers? 16. Does your bank have a process to review and, where appropriate, update customer information relating to high risk client information? 17. Does your bank have procedures to establish a record for each new customer noting their respective identification documents and Know Your Customer information? IV. Reportable Transactions and Prevention and Detection of Transactions with Illegally Obtained Funds 18. Does your bank have policies or practices for the identification and reporting of transactions that are required to be reported to the authorities? YES NO 19. Where cash transaction reporting is mandatory, does your bank have procedures to identify transactions structured to avoid such obligations?

4 20. Does your bank screen customers and transactions against official lists of persons, entities or countries issued by government/competent authorities? United Nations European Union OFAC Other local regulations 21. Does your bank have policies to reasonably ensure that it only operates with correspondent banks that possess licenses to operate in their countries of origin? V. Transaction Monitoring YES NO 22. Does your bank have a monitoring program to detect unusual and potentially suspected operations of money laundering or the financing of terrorism, that covers funds transfer and other money instruments, such as traveller's cheques, money orders? VI. AML Training YES NO 23. Does your bank provide AML training to relevant employees that includes: Identification and reporting of transactions that must be reported to government authorities. Examples of different forms of money laundering involving your products/services. Internal policies to prevent Anti money laundering and combating the financing of terrorism (AML/CFT) 24. Does your bank retain records of its training sessions including attendance records and relevant training materials used? 25. Does your bank communicate new AML/CFT related laws or changes to existing AML related policies or practices to relevant employees? 26. Does your bank employ third parties to carry out some of the functions of the FI? 27. If the answer to question 26 is yes, does your bank provide AML training to relevant third parties that includes: Identification and reporting of transactions that must be reported to government authorities. Examples of different forms of money laundering involving your products/services. Internal policies to prevent AML/CFT. VII. KEY REGULATORY ISSUES YES NO 28. Has your institution established and maintain, on an ongoing basis an anti money laundering/anti terrorist financing compliance program? 29. Does your bank have a specific regulation to control the risks associated with the non face to face business (phone banking, banking on line etc.) and relationships through intermediaries or third parties?

5 30. Does your bank offer anonymous accounts or numbered accounts, for which your bank does not have full particulars of the beneficial owner? 31. Does your FE send transfers or bank transactions on behalf of non customers, without obtaining proof of identification? 32. Does your institution require full information on the issue of transfers, including the name of the originator and beneficiary, your address and account number? 33. In relation to cross border correspondent banking and other similar relationships, does your institution gather sufficient information about a respondent institution to understand their business, reputation, quality of supervision and regulatory history? 34. Does your institution offer Payable Through Account (Clear Through)? (These are accounts of the correspondent Bank that are used directly by third parties to conduct commercial operations or any other form of self employed.) If answer is affirmative, provide details of due diligence requirements that your bank has implemented with respect to customers who have direct access to the accounts of the Bank correspondent General With respect to your transactional activity, please state the purpose of it (opening account/swift exchange)? Do you have other accounts in Spain? Has your institution been involved in any proceedings of public relevance or sanctioned in relation with money laundering or terrorist financing in the last five year? If so, give details of the reason for this and the outcome

6 IRAN SANCTIONS STATEMENT / QUESTIONNAIRE Please respond to the questions below: 1. Financial Institution name: 2. Financial Institution address: 3. Does your institution provide or maintain correspondent banking products/services to, with or for the benefit of, or on the direction or order of, an Iranian financial institution* or a subsidiary of an Iranian financial institution? No Yes Please list the name of each Iranian financial institution or subsidiary thereof. Financial Institution or Subsidiary *For the purposes of this questionnaire, an Iranian financial institution means a body corporate, trust, partnership, fund, unincorporated association or organization, established under the laws of Iran that engages, directly or indirectly, in the business of providing financial services. 4. If "YES" to question 3, does your institution apply enhanced due diligence measures to transactions emanating from or destined to Iran (Iran EDD)? No Yes Provide the details: Not Yet Provide details and expected date of Iran EDD implement Comments If you wish to state any relevant fact or clarify any matter regarding any of your answers to this questionnaire, please do so here

7 Important: Also, please inform us in writing as soon as possible of any changes to the data that you have entered on this questionnaire. CaixaBank Anti Money Laundering Department AML Tel.: /8299 Fax: Avda., T.1, P Barcelona (Spain) I confirm that I am authorised to complete this document: Name Institution Stamp Position Signature Date Thank you very much for your co operation