Anti-Money Laundering and Counter Financing of Terrorism (AML/CFT) - Money Services Business (Sector 3) (Supplementary Document No.

Similar documents
GUIDELINES FOR THE ESTABLISHMENT AND MAINTENANCE OF REPRESENTATIVE OFFICES 1

IME (M) SDN BHD CUSTOMER ACCEPTANCE POLICY

made in favour of the Bank for the account of the Customer, no other forms of payments are acceptable for placement.

MSC TRUSTGATE.COM RELYING PARTY AGREEMENT

GUIDELINES RELATING TO PRACTISING CERTIFICATE FOR SECRETARIES UNDER SECTION 241 OF THE COMPANIES ACT 2016

Green Freight Asia Privacy Policy

ACT No 486/2013 Coll. of 29 November 2013 concerning customs enforcement of intellectual property rights

GUIDELINES FOR DISPUTE RESOLUTION

INWARD REMITTANCE RULES AND REGULATIONS 2016 ROYAL MONETARY AUTHORITY OF BHUTAN

1. (1) This Act may be cited as the Anti-Money Laundering and Anti-Terrorism Financing (Amendment) Act 2013.

Development Financial Institutions (Amendment) 1 A BILL. i n t i t u l e d

Multilateral Memorandum of Understanding on. Cooperation Arrangements and Exchange of Information

GENERAL TERMS & CONDITIONS

INDIA G20 National Remittance Plan

THE WORLD BANK AFRICA-ASIA GROUP MEETING Federal Reserve Bank of New York 25 September 2014

Page 10 Volume 133 Part 144 A Government Gazette 30 December 2559 (2016) (Unofficial Translation)

ORDINANCE. By Frey. Amending Title 13 of the Minneapolis Code of Ordinances relating to Licenses and Business Regulations.

DETERMINATION NO. 01 OF 2016

GOVERNMENT GAZETTE OF THE REPUBLIC OF NAMIBIA. N$27.20 WINDHOEK - 14 December 2012 No. 5096

MEASURES AGAINST MONEY LAUNDERING ACT

Counter-Terrorism Financing Act B.E. 2556

WORLD BANK REGIONAL WORKSHOP WORLD BANK REGIONAL WORKSHOP

GENERAL CIRCULAR NO. 3 YEAR 1999 REGULATIONS FOR THE CONDUCT OF RESEARCH IN MALAYSIA

FINANCIAL INTELLIGENCE CENTRE (FIC)

Financial Intelligence Act 13 of 2012 (GG 5096) brought into force on 21 December 2010 by GN 304/2012 (GG 5104) ACT

Terms of Reference (ToR)

AS TABLED IN THE HOUSE OF ASSEMBLY

Sanctions Policy August 2016

PART II SECURITIES AND FUTURES MARKETS

AUDIT & RISK ASSURANCE COMMITTEE TERMS OF REFERENCE

S/2003/633* Security Council. United Nations

613 ANTI-MONEY LAUNDERING AND ANTI-TERRORISM FINANCING ACT

EWR, INC. PARTICIPANT AGREEMENT

PRESS RELEASE. Product crack: Axis Forex Online

The Malaysian Experience

FEDERAL REPUBLIC OF SOMALIA

An exploratory note. Author: Louis de Koker Professor of Law, Deakin University; Cenfri Research Fellow

Compliance Committee Charter. The Saudi Investment Bank

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY

Rule 8400 Rules of Practice and Procedure GENERAL Introduction Definitions General Principles

BERMUDA 2008 : 36 ANTI-TERRORISM (FINANCIAL AND OTHER MEASURES) AMENDMENT ACT 2008

(434/2003; amendments up to 893/2015 included)

EWR, INC. PEANUT PARTICIPANT AGREEMENT. THIS AGREEMENT is entered into as of the day of, by and between EWR,

Online Account Access Agreement

VALUE ADDED SERVICES DIRECTIVE (Translated from the Amharic Version)

General Framework of Electronic Voting and Implementation thereof at National Elections in Estonia

Office of the Ombudsman of Rwanda

Access to remedy for business-related human rights abuses

Estonian Central Register of Securities Act 1

SUMMARY: This final rule adopts the notice of proposed rulemaking (NPRM) we

.BOOKING DOMAIN NAME REGISTRATION POLICIES

Sanctions and Anti-Money Laundering Bill [HL]

GFRID 2017 NEW YORK - REMARKS BY DIRECTOR MONEY SERVICES BUSINESS REGULATION DEPARTMENT, BANK NEGARA MALAYSIA.

INFORMATION PROCESSING POLICIES INSIGHT CRIME DATABASES Preliminary Provisions

PREVENTION OF TERRORISM ACT

Regulation of Interception of Act 18 Communications Act 2010

A Guide to the UK s Bribery Act 2010 Martin Polaine. London Centre of International Law Practice. Anti-corruption Forum, 007/ /02/2015

PERLEMBAGAAN CONSTITUTION UNTUK FOR PERTUBUHAN SAINS FORENSIK MALAYSIA (THE FORENSIC SCIENCE SOCIETY OF MALAYSIA)

UNMIK REGULATION NO. 2004/2 ON THE DETERRENCE OF MONEY LAUNDERING AND RELATED CRIMINAL OFFENCES

CORPORATE GOVERNANCE GUIDELINES

NOTICES ACCOMPANYING THE ELECTRONIC PROSPECTUS/INFORMATION MEMORANDUM/KNOWLEDGE PACK AND E-IPO APPLICATION FORMS FROM THE WEBSITE

REPORT 2015/179 INTERNAL AUDIT DIVISION

General Rulebook (GEN)

General Terms and Conditions BB Remessa

European Single Procurement Document ESPD (Scotland) Version 1.6

REPORT 2016/100 INTERNAL AUDIT DIVISION. Audit of the operations in Niger for the Office of the United Nations High Commissioner for Refugees

TERMS OF SERVICE FOR SUPPORT NETWORK COMMUNITY HEART AND STROKE REGISTRY SITE Last Updated: December 2016

TECU CREDIT UNION CO-OPERATIVE SOCIETY LIMITED

Rules of Procedure of the Court of the Eurasian Economic Union

Kane County Local Rule

Stamp (Amendment) 1 A BILL. i n t i t u l e d [ ]

Sanctions and Anti-Money Laundering Bill [HL]

BERMUDA TRUSTS (REGULATION OF TRUST BUSINESS) ACT : 22

BERMUDA VIRTUAL CURRENCY BUSINESS ACT 2018 BR/ 2018: TABLE OF CONTENTS PART 1 PRELIMINARY

Trustwave Subscriber Agreement for Digital Certificates Ver. 15FEB17

REPORT FROM THE SPECIAL MASTER UNITED STATES VICTIMS OF STATE SPONSORED TERRORISM FUND JANUARY 2017

Province of Alberta EMERGENCY 911 ACT. Statutes of Alberta 2013 Chapter E-7.5. Current as of April 1, Published by Alberta Queen s Printer

CONSTITUTION. Perth Region NRM Inc. Incorporated Under the Associations Incorporation Act 2015 Registered No. A U.

DUE DILIGENCE PRICES & PRODUCTS

Procedural Rules Mining and Lands Commissioner

Fragomen Privacy Notice

United Nations Security Council and Autonomous Sanctions Compliance Policy

CASH MANAGEMENT SERVICES MASTER AGREEMENT

DD/DSD CDS PROCEDURES MANUAL FOR ADA 21/04/17 Chapter: 4 ACCOUNT MANAGEMENT Section: 4.1 Opening Of Account Applications

LICENSE and SUPPORT AGREEMENT Transaction facilitated through ADP Marketplace, Customer-Hosted

The Michigan Medical Marihuana Act Thoughts and Comments on the Current State of the Law

68 REPORTING MONEY LAUNDERING AND FINANCING OF TERRORISM ACTIVITY AND TRANSACTIONS

REPORT ON NATIONAL ASSESSMENT OF MONEY LAUNDERING AND TERRORISM FINANCING RISK IN THE REPUBLIC OF ARMENIA

Mobile Money Guyana Inc. Registered Customer Terms & Conditions

TRUSTS (REGULATION OF TRUST BUSINESS) ACT 2001 BERMUDA 2001 : 22 TRUSTS (REGULATION OF TRUST BUSINESS) ACT 2001

Registration Authority Registration & Licensing Handbook

African Conference on Remittances and Postal Networks

SUPPLEMENTAL REPORT FROM THE SPECIAL MASTER UNITED STATES VICTIMS OF STATE SPONSORED TERRORISM FUND AUGUST 2017

Regulation of Remittances and its Impact on Access to Finance. The AML Framework as a Tool to Increase Access to Finance

Amendment to Program Information

TERMS AND CONDITIONS OF USE OF THE ELECTRONIC EXCHANGE SYSTEM. external experts in the context of EU funding programmes.

ARGENTINA G20 National Remittance Plan

Sanctions and Anti-Money Laundering Bill [HL]

OVERVIEW OF CURRENT STATUS OF ALABAMA S IMMIGRATION LAW

Poll Watchers. Information Packet Published October 10, 2016

Transcription:

Anti-Money Laundering and Counter Financing of Terrorism (AML/CFT) - Money Services Business (Sector 3) (Supplementary Document No. 1) Exposure Draft

This exposure draft outlines the proposed minimum requirements and standards that an approved remittance service provider must observe in implementing electronic Know Your Customer (e-kyc) in carrying on remittance business through online or mobile channels for the on-boarding process. This is to ensure effective and robust Anti-Money Laundering and Counter Financing of Terrorism (AML/CFT) control measures and systems that safeguard the safety and integrity for the provision of online and mobile remittance services are in place. The Bank invites written feedback and comments on this exposure draft. Please support each comment with a clear rationale and accompanying evidence or illustration, as appropriate. In addition to providing general feedback, reporting institutions are requested to respond to the specific question set out in this paper. Responses must be submitted by 20 October 2017 to: Pengarah Jabatan Pengawalan Perniagaan Perkhidmatan Wang Bank Negara Malaysia Jalan Dato' Onn 50480 Kuala Lumpur Email: msbr@bnm.gov.my Electronic submission is encouraged. Submissions received may be made public unless confidentiality is specifically requested for the whole or part of the submission. Any queries may be directed to: Lin Zhi Ying zhiying@bnm.gov.my or 03 2698 8044 (ext.7785) Amalina Nabilah Rozlan nabilahr@bnm.gov.my or 03 2698 8044 (ext.8235) Noor Nazatul Hashimi Hashim nazatul@bnm.gov.my or 03 2698 8044 (ext.7394)

PART A: OVERVIEW 1. Introduction.......... 1 2. Legal Provisions...... 1 3. Applicability............ 1 4. Effective Date....... 2 5. Policy Superseded.. 2 6. Relationship with Existing Policies 2 7. Interpretation..... 3 PART B: POLICY REQUIREMENTS 8. Implementation of e-kyc 5 9. Enforcement.. 7

1 of 7 PART A: OVERVIEW 1. Introduction 1.1. As part of the continuous efforts to increase the use of formal channels and to promote financial inclusion, digitalisation of remittance services has been identified as an important enabler to increase the convenience and reach, and lower costs of remittance services. A key aspect of digitalisation entails the delivery of end-to-end electronic remittance solutions through online channel and mobile channel, supported by the adoption of financial technology. This document provides for qualified remittance service providers licensed under the Money Services Business Act 2011 (MSBA) which offer online and/or mobile remittance services to establish business relationships by way of electronic means without face-to-face verifications, and sets out the minimum requirements and standards that an approved remittance service provider must observe in implementing e-kyc for the on-boarding process. This is to ensure effective and robust Anti-Money Laundering and Counter Financing of Terrorism (AML/CFT) control measures and systems that safeguard the safety and integrity for the provision of online and mobile remittance services. 2. Legal Provisions 2.1. This document is issued pursuant to: (a) (b) Sections 16, 18, 19, 66E and 83 of the Anti-Money Laundering, Anti- Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLA); and Section 74 of the MSBA. 3. Applicability 3.1. This document is applicable to reporting institutions licensed under the MSBA which carry on remittance business through online channel or mobile channel using e-kyc.

2 of 7 4. Effective Date 4.1. This document comes into effect upon issuance of the final document. 5. Policy superseded 5.1 This document supersedes paragraph 18, Part B of the Anti-Money Laundering and Counter Financing of Terrorism (AML/CFT) Money Services Business (Sector 3) issued on 15 September 2013 insofar as it applies to reporting institutions as defined under this document. 6. Relationship with Existing Policies 6.1 This document shall be read together with (a) The AML/CFT Money Services Business (Sector 3) issued on 15 September 2013; and (b) Other documents issued by Bank Negara Malaysia relating to compliance with AML/CFT requirements.

3 of 7 7. Interpretation 7.1. The terms and expressions in this document shall have the same meanings assigned to them in the AMLA, MSBA and the AML/CFT Money Services Business (Sector 3) issued on 15 September 2013, as the case may be, unless otherwise defined in this document. 7.2 For the purpose of this document S denotes a standard, an obligation, a requirement, specification, direction, condition and any interpretative, supplemental and transitional provisions that must be complied with. Non-compliance may result in enforcement action. G denotes guidance which may consist of statements or information intended to promote common understanding and advice or recommendations that are encouraged to be adopted. the Bank means Bank Negara Malaysia. electronic Know Your Customer (e-kyc) means establishing business relationships and conducting customer due diligence measures by way of electronic means, including online channel and mobile channel. mobile channel" means conducting remittance transactions using a mobile phone or tablet through the mobile application provided by the reporting institution. Question Please provide feedback on other mobile channels that may not be adequately captured in the definition. online channel" means conducting remittance transactions through an internet browser, on a computer, mobile phone, tablet or any electronic device.

4 of 7 reporting institution for the purpose of this document means a remittance service provider licensed under the MSBA which carries on remittance business through online or mobile channels using e-kyc. remittance account means a customer account which contains customer information including personal details and remittance transaction records of the customer, that is maintained by a reporting institution. expatriate means a foreign national who meets the eligibility criteria for expatriate employment and is approved by the Immigration Department of Malaysia (Ministry of Home Affairs) to be employed in Malaysia. foreign worker means a foreign national who is employed in Malaysia, other than expatriates.

5 of 7 PART B: POLICY REQUIREMENTS 8. Implementation of e-kyc S 8.1. A reporting institution shall obtain the prior written approval of the Bank to implement e-kyc for the provision of online or mobile remittance services. Application to the Bank shall include information relevant to demonstrate the reporting institution s ability to comply with the requirements in this policy document. S 8.2 The Board of a reporting institution shall set and ensure the effective implementation of appropriate policies and procedures to address any specific risks associated with the implementation of e-kyc. This shall include, where relevant, the implementation of enhanced monitoring and reporting mechanisms to identify potential money laundering and terrorism financing (ML/TF) activities. S 8.3 A reporting institution must ensure and be able to demonstrate on a continuing basis that appropriate measures for identification and verification of a customer s identity are at least as effective as that for face-to-face customer verifications. S 8.4 In relation to paragraph 8.3, a reporting institution shall take measures including, but not limited to the following, to identify and verify a customer s identity: (a) (b) (c) (d) establish independent contact with the customer; verify a customer s information against independent and credible sources to confirm a customer s identity and identify any known or suspected AML/CFT risks associated with a customer; request additional documents to complement those which are required for face-to-face customer verifications; and clearly define parameters for higher risk customers that are not allowed to transact with the reporting institution through e-kyc.

6 of 7 G 8.5 In identifying and verifying a customer s identity as required in paragraphs 8.4 (a), (b) and (c), a reporting institution may: (a) (b) (c) conduct telephone or video call with the customer before setting up the customer s account or allowing the customer to perform transactions; or communicate with the customer at a verified residential or office address where such communication must be acknowledged by the customer; verify the customer s information against database maintained by relevant authorities including the National Registration Department and Immigration Department of Malaysia; social media platforms with a broad outreach, telecommunication companies, sanctions lists issued by credible domestic or international sources, such as Office of Foreign Assets Control s sanctions lists; or request to sight additional documents such as recent utility bills, student identifications or confirmations of employment. S 8.6 A reporting institution must ensure the systems and technologies developed and used for purpose of establishing business relationships using e-kyc (including identity document verification) have proven capabilities to support processes and procedures required for the AML/CFT compliance programme. S 8.7 A reporting institution shall additionally comply with the following requirements for remittance transactions performed using e-kyc: (a) a remittance transaction shall only be performed by an individual who has a bank account with any licensed bank, licensed Islamic bank or prescribed institution under the Financial Services Act 2013, Islamic Financial Services Act 2013 or Development Financial Institutions Act 2002 respectively; (b) for remittance transactions performed by an individual (including an expatriate), a total transaction limit not exceeding an aggregate amount of thirty thousand ringgit per day shall be observed, unless otherwise approved by the Bank;

7 of 7 (c) for remittance transactions performed by an individual who is a foreign worker, (i) (ii) a total transaction limit not exceeding an aggregate amount of five thousand ringgit per month shall be observed, unless otherwise approved by the Bank; and funds can only be remitted to: the individual s home country; and beneficiaries who must be pre-registered by the individual with the reporting institution when the business relationship is established; and (d) put in place robust and appropriate IT security controls, including tying up a customer s remittance account to only one mobile device. 9. Enforcement S 9.1 The Bank may revoke an approval given under paragraph 8.1 where the Bank is satisfied that the requirements in this policy document have not been adequately met, in addition to enforcement actions provided under AMLA and MSBA.