RBI/2011-12/416
A.P. (DIR Series) Circular No. 87
February 29, 2012
To
All Authorised Persons, who are Indian Agents under Money Transfer Service
Scheme.
Madam/ Sir,
Know Your Customer (KYC) norms / Anti-Money Laundering
(AML) standards / Combating the Financing of Terrorism (CFT) / Obligation of
Authorised Persons under Prevention of Money Laundering Act (PMLA), 2002, as
amended by Prevention of Money Laundering (Amendment) Act, 2009 - Assessment and
Monitoring of Risk - Cross Border Inward Remittance under Money Transfer Service
Scheme
Attention of all the Authorised Persons, who are Indian Agents under Money
Transfer Service Scheme (MTSS) [APs (Indian Agents)] is invited to the
Anti-Money Laundering Guidelines governing money transfer service scheme, issued
vide A.P. (DIR Series) Circular No. 18 [A.P. (FL/RL Series) Circular No. 05]
dated November 27, 2009, as amended from time to time.
2. In terms of paragraph 5.3 (b) and (c) of the aforesaid
circular, APs (Indian Agents) should prepare a profile for each new customer,
where regular cross-border inward remittances are/ expected to be received,
based on risk categorisation and apply enhanced due diligence measures on higher
risk customers. Some illustrative examples of customers requiring higher due
diligence have also been provided in the paragraph under reference. Further,
paragraph 5.8 (a) of the aforesaid circular requires APs (Indian Agents) to put
in place policies, systems and procedures for risk management keeping in view
the risks involved in a transaction.
3. The Government of India had constituted a National Money Laundering /
Financing of Terror Risk Assessment Committee to assess money laundering and
terror financing risks, a national AML/CFT strategy and institutional framework
for AML/CFT in India. Assessment of risk of Money Laundering /Financing of
Terrorism helps both the competent authorities and the regulated entities in
taking necessary steps for combating ML/FT adopting a risk-based approach. This
helps in judicious and efficient allocation of resources and makes the AML/CFT
regime more robust. The Committee has made recommendations regarding adoption of
a risk-based approach, assessment of risk and putting in place a system which
would use that assessment to take steps to effectively counter ML/FT. The
recommendations of the Committee have since been accepted by the Government of
India and need to be implemented.
4. Accordingly, APs (Indian Agents) should take steps to
identify and assess their ML/TF risk for customers, countries and geographical
areas as also for products/ services/ transactions/delivery channels, in
addition to what has been prescribed in the aforesaid circular, referred to in
paragraph 5 of the above-mentioned Circular dated November 27, 2009. APs (Indian
Agents) should have policies, controls and procedures, duly approved by their
boards, in place to effectively manage and mitigate their risk adopting a
risk-based approach as discussed above. As a corollary, APs (Indian Agents)
would be required to adopt enhanced measures for products, services and
customers with a medium or high risk rating.
5. APs (Indian Agents) may design risk parameters according to their
activities for risk based transaction monitoring, which will help them in their
own risk assessment.
6. All the other instructions contained in the A.P. (DIR Series) Circular
No. 18 [A.P. (FL/RL Series) Circular No. 05] dated November 27, 2009, as amended
from time to time, shall remain unchanged.
7. These guidelines would also be applicable mutatis mutandis to
all Sub-agents of the Indian Agents under MTSS and it will be the sole
responsibility of the APs (Indian Agents) to ensure that their Sub-agents also
adhere to these guidelines.
8. Authorised Persons (Indian Agents) should bring the contents of this
circular to the notice of their constituents concerned.
9. The directions contained in this circular have been issued under sections
10(4) and Section 11(1) of the Foreign Exchange Management Act, 1999 (42 of
1999) and also under the Prevention of Money Laundering Act (PMLA), 2002 as
amended by Prevention of Money Laundering (Amendment) Act, 2009 and Prevention
of Money-Laundering (Maintenance of Records of the Nature and Value of
Transactions, the Procedure and Manner of Maintaining and Time for Furnishing
Information and Verification and Maintenance of Records of the Identity of the
Clients of the Banking Companies, Financial Institutions and Intermediaries)
Rules, 2005, as amended from time to time and are without prejudice to
permissions / approvals, if any, required under any other law.
Yours faithfully,
(Meena Hemchandra)
Chief General Manager-in-Charge