MAS Notice 626 PDF (2015, 2022) - Monetary Authority of Singapore

MAS Notice 626 24 April 2015 Last revised on 1 March 2022 (Refer to endnotes for history of amendments) NOTICE TO BANKS MONETARY AUTHORITY OF SINGAPORE ACT 1970 PREVENTION OF MONEY LAUNDERING AND COUNTERING THE FINANCING OF TERRORISM – BANKS 1 INTRODUCTION 1.1 This Notice is issued pursuant to se...

MAS Notice 626 24 April 2015 Last revised on 1 March 2022 (Refer to endnotes for history of amendments) NOTICE TO BANKS MONETARY AUTHORITY OF SINGAPORE ACT 1970 PREVENTION OF MONEY LAUNDERING AND COUNTERING THE FINANCING OF TERRORISM – BANKS 1 INTRODUCTION 1.1 This Notice is issued pursuant to section 27B of the Monetary Authority of Singapore Act 1970 (“MAS Act”) and applies to all banks in Singapore, as defined in section 2 of the Banking Act 1970 (“BA”). [MAS Notice 626 (Amendment) 2022] 1.2 Except for paragraphs 4, 5, 15.6 and 15.7, this Notice shall take effect from 24 May 2015. Paragraphs 4, 5, 15.6 and 15.7 shall take effect from 24 July 2015. MAS Notice 626 dated 2 July 2007 is cancelled with effect from 24 May 2015. 2 DEFINITIONS 2.1 For the purposes of this Notice – “AML/CFT” means anti-money laundering and countering the financing of terrorism; “Authority” means the Monetary Authority of Singapore; “bank” means a bank in Singapore, as defined in section 2 of the BA; “beneficial owner”, in relation to a customer of a bank, means the natural person who ultimately owns or controls the customer or the natural person on whose behalf a transaction is conducted or business relations are established, and includes any person who exercises ultimate effective control over a legal person or legal arrangement; “beneficiary institution” means – 1 (a) in relation to a wire transfer, the financial institution that receives the wire transfer from the ordering institution, directly or through an intermediary institution, and makes the funds available to the wire transfer beneficiary; or (b) in relation to a value transfer, the financial institution that receives the value transfer from the ordering institution, directly or through an intermediary institution, and makes one or more digital tokens available to the value transfer beneficiary; [MAS Notice 626 (Amendment) 2022] “business relations” means – (a) the opening or maintenance of an account by the bank in the name of; or (b) the provision of financial advice by the bank to, a person (whether a natural person, legal person or legal arrangement); “capital markets products” has the meaning as in section 2(1) of SFA; [MAS Notice 626 (Amendment) 2022] “cash” means currency notes and coins (whether of Singapore or of a foreign country or jurisdiction) which are legal tender and circulate as money in the country or jurisdiction of issue; [MAS Notice 626 (Amendment) 2022] “CDD measures” or “customer due diligence measures” means the measures required by paragraph 6; “CDSA” means the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992; [MAS Notice 626 (Amendment) 2022] “connected party” – 1 (a) in relation to a legal person (other than a partnership), means any director or any natural person having executive authority in the legal person; (b) in relation to a legal person that is a partnership, means any partner or manager 1; and In the case of a limited liability partnership or a limited partnership. 2 (c) in relation to a legal arrangement, means any natural person having executive authority in the legal arrangement; “Core Principles” refers to the Core Principles for Effective Banking Supervision issued by the Basel Committee on Banking Supervision, the Objectives and Principles for Securities Regulation issued by the International Organisation of Securities Commissions, or the Insurance Core Principles issued by the International Association of Insurance Supervisors; “cross-border wire transfer” means a wire transfer where the ordering institution and the beneficiary institution are located in different countries or jurisdictions and also refers to any chain of wire transfer in which at least one of the financial institutions involved is located in a different country or jurisdiction; “custodian wallet service” means the service of safekeeping and administration of digital payment tokens or instruments enabling control over digital payment tokens; [MAS Notice 626 (Amendment) 2022] “customer”, in relation to a bank, means a person (whether a natural person, legal person or legal arrangement) (a) with whom the bank establishes or intends to establish business relations; or (b) for whom the bank undertakes or intends to undertake any transaction without an account being opened; “digital CMP token” means a digital representation of a capital markets product which can be transferred, stored or traded electronically; [MAS Notice 626 (Amendment) 2022] “digital payment token” has the same meaning as defined in section 2(1) of the PS Act; [MAS Notice 626 (Amendment) 2022] “digital payment token service” has the same meaning as defined in section 2(1) of the PS Act; [MAS Notice 626 (Amendment) 2022] “digital payment token transfer service” means the service of accepting digital payment token from one digital payment token address or account, whether in Singapore or outside Singapore, as principal or agent, for the purposes of transferring, or arranging for the transfer of, the digital payment token to another digital payment token address or account, whether in Singapore or outside Singapore; 3 [MAS Notice 626 (Amendment) 2022] “digital token” means – (a) a digital payment token; or (b) a digital CMP token; [MAS Notice 626 (Amendment) 2022] “digital token transaction” means – (a) a payment service transaction; or (b) any transaction accepted, processed, or executed by the bank in the course of its business of conducting any regulated activity under the SFA in relation to digital CMP tokens; [MAS Notice 626 (Amendment) 2022] “domestic wire transfer” means a wire transfer where the ordering institution and beneficiary institution are located in the same country or jurisdiction and also refers to any chain of wire transfer that takes place entirely within a country or jurisdiction, even though the system used to transfer the payment message may be located in another country or jurisdiction; [MAS Notice 626 (Amendment) 2022] “FATF” means the Financial Action Task Force; “financial advice” means a financial advisory service as defined in section 2(1) of the Financial Advisers Act 2001 or advising on corporate finance as defined in section 2(1) of the SFA; [MAS Notice 626 (Amendment) 2022] “financial group” means a group that consists of a legal person or legal arrangement exercising control and coordinating functions over the rest of the group for the application of group supervision under the Core Principles, and its branches and subsidiaries that are financial institutions as defined in section 27A(6) of the MAS Act or the equivalent financial institutions outside Singapore; “government entity” means a government of a country or jurisdiction, a ministry within such a government, or an agency specially established by such a government through written law; “legal arrangement” means a trust or other similar arrangement; 4 “legal person” means an entity other than a natural person that can establish a permanent customer relationship with a financial institution or otherwise own property; “officer” means any director or any member of the committee of management of the bank; “ordering institution” means – (a) in relation to a wire transfer, the financial institution that initiates the wire transfer and transfers the funds upon receiving the request for a wire transfer on behalf of the wire transfer originator; or (b) in relation to a value transfer, the financial institution that initiates the value transfer and transfers one or more digital tokens upon receiving the request for a value transfer on behalf of the value transfer originator; [MAS Notice 626 (Amendment) 2022] “partnership” means a partnership, a limited partnership within the meaning of the Limited Partnerships Act 2008 or a limited liability partnership within the meaning of the Limited Liability Partnerships Act 2005; [MAS Notice 626 (Amendment) 2022] “payment service transaction” means any transaction accepted, processed, or executed by the bank in the course of carrying on its business of providing a specified payment service; [MAS Notice 626 (Amendment) 2022] “personal data” has the same meaning as defined in section 2(1) of the Personal Data Protection Act 2012; [MAS Notice 626 (Amendment) 2022] “PS Act” means the Payment Services Act 2019; [MAS Notice 626 (Amendment) 2022] “reasonable measures” means appropriate measures which are commensurate with the level of money laundering or terrorism financing risks; [MAS Notice 626 (Amendment) 2022] “SFA” means the Securities and Futures Act 2001; [MAS Notice 626 (Amendment) 2022] 5 “specified payment service” means any of the following service: (a) a digital payment token service; (b) a digital payment token transfer service; (c) a custodian wallet service; [MAS Notice 626 (Amendment) 2022] “STR” means suspicious transaction report; “STRO” means the Suspicious Transaction Reporting Office, Commercial Affairs Department of the Singapore Police Force; “TSOFA” means the Terrorism (Suppression of Financing) Act 2002; [MAS Notice 626 (Amendment) 2022] “value transfer” refers to any transaction carried out on behalf of a value transfer originator through a financial institution with a view to making one or more digital tokens available to a beneficiary person at a beneficiary institution, irrespective of whether the originator and the beneficiary are the same person; and [MAS Notice 626 (Amendment) 2022] “wire transfer” refers to any transaction carried out on behalf of a wire transfer originator through a financial institution by electronic means with a view to making an amount of funds available to a beneficiary person at a beneficiary institution, irrespective of whether the originator and the beneficiary are the same person. 2.2 A reference to any threshold or value limit expressed in S$ shall include a reference to the equivalent amount expressed in any other currency and in any digital payment token. The equivalent amount in digital payment tokens shall be determined based on the conversion rates prevailing at the time of the bank’s compliance with the relevant threshold or value limit, either as published by the bank in the course of its business or offered by the bank to its customer in relation to the payment service transaction. [MAS Notice 626 (Amendment) 2022] 2.3 The expressions used in this Notice shall, except where defined in this Notice or where the context otherwise requires, have the same meanings as in the BA. 3 UNDERLYING PRINCIPLES 6 3.1 This Notice is based on the following principles, which shall serve as a guide for all banks in the conduct of their operations and business activities: (a) A bank shall exercise due diligence when dealing with customers, natural persons appointed to act on the customer’s behalf, connected parties of the customer and beneficial owners of the customer. (b) A bank shall conduct its business in conformity with high ethical standards, and guard against establishing any business relations or undertaking any transaction, including a digital token transaction, that is or may be connected with, or facilitates or may facilitate money laundering or terrorism financing. (c) A bank shall, to the fullest extent possible, assist and cooperate with the relevant law enforcement authorities in Singapore to prevent money laundering and terrorism financing. [MAS Notice 626 (Amendment) 2022] 4 ASSESSING RISKS AND APPLYING A RISK-BASED APPROACH Risk Assessment 4.1 A bank shall take appropriate steps to identify, assess and understand, its money laundering and terrorism financing risks in relation to – (a) its customers; (b) the countries or jurisdictions its customers are from or in; (c) the countries or jurisdictions the bank has operations in; and (d) the products, services, transactions, including digital token transactions, and delivery channels of the bank. [MAS Notice 626 (Amendment) 2022] 4.2 The appropriate steps referred to in paragraph 4.1 shall include – (a) documenting the bank’s risk assessments; (b) considering all the relevant risk factors before determining the level of overall risk and the appropriate type and extent of mitigation to be applied; (c) keeping the bank’s risk assessments up-to-date; and 7 (d) having appropriate mechanisms to provide its risk assessment information to the Authority. Risk Mitigation 4.3 A bank shall – (a) develop and implement policies, procedures and controls, which are approved by senior management, to enable the bank to effectively manage and mitigate the risks that have been identified by the bank or notified to it by the Authority or other relevant authorities in Singapore; (b) monitor the implementation of those policies, procedures and controls, and enhance them if necessary; (c) perform enhanced measures where higher risks are identified, to effectively manage and mitigate those higher risks; and (d) ensure that the performance of measures or enhanced measures to effectively manage and mitigate the identified risks addresses the risk assessment and guidance from the Authority or other relevant authorities in Singapore. [MAS Notice 626 (Amendment) 2022] 5 NEW PRODUCTS, PRACTICES AND TECHNOLOGIES 5.1 A bank shall identify and assess the money laundering and terrorism financing risks that may arise in relation to ⎯ (a) the development of new products and new business practices, including new delivery mechanisms; and (b) the use of new or developing technologies for both new and existing products. [MAS Notice 626 (Amendment) 2022] 5.2 A bank shall undertake the risk assessments, prior to the launch or use of such products, practices and technologies (to the extent such use is permitted by this Notice) and shall take appropriate measures to manage and mitigate the risks. 5.3 A bank shall, in complying with the requirements of paragraphs 5.1 and 5.2, pay special attention to any (a) new products and new business practices, including new delivery mechanisms; and (b) new or developing technologies, 8 that favour anonymity. 6 CUSTOMER DUE DILIGENCE (“CDD”) Anonymous or Fictious Account 6.1 No bank shall open or maintain an anonymous account or an account in a fictitious name. Where There Are Reasonable Grounds for Suspicion prior to the Establishment of Business Relations or Undertaking any Transaction without opening an Account 6.2 Prior to a bank establishing business relations or undertaking any transaction without opening an account, where the bank has any reasonable grounds to suspect that the assets or funds of a customer are proceeds of drug dealing or criminal conduct as defined in the CDSA, or are property related to the facilitation or carrying out of any terrorism financing offence as defined in the TSOFA, the bank shall – (a) not establish business relations with, or undertake a transaction for, the customer; and (b) file an STR2, and extend a copy to the Authority for information. When CDD is to be Performed 6.3 2 A bank shall perform the measures as required by paragraphs 6, 7 and 8 when (a) the bank establishes business relations with any customer; (b) the bank undertakes any transaction of a value exceeding S$20,000, other than any digital token transaction referred to in paragraph 6.3(c), for any customer who has not otherwise established business relations with the bank; (c) the bank undertakes any digital token transaction for any customer who has not otherwise established business relations with the bank; (d) the bank effects or receives any funds by domestic wire transfer, or by crossborder wire transfer that exceeds S$1,500, for any customer who has not otherwise established business relations with the bank; (e) the bank effects or receives any digital tokens by value transfer, for any customer who has not otherwise established business relations with the bank; (f) there is a suspicion of money laundering or terrorism financing, notwithstanding that the bank would not otherwise be required by this Notice to perform the measures as required by paragraphs 6, 7 and 8; or Please note in particular section 48 of the CDSA on tipping-off. 9 (g) the bank has doubts about the veracity or adequacy of any information previously obtained. [MAS Notice 626 (Amendment) 2022] 6.4 Where a bank suspects that two or more transactions are or may be related, linked or the result of a deliberate restructuring of an otherwise single transaction into smaller transactions in order to evade the measures provided for in this Notice in relation to the circumstances set out in paragraphs 6.3(b) or (d), the bank shall treat the transactions as a single transaction and aggregate their values for the purposes of this Notice. [MAS Notice 626 (Amendment) 2022] (I) Identification of Customer 6.5 A bank shall identify each customer. 6.6 For the purposes of paragraph 6.5, a bank shall obtain at least the following information: (a) full name, including any aliases; (b) unique identification number (such as an identity card number, birth certificate number or passport number, or where the customer is not a natural person, the incorporation number or business registration number); (c) the customer’s – (i) residential address; or (ii) registered or business address, and if different, principal place of business, as may be appropriate; (d) date of birth, establishment, incorporation or registration (as may be appropriate); and (e) nationality, place of incorporation or place of registration (as may be appropriate). 6.7 Where the customer is a legal person or legal arrangement, the bank shall, apart from identifying the customer, also identify the legal form, constitution and powers that regulate and bind the legal person or legal arrangement. 6.8 Where the customer is a legal person or legal arrangement, the bank shall identify the connected parties of the customer, by obtaining at least the following information of each connected party: (a) full name, including any aliases; and 10 (b) 6.8A unique identification number (such as an identity card number, birth certificate number or passport number of the connected party). Where the bank – (a) has assessed that the money laundering and terrorism financing risks in relation to the customer are not high; and (b) is unable to obtain the unique identification number of the connected party after taking reasonable measures, the bank may obtain the date of birth and nationality of the connected party, in lieu of the unique identification number. [MAS Notice 626 (Amendment) 2022] 6.8B The bank shall document the results of the assessment in paragraph 6.8A(a) and all the measures taken under paragraph 6.8A(b). [MAS Notice 626 (Amendment) 2022] (II) Verification of Identity of Customer 6.9 A bank shall verify the identity of the customer using reliable, independent source data, documents or information. Where the customer is a legal person or legal arrangement, a bank shall verify the legal form, proof of existence, constitution and powers that regulate and bind the customer, using reliable, independent source data, documents or information. (III) Identification and Verification of Identity of Natural Person Appointed to Act on a Customer’s Behalf 6.10 Where a customer appoints one or more natural persons to act on the customer’s behalf in establishing business relations with a bank or the customer is not a natural person, the bank shall (a) identify each natural person who acts or is appointed to act on behalf of the customer by obtaining at least the following information of such natural person: (i) full name, including any aliases; (ii) unique identification number (such as an identity card number, birth certificate number or passport number); (iii) residential address; (iv) date of birth; (v) nationality; and 11 (b) verify the identity of each natural person using reliable, independent source data, documents or information. [MAS Notice 626 (Amendment) 2022] 6.11 A bank shall verify the due authority of each natural person appointed to act on behalf of the customer by: (a) obtaining the appropriate documentary evidence authorising the appointment of such natural person by the customer to act on the customer’s behalf; and (b) verifying that such natural person is the person authorised to act on the customer’s behalf, through methods which include obtaining the person’s specimen signature or electronic means of verification. [MAS Notice 626 (Amendment) 2022] 6.11A Where the bank – (a) has assessed that the money laundering and terrorism financing risks of the customer are not high; and (b) is unable to obtain the residential address of the natural person who acts or is appointed to act on behalf of the customer after taking reasonable measures, the bank may obtain the business address of this natural person, in lieu of the residential address. [MAS Notice 626 (Amendment) 2022] 6.11B Where the bank has obtained the business address of the natural person referred to in paragraph 6.11A, the bank shall take reasonable measures to verify the business address using reliable, independent source data, documents or information. [MAS Notice 626 (Amendment) 2022] 6.11C The bank shall document the results of the assessment in paragraph 6.11A(a) and all the measures taken under paragraph 6.11A(b). [MAS Notice 626 (Amendment) 2022] 6.12 Where the customer is a Singapore Government entity, the bank shall only be required to obtain such information as may be required to confirm that the customer is a Singapore Government entity as asserted. (IV) Identification and Verification of Identity of Beneficial Owner 12 6.13 Subject to paragraph 6.16, a bank shall inquire if there exists any beneficial owner in relation to a customer. 6.14 Where there is one or more beneficial owners in relation to a customer, the bank shall identify the beneficial owners and take reasonable measures to verify the identities of the beneficial owners using the relevant information or data obtained from reliable, independent sources. The bank shall (a) (b) for customers that are legal persons (i) identify the natural persons (whether acting alone or together) who ultimately own the legal person; (ii) to the extent that there is doubt under subparagraph (i) as to whether the natural persons who ultimately own the legal person are the beneficial owners or where no natural persons ultimately own the legal person, identify the natural persons (if any) who ultimately control the legal person or have ultimate effective control of the legal person; and (iii) where no natural persons are identified under subparagraphs (i) or (ii), identify the natural persons having executive authority in the legal person, or in equivalent or similar positions; for customers that are legal arrangements (i) for trusts, identify the settlors, the trustees, the protector (if any), the beneficiaries (including every beneficiary that falls within a designated characteristic or class)3, and any natural person exercising ultimate ownership, ultimate control or ultimate effective control over the trust (including through a chain of control or ownership); and (ii) for other types of legal arrangements, identify persons in equivalent or similar positions, as those described under subparagraph (i). [MAS Notice 626 (Amendment) 2022] 6.15 Where the customer is not a natural person, the bank shall understand the nature of the customer’s business and its ownership and control structure. 6.16 A bank shall not be required to inquire if there exists any beneficial owner in relation to a customer that is (a) Deleted with effect from 30 November 2015; In relation to a beneficiary of a trust designated by characteristics or by class, the bank shall obtain sufficient information about the beneficiary to satisfy itself that it will be able to establish the identity of the beneficiary – (a) before making a distribution to that beneficiary; or (b) when that beneficiary intends to exercise vested rights. 3 13 (b) Deleted with effect from 30 November 2015; (c) an entity listed and traded on the Singapore Exchange; (d) an entity listed on a stock exchange outside of Singapore that is subject to – (i) regulatory disclosure requirements; and (ii) requirements relating to adequate transparency in respect of its beneficial owners (imposed through stock exchange rules, law or other enforceable means); (e) a financial institution set out in Appendix 1; (f) a financial institution incorporated or established outside Singapore that is subject to and supervised for compliance with AML/CFT requirements consistent with standards set by the FATF; or (g) an investment vehicle where the managers are financial institutions 4 (i) set out in Appendix 1; or (ii) incorporated or established outside Singapore but are subject to and supervised for compliance with AML/CFT requirements consistent with standards set by the FATF, unless the bank has doubts about the veracity of the CDD information, or suspects that the customer, business relations with, or transaction for the customer, may be connected with money laundering or terrorism financing. [MAS Notice 626 (Amendment) 2015] [MAS Notice 626 (Amendment) 2022] 6.17 For the purposes of paragraphs 6.16(f) and 6.16(g)(ii), a bank shall document the basis for its determination that the requirements in those paragraphs have been duly met. (IVA) Identification of Beneficiary 6.17A Paragraphs 6.17B and 6.17C shall apply where a bank distributes life policies on behalf of a direct life insurer licensed under section 8 of the Insurance Act 1966. [MAS Notice 626 (Amendment) 2022] For the avoidance of doubt, the bank shall be required to inquire if there exists any beneficial owners in relation to a customer that is an investment vehicle to which it provides the regulated activity of fund management as the primary manager, except where the interests in the investment vehicle are distributed by a financial institution as described in paragraphs 6.16(e) or 6.16(f). [MAS Notice 626 (Amendment) 2022] 4 14 6.17B A bank shall, as soon as a beneficiary of a life policy is identified to the bank as a specifically named natural person, legal person or legal arrangement, obtain the full name, including any aliases, of such beneficiary. 6.17C A bank shall, as soon as a beneficiary of a life policy is designated by characteristics, class or other means and is known to the bank, obtain sufficient information concerning the beneficiary to satisfy the direct life insurer that such direct life insurer will be able to establish the identity of the beneficiary at the time of payout. [MAS Notice 626 (Amendment) 2015] (V) Information on the Purpose and Intended Nature of Business Relations and Transaction Undertaken without an Account Being Opened 6.18 A bank shall, when processing the application to establish business relations, or undertaking a transaction without an account being opened, understand and as appropriate, obtain from the customer information as to the purpose and intended nature of business relations. [MAS Notice 626 (Amendment) 2022] (VI) Ongoing Monitoring 6.19 A bank shall monitor on an ongoing basis, its business relations with customers. 6.20 A bank shall, during the course of business relations with a customer, observe the conduct of the customer’s account and scrutinise transactions undertaken throughout the course of business relations, to ensure that the transactions are consistent with the bank’s knowledge of the customer, its business and risk profile and where appropriate, the source of funds. 6.20A A bank shall perform enhanced risk mitigation measures where the transaction involves a transfer of a digital token to or a receipt of a digital token from an entity other than: (a) a financial institution as defined in section 27A(6) of the MAS Act; or (b) a financial institution incorporated or established outside Singapore that is subject to and supervised for compliance with AML/CFT requirements consistent with standards set by the FATF. [MAS Notice 626 (Amendment) 2022] 6.21 A bank shall pay special attention to all complex, unusually large or unusual patterns of transactions, undertaken throughout the course of business relations, that have no apparent or visible economic or lawful purpose. 6.22 For the purposes of ongoing monitoring, a bank shall put in place and implement adequate systems and processes, commensurate with the size and complexity of the bank, to – 15 (a) monitor its business relations with customers; and (b) detect and report suspicious, complex, unusually large or unusual patterns of transactions. 6.23 A bank shall, to the extent possible, inquire into the background and purpose of the transactions in paragraph 6.21 and document its findings with a view to making this information available to the relevant authorities should the need arise. 6.24 A bank shall ensure that the CDD data, documents and information obtained in respect of customers, natural persons appointed to act on behalf of the customers, connected parties of the customers and beneficial owners of the customers, are relevant and kept up-to-date by undertaking reviews of existing CDD data, documents and information, particularly for higher risk categories of customers. 6.25 Where there are any reasonable grounds for suspicion that existing business relations with a customer are connected with money laundering or terrorism financing, and where the bank considers it appropriate to retain the customer - 6.26 (a) the bank shall substantiate and document the reasons for retaining the customer; and (b) the customer’s business relations with the bank shall be subject to commensurate risk mitigation measures, including enhanced ongoing monitoring. Where the bank assesses the customer or the business relations with the customer referred to in paragraph 6.25 to be of higher risk, the bank shall perform enhanced CDD measures, which shall include obtaining the approval of the bank’s senior management to retain the customer. CDD Measures for Non-Face-to-Face Business Relations 6.27 A bank shall develop policies and procedures to address any specific risks associated with non-face-to-face business relations with a customer or transactions for a customer. 6.28 A bank shall implement the policies and procedures referred to in paragraph 6.27 when establishing business relations with a customer and when conducting ongoing due diligence. 6.29 Where there is no face-to-face contact, the bank shall perform CDD measures that are at least as robust as those that would be required to be performed if there was face-to-face contact. [MAS Notice 626 (Amendment) 2022] Reliance by Acquiring Bank on Measures Already Performed 6.30 When a bank (“acquiring bank”) acquires, either in whole or in part, the business of another financial institution (whether in Singapore or elsewhere), the acquiring bank shall 16 perform the measures as required by paragraphs 6, 7 and 8, on the customers acquired with the business at the time of acquisition except where the acquiring bank has – (a) acquired at the same time all corresponding customer records (including CDD information) and has no doubt or concerns about the veracity or adequacy of the information so acquired; and (b) conducted due diligence enquiries that have not raised any doubt on the part of the acquiring bank as to the adequacy of AML/CFT measures previously adopted in relation to the business or part thereof now acquired by the acquiring bank and document such enquiries. CDD Measures for Non-Account Holder 6.31 A bank that undertakes any transaction of a value exceeding S$20,000, other than any digital token transaction referred to in paragraph 6.31A, or effects or receives any funds by domestic wire transfer, or by cross-border wire transfer that exceeds S$1,500, for any customer who does not otherwise have business relations with the bank shall – (a) perform CDD measures as if the customer had applied to the bank to establish business relations; and (b) record adequate details of the transaction so as to permit the reconstruction of the transaction, including the nature and date of the transaction, the type and amount of currency involved, the value date, and the details of the payee or beneficiary. [MAS Notice 626 (Amendment) 2022] 6.31A A bank that undertakes any digital token transaction, or effects or receives any digital token by value transfer, for any customer who does not otherwise have business relations with the bank shall – (a) perform CDD measures as if the customer had applied to the bank to establish business relations; and (b) record adequate details of the digital token transaction so as to permit the reconstruction of the transaction, including the nature and date of the transaction, the type and amount of currency, the type and value of digital token(s) involved, the value date, and the details of the payee or beneficiary. [MAS Notice 626 (Amendment) 2022] Timing for Verification 6.32 Subject to paragraphs 6.33 and 6.34, a bank shall complete verification of the identity of a customer as required by paragraph 6.9, natural persons appointed to act on behalf of the customer as required by paragraph 6.10(b) and beneficial owners of the customer as required by paragraph 6.14 17 (a) before the bank establishes business relations with the customer; (b) before the bank undertakes any transaction of a value exceeding S$20,000 for the customer, other than any digital token transaction referred to in paragraph 6.32(d), where the customer has not otherwise established business relations with the bank; (c) before the bank effects or receives any funds by domestic wire transfer, or by cross-border wire transfer that exceeds S$1,500, for any customer who has not otherwise established business relations with the bank; (d) before the bank undertakes any digital token transaction, where the customer has not otherwise established business relations with the bank; or (e) before the bank effects or receives any digital token by value transfer, for any customer who has not otherwise established business relations with the bank. [MAS Notice 626 (Amendment) 2022] 6.33 6.34 A bank may establish business relations with a customer before completing the verification of the identity of the customer as required by paragraph 6.9, natural persons appointed to act on behalf of the customer as required by paragraph 6.10(b) and beneficial owners of the customer as required by paragraph 6.14 if – (a) the deferral of completion of the verification is essential in order not to interrupt the normal conduct of business operations; and (b) the risks of money laundering and terrorism financing can be effectively managed by the bank. Where the bank establishes business relations with a customer before verifying the identity of the customer as required by paragraph 6.9, natural persons appointed to act on behalf of the customer as required by paragraph 6.10(b), and beneficial owners of the customer as required by paragraph 6.14, the bank shall (a) develop and implement internal risk management policies and procedures concerning the conditions under which such business relations may be established prior to verification; and (b) complete such verification as soon as is reasonably practicable. Where Measures are Not Completed 6.35 Where the bank is unable to complete the measures as required by paragraphs 6, 7 and 8, it shall not commence or continue business relations with any customer or undertake any transaction for any customer. The bank shall consider if the circumstances are suspicious so as to warrant the filing of an STR. 18 6.36 For the purposes of paragraph 6.35, completion of the measures means the situation where the bank has obtained, screened and verified (including by delayed verification as allowed under paragraphs 6.33 and 6.34) all necessary CDD information required under paragraphs 6, 7 and 8, and where the bank has received satisfactory responses to all inquiries in relation to such necessary CDD information. [MAS Notice 626 (Amendment) 2022] Joint Account 6.37 In the case of a joint account, a bank shall perform CDD measures on all of the joint account holders as if each of them were individual customers of the bank. [MAS Notice 626 (Amendment) 2022] Existing Customers 6.38 A bank shall perform the measures as required by paragraphs 6, 7 and 8 in relation to its existing customers, based on its own assessment of materiality and risk, taking into account any previous measures applied, the time when the measures were last applied to such existing customers and the adequacy of data, documents or information obtained. Screening 6.39 A bank shall screen a customer, natural persons appointed to act on behalf of the customer, connected parties of the customer and beneficial owners of the customer against relevant money laundering and terrorism financing information sources, as well as lists and information provided by the Authority or other relevant authorities in Singapore for the purposes of determining if there are any money laundering or terrorism financing risks in relation to the customer. 6.40 A bank shall screen the persons referred to in paragraph 6.39 (a) when, or as soon as reasonably practicable after, the bank establishes business relations with a customer; (b) when the bank undertakes any transaction of a value exceeding S$20,000, other than any digital token transaction referred to in paragraph 6.40(f), for a customer who has not otherwise established business relations with the bank; (c) when the bank effects or receives any funds by domestic wire transfer, or by cross-border wire transfer that exceeds S$1,500, for a customer who has not otherwise established business relations with the bank; (d) on a periodic basis after the bank establishes business relations with the customer; (e) when there are any changes or updates to - 19 (i) the lists and information provided by the Authority or other relevant authorities in Singapore to the bank; or (ii) the natural persons appointed to act on behalf of a customer, connected parties of a customer or beneficial owners of a customer, (f) when the bank undertakes any digital token transaction for a customer who has not otherwise established business relations with the bank; and (g) when the bank effects or receives any digital token by value transfer, for a customer who has not otherwise established business relations with the bank. [MAS Notice 626 (Amendment) 2022] 6.41 A bank shall screen all wire transfer originators and wire transfer beneficiaries as defined in paragraph 11, against lists and information provided by the Authority or any other relevant authorities in Singapore for the purposes of determining if there are any money laundering or terrorism financing risks in relation to any such persons. [MAS Notice 626 (Amendment) 2022] 6.41A A bank shall screen all value transfer originators and value transfer beneficiaries as defined in paragraph 11A, against lists and information provided by the Authority and any other relevant authorities in Singapore for the purposes of determining if there are any money laundering or terrorism financing risks in relation to any such persons. [MAS Notice 626 (Amendment) 2022] 6.42 The results of screening and assessment by the bank shall be documented. 6.43 For the purposes of paragraph 6, a reference to “transaction” shall include a digital token transaction. [MAS Notice 626 (Amendment) 2022] 7 SIMPLIFIED CUSTOMER DUE DILIGENCE 7.1 Subject to paragraph 7.4, a bank may perform simplified CDD measures in relation to a customer, any natural person appointed to act on behalf of the customer and any beneficial owner of the customer (other than any beneficial owner that the bank is exempted from making inquiries about under paragraph 6.16) if it is satisfied that the risks of money laundering and terrorism financing are low. [MAS Notice 626 (Amendment) 2015] 7.2 The assessment of low risks shall be supported by an adequate analysis of risks by the bank. 20 7.3 The simplified CDD measures shall be commensurate with the level of risk, based on the risk factors identified by the bank. 7.4 A bank shall not perform simplified CDD measures (a) where a customer or any beneficial owner of the customer is from or in a country or jurisdiction in relation to which the FATF has called for countermeasures; (b) where a customer or any beneficial owner of the customer is from or in a country or jurisdiction known to have inadequate AML/CFT measures, as determined by the bank for itself, or notified to banks generally by the Authority, or other foreign regulatory authorities; or (c) where the bank suspects that money laundering or terrorism financing is involved. [MAS Notice 626 (Amendment) 2022] 7.5 Subject to paragraphs 7.2, 7.3 and 7.4, a bank may perform simplified CDD measures in relation to a customer that is a financial institution set out in Appendix 2. 7.6 Where the bank performs simplified CDD measures in relation to a customer, any natural person appointed to act on behalf of the customer and any beneficial owner of the customer, it shall document - 7.7 (a) the details of its risk assessment; and (b) the nature of the simplified CDD measures. For avoidance of doubt, the term “CDD measures” in paragraph 7 means the measures required by paragraph 6. [MAS Notice 626 (Amendment) 2015] 8 ENHANCED CUSTOMER DUE DILIGENCE Politically Exposed Persons 8.1 For the purposes of paragraph 8 “close associate” means a natural person who is closely connected to a politically exposed person, either socially or professionally; “domestic politically exposed person” means a natural person who is or has been entrusted domestically with prominent public functions; “family member” means a parent, step-parent, child, step-child, adopted child, spouse, sibling, step-sibling and adopted sibling of the politically exposed person; 21 “foreign politically exposed person” means a natural person who is or has been entrusted with prominent public functions in a foreign country or jurisdiction; [MAS Notice 626 (Amendment) 2022] “international organisation” means an entity established by formal political agreements between member countries or jurisdictions that have the status of international treaties, whose existence is recognised by law in member countries or jurisdictions and which is not treated as a resident institutional unit of the country or jurisdiction in which it is located; [MAS Notice 626 (Amendment) 2022] “international organisation politically exposed person” means a natural person who is or has been entrusted with prominent public functions in an international organisation; “politically exposed person” means a domestic politically exposed person, foreign politically exposed person or international organisation politically exposed person; and “prominent public functions” includes the roles held by a head of state, a head of government, government ministers, senior civil or public servants, senior judicial or military officials, senior executives of state owned corporations, senior political party officials, members of the legislature and senior management of international organisations. 8.2 A bank shall implement appropriate internal risk management systems, policies, procedures and controls to determine if a customer, any natural person appointed to act on behalf of the customer, any connected party of the customer or any beneficial owner of the customer is a politically exposed person, or a family member or close associate of a politically exposed person. 8.3 A bank shall, in addition to performing CDD measures (specified in paragraph 6), perform at least the following enhanced CDD measures where a customer or any beneficial owner of the customer is determined by the bank to be a politically exposed person, or a family member or close associate of a politically exposed person under paragraph 8.2: (a) obtain approval from the bank’s senior management to establish or continue business relations with, or undertake any transaction without an account being opened for the customer; (b) establish, by appropriate and reasonable means, the source of wealth and source of funds of the customer and any beneficial owner of the customer; and (c) conduct, during the course of business relations with the customer, enhanced monitoring of business relations with the customer. In particular, the bank shall increase the degree and nature of monitoring of the business relations with and transactions for the customer, in order to determine whether they appear unusual or suspicious. [MAS Notice 626 (Amendment) 2022] 22 8.4 A bank may adopt a risk-based approach in determining whether to perform enhanced CDD measures or the extent of enhanced CDD measures to be performed for (a) domestic politically exposed persons, their family members and close associates; (b) international organisation politically exposed persons, their family members and close associates; or (c) politically exposed persons who have stepped down from their prominent public functions, taking into consideration the level of influence such persons may continue to exercise after stepping down from their prominent public functions, their family members and close associates, except in cases where their business relations or transactions with the bank present a higher risk for money laundering or terrorism financing. Other Higher Risk Categories 8.5 A bank shall implement appropriate internal risk management systems, policies, procedures and controls to determine if business relations with or transactions for any customer present a higher risk for money laundering or terrorism financing. 8.6 For the purposes of paragraph 8.5, circumstances where a customer presents or may present a higher risk for money laundering or terrorism financing include but are not limited to the following: (a) where a customer or any beneficial owner of the customer is from or in a country or jurisdiction in relation to which the FATF has called for countermeasures, the bank shall treat any business relations with or transactions for any such customer as presenting a higher risk for money laundering or terrorism financing; (b) where a customer or any beneficial owner of the customer is from or in a country or jurisdiction known to have inadequate AML/CFT measures, as determined by the bank for itself, or notified to banks generally by the Authority or other foreign regulatory authorities, the bank shall assess whether any such customer presents a higher risk for money laundering or terrorism financing; and (c) where a customer is a legal person for which the bank is not able to establish if it has any – (i) ongoing, apparent or visible operation or business activity; (ii) economic or business purpose for its corporate structure or arrangement; or (iii) substantive financial activity in its interactions with the bank, the bank shall assess whether any such customer presents a higher risk for money laundering or terrorism financing. 23 [MAS Notice 626 (Amendment) 2015] [MAS Notice 626 (Amendment) 2022] 8.7 A bank shall perform the appropriate enhanced CDD measures in paragraph 8.3 for business relations with or transactions for any customer (a) who the bank determines under paragraph 8.5; or (b) the Authority or other relevant authorities in Singapore notify to the bank, as presenting a higher risk for money laundering or terrorism financing. 8.8 A bank shall, in taking enhanced CDD measures to manage and mitigate any higher risks that have been identified by the bank, or notified to it by the Authority or other relevant authorities in Singapore, ensure that the enhanced CDD measures take into account the requirements of any laws, regulations or directions administered by the Authority, including but not limited to the regulations or directions issued by the Authority under section 27A of the MAS Act. [MAS Notice 626 (Amendment) 2022] 8.9 For the purposes of paragraph 8, a reference to “transaction” shall include a digital token transaction. [MAS Notice 626 (Amendment) 2022] 9 RELIANCE ON THIRD PARTIES 9.1 For the purposes of paragraph 9, “third party” means (a) a financial institution set out in Appendix 2; (b) a financial institution which is subject to and supervised by a foreign authority for compliance with AML/CFT requirements consistent with standards set by the FATF (other than a holder of a payment services licence under the PS Act, or equivalent licences); (c) in relation to a bank incorporated in Singapore, its branches, subsidiaries, parent entity, the branches and subsidiaries of the parent entity, and other related corporations; or (d) in relation to a bank incorporated outside Singapore, its head office, its parent entity, the branches and subsidiaries of the head office, the branches and subsidiaries of the parent entity, and other related corporations. [MAS Notice 626 (Amendment) 2022] 24 9.2 Subject to paragraph 9.3, a bank may rely on a third party to perform the measures as required by paragraphs 6, 7 and 8 if the following requirements are met: (a) the bank is satisfied that the third party it intends to rely upon is subject to and supervised for compliance with AML/CFT requirements consistent with standards set by the FATF, and has adequate AML/CFT measures in place to comply with those requirements; (b) the bank takes appropriate steps to identify, assess and understand the money laundering and terrorism financing risks particular to the countries or jurisdictions that the third party operates in; (c) the third party is not one which banks have been specifically precluded by the Authority from relying upon; and (d) the third party is able and willing to provide, without delay, upon the bank’s request, any data, documents or information obtained by the third party with respect to the measures applied on the bank’s customer, which the bank would be required or would want to obtain. 9.3 No bank shall rely on a third party to conduct ongoing monitoring of business relations with customers. 9.4 Where a bank relies on a third party to perform the measures as required by paragraphs 6, 7 and 8, it shall (a) document the basis for its satisfaction that the requirements in paragraphs 9.2(a) and (b) have been met, except where the third party is a financial institution set out in Appendix 2; and (b) immediately obtain from the third party the CDD information which the third party had obtained. [MAS Notice 626 (Amendment) 2022] 9.5 For the avoidance of doubt, notwithstanding the reliance upon a third party, the bank shall remain responsible for its AML/CFT obligations in this Notice. 10 CORRESPONDENT BANKING 10.1 Paragraph 10 applies to a bank when it provides correspondent banking or other similar services in Singapore to a bank or financial institution that is operating outside Singapore. 10.2 For the purposes of paragraph 10 “correspondent bank” means a bank in Singapore that provides or intends to provide correspondent banking or other similar services; 25 “correspondent banking” means the provision of banking services by a correspondent bank to a respondent bank; “payable-through account” means an account maintained at the correspondent bank by the respondent bank but which is accessible directly by a third party to effect transactions on its own behalf; “respondent financial institution” means a bank or financial institution, outside Singapore to which correspondent banking or other similar services are provided; “shell financial institution” means a bank or financial institution incorporated, formed or established in a country or jurisdiction where the bank or financial institution has no physical presence, and which is unaffiliated with a financial group that is subject to effective consolidated supervision; and “similar services” include services undertaken for securities transactions, funds transfers or digital token transactions, for the financial institution that is operating outside Singapore, whether as principal or for its customers. [MAS Notice 626 (Amendment) 2022] 10.3 A bank in Singapore shall perform the following measures, in addition to the measures as required by paragraphs 6, 7 and 8, when providing correspondent banking or other similar services: (a) assess the suitability of the respondent financial institution by taking the following steps: (i) gather adequate information about the respondent financial institution to understand fully the nature of the respondent financial institution’s business, including making appropriate inquiries on its management, its major business activities and the countries or jurisdictions in which it operates; (ii) determine from any available sources the reputation of the respondent financial institution and the quality of supervision over the respondent financial institution, including whether it has been the subject of money laundering or terrorism financing investigation or regulatory action; and (iii) assess the respondent financial institution’s AML/CFT controls and ascertain that they are adequate and effective, having regard to the AML/CFT measures of the country or jurisdiction in which the respondent financial institution operates; (b) clearly understand and document the respective AML/CFT responsibilities of each financial institution; and (c) obtain approval from the bank’s senior management before providing correspondent banking or similar services to a new financial institution. 26 [MAS Notice 626 (Amendment) 2015] 10.4 Where the correspondent banking or other similar services involve a payable-through account, the correspondent bank shall be satisfied that (a) the respondent financial institution has performed appropriate measures at least equivalent to those specified in paragraph 6 on the third party having direct access to the payable-through account; and (b) the respondent financial institution is able to perform ongoing monitoring of its business relations with that third party and is willing and able to provide CDD information to the correspondent bank upon request. 10.5 The correspondent bank shall document the basis for its satisfaction that the requirements in paragraphs 10.3 and 10.4 are met. 10.6 No bank shall enter into or continue correspondent banking or other similar services relationship with another bank or financial institution that does not have adequate controls against money laundering or terrorism financing activities, is not effectively supervised by the relevant authorities or is a shell financial institution. 10.7 A bank shall also take appropriate measures when establishing correspondent banking or other similar services relationship, to satisfy itself that its respondent financial institutions do not permit their accounts to be used by shell financial institutions. 11 WIRE TRANSFERS 11.1 Paragraph 11 shall apply to a bank when it effects the sending of funds by wire transfer or when it receives funds (including serial payments and cover payments) by wire transfer on the account of the wire transfer originator or the wire transfer beneficiary but shall not apply to a transfer and settlement between the bank and another financial institution where the bank and the other financial institution are acting on their own behalf as the wire transfer originator and the wire transfer beneficiary. 11.2 For the purposes of paragraph 11 “batch transfer” means a transfer comprising a number of individual wire transfers that are sent by a wire transfer originator to the same financial institutions, irrespective of whether the individual wire transfers are intended ultimately for one or more wire transfer beneficiaries; “cover payment” means a wire transfer that combines a payment message sent directly by the ordering institution to the beneficiary institution with the routing of the funding instruction from the ordering institution to the beneficiary institution through one or more intermediary institutions; 27 “intermediary institution” means the financial institution in a serial payment or cover payment chain that receives and transmits a wire transfer on behalf of the ordering institution and the beneficiary institution, or another intermediary institution; “serial payment” means a direct sequential chain of payment where the wire transfer and accompanying payment message travel together from the ordering institution to the beneficiary institution, directly or through one or more intermediary institutions; “straight-through processing” means payment transactions that are conducted electronically without the need for manual intervention; “unique transaction reference number” means a combination of letters, numbers or symbols, determined by the payment service provider in accordance with the protocols of the payment and settlement system or messaging system used for the wire transfer, and which permits the traceability of the wire transfer; “wire transfer beneficiary” means the natural person, legal person or legal arrangement who is identified by the wire transfer originator as the receiver of the wire transfer funds; and “wire transfer originator” means the account holder who allows the wire transfer from that account, or where there is no account, the natural person, legal person or legal arrangement that places the wire transfer order with the ordering institution to perform the wire transfer. Responsibility of the Ordering Institution (I) Identification and Recording of Information 11.3 Before effecting a wire transfer, every bank that is an ordering institution shall (a) identify the wire transfer originator and verify the wire transfer originator’s identity, as the case may be (if the bank has not already done so by virtue of paragraph 6); and (b) record adequate details of the wire transfer so as to permit its reconstruction, including but not limited to, the date of the wire transfer, the type and amount of currency transferred and the value date. [MAS Notice 626 (Amendment) 2022] (II) Cross-Border Wire Transfers Below or Equal To S$1,500 11.4 In a cross-border wire transfer where the amount to be transferred is below or equal to S$1,500, every bank which is an ordering institution shall include in the message or payment instruction that accompanies or relates to the wire transfer the following: (a) the name of the wire transfer originator; 28 (b) the wire transfer originator’s account number (or unique transaction reference number where no account number exists); (c) the name of the wire transfer beneficiary; and (d) the wire transfer beneficiary’s account number (or unique transaction reference number where no account number exists). (III) Cross-border Wire Transfers Exceeding S$1,500 11.5 In a cross-border wire transfer where the amount to be transferred exceeds S$1,500, every bank which is an ordering institution shall include in the message or payment instruction that accompanies or relates to the wire transfer the information required by paragraphs 11.4(a) to 11.4(d) and any of the following: (a) the wire transfer originator’s (i) re