2. PART II.

3. AGENDA- PART II (chapter 5)
Identification and client due diligence procedures
Reliance on third parties
Identification of individuals
Identification of individuals not resident in Cyprus
Identification of companies and other organisations
Trusts
PEPS

4. Identification and client due diligence procedures.
The auditor, external accountant, tax advisor or trust and company service provider will need to obtain a good working knowledge of a client’s business and financial background as well as information on the purpose and intended nature of the business relationship in order to provide an effective service (5.02)

5. Identification and client due diligence procedures .
(continued)
The verification of identity of clients should be carried out regardless of the risk-based approach and copies of evidence retained.
The extent of client due diligence can however depend on the client’s risk assessment.
(4.24)

6. Identification and client due diligence procedures .
(continued)
It is for each firm to decide what document(s) a prospective client should be required to produce as evidence of identity . A copy of such document(s) should be made and retained. Where this is not possible, the relevant details should be recorded on the prospective client’s file.
An on-going client due diligence on the client business should be done including scrutiny of transactions undertaken throughout the course of the relationship to ensure that the transactions being conducted are consistent with the firm’s knowledge of the client their business and risk profile, and where necessary the source of funds.
Records kept must be reviewed and updated.
(5.09)

7. Identification and client due diligence procedures .
(continued)
Identification and client due diligence (CDD) should be carried out in the following cases:
When establishing a business relationship
For transactions amounting to €15K or more – beware of “smurfing” – transactions deliberately broken into small amounts not exceeding €15K
Where there is a suspicion of money laundering
Where there is doubt about the validity or adequacy of documents collected in the past in respect of excising clients.
( 5.16)

8. Identification and client due diligence procedures .
(continued)
Enhanced due diligence, when the client has not been physically seen should include:
Verifying the documents supplied or have them certified, or obtain confirmation certification from a credit or financial institution covered by the EU Directive.
Ensuring that the first payment of the operations is carried out through an account opened in the client’s name with a credit institution operating in a country within the EEA.
( 5.18)

9. Identification and client due diligence procedures .
(continued)
According to Section 61(1) of the Law, client due diligence measures shall comprise:
Identifying the client and verifying the client’s identity on the basis of documents, data or information obtained from a reliable and independence source.
Identifying where applicable, the beneficial owner and taking risk based and adequate measures to verify his/her identity on the basis of documents, data or information issued by or received from a reliable and independent source.
Obtaining information on the purpose and intended nature of the business relationship.
Conducting ongoing monitoring of the business relationship including scrutiny of transactions undertaken
(5.17)

10. Identification and client due diligence procedures .
(continued)
Sufficient information should be gathered about the client to allow for effective on-going due diligence including understanding of:
Who the client is
Who owns the client (including ultimate beneficial owners)
Who controls the client
The purpose and intended nature of business relationship between the firm and the client
The nature of client
The client source of funds
The economic rationale behind the client’s business and transactions
Essential to establish whether the funds provided by the beneficial owners for the business are legitimate
(4.19)

11. Reliance on third parties .
Reliance for client identification and due diligence purposes may only be placed on a credit institution, a financial institution, an auditor…… from a country which is a member of the European Economic Area or a third country that the Advisory Authority has determined to be applying procedures and measures for the prevention of money laundering and terrorist financing equivalent to the EU Directive. (5.28)
The firm must verify that the third party is subject to professional registration, as well as supervision, for AML compliance. (5.28)
Reliance on a third party should be only at the outset when establishing a business relationship with the client and additional data for updating the economic profile and understanding of transactions should be obtained from the client. (5.31)

12. Reliance on third parties. (continued)
The firm should obtain immediately from the third party all relevant information and documentation in order that they may satisfy themselves that the information is sufficient.
A third party consenting to be relied upon must make available to the person relying on it as soon as its reasonably practicable:
Any information obtained from the client
Copies of any identification and verification data and other documents on the identity of the client (and any beneficial owner).
(5.29)

13. Reliance on third parties. (continued)
Before accepting the client identification data verified by the third party the firm should:
Assess and evaluate the systems and procedures applied by the third party for the prevention of money laundering and terrorist financing
Satisfy itself that the third party’s client identification and due diligence systems and procedures are in line with the Law and the Directive
Maintain a separate file for every such third party to store its assessment report on the systems and procedures of the third party and other relevant information
Ensure that the third party will provide the required information
Obtain approval from the MLCO before commencement of cooperation with the third party.
(5.30)

14. Reliance on third parties. (continued)
Where the client is introduced by one of the firm’s overseas branch offices or associated firms (group), the firm could obtain the introducer’s written confirmation that it has verified the client’s identity and that relevant information data is retained by the overseas office branch or firm, provided that the group applies common client due diligence and record-keeping procedures and measures against money laundering and terrorist financing and the effective application of such measures as and procedures is supervised at group level by a competent authority.
(5.32)

15. Identification of individuals.
The identity of an individual comprises his/her name and other names used, the signature, the date of birth, the address of which the person can be located and his/her profession or occupation. An official document bearing the person’s photograph should also be obtained
(5.37)
In addition it is important that the current permanent address is verified:
A face to face home visit to the applicant for business
Making a credit reference agency search.
Recent utility bill, tax bill , bank statement.
Checking the telephone directory.
(5.38)

16. Identification of individuals not resident in Cyprus.
In addition to obtaining a passport or national identity card, the firm should confirm the identity and permanent address with a reputable financial institution or professional adviser in the prospective client’s home country or normal country of residence.
(5.41)

17. Identification of individuals not resident in Cyprus.
(continued)
Enhanced due diligence procedures in the case of prospective clients who are individuals not resident in Cyprus and who are not seen face to face:
Use a branch office, associated firm or reliable professional adviser in the prospective client’s home country.
Where the firm has no such relationship, a copy of the passport authenticated by an attorney or consulate
Verification details covering true name or names used, current permanent address and verification of signature could also be checked with a reputable credit or financial institution or professional advisor.
(5.43)

18. Identification of companies and other types of entities.
Obtain understanding of the ownership and control structure, and identify the beneficial owners of the clients. (5.45)
Ensure that the clients exists for legitimate trading or economic purpose and the controlling principals can be identified. (5.44)
If the client is a company, undertake a company search and make commercial enquiries to ensure the company has not been dissolved, struck-off, wound up or terminated. (5.46)
Undertake on-going “know your client” procedures if there are changes to a client’s structure, ownership and transactions including ascertaining the reason for the changes. (5.47)
For an unquoted company, an unincorporated business or partnership, the firm should identify the principal directors/partners and beneficial shareholders in line with the requirements for individuals. (5.52)

19. Identification of companies and other types of entities.
(continued)
Simplified client identification procedures and client due diligence measures may be applied in the case of the following clients:
Credit institution or financial organisation which operates in EEA
Credit institution or financial organisaiton which operates outside EEA which (a) imposes requirement equivalent to those of the EU Directive. (b) it is under the supervision for compliance with the requirements.
(5.48)

20. Identification of companies and other types of entities. (continued)
Where simplified procedures are allowed by the Law, firms may choose not to verify the identity of the client or where applicable the beneficial owner nor obtain information on the purpose and intended nature of the business relationship or to carry out client due diligence after the establishment of the business relationship (5.50)
The firms are still obliged to carry out continuous monitoring of business relationships for these clients and report to MOKAS any suspicious transactions or attempts to carry out suspicious transactions (5.51)

21. Identification of companies and other types of entities. (continued)
In addition, the following documents should normally be obtained for an unquoted company, an unincorporated business or partnership:
For established businesses, a copy of the latest annual report and accounts (audited where applicable)
A copy of the certificate of incorporation, certificate of trade or equivalent, and
A copy of the company’s Memorandum and Articles of Association and other certificates issued by the Registrar of Companies.
(5.52)

22. Identification of companies and other types of entities. (continued)
Trusts
When acting for trustees or nominees - identity of all major parties should be verified – trustees/nominees, the settlor and beneficiaries.
Apply enhanced due-diligence where the trust accounts are set-up in countries with strict bank secrecy or confidentiality rules
Apply enhanced due-diligence where the trusts are created in countries without equivalent money laundering or terrorist financing legislation and enforcement
Ensure that source of any receipt is clearly identified, nature of transaction is clearly understood, payments are in accordance with the trust terms and are authorized in writing by the trustees
Occupational pension schemes – Identity of the employers and trustees need only be verified. No need to verify identity of the beneficiaries unless advice given to them individually
(5.54)

23. Identification of companies and other types of entities. (continued)
Politically Exposed Persons (PEPs)
Appropriate risk based procedures to determine whether a potential client, a client or the beneficial owner is a PEP.
(5.60)
The firm should have senior management approval
The firm should take adequate measures to establish the source of wealth and source of funds of clients and beneficial owners identified as PEPs.
It should also conduct enhanced on-going monitoring of the business relationship
(5.61)

24. THANK YOU