Know your Customer Guidelines

Know your Customer Guidelines : 

Know your Customer Guidelines By Lipsa Raval Faculty Member, N. I. C. M.

What are the Risks in Banking Sector today? : 

Types of risk in bank Credit risk Market risk Interest Rate risk Liquidity risk Investment risk Operational risk Technology risk Legal risk Reputation risk What are the Risks in Banking Sector today?

Criminal Activities : 

Kidnapping Drug Trafficking Bribery/corruption Tax Evasion Serious crime or All crimes White collar crimes (including insides trading and securities offences)/ Pink collar crimes Robbery and Fraud Gambling Organized crime Extortion Prostitution Smuggling (arms, people, goods) Criminal Activities

What are the key stages of the Money Laundering Cycle? : 

Placement of criminal proceeds into the financial system Layering of transactions to confuse the audit trail and distance the original source of funds (e.g. successive transactions, international transfers, early termination products, tax haven companies, genuine businesses). Integration of funds back into the real economy as “clean and respectable money” What are the key stages of the Money Laundering Cycle?

PMLA Definition : 

Offence of Money Laundering (section 3) Whoever (a) acquires, owns, possesses or transfers any proceeds of crime; or (b) knowingly enters into any transaction which is related to proceeds of crime either directly or indirectly; or (c ) conceals or aids in the concealment of the proceeds of crime Commits the offence of money laundering PMLA Definition

Offences covered under PML Act, 2002 : 

Indian Penal Codes Narcotic Drugs and Psychotropic Substances Act, 1985 Arms Act 1959 Wild Life (Protection) Act, 1972 Immoral Traffic (prevention) Act, 1956 Prevention of Corruption Act, 1988 Offences covered under PML Act, 2002

Money Laundering : 

What are the risks to banks? (i) Reputational risk (ii) Legal risk (iii) Operational risk (iv) Concentration risk All risks are inter-related and together have the potential of causing serious threat to the survival of the bank Money Laundering

KYC Guidelines : 

These guidelines are issued under Section 35 (A) of the Banking Regulation Act, 1949 and any contravention of the same will attract penalties under the relevant provisions of the Act. Banks are advised to bring the guidelines to the notice of their branches and controlling offices. KYC Guidelines

Salient features of KYC Guidelines : 

Definition of Customer A customer or entity that maintains an account and/or has a business relationship with the bank; One on whose behalf the account is maintained (i.e. the beneficial owner) Beneficiaries of transactions conducted by professional intermediaries such as stock brokers, chartered accountants, solicitors, etc. as permitted under the law, and Any person or entity connected with a financial transaction which can pose significant reputational or other risks to the bank, say, a wire transfer or issue of high value demand draft as a single transaction. Salient features of KYC Guidelines

Important points of KYC : 

Know your customer standards Customer Acceptance Policy Customer Identification Procedure Monitoring of Transactions Risk Management Customer education Introducing of new technologies - credit cards/debit cards/smart cards/gift cards KYC for existing accounts Appointment of principal officer Important points of KYC

Slide 11: 

*Subject to the satisfaction of the officer authorising the opening of the account Note: Original should be produced for verification and copy, duly attested by the verifying official, shall be kept along with the account opening form.

The customer profile shall be updated, on a periodical basis, as under: : 

For low risk customers Once in three years For medium risk customers Every year For high risk customers Every year The customer profile shall be updated, on a periodical basis, as under:

Monitoring of Transactions : 

On-going monitoring of transactions for identifying suspicious and high value cash transactions (Rs. 10 lakhs) Special attention to all complex, unusually large transactions and all unusual patterns which have no apparent economic or visible lawful purpose. Prescription of threshold limits Review of risk classification Reporting to law enforcement authority Monitoring of Transactions

Risk Category : 

High Risk Customers Medium risk customers Low risk customers Risk Category

Risk Management : 

Proper systems and procedures to be in place to enable the management to review effective implementation of KYC norms Banks internal/concurrent auditors to verify application of KYC procedures and to evaluate the effectiveness of banks KYC policies and procedures A quarterly compliance report to be placed before the audit committee. Risk Management

High risk customer- due diligence : 

Accounts of Trusts Accounts of Companies and Firms Accounts opened by professional intermediaries Accounts of Politically Exposed Persons resident outside India Non-Face-To-Face Transaction Correspondent Banking High risk customer- due diligence

KYC for Existing Accounts : 

Revised guidelines to apply to all the existing customers on the basis of materiality and risk Transactions in existing accounts to be continuously monitored for review of CDD measures All existing accounts of companies, firms, trusts, charities, religious organizations and other institutions to be subjected to minimum KYC KYC for Existing Accounts

Reports to be prepaid : 

CTR- Cash Transaction Report - For all cash transaction above Rs. 10 lakhs in a month STR- Suspicious Transaction Report Reports should be prepaid in E- Form Should be sent to RBI on each working last Friday Reports to be prepaid

Record Keeping : 

Financial intermediaries should prepare and maintain documentation on their customer relationships and transactions to meet the requirements of relevant laws and regulations, to enable any transaction effected through them to be reconstructed. In the case of wire transfer transactions, the records of electronic payments and messages must be treated in the same way as other records in support of entries in the account. All financial transactions records should be retained for at least five years after the transaction has taken place and should be available for perusal and scrutiny of audit functionaries as well as regulators as and when required. Record Keeping

Relaxed KYC Procedure : 

Relaxed KYC procedure refers to acceptance of an introduction in full KYC procedure subject to certain conditions prescribed. This relaxation is applicable for Low Income Group customers, individuals falling under the 'No frill‘ category, persons affected by natural calamities like floods, cyclone, tsunami, etc. Low Income group customers are those who keep balances not exceeding Rs.50000/- in all their accounts (FDR/CA/SB) taken together and the total credit summation in all the accounts taken together is not expected to exceed Rupees One Lakh (Rs.100000/-) in a year. Relaxed KYC Procedure

Contd… : 

For these customers, branches are permitted to open accounts subject to the following conditions: An introduction (in lieu of the KYC documents) from another account holder who has been subjected to full KYC procedure should be given. The introducer's account with the Bank should be at least six month's old and should show satisfactory transactions. The photograph of the customer who proposes to open the account and his address need to be certified by the introducer. When, at any point of time, the total balance in all his/her accounts (FDR/SB/CA) with the Bank taken together exceeds Rupees Fifty thousands (Rs.50000/-) or total credit summation in all the accounts exceeds Rupees one lakh (Rs.100000/-) in a year, no further transactions will be permitted until the full KYC procedure is completed. Contd…

Training & Education : 

Employee Training Banks should take steps to provide proper training to its employees on the statutory/ regulatory requirements and the internal policy & procedures so that the risks are well understood and managed Employees should also be educated on the need for proper handling of customer queries Customer Education Distribution of pamphlets etc. may be considered Training & Education

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Thank You