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Know Your Client and Anti-Money Laundering Questionnaire: Bank of Taiwan South Africa Branch

The document is a Know Your Client and Anti-Money Laundering Questionnaire for the Bank of Taiwan South Africa Branch. It requests information in 3 sections - 1) Correspondent Bank Details, 2) Ownership and Management Information, and 3) Anti-Money Laundering Controls and Assessment. The questionnaire seeks details on the bank's legal name, address, ownership structure, management, regulatory compliance, anti-money laundering policies and procedures, and record retention practices.
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0% found this document useful (0 votes)
182 views8 pages

Know Your Client and Anti-Money Laundering Questionnaire: Bank of Taiwan South Africa Branch

The document is a Know Your Client and Anti-Money Laundering Questionnaire for the Bank of Taiwan South Africa Branch. It requests information in 3 sections - 1) Correspondent Bank Details, 2) Ownership and Management Information, and 3) Anti-Money Laundering Controls and Assessment. The questionnaire seeks details on the bank's legal name, address, ownership structure, management, regulatory compliance, anti-money laundering policies and procedures, and record retention practices.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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Bank of Taiwan South Africa Branch

KNOW YOUR CLIENT AND ANTI-MONEY


LAUNDERING QUESTIONNAIRE
If your answer is “no” to any question or where it the question asks you to list something, additional
information can be supplied at the end of the questionnaire.

SECTION 1 – CORRESPONDENT BANK DETAILS

1.1 Contact Details


Legal Name of Institution:
Trading name(s) used (if different to above):
Full address of registered office: Street details:
Suburb: Postal/ZIP code:
Country:
Address of principal place of business (if Street details:
different to above): Suburb: Postal/ZIP code:
Country:
Country of incorporation and/or registration
(if different to above):
Date of incorporation/establishment:
Central Bank/ Licensing authority:
Does your Financial Institution maintain a Yes No
physical presence1 in the licensing country:
Is your institution an agency, branch or Yes No
subsidiary of a bank with a physical presence
in the licensing country: If yes, please answer the following questions:

 Name of affiliate / parent company:


______________________________________________

 Is the affiliate / parent company publicly traded:


Yes No

 Indicate affiliation:
Agency Branch Subsidiary

 Licensing country of affiliate:


______________________________________________

Number of employees:
Number of branches/sub branches:
Phone (Main):
Phone (Alternative):
Fax:

1
Physical presence means your institution maintains a physical place of business, other than an electronic address, in a country where it is
authorized to conduct banking activities, at which it employs at least one employee on a full-time basis and maintains records of its
banking activities, and is subject to supervision by the regulators of the country authorizing the institution’s license.

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Bank of Taiwan South Africa Branch

SWIFT Address:
Email:
Website:

1.2. Legal Form, Regulatory status and Other Details


What is the legal form of your Financial Institution (FI)?
Public company Private company
State Owned Company Other (please provide full details below)

Is your FI regulated by a financial services regulator? Yes – Please state name of the regulator(s) below

No
Banking license (type, number, issuing date, expire
date):
Financial Institution’s (tax) identification number:
Principle areas of business activity (commercial banking,
private, corporate, wholesale, insurance, trade finance
etc.) Please indicate the percentage of appropriate
business activity your institution is involved.
Example: Commercial Banking 100%:
Clientele (universal, retail, corporate):
What is the purpose and scope of maintaining
correspondent relationship and arrangements with Bank
of Taiwan South Africa Branch?
Is your institution publicly listed? Yes – Please state below:
a) Name of stock exchange (s):
b) Full name of company’s securities:
c) Stock exchange listing code:

No

SECTION 2 – OWNERSHIP & MANAGEMENT INFORMATION

2.1. Please provide full name, ownership interest and nature of ownership of any ultimate beneficial owners who
maintain more than a 25% share, or who control a 25% or more share, of your institution
(For purposes of this question, an “owner” is any person or legal entity that, directly or indirectly, owns, controls or
has voting power of 25% or more of share or any class of securities of your institution).
Nature of
Ownership interest
Name ownership
(percentage)
(direct / Indirect)

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Bank of Taiwan South Africa Branch

If any of the owners is a legal entity, please, list the names of the shareholders of the legal entity, and their
ownership interest in the legal entity.2 (Please attach additional sheets if necessary).
Nature of
Ownership interest
Entity Shareholders ownership
(percentage)
(direct / Indirect)

2.2 Please provide your top level management structure and attach full name and position of your institution's
directors and chief executive officer(s) or equivalent (especially Board of Directors (e.g. CEO,CFO) and Supervisory
Board).
Please attach additional sheets if necessary.
NAME POSITION

2.3 Do you have any Politically Exposed Persons in the Yes – Please state the name and function below
management?
No

SECTION 3 – ANTI MONEY LAUNDERING (AML) CONTROLS AND ASSESSMENT

3.1 AML overview


1. Is your FI subject to local AML laws/regulation? Yes No
2. Does the AML CFT, and KYC compliance program require approval of your Yes No
institution’s Board or a senior committee thereof?

3.2 Anti-Money Laundering Compliance Program


1. Does your institution have an AML Compliance Program? Yes No
2. Does your institution have a legal and regulatory compliance program that Yes No
includes a designated officer that is responsible for coordinating and overseeing
the AML framework?

If yes, please provide the name and contact information of an officer


Name:
Title:
Phone/Fax:
Email address

3.3 Polices and procedures

2
If the second tier shareholders also are legal entities, the third tier shareholders’ names, ownership and nature of ownership interests also shall be listed. This
exercise continues through the required number of iterations until the true beneficial owners are identified.
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Bank of Taiwan South Africa Branch

1. Does your AML Compliance Program require the approval of your board or a Yes No
senior committee thereof?
2. Does your AML program and written policies and procedures comply with Yes No
current AML legislations, regulations and guidelines issued by the regulatory
bodies in the jurisdiction in which you operate?
3. Does your institution have written policies that have been approved by senior Yes No
management documenting the processes that have been put in place to prevent,
detect and report suspicious transactions?
4. In addition to inspections by the government supervisors/regulators, does your Yes No
institution have an internal audit function or other independent third party that
assesses AML policies and practices on a regular basis?
If yes, how frequently are these audits/tests conducted (i.e. quarterly,
annually)?
5. Does your institution have policies covering relationships with politically Yes No
exposed persons consistent with world-wide financial services best practices?
6. Does your institution have appropriate record retention procedures pursuant to Yes No
applicable law?
if yes, how long are records retained?
8. Does your institution's AML policies and practices apply to all your branches and Yes No
subsidiaries both in your home country and in locations outside of your home
country?
9. Do you ensure that your policies, procedures and controls are communicated Yes No
and enforced effectively in your network of domestic and international offices
through the following approaches:
 internal circulars
 procedural manuals
 internal audit
 compliance officer checks
 external audit /regulatory inspection
10. Does your institution require full details for wire transactions, i.e. sender and Yes No
beneficiary names, address and account number
11. Does your institution have any restrictions under your banking license e.g. is Yes No
your institution only limited to conducting business with non-residents or in non-
local currencies?
3.4 Correspondent Banking
1. Does your institution have any accounts or relationships with shell banks? (A Yes No
shell bank is defined as a bank incorporated in a jurisdiction in which it has no
physical presence and which is unaffiliated with a regulated financial group.)
2. Does your institution have a policy prohibiting correspondent Yes No
accounts/relationships with shell banks?
3. Does your institution have policies to reasonably ensure that you will not Yes No
conduct transactions with or on behalf of shell banks through any of your accounts
or products?
4. Does your institution act as downstream correspondent clearer? Yes No

5. If YES please provide a list of your downstream correspondent clearing


relationships.
6. If the institution act as a downstream correspondent clearer please provide us
with your AML/CFT controls of downstream correspondent clearers/ or confirm
that you have proper controls for this.
7. Does your institution have policies to reasonably ensure that it only operates Yes No

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Bank of Taiwan South Africa Branch

with correspondent banks that possess licenses to operate in their countries of


origin?
8. Does your institution obtain sufficient information to gain an understanding of Yes No
your correspondents' business, reputation and regulatory history?
9. Does your institution assess your correspondents' anti-money Yes No
laundering/counter-terrorist financing controls?
10. Are all new correspondent relationships approved by a senior manager? Yes No
11. Does your institution collect and assess your correspondent's AML policies or Yes No
practices?
12. Does your institution offer "payable through accounts" or any other accounts Yes No
which can transact through nostro and vostro accounts? (payable through
accounts are a type of correspondent banking account which is subdivided by the
foreign bank into sub-accounts, each in the name of one of the foreign bank's
customers, thus giving the foreign bank's customers direct access to the products
of the first financial institution).

if 'yes' have you verified the identity of and/or do you perform ongoing due
diligence on those customers that have direct access to your account?

3.5 Risk Assessment


1. Does your institution have a risk focused assessment of your customer base and Yes No
their transactions?
2. Does your institution determine the appropriate level of enhanced and ongoing Yes No
due diligence necessary for those categories of customers and transactions that
you have reason to believe pose a heightened risk of money laundering and
terrorist financing activities at or through your institution?
3. Does your institution take steps to understand the normal and expected Yes No
transactions of your customers based on your risk assessment of your customers?
3.6 Know Your Customer
1. Has your institution implemented systems for the identification of all your Yes No
customers at account opening, including verification of customer information from
independent and reliable sources (e.g. name, street address, date of birth, number
and type of valid official identification)?
2. Does your institution have procedures to establish a record for each customer Yes No
noting their respective identification documents and know your customer
information collected at account opening?
3. Does your institution provide anonymous accounts, or numbered accounts for Yes No
which you do not collect the full details of the beneficial owner?
4. Does your institution accept wire transfers or any other means of funds transfer Yes No
on behalf of non-customers without obtaining proof of identification?
5. Does your institution have a requirement to collect information regarding your Yes No
customer's business activities/source of funds?

3.7 Reportable transactions and revention and detection of Transactions with


illegally obtained funds
1. Does your institution have policies or practices for the identification and yes no
reporting of transactions that are required to be reported to the authorities?
2. Does your institution have procedures to identify transactions structured to yes no
avoid large cash reporting requirements?

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Bank of Taiwan South Africa Branch

3. Does your institution screen transactions for customers or transactions you yes no
deem to be of significantly heightened risk (which may include persons, entities or
countries that are contained on lists issued by government/international bodies)
that special attention to such customers or transactions is necessary prior to
completing any such transactions?
3.8 Transaction Monitoring
1. Does your institution have a monitoring program for suspicious or unusual Yes No
activity that covers funds transfers and monetary instruments (such as travelers
checks, money orders, etc)?
2. Does your institution filter payments against relevant sanctions lists? Yes No

3.9 AML Training


1. Does your institution provide AML training to relevant employees that includes Yes No
identification and reporting of transactions that must be reported to government
authorities, examples of different forms of money laundering involving your
products and services and internal policies to prevent money laundering?
2. Does your institution retain records of its training sessions including attendance Yes No
records and relevant training materials used?
3. Does your institution have policies to communicate new AML related laws or Yes No
changes to existing aml related policies or practices to relevant employees?
4. Does your institution employ third parties to carry out some of the functions of Yes No
your institution?

if yes, does your institution provide aml training to relevant third parties that
includes:

 identification and reporting of transactions that must be reported to Yes No


government authorities
 Examples of different forms of money laundering involving the fi’s Yes No
products and services.
 internal policies to prevent money laundering Yes No
3.10 AML Regulation
1. Does your country comply to the 40 Anti-Money Laundering Recommendations Yes No
and Nine Special Terrorist Financing Recommendations developed by the Financial
Action Task Force (FATF)?

2. Is your country member of FATF? Yes No


If your country is not a member of the FATF please provide the name of the
comparable organization to which your country belongs, (e.g. MONEYVAL,AGP –
Asia Pacific Group on money laundering).

3.11 Regulatory Action


1. Has your institution or parent bank been the subject of any money laundering or Yes No
terrorist financing-related proceedings, investigations, sanctions, punitive actions
indictment, had fines, conviction or civil enforcement action imposed on your
institution or parent bank by a regulator or law enforcement body during the last
five years?
2. Has your institution, to your knowledge, been the subject to any investigation, Yes No
indictment, penalty, fine, conviction or civil enforcement action related to
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Bank of Taiwan South Africa Branch

terrorism financing in the past five years?


If the answer to any of the questions from 3.11 are yes, please provide short description:
…………………………………………………………..
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Space for additional information:


(Please indicate which question the information is referring to.)
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SECTION 4 – LEGAL SANCTIONS

Has your institution ever been investigated, prosecuted or fined for failure to Yes No
comply with anti-money laundering or anti terrorist financing legislation?
(If the Answer is yes please provide an explanation or summary of the event on a
separate page)

SECTION 5 – AML/CTF CERTIFICATION

I, (NAME AND SURNAME), certify that I have read and understood this Questionnaire, that the statements made
herein are complete and correct, and that I am authorized to execute this Questionnaire on behalf of (NAME OF
YOUR INSTITUTION)

SECTION 6 – THIS FORM WAS COMPLETED BY:


Name:

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Bank of Taiwan South Africa Branch

Position:

Address:

Telephone:

E-mail:

Signature

Date:

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