Provisions under Prevention of Money Laundering Act for savings schemes 1.

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Presentation transcript:

Provisions under Prevention of Money Laundering Act for savings schemes 1

Objective Implementation of the following norms in the Post Offices: Know Your Customers (KYC) Customer Due Diligence (CDD) Purpose of the act is to prevent money laundering and combating financing terrorism is small savings schemes So, the above norms are to be applied in PO transactions 2

Know your customer Three risk categories defined Norms for each category spelt out. 3

Three risk categories : Know your customer Risk CategoryAccounts opened upto amount / Certificate purchased upto amount / Balance in all accounts and savings certificates upto Low RiskUp to Rs.50,000 Medium Risk Exceeding Rs.50,000 and up to Rs.10 lakh High Risk Exceeding Rs.10 lakh and balance in all accounts and certificate exceed Rs 10 lakh 4

Low Risk : Norms Low Risk Accounts opened upto amount / Certificate purchased upto amount / Balance in all accounts and savings certificates upto amount below Rs.50000/- NormsProof Photograph 1 Recent Photographs (2 in case of EDBO) Identity proof Any one of the following : Electoral Photo identity card, Ration card with photograph, Passport, Driving License, POSB identity card, PO ID card, Govt. Identity card, (PPO, BPL, Job card), Aadhar Card (UIDAI), Identity card issued by schools and colleges. 5

Low Risk : Norms NormsProof Address proof Any one of the following : Bank or Post Office Passbook/Statement with current address Passport with current address. Ration Card with current Address. Electricity Bill of not more than three months old Telephone Bill of not more than three months old Salary Slip of reputed Employer with current address. Certificate from any Public Authority/Postman or Gram Dak Sewak Delivery Agent or Branch Postmaster. The letter issued by the Unique Identification Authority of India ( UIDAI) containing details of name, address and Aadhaar number. 6

Medium Risk : Norms Medium Risk Accounts opened upto amount / Certificate purchased upto amount / Balance in all accounts and savings certificates upto amount exceeding Rs.50000/- but up to Rs.10 lakhs NormsProof Photograph 1 Recent Photographs (2 in case of EDBO) Identity proof Any one of the following : Mandatory : PAN or Declaration in Form 60/61 Electoral Photo identity card, Ration card with photograph, Passport, Driving License, POSB identity card, PO ID card, Govt. Identity card, (PPO, BPL, Job card), Aadhar Card (UIDAI), Identity card issued by schools and colleges. POSB identity card, Govt. Identity card, (PPO, BPL, Job card), PAN card 7

Medium Risk : Norms NormsProof Address proof Any one of the following : Bank or Post Office Passbook/Statement with current address Passport with current address. Ration Card with current Address. Electricity Bill of not more than three months old Telephone Bill of not more than three months old Salary Slip of reputed Employer with current address. Certificate from any Public Authority/Postman or Gram Dak Sewak Delivery Agent or Branch Postmaster. The letter issued by the Unique Identification Authority of India (UIDAI) containing details of name, address and Aadhaar number. 8

High Risk : High Risk Accounts opened upto amount / Certificate purchased upto amount / Balance in all accounts and savings certificates upto amount above Rs.10 lakhs NormsProof Photograph 1 Recent Photographs (2 in case of EDBO) Identity proof Any one of the following : Mandatory : PAN or Declaration in Form 60/61 Electoral Photo identity card, Ration card with photograph, Passport, Driving License, POSB identity card, PO ID card, Govt. Identity card, (PPO, BPL, Job card), Aadhar Card (UIDAI), Identity card issued by schools and colleges. POSB identity card, Govt. Identity card, (PPO, BPL, Job card), PAN card 9

High Risk : NormsProof Address proof Any one of the following : Bank or Post Office Passbook/Statement with current address Passport with current address. Ration Card with current Address. Electricity Bill of not more than three months old Telephone Bill of not more than three months old Salary Slip of reputed Employer with current address. The letter issued by the Unique Identification Authority of India (UIDAI) containing details of name, address and Aadhaar number. 10

High Risk : NormsProof Additional requirement Copy of document showing source of receipt of funds tendered for investment is necessary Note : If interest on SCSS is exceeding Rs in a year and declaration in form 15G & 15H is not given, PAN Card is mandatory 11

FAQs  Minors - If account/certificate holder is minor, norms are applicable to guardians  Joint Holders- In case of joint holders, norms are applicable to all joint account/certificate holders Attestation - Documents should be self-attested or in case of illiterate depositors should be attested by Gazetted Officer/Sarpanch/ Branch/Sub/Head/Chief Postmaster or Postman/Gram Dak Sewak Delivery Agent  KYC documents already submitted - Customer who have already submitted KYC documents in any purchase, need not to submit these again. Account number/purchase application number through which KYC documents were given earlier to be mentioned. Note : Name and address of the customer should match with earlier KYC Documents. The Supervisor to pass the remarks “KYC documents already submitted vide A/C No./Regn. No.___dated____”  Deposit is made through agent - The agent should also attest all KYC documents. In case of direct investment, self attestation or attestation by Gazetted Officer is required.  Mandatory : “KYC documents Verified and attached” needs to be written by the Supervisor on account opening form or purchase application 12

Record keeping : Documents Post OfficePOSB AccountsCertificates HO KYC documents (including those received from EDBOs should be attached with Account Opening Forms or kept in guard files KYC documents (including received from EDBOs) should be attached with account opening or purchase application forms and kept in guard files. SO RD/MIS/SCSS should be kept with account opening form or purchase application SB/TD/PPF KYC documents should be kept in guard files. KYC documents should be attached with account opening or purchase application forms and kept in guard files. BO KYC Documents should be attached with account opening form and sent to Account Office. KYC Documents should be attached with account opening or purchase application form and sent to Account Office. 13

Record keeping : Documents Post OfficePOSB Accounts and CertificatesAttestation HO Photo attached with Account Opening form or purchase application APM to Attest photograph from ID proof. SO Photo should be pasted in the SS Book (In case of SB/TD/PPF). In other cases i.e. RD/MIS/SCSS, pasted in A/C opening form. SPM to Attest photograph from ID proof. BO Two. One photo should be pasted in the SS Book and one in account opening form. BPM to Attest photograph from ID proof. Note : In case of SCSS two photographs are mandatory i.e. one for application form and another for Passbook 14

Record keeping : Preservation Record relating of all transactions to be preserved by SBCO5 years All Purchase Applications along with KYC documents5 years after discharge. At the time of closure of account, account opening form along with KYC documents should be attached with closure voucher and transferred to SBCO 15

Reporting of transactions Category (Cash Transaction)Method of monitoring All cash transactions exceeding 10,00,000/- Prepare list & send to : Head of Division on 3 rd working day of following month. Head of the Division to Circle by 5 th working day Head of the Circle to Principal officer at Directorate by 8 th working day All cash transactions in series which are less than 10,00,000/- at a time but are integrated & total exceeds 10,00,000/- in a month 16

Reporting of transactions Category (Suspected Transaction)Method of monitoring Cash is accepted & Forged or counterfeit currency notes used or forgery of Security or documents Prepare list & send to : Head of Division (by name) on the very same day. Head of the Division to Head of Circle (by name ) on the very same day of receipt of STR from PO Head of the Circle to DDG (PCO), PMLA (by name) at Directorate on the very same day of receipt of STR from Head of the Division. Any attempted transaction of Forged or counterfeit currency notes used or forgery of Security or documents Suspected transaction 17

Definition of Suspicious transaction A transaction including an attempted transaction, whether or not made in cash which, to a person acting in good faith- (i) gives rise to a reasonable ground of suspicion that it may involve proceeds of an offence specified in the schedule to the Act regardless of the value involved: or (ii) appears to be made in circumstances of unusual or unjustified complexity: or (iii) appears to have no economic rationale or bonafide purpose: or (iv) give rise to a reasonable ground of suspicion that involve financing of the activities relating to terrorism; (v)Transaction includes deposit, w/d, exchange or transfer of funds in whatever currency, whether in cash or in cheque, payment order or other instruments or by electronic or other physical means. 18

Instructions for existing Accounts/Certificates EXISTING ACCOUNTS Types of measures to be taken Procedure KYC A printed notice will be handed over to the depositor / messenger at the time of next transaction (deposit / withdrawal) after receipt of this SB Order In case of RD accounts opened through agents, the ID and Address proof should also be attested by agent concerned CDD/KYC documents are also required to be taken in the existing accounts in case of Transfer of account, revival of silent account or when depositor’s signatures not matched with existing specimen 19

Instructions for existing Accounts/Certificates EXISTING ACCOUNTS Types of measures to be taken Procedure KYC Depositors or certificate holders to be served notice to furnish KYC. If he does not furnish KYC upto 3 rd transaction, 4 th transaction will not be allowed. In case of fresh investment, the photocopy of existing passbook, certificate to be enclosed with application form Transfer / revival of account to be allowed only if he furnishes the KYC Transfer of maturity amount to be allowed only if he furnishes the KYC If the existing account is closed, fresh KYC are to be taken 20

General instructions Types of measures to be taken Procedure KYC In case of prospective customer living with relative, the customer should give ID proof and address proof of relative followed by relative’s self-declaration that prospective customer stays with him In case the depositor does not co-operate in furnishing KYC, the matter should be reported to Divisional Supdt. who will order closure of this A/C and inform depositor of taking such decision. Record keeping Same as prescribed for new accounts/certificates Reporting Same as prescribed for new accounts/certificates Suspected transaction Report be sent immediately as prescribed for new customer 21

Penalty In case of non-implementation of AML/CFT norms, a penalty from Rs.10,000 to Rs. 1,00,000 can be imposed under PML Act and rules in addition to disciplinary action. 22