E-KYC Service is a Valid Process for KYC
Verification under PML Rules
[RBI Circular No. 10 dated 21st
July 2014]
Sub: Know Your Customer (KYC) Norms/Anti-Money
Laundering (AML) Standards/ Combating of Financing of Terrorism (CFT)/ Obligation
of Authorised Persons under Prevention of Money Laundering Act (PMLA), 2002 –
Money Transfer Service Scheme – Recognising E-Aadhaar
as an ‘Officeally Valid Document’ under PML Rules
Attention of Authorised Persons, who are Indian Agents
under MTSS (Indian Agents), is invited to Annex II of our A.P. (DIR Series)
Circular No.18 [A.P. (FL/RL Series) Circular No.05] dated November 27, 2009 on
the captioned subject, as amended from time to time. Annex-II of the above
mentioned circular lists officially valid documents for customer
identification.
2. Indian Agents
are advised that physical Aadhaar card/ letter issued
by the Unique Identification Authority of India (UIDAI) containing details of
name, address and Aadhaar number may be accepted as
an ‘Officially Valid Document’. If the address provided by the customer is same
as that on the Aadhaar letter, it may be accepted as
a proof of both identity and address.
3. In order to
reduce the risk of identity fraud, document forgery and have paperless KYC
verification, UIDAI has launched its e-KYC service. Accordingly, it has been
decided to accept e-KYC service as a valid process for KYC verification under
Prevention of Money Laundering (Maintenance of Records) Rules, 2005. Further,
the information containing demographic details and photographs made available
from UIDAI as a result of e-KYC process (“which is in an electronic form and
accessible so as to be usable for a subsequent reference”) may be treated as an
‘Officially Valid Document’ under PML Rules. In this connection, it is advised
that while using e-KYC service of UIDAI, the individual user has to authorize
the UIDAI, by explicit consent, to release her or his identity/address through
biometric authentication to the Indian Agents. The UIDAI then transfers the
data of the individual comprising name, age, gender, and photograph of the
individual, electronically, to the Indian Agent, which may be accepted as a
valid process for KYC verification. The broad operational instructions to
Indian Agents on Aadhaar e-KYC service are enclosed
as Annex.
4. Indian Agents, are advised to have proper infrastructure (as
specified in Annex) in place to enable biometric authentication for e-KYC.
5. Further, it is
clarified that, Indian Agents may accept e-Aadhaar
downloaded from UIDAI website as an officially valid document subject to the
following:
a) If the
prospective customer knows only his/her Aadhaar
number, the Indian Agent may print the prospective customer’s e-Aadhaar letter directly from the UIDAI portal; or adopt
e-KYC procedure as mentioned in the para 3 above.
b) If the
prospective customer carries a copy of the e-Aadhaar
downloaded elsewhere, the Indian Agent may print the prospective customer’s e-Aadhaar letter directly from the UIDAI portal; or adopt
e-KYC procedure as mentioned in the para 3 above; or
confirm identity and address of the resident through simple authentication
service of UIDAI.
6. The directions
contained in this Circular have been issued under Section 10(4) and Section
11(1) of the Foreign Exchange Management Act, 1999 (42 of 1999) and also under
the, Prevention of Money Laundering Act, (PMLA), 2002, as amended from time to
time and are without prejudice to permission /approvals, if any, required under
any other law.
Annex
Operational Procedure to be followed for e-KYC exercise
The e-KYC service of the UIDAI is be leveraged by
Indian Agents through a secured network. Any Indian Agent willing to use the
UIDAI e-KYC service is required to sign an agreement with the UIDAI. The
process flow to be followed is as follows:
1. Sign
KYC User Agency (KUA) agreement with UIDAI to enable the Indian Agent to
specifically access e-KYC service.
2. Indian Agents
to deploy hardware and software for deployment of e-KYC service across various
delivery channels. These should be Standardisation Testing and Quality
Certification (STQC) Institute, Department of Electronics & Information
Technology, Government of India certified biometric scanners at Customer
Service Points (CSPs) as per UIDAI standards. The list of certified biometric
scanners is available on the following site: http://www.stqc.gov.in
3. Develop a
software application to enable use of e-KYC across various CSPs (including sub
agents under MTSS) as per UIDAI defined Application Programming Interface (API)
protocols. For this purpose Indian Agents will have to develop their own
software under the broad guidelines of UIDAI. Therefore, the software may
differ from Indian Agent to Indian Agent.
4. Define a
procedure for obtaining customer authorization to UIDAI for sharing e-KYC data
with the Indian Agent. This authorization can be in physical (by way of
a written explicit consent authorising UIDAI to share his/her Aadhaar data with the Indian Agent/ Sub-Agent for the
purpose of receiving foreign inward remittance) /electronic form as
defined by UIDAI from time to time.
5. Sample process
flow would be as follows:
a. Customer walks
into CSP of an Indian Agent with his/her 12-digit Aadhaar
number and explicit consent and requests to receive foreign inward remittance
with Aadhaar based e-KYC.
b. Representative
of the Indian Agent manning the CSP enters the number into the e-KYC
application software of the Indian Agent.
c. The customer
inputs his/her biometrics via a UIDAI compliant biometric reader (e.g.
fingerprints on a biometric reader).
d. The software
application captures the Aadhaar number along with
biometric data, encrypts this data and sends it to UIDAI’s Central Identities
Data Repository (CIDR).
e. The Aadhaar KYC
service authenticates customer data. If the Aadhar
number does not match with the biometrics, UIDAI server responds with an error
with various reason codes depending on type of error (as defined by UIDAI).
f. If the Aadhaar number matches with the biometrics, UIDAI responds
with digitally signed and encrypted demographic information [Name, year/date of
birth, Gender, Address, Phone and email (if available)] and photograph. This
information is captured by e-KYC application of Indian Agent and processed as
needed.
g. Servers of
Indian Agent auto populate the demographic data and photograph in relevant
fields. It also records the full audit trail of e-KYC viz. source of
information, digital signatures, reference number, original request generation
number, machine ID for device used to generate the request, date and time stamp
with full trail of message routing, UIDAI encryption date and time stamp,
Indian Agent’s decryption date and time stamp, etc.
h. The photograph
and demographics of the customer can be seen on the screen of computer at CSPs
for reference.
i. The customer
can receive foreign inward remittance through MTSS subject to satisfying other
necessary requirements.