All Transactions above Rs. 5 lakhs Across Border in FIU net

[RBI Circular No. 126 dated 25th April 2014]

Sub: Reporting of Cross Border Wire Transfers

Please refer to our A. P. (DIR Series) Circular No. 72 dated January 10, 2013 on ‘Uploading of Reports on FINnet Gateway’ wherein all Authorised Persons were advised to upload reports as required by FIU-IND using only FINnet gateway.

2.    With the amendments to Prevention of Money Laundering (PML) Rules, notified by the Government of India vide Notification No. 12 of 2013 dated August 27, 2013 and in terms of amended Rule 3, every reporting entity is required to maintain the record of all transactions including the record of all cross border wire transfers of more than Rs. 5 lakh or its equivalent in foreign currency, where either the origin or destination of the fund is in India. FIU-IND has advised that the information of all such transactions may be furnished to Director, FIU-IND by 15th of the succeeding month.

3. In this regard, it is advised that the ‘Transaction Based Reporting Format’ (TRF) already developed by FIU-IND and being used for reporting Cash Transaction Reports (CTRs), Suspicious Transaction Reports (STRs) and Non-Profit Organizations Transaction Reports (NTRs) may be used for reporting the Cross Border Wire Transfers. The information may be furnished electronically in the FIN-Net module developed by FIU-IND. All Authorised Persons are accordingly advised to take action as required by FIU-IND and ensure that reports are submitted in time as per the schedule.

4.    The format along with sample data filled in as an illustration is available in the ‘Downloads’ section of the FIU-IND website (http://fiuindia.gov.in).

5.    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 by Prevention of Money Laundering (Amendment) Act, 2009 and Prevention of Money-Laundering (Maintenance of Records of the Nature and Value of Transactions, the Procedure and Manner of Maintaining and Time for Furnishing Information and Verification and Maintenance of Records of the Identity of the Clients of the Banking Companies, Financial Institutions and Intermediaries) Rules, 2005 as amended from time to time and are without prejudice to permission /approvals, if any, required under any other law.

[RBI Circular No. 125 dated 25th April 2014]

Sub: Reporting of Cross Border Wire Transfers

Please refer to our A. P. (DIR Series) Circular No. 73 dated January 10, 2013 on ‘Uploading of Reports on FINnet Gateway’ wherein all Authorised Persons, who are Indian Agents under MTSS were advised to upload reports as required by FIU-IND using only FINnet gateway.

2.  With the amendments to Prevention of Money Laundering (PML) Rules, notified by the Government of India vide Notification No. 12 of 2013 dated August 27, 2013 and in terms of amended Rule 3, every reporting entity is required to maintain the record of all transactions including the record of all cross border wire transfers of more than Rs. 5 lakh or its equivalent in foreign currency, where either the origin or destination of the fund is in India. FIU-IND has advised that the information of all such transactions may be furnished to Director, FIU-IND by 15th of the succeeding month.

3.  In this regard, it is advised that the ‘Transaction Based Reporting Format’ (TRF) already developed by FIU-IND and being used for reporting Cash Transaction Reports (CTRs), Suspicious Transaction Reports (STRs) and Non-Profit Organizations Transaction Reports (NTRs) may be used for reporting the Cross Border Wire Transfers. The information may be furnished electronically in the FIN-Net module developed by FIU-IND. All Authorised Persons, who are Indian Agents under MTSS are accordingly advised to take action as required by FIU-IND and ensure that reports are submitted in time as per the schedule.

4.  The format along with sample data filled in as an illustration is available in the ‘Downloads’ section of the FIU-IND website (http://fiuindia.gov.in).

5.  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 by Prevention of Money Laundering (Amendment) Act, 2009 and Prevention of Money-Laundering (Maintenance of Records of the Nature and Value of Transactions, the Procedure and Manner of Maintaining and Time for Furnishing Information and Verification and Maintenance of Records of the Identity of the Clients of the Banking Companies, Financial Institutions and Intermediaries) Rules, 2005 as amended from time to time and are without prejudice to permission /approvals, if any, required under any other law.