Money Changers to Keep Records only for Five Years
[RBI
Circular No. 149 dated 25th June 2014]
Sub:
Know Your Customer (KYC) norms/Anti-Money Laundering (AML) standards/ Combating
the Financing of Terrorism (CFT)/ Obligation of Authorised Persons under
Prevention of Money Laundering Act (PMLA), 2002 – Money Changing Activities -
Change in period of maintenance and preservation of records
Please
refer to clause (iii) – ‘Maintenance and Preservation of Record’ of para 4.13 of our A.P. (DIR Series) Circular No.17 [A.P.
(FL/RL Series) Circular No.04] dated November 27, 2009 on the captioned
subject, as amended from time to time.
2. In terms of
the above mentioned provisions, Authorised Persons are required to maintain and
preserve records mentioned therein for a period of at least ten years. In view
of the amendment to Section 12 of Prevention of Money Laundering Act, 2002
through Prevention of Money Laundering (Amendment) Act, 2012, Authorised
Persons are now required to maintain and preserve records for a period of at
least five years.
3. 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.