FATF Advisory dated 22 June 2012
[RBI
Circular No. 18 dated 23rd August 2012]
Sub: Anti-Money
Laundering (AML) / Combating the Financing of Terrorism (CFT) Standards - Cross
Border Inward Remittance under Money Transfer Service Scheme (MTSS)
Please refer to our A.P. (DIR Series) Circular No. 108
dated April 17, 2012 on risks arising from the deficiencies in AML/CFT regime
of certain jurisdictions.
2. Financial
Action Task Force (FATF) has issued a further Statement on June 22, 2012 on the
subject.
3. Authorised
Persons (Indian Agents) are accordingly advised to consider the information
contained in the enclosed statement.
4. This, however,
does not preclude Authorised Persons (Indian Agents) from legitimate
transactions with these countries and jurisdictions.
5. These
guidelines would also be applicable mutatis mutandis to all Sub-Agents of the
Indian Agents under MTSS and it will be the sole responsibility of the APs
(Indian Agents) to ensure that their Sub-agents also adhere to these
guidelines.
6. Authorised Persons (Indian Agents) may bring the contents of this
circular to the notice of their constituents concerned.
7. Please advise
your Principal Officer to acknowledge receipt of this circular letter.
8. 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.