Money Laundering Update
[RBI
Circular No. 68 dated 28th January 2015]
Sub:
Anti-Money Laundering (AML) standards/Combating the Financing of Terrorism
(CFT) Standards - Money changing activities
Please
refer to our A.P.(DIR Series) Circular No. 34 dated September
04, 2013 on risks arising from the deficiencies in AML/CFT regime of certain
jurisdiction.
2. Financial
Action Task Force (FATF) has updated its Statement on the subject and document
'Improving Global AML/CFT Compliance: on-going process'
on October 24, 2014. The statement /document can be accessed from the following
URLs:
http://www.fatf-gafi.org/documents/documents/fatf-compliance-oct-2014.html
and
http://www.fatf-gafi.org/topics/high-riskandnon-cooperativejurisdictions/documents/public-statement-oct2014.html
3. Authorised
Persons are accordingly advised to consider the information contained in the
enclosed statement.
4. This, however,
does not preclude Authorised Persons from legitimate transactions with these
countries and jurisdictions.
5. These
guidelines are also applicable mutatis mutandis to all agents/ franchisees of
Authorised Persons and it will be the sole responsibility of the franchisers to
ensure that their agents / franchisees also adhere to these guidelines.
6. Authorised
Persons may bring the contents of this circular to the notice of their
constituents concerned.
7. 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.