Money Laundering
Filters for Indian Agents to Money Transfer (MT) Agencies
[RBI
Circular No. 78 dated 15th February 2012]
Sub: Anti-Money
Laundering (AML) standards/Combating the Financing of Terrorism (CFT) Standards
- Cross Border Inward Remittance under Money Transfer Service Scheme
Attention of all the Authorised Persons, who are Indian
Agents under Money Transfer Service Scheme (MTSS) is invited to A.P.(DIR Series) Circular Nos.22 and 24 dated September 19,
2011 on the risks arising from the deficiencies in AML/CFT regime of certain
jurisdictions.
2. The Financial
Action Task Force (FATF) has issued a further Statement on October 28, 2011 on
the subject (copy
enclosed).
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 sections 10(4) and 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.