Anti-Money Laundering and Countering Financing of Terrorism Bill 46-3 (2009), Government Bill

  • enacted
20 Circumstances when enhanced customer due diligence applies
  • (1) A reporting entity must conduct enhanced customer due diligence in accordance with sections 21 and 22 in the following circumstances:

    • (aa) if the reporting entity establishes a business relationship with a customer that is—

      • (i) a trust or another vehicle for holding personal assets:

      • (ii) a non-resident customer from a country that has insufficient anti-money laundering and countering financing of terrorism systems or measures in place:

      • (iii) a company with nominee shareholders or shares in bearer form:

    • (ab) if customer seeks to conduct an occasional transaction through the reporting entity and that customer is—

      • (i) a trust or another vehicle for holding personal assets:

      • (ii) a non-resident customer from a country that has insufficient anti-money laundering and countering financing of terrorism systems or measures in place:

      • (iii) a company with nominee shareholders or shares in bearer form:

    • (b) if a customer seeks to conduct, through the reporting entity, a complex, unusually large transaction or unusual pattern of transactions that have no apparent or visible economic or lawful purpose:

    • (c) when a reporting entity considers that the level of risk involved is such that enhanced due diligence should apply to a particular situation:

    • (d) any other circumstances specified in regulations.

    (2) A reporting entity must conduct enhanced customer due diligence in accordance with section 23 if—

    • (a) it establishes a business relationship with a customer who it has determined is a politically exposed person; or

    • (b) a customer who it has determined is a politically exposed person seeks to conduct an occasional transaction through the reporting entity.

    (3) A reporting entity must conduct enhanced customer due diligence in accordance with sections 24 and 25 if it is an ordering institution, an intermediary institution, or a beneficiary institution in relation to a wire transfer.

    (4) A reporting entity must conduct enhanced customer due diligence in accordance with section 26 if it has, or proposes to have, a correspondent banking relationship.

    (5) A reporting entity must conduct enhanced due diligence in accordance with section 27 if—

    • (a) it establishes a business relationship with a customer that involves new or developing technologies, or new or developing products, that might favour anonymity; or

    • (b) a customer seeks to conduct an occasional transaction through the reporting entity that involves new or developing technologies, or new or developing products, that might favour anonymity.