Embed Size (px)
Citation preview
BAN
CO
CO
MERCIA
L P
ORTU
GU
ÊS,
S.A
, Socie
dade A
bert
a,
com
se
de n
a P
raça D
.João I,
28,
Port
o,
o C
apit
al So
cia
l de 3
.000.0
00.0
00 e
uro
s,
matr
icula
da n
a C
onse
rvató
ria d
o R
egis
to C
om
erc
ial do P
ort
o so
b o núm
ero
únic
o de m
atr
ícula
e
de id
enti
ficação fi
scal 5
01 5
25 8
82
1
FINANCIAL INSTITUTIONS
KYC / AML / CTF QUESTIONNAIRE
I. GENERAL INFORMATION
1. Legal Name: Banco Comercial Português, S. A.
2. Head Office Address: Av. Prof. Dr. Cavaco Silva, Edf 1, Piso 1-A, 2744-002 Porto Salvo, Portugal
3. Registered Office Address: Praça D.João I, 28, 4000-295 Porto, Portugal
4. Website Address: http://www.millenniumbcp.pt
5. Email Address: [email protected]
6. Registration and Tax Identification Nº: 501 525 882
7. Legal Form: Public Limited Company (Primary exchange / ISIN: EURONEXT LISBON / PTBCP0AM0007)
8.Supervisor Authorities:
Banco de Portugal (Portuguese Central Bank): http://www.bportugal.pt CMVM (Portuguese Market Securities Commission): http://www.cmvm.pt
9. Areas covered by this questionnaire: a) Head Office & domestic branches X Yes No b) Domestic subsidiaries X Yes No c) Overseas branches X Yes No d) Overseas subsidiaries X Yes No
10. Banco Comercial Português, S. A. has two overseas subsidiaries operating under Offshore Banking license. (See Appendix A for the definition)
BAN
CO
CO
MERCIA
L P
ORTU
GU
ÊS,
S.A
, Socie
dade A
bert
a,
com
se
de n
a P
raça D
.João I,
28,
Port
o,
o C
apit
al So
cia
l de 3
.000.0
00.0
00 e
uro
s,
matr
icula
da n
a C
onse
rvató
ria d
o R
egis
to C
om
erc
ial do P
ort
o so
b o núm
ero
únic
o de m
atr
ícula
e
de id
enti
ficação fi
scal 5
01 5
25 8
82
2
II. QUESTIONS RELATED TO REGULATORY ENVIRONMENT
11. Has your country established laws designed to prevent money laundering and terrorist financing and is your institution subject to and fully compliant with such laws?
11a) If Yes, please list where these regulations may be found (website, if available) or the name of your country’s relevant law.
Law 25/2008 dated June 5th.
X Yes (Answer 11a)
No
12. Do the laws and regulations in your country prohibit your institution from opening an anonymous account?
X Yes No
13. Do you have foreign branches and/or subsidiaries engaged in banking or non-banking financial activities that are subject to your AML policies?
X Yes (Answer 13a)
No (Answer 13b)
13a) If Yes, are these branches and/or subsidiaries subject to the anti-money laundering laws applicable to your head office?
X Yes
No (Answer 13b)
13b) If No, please provide information for each foreign branch/subsidiary below:
Country Government Institution Is your institution subject to and fully compliant with local country’s laws designed to prevent money laundering and terrorist financing.
Yes No
Yes No
Yes No
Yes No
III. QUESTIONS RELATED TO YOUR INSTITUTION’S AML POLICIES AND PRACTICES
14. Does your institution have a written policy and controls and procedures reasonably designed to prevent and detect money laundering/terrorist financing activities?
X Yes No
15. Please provide the name and contact information of an officer responsible for your institution’s anti-money laundering program?
Name: Mr. Manuel Jorge Fitas
Title: Head Of Compliance Risk Control
Mailing address: Avenida Professor Doutor Cavaco Silva (Tagus Park), Edif 1, Piso 2 B 2744-002 Porto Salvo
Email address: [email protected]
16. Does your institution’s AML policy and program include the following: a) A requirement for periodic approval of your institution’s AML policy by
your institution’s Board or senior committee?
X Yes
No
b) Customer identification requirements at the inception of the relationship?
X Yes No
BAN
CO
CO
MERCIA
L P
ORTU
GU
ÊS,
S.A
, Socie
dade A
bert
a,
com
se
de n
a P
raça D
.João I,
28,
Port
o,
o C
apit
al So
cia
l de 3
.000.0
00.0
00 e
uro
s,
matr
icula
da n
a C
onse
rvató
ria d
o R
egis
to C
om
erc
ial do P
ort
o so
b o núm
ero
únic
o de m
atr
ícula
e
de id
enti
ficação fi
scal 5
01 5
25 8
82
3
c) Do you transact with non-established customers or walk – ins? No, except as agent of Western Union Payment Services Ireland Ltd. We have customer identification requirements for such clients.
Yes X No
c1) If yes, does your institution have customer identification requirements for such customers for the sale of monetary instruments or wire transfers (if specific threshold is established for such transactions, please specify)?
Yes
No
d) Clearly defined roles, responsibilities and accountabilities as they relate to anti-money laundering compliance?
X Yes
No
e) Periodic Anti-Money Laundering Training Programs?
X Yes No
e i.) If yes, list types of positions in your institution receiving such training (for example, marketing officers, sales officers, operations employees).
All employees.
E ii.) If yes, how frequently is training required? Monthly Quarterly Annually X Other, explain: BCP has an ongoing AML
Training Program (e-learning and on job training).
f) Compliance with local suspicious activity reporting requirements?
X Yes No
g) Procedures to monitor large cash deposits and withdrawals?
X Yes No
h) Record retention requirements for documentation obtained regarding customer identification?
X Yes No
h i.) If Yes, how long are records retained? 7 years after closing customer relation. i) Policy and procedures for independent audit or testing of the anti-money
laundering compliance program?
X Yes No
i i.) If Yes, how frequently are these audits/tests conducted?
Monthly Quarterly X Annually Other, explain:
j) Policies covering relationships with politically exposed persons (PEPs) consistent with industry practices existing in your country?
(see Appendix A for the definition)
X Yes No
k) Policies to reasonably ensure that it only operates with correspondent banks that possess licenses to operate in the countries of their origin?
X Yes No
l) A monitoring program for suspicious or unusual activity that covers funds transfers and monetary instruments (travellers checks, money orders, etc.)
X Yes No
m) Screening for customers or transactions of significantly high risk that might require special attention prior to transactions? (For example, persons, entities or countries that are on lists issued by government/international bodies.)
X Yes No
n) Does your institution risk rate your customers and transactions?
X Yes No
BAN
CO
CO
MERCIA
L P
ORTU
GU
ÊS,
S.A
, Socie
dade A
bert
a,
com
se
de n
a P
raça D
.João I,
28,
Port
o,
o C
apit
al So
cia
l de 3
.000.0
00.0
00 e
uro
s,
matr
icula
da n
a C
onse
rvató
ria d
o R
egis
to C
om
erc
ial do P
ort
o so
b o núm
ero
únic
o de m
atr
ícula
e
de id
enti
ficação fi
scal 5
01 5
25 8
82
4
o) Does your institution require higher level of enhanced due diligence for high risk clients, presenting risk of illicit activities (including but not limited to, money laundering, fraud or terrorist financing)?
p) Does your institution maintain Nested Accounts (ie do you allow
other financial institutions to operate directly through your Millenniumbcp correspondent account)?
q) Does your institution maintain Payable Through Accounts (ie do you allow
your customers direct access to your account at another correspondent bank)?
X Yes
Yes
Yes
No X No X No
17. Does your institution provide services to the following types of financial institutions:
a) Foreign Financial Institutions (see Appendix A for the definition) X Yes No
b) Offshore Banks (see Appendix A for the definition) X Yes No
c) Internet Banks (see Appendix A for the definition) Yes X No
d) Money Service Businesses including money transmitters (see Appendix A for the definition) Yes X No
No, except as agent of Western Union Payment Services Ireland Ltd.
e) Internet Gambling Companies (see Appendix A for the definition) Yes X No
f) Shell Banks (See Appendix A for the definition) Yes X No
18. If you answered “Yes” to any of the items in Question 17, does your institution’s policies, procedures and monitoring specifically outline how to mitigate the potential risks associated with these higher risk customer types?
X Yes (Answer 18a)
No
18a) How does your institution mitigate the risk associated with these customers? With a complete and exhaustive customer due diligence process on such clients and EDD on its transactions.
IV. GENERAL COMPLIANCE QUESTIONS
19. Do you comply with FATF Special Recommendation VII? (see Appendix A)
X Yes No (Answer 19a)
19a) If No, when do you propose to comply?
20. Has your institution had any regulatory or criminal enforcement actions resulting from violations of anti-money laundering laws or regulations in the past five years?
Yes (Answer 20a)
X No
20a) If Yes, please provide explanation.
21. Has your institution, to your knowledge, been the subject of any investigation, indictment, conviction or civil enforcement action related to financing terrorists in the past five years?
Yes (Answer 21a)
X No
21a) If Yes, please provide explanation.
BAN
CO
CO
MERCIA
L P
ORTU
GU
ÊS,
S.A
, Socie
dade A
bert
a,
com
se
de n
a P
raça D
.João I,
28,
Port
o,
o C
apit
al So
cia
l de 3
.000.0
00.0
00 e
uro
s,
matr
icula
da n
a C
onse
rvató
ria d
o R
egis
to C
om
erc
ial do P
ort
o so
b o núm
ero
únic
o de m
atr
ícula
e
de id
enti
ficação fi
scal 5
01 5
25 8
82
5
I confirm that, to the best of my knowledge, the above information is current, accurate and reflective of my institution’s anti-money laundering policies.
Signature:
Title: António Pedro Oliveira - Group Head of Compliance
Date: June 06th, 2012
Appendix A
Questions 10 and 17: Offshore Bank - a bank with a license to conduct banking activities that, as a condition of the license, prohibits the licensed entity from conducting banking activities with the citizens, or in the local currency of, the jurisdiction that issued the license. Question 16: Politically Exposed Person (PEP) - a natural persons who hold or who have held up to the previous twelve months prominent public or political functions and immediate family members, or persons known to be close associates of such persons through a business or commercial relationship. For the purposes of this paragraph: a) “Prominent public or political functions” is understood as:
i) Heads of State, heads of government, ministers and deputy or assistant ministers; ii) Members of parliaments, or members of parliamentary chambers; iii) Members of supreme courts, constitutional courts or other high-level judicial bodies whose decisions are not subject to further appeal, except in exceptional circumstances; iv) Members of management or auditing boards of central banks; v) Ambassadors and heads of diplomatic missions and consulates; vi) High-ranking officers in the armed forces; vii) Members of the management and auditing boards of State-owned enterprises and corporations in which the State holds exclusively or the majority of the capital, public institutes, public foundations, public establishments, irrespective of their specific name, including the management boards of companies belonging to the regional and local corporate sectors; viii) Members of the executive bodies of the European Communities and the European Central Bank; ix) Members of executive bodies of international law organizations;
b) “Immediate family members” shall include:
i) The spouse or partner; ii) The parents, the children and their spouses or partners;
BAN
CO
CO
MERCIA
L P
ORTU
GU
ÊS,
S.A
, Socie
dade A
bert
a,
com
se
de n
a P
raça D
.João I,
28,
Port
o,
o C
apit
al So
cia
l de 3
.000.0
00.0
00 e
uro
s,
matr
icula
da n
a C
onse
rvató
ria d
o R
egis
to C
om
erc
ial do P
ort
o so
b o núm
ero
únic
o de m
atr
ícula
e
de id
enti
ficação fi
scal 5
01 5
25 8
82
6
c) "Persons known to have a close company or business relationship":
i) Any natural person who is known to have joint beneficial ownership of legal persons or legal arrangements, or any other close business relations, with a person entrusted with prominent public or political functions; ii) Any natural person who has ownership of the capital stock or voting rights of a legal person or legal arrangement which is known to have as sole beneficial owner a person entrusted with prominent public or political functions.
Question 17: Foreign Financial Institution – an entity, located outside of your country, operating in the financial sector, including but not limited to banks, exchange houses, brokerage houses, etc. Internet Bank – a bank operating solely on the Internet, without any physical offices. Money Service Business – any entity providing one or several of the following services:
Product or Service Capacity (Type of MSB)
Money Orders Issuer of money orders Seller of money orders Redeemer of money orders
Traveler's Checks Issuer of traveler's checks Seller of traveler's checks Redeemer of traveler's checks
Money Transmission Money transmitter
Check Cashing Check casher
Currency Exchange Currency exchanger
Currency Dealing Currency dealer
Stored Value Issuer of stored value Seller of stored value Redeemer of stored value
Internet Gambling Company – a company that provides online gambling services. Shell Bank - a Shell Bank is defined as a bank incorporated in a jurisdiction in which it has no physical presence and which is unaffiliated with a regulated financial group. Question 19 The Financial Action Task Force Special Recommendation VII (FATF SR VII) The Financial Action Task Force's Special Recommendation VII (FATF SR VII) on Terrorist Financing suggested that wire transfers contain accurate and meaningful originator information, and that financial institutions implement monitoring programs to detect payments lacking such information. 'Accurate and meaningful' is defined as originator name, address and account number. Starting on January 1st of 2007, these recommendations were passed into law in the EU, EEA countries, Hong Kong, India, Singapore and Afghanistan. Japan is expected to pass their version of this recommendation in September 2007. Financial institutions that regularly omit originator information can find their payments refused by financial institutions covered by such legislation.
