2018
\·'lONEY LAUNDERII<G Ai'H) PROCEl:!DS OF
CRnvrE A:Vllii';'DMENT
No. 12
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(3) The Director General may issue a directive to financial institutions and
designated non-financial businesses or professions, pmhibiting or restricting business
relationships \Vith other financial institutions or designated non-financial businesses or
professions, as specified in such directive, which, in the Director-General's opinion, do
not adequately implement measures to combat money Iaunde1ing and ten01ist financing.
10
Amendment of section 21 of Cap. 9:24
Section 21 ("Customer identification and account-opening for cross-border
correspondent banking relationships") of the ptincipal Act is amended by the insertion
after paragraph (e) of the following paragraphs-"(e 1) satisfy itself that where any of their accounts are accessed by any of the
respondent tlnancial institution's customers, the respondent financial
institution-
11
(i)
has carried out measures equivalent to those set out in sections
15 to 20 in respect of those customers; and
(ii)
is able to provide the correspondent financial institutions, on
request, with all relevant information obtained about those
customers as a result of those measures;".
Amendment of section 25 of Cap. 9:24
Section 25 ("Internal programmes to combat money laundering and financing of
terrorism") of the principal Act is amended(a)
in subsection (1) by the inse1iion, after the word ''terrorism" of "taking
into account the money laundering and terrorist financing risks and size
of the business";
(b)
by the repeal of subsection (4) and the substitution of-"(4) A financial institution which is p<ut of a financial group
shall, in respect of its majority owned subsidiaries and branches, if
any, \Vhether local or foreign, implement group-wide programmes for
combating money laundering and terrorist financing, as prescribed by
or under this Act, including--
(c)
(a)
measures set out under subsection (1);
(b)
IX)licies and procedures for sharing infonnation required
for purposes of customer due diligence and money
laundering and terrorist financing risk assessment;
(c)
adequate safeguards on the confidentiality and use of
information exchanged."
by the insertion of the following subsections after subsection (4)"(5) In respect of its foreign subsidimies or branches, the financial
institution shall ensure compliance with the requirements of this section
to the extent that applicable laws and regulations in the host country
pe1mit.
(6) If the laws of the country where the majority owned
subsidiary or branch is situated prohibit compliance \Vith these
obligations, the financial institution shall so advise its supervisory
authmity.".
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New section inserted in Cap. 9:24
The principal Act is amended by the insertion of the following section after
section 26 --
527
Select target paragraph3
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