Money Laundering and Proceeds of Crime Act
Act No. 4/2013
(b) allows withdrawals or transfers of funds or other assets; or
(c) pays negotiable or transferable instruments or payment orders on behalf of any
other person;
and includes any facility or arrangement for a safety deposit box or for any other form
of safe deposit;
“beneficial owner” means—
(a) a natural person who ultimately owns or controls the rights to or benefits from
property, including the person on whose behalf a transaction is conducted; or
(b) a person who exercises ultimate effective control over a legal person or legal
arrangement;
“correspondent banking service” means the provision of banking, payment and other
services by one financial institution (the “correspondent financial institution”) to
another financial institution (the “respondent financial institution”) to enable the latter
to provide services and products to its own customers, and “correspondent banking
relationship” shall be construed accordingly;
“customer” means any of the following—
(a)
the person for whom a transaction or account is arranged, opened or undertaken;
(b) a signatory to a transaction or account;
(c) any person to whom an account or rights or obligations under a transaction have
been assigned or transferred;
(d) any person who is authorised to conduct a transaction or control an account;
(e) any person who attempts to take any of the actions referred to above;
(f) the client of a legal or accounting professional;
(g) such other person as may be prescribed;
“customer identification and verification” means identifying a customer and verifying the
customer’s identity by means of an identity document as and when required by this
Act;
“dangerous drug” has the meaning given to it by Chapter VII of the Criminal Law Code;
“designated non-financial business or profession” means any of the following—
(a) a casino licensee, lottery licensee or other person licensed or required to be
licensed under the Lotteries and Gaming Act [Chapter 10:26] (No. 26 of 1998)
(hereinafter in this Act called a “gaming operator”);
(b) an estate agent registered or required to be registered under the Estate Agents Act
[Chapter 27:17] (No. 6 of 1999) (hereinafter in this Act called an “estate agent”);
(c) a licensed dealer or permit holder, or person required to be licensed or hold a
permit, in terms of the Precious Stones Trade Act [Chapter 21:06] (hereinafter in
this Act called a “precious stones dealer”);
(d) any person licensed, permitted or required to be licensed or permitted in terms of
the Gold Trade Act [Chapter 21:03], to deal in gold, engage in gold recovery
works, assay gold or acquire or be in possession or dispose of gold (hereinafter in
this Act called a “precious metals dealer”);
(e) any person engaged in the mining or exportation of, or dealing in—
(i) platinum or a platinoid metal in any form whatsoever; or
(ii) any article or substance containing platinum or a platinoid metal (not
including a manufactured article which is an article of commerce, an
item of jewellery or a work of art)
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