Money Laundering and Proceeds of Crime Act
Act No. 4/2013
(b) closely examining the transactions carried out in order to ensure that such transactions
are consistent with their knowledge of their customer, and the customer’s commercial
or personal activities and risk profile; and
(c) ensuring the obligations pursuant to sections 19, 20 and 21 relating to high risk
customers, politically-exposed persons, and correspondent banking relationships are
fulfilled.
(2) Financial institutions and designated non-financial business and professions shall—
(a) pay special attention to all complex, unusual large transactions and all unusual patterns
of transactions which have no apparent economic or visible lawful purpose; and
(b) pay special attention to business relations and transactions with persons, including
legal persons and arrangements, from or in incompliant or insufficiently compliant
jurisdictions; and
(c) examine as far as possible the background and purpose of transactions under
paragraphs (a) and (b) and set forth in writing their findings; and
(d) take such specific measures as may be prescribed by directive from time to time to
counter the risks with respect to business relations and transactions specified under
paragraph (b).
(3) The findings referenced in subsection (2)(c) shall be maintained as specified in section
24, and be made available promptly if requested by the Unit or by a foreign counterpart agency,
a competent supervisory authority or other authority prescribed by the Minister.
27 Obligations regarding wire transfers
(1) When undertaking wire transfers equal to or exceeding one thousand United States
dollars financial institutions (or such lesser or greater amount as may be prescribed), shall—
(a) identify and verify the identity of the originator;
(b) obtain and maintain the account number of the originator or, in the absence of an
account number, a unique reference number;
(c) obtain and maintain the originator’s address or, in the absence of address, the
originator’s national identity number or date and place of birth; and
(d) include information referred to in paragraphs (a), (b) and (c) in the message or
payment form accompanying the transfer.
(2) Despite the foregoing requirements, a financial institution is not required to verify the
identity of a customer with which it has an existing business relationship, provided that it is
satisfied that it already knows and has verified the true identity of the customer.
(3) When a financial institution acts as an intermediary in a chain of payments, it shall
retransmit all of the information it received with the wire transfer.
(4) A directive modify the requirements set forth in subsection (1)—
(a) with respect to domestic wire transfers, as long as the directive provides for full
originator information to be made available to the beneficiary financial institution and
appropriate authorities by other means; and
(b) with respect to cross-border transfers where individual transfers from a single
originator are bundled in a batch file, as long as the directive provides for the
originator’s account number or unique reference number to be included, and that the
batch file contains full originator information that is fully traceable in the recipient
country.
(5) Subsections (1) and (2) do not apply to transfers—
(a) executed as a result of credit card or debit card transactions, provided that the credit
card or debit card number accompanies the transfer resulting from the transaction;
(b) between financial institutions acting for their own account.
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