How to Report Proliferation Financing Funds in your possession (ESR): AML Compliance Consultants

The purpose of the Economic Sanctions (Implementation of United Nations Resolution on the Democratic Republic of Korea) Order, 2018 and the Economic Sanctions (Implementation of United Nations Resolution on the Islamic Republic of Iran) Order, 2018 is to implement measures to prevent and disrupt the financing of the proliferation of weapons of mass destruction which constitutes a substantial threat to both domestic and international peace and security.

The Economic Sanctions (Implementation of United Nations Resolution on the Democratic Republic of Korea) Order 2018  and the Economic Sanctions (Implementation of United Nations Resolution on the Democratic Republic of Iran) Order 2018 seeks to put measures in place to prevent the proliferation of weapons of mass destruction (WMD) . The Proliferation of weapons of mass destruction poses a clear and present danger to global peace and security.

Listed Businesses (LBs) and Financial Institutions (FIs) must consult the list of entities which have been subject of a freezing Order by the Supreme Court in Trinidad and Tobago and inform the Financial Intelligence Uni (FIU) where the FI or LB knows or has reasonably suspects that an entity named in the Court Order has property or funds in the FI or LB; or

A transaction is being conducted by an individual involving property or money owned or controlled by an entity named in the Court Order.The prescribed form is the Economic Sanctions Reporting Form.

Antoinette Sydney LLB LEC CAMLFC CFRMP, is an author and entrepreneur based in Trinidad and Tobago.

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The content herein is only for informational and educational purposes and does not constitute legal advice. Please be advised that no attorney/client relationship is created by the publishing of this content. You should consult with your attorney at law for independent legal advice.

No representations or warranties are made about the suitability, comprehensiveness and or accuracy of the information and other content contained on this channel. It should be noted that legal information and content can become out of date and I give no undertaking to keep this blog up to date. All liability for any loss or damage of any kind which may be suffered as a result of accessing and using the information and or content of this blog is hereby excluded to the full extent permitted by law.

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Obligations of a Listed Business under Anti-Money Laundering laws and regulations: Trinidad Online Lawyer

The most important obligation of a listed business is to register with the Financial Intelligence Unit (FIU) .The following represents a list of other obligations:

1.To report suspicious transactions and activities

2.To obtain and verify customer information in accordance with Regulations 15 and 16 of the Financial Obligations Regulations (FORs) ;

3.To keep records of customer information for 6 years (Regulation 31 of the FORs);

4.To provide the FIU with a copy of those records once requested in writing;

5.To provide Law Enforcement Agencies with a copy of those records once requested in writing;

6.No tipping off in accordance with section 51 Proceeds of Crime Act (POCA);

7.To reference every customer’s name against the 3 Sanction lists (UN 2253 List, FATF List of Non- Cooperative Countries and Territories and the TT Consolidated List of High Court Orders .

8.To conduct Enhanced Due Diligence (EDD) on PEPS in accordance with regulation 20 of the FORs ;

9.To conduct an internal and external Anti Money Laundering Audit annually;

10.To attend AML training every year;

11.To conduct Due Diligence on new employees (KYE).

About the Author: Antoinette Sydney LLB LEC CAMLFC CFRMP,is an author and entrepreneur based in Trinidad and Tobago.

Blog: https://sydneygroupblog.wordpress.com/

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Disclaimer:
The content herein is only for informational and educational purposes and does not constitute legal advice. Please be advised that no attorney/client relationship is created by the publishing of this content. You should consult with your attorney at law for independent legal advice.

No representations or warranties are made about the suitability, comprehensiveness and or accuracy of the information and other content contained on this channel. It should be noted that legal information and content can become out of date and I give no undertaking to keep this blog up to date. All liability for any loss or damage of any kind which may be suffered as a result of accessing and using the information and or content of this blog is hereby excluded to the full extent permitted by law.

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What should an Individual Customer Information Form (CIF) contain

Customer Information

Full name;

Date & Country of birth;

Nationality-Important to determine whether the customer is a Non Resident

Permanent Residential Address-PO Box or Bag addresses will not suffice

Email Address

Verification of Customer identity and Address

2 forms of valid, government issued , photo ID

Permanent Address-The customers address must be reflected on the Proof of Address submitted, ie TTEC,WASA, CABLE,.

Employer’s name & contact #-By contacting the employer , all doubts as to the veracity of the job letter will be removed. It will be revealed whether the customer is actually employed by the company on the job letter.

Occupation/Nature of Business-For self employed persons, sole traders. Submit proof eg job letter, payslip.;

Occupational Income-Submit proof eg job letter, payslip.

If self employed-Please state what services or products are offered and provide proof;

Are you a Non Resident ?-Please provide foreign bank reference letter.

Beneficial Owner Information

The Name of the Beneficial Owner-The natural person(s) who ultimately owns or controls a customer and/or the natural person on whose behalf a transaction is being conducted. It also includes those persons who exercise ultimate effective control over a legal person or arrangement.” FATF

Politically Exposed Person (PEP)

Source of Wealth Declaration (only applies to PEPs and High risk Customers) .

Source of Wealth– refers to the origin of the customer’s entire body of wealth, ie their total assets- since they are PEPs , they are more susceptible to bribes and corruption

Source of Funds Declaration ( applies to all customers)

Source of funds refers to the activity that generated the funds and the location thereof to be used to finance the transaction eg salary payments in savings account at ACB.

Customer Declaration

Signature of Customer

For Compliance Review

UN 2253 List;

FATF Non-Cooperative Countries and Territories;

TT Consolidated List of Court Orders;

About the Author: Antoinette Sydney LLB LEC CAMLFC CFRMP is an author and entrepreneur based in Trinidad and Tobago.

Blog: https://sydneygroupblog.wordpress.com/

Linked In: https://tt.linkedin.com/in/antoinette-sydney-77093550

Instagram: https://www.instagram.com/asydneygrouptt/?hl=en

Facebook: https://www.facebook.com/sydneygrouptt/

Disclaimer:
The content herein is only for informational and educational purposes and does not constitute legal advice. Please be advised that no attorney/client relationship is created by the publishing of this content. You should consult with your attorney at law for independent legal advice.

No representations or warranties are made about the suitability, comprehensiveness and or accuracy of the information and other content contained on this channel. It should be noted that legal information and content can become out of date and I give no undertaking to keep this blog up to date. All liability for any loss or damage of any kind which may be suffered as a result of accessing and using the information and or content of this blog is hereby excluded to the full extent permitted by law.

Youtube: https://www.youtube.com/channel/UC8-sUa8WMDJM8w5_Q3nhQ5w

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