Criminal Asset Recovery Order, 2012 · As enacted · Chapter I
10. Identification and account-opening for cross-border correspondent banking relationships
Official textFrom Attorney General's Chambers, unchanged
When entering into cross-border correspondent banking relationships, financial institutions shall -
fa} identify and verify the identification of respondent institutions with which they conduct correspondent banking relationships;
collect information on the nature of the respondent institution's activities;
based on publicly-available information, evaluate the respondent institution's reputation and the nature of supervision to which it is subject;
obtain approval from senior management before establishing a correspondent banking relationship;
evaluate the control~ implemented by the respondent institution with respect to anti-money laundering and combating the financing of terrorism;
establish an agreement on the respective responsibilities of each party under the relationship;
in the case of a payable-through account, ensure that the respondent institution has verified its customer's identity, has implemented mechanisms for ongoing monitoring with respect to its customers, and is capable of providing relevant identifying information on request;
not enter into or continue business relations with a shell bank; and
{i} not enter into or continue business relations with a respondent financial institution in a foreign country if the respondent institution permits its accounts to be used by a shell bank.
lnability to fulfil customer identification obligations.
Chapter II
Chapter III
Part III
Cross Border Movements of Physical Currency and Bearer Negotiable Instruments
Part IV
Restraining Orders, Confiscation Orders, Benefit Recovery Orders, Non-Conviction Based Forfeiture Orders and Unexplained Wealth Declarations
Chapter IV
Chapter LI
Part VI
Part VII
Part VIII