Annexes - Instruction 15

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DSIF ANNEX

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ANNUAL LBC/FT QUESTIONNAIRE

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ORGANIZATION OF THE LBC/FT FRAMEWORK

QUESTION NO.	DESCRIPTION	RESPONSES
1	Does your bank have procedures covering all its activities?
2	Do the provisions in the procedures remind staff that they are protected from legal action in case of good faith transmission of a Suspicious Transaction Report (STR)?
3	Has your bank appointed an officer responsible for preventing money laundering and terrorist financing within its DRC branch?
4	If your bank has a foreign subsidiary or branch, have you appointed a competent AML/CFT officer responsible for the entire group?
5	Does a management member ensure, under the Board of Directors' supervision, the coordination of all devices contributing to the AML/CFT mission?
6	Do personnel responsible for ensuring the coherence and effectiveness of the AML/CFT prevention framework perform other operational tasks?
7	Has the executive body been informed of any event affecting the integrity of the AML/CFT prevention officer?
8	Is it provided that any event affecting the integrity of the AML/CFT prevention officer is communicated to the BCC (Central Bank)?
9	Is the AML/CFT officer directly attached to General Management?
10	Have all staff members received training on AML/CFT adapted to their functions?
11	Has the bank implemented an awareness program for all staff regarding the detection of atypical operations?
12	Do procedures provide for the retention for 10 years of documents and records related to client identity, including account books, commercial correspondence, and results of any analysis?

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RISK ASSESSMENT

QUESTION NO.	DESCRIPTION	RESPONSES
	Risk Assessment and Classification
1	Has the AML/CFT risk mapping been formalized and documented in writing (paper or electronic)?
2	Is the risk mapping updated whenever an event requires it and at least once a year? (indicate in comments the date of the last update)
3	Has the risk mapping been approved by the deliberative body?
4	To establish the risk mapping, have the following elements been analyzed:
4a	risks related to your bank's clientele?
4b	risks related to the products and services offered by your bank?
4c	risks related to specific countries or geographic zones?
4d	risks related to the distribution channels used by your bank?
4e	risks related to money laundering?
4f	risks related to terrorist financing?
4g	risks related to the provision of services and/or execution of operations subject to financial sanctions, embargoes, and/or other restrictive measures?
5	Was the risk mapping established under the responsibility of the AML/CFT officer?
6	Is there a control on the relevance of the AML/CFT risk mapping?
7	Has your bank conducted a general risk assessment during which the risks to which it is exposed in AML/CFT were identified and evaluated?
8	Is there a control on the coherence between the AML/CFT risk mapping and the procedures implemented by operational lines?
9	Does your bank have a formalized client acceptance policy in an internal procedure approved by the deliberative body, taking into account the risk mapping?
10	(indicate in comments the total number of persons or entities that, over the past year, despite meeting your company's client acceptance criteria, were refused for AML/CFT-related reasons)
	Is the client acceptance policy updated at least once a year? (indicate in comments the date of the last update and events leading to it)

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IMPLEMENTATION OF TARGETED FINANCIAL SANCTIONS

QUESTION NO.	DESCRIPTION	RESPONSES
	Application of Asset Freeze Measures and Availability Prohibition
1	Does your bank have a device adapted to its activities' characteristics to ensure that no funds are made available to a person or entity subject to an asset freeze?
2	Does this device allow detection as soon as a national or international asset freeze measure enters into force:
2a	* a person or entity whose funds are frozen before any business relationship is established or operation executed with an occasional client?
2b	* a business relationship in progress with a person or entity subject to a freeze?
2c	* the funds or other assets received or held for the client subject to such a measure?
2d	* the funds or other assets not belonging to a person/entity subject to an asset freeze but controlled by them?
3	Does your bank's device allow systematic prior control before offering services if the following persons appear on national and UN Security Council sanctions lists? (indicate in comments if your bank uses an automated system, manual comparison, or a combination)
3a	new clients
3b	their agents/proxies
3c	beneficial owners linked to client relationships (beneficial owners of clients, beneficial owners of client agents, etc.)
4	Does your bank's device allow control during the execution or receipt of international transfers (payments made to or received from persons/entities outside DRC) if the client's counterparties appear on sanctions lists or if other transfer information shows correspondence with these lists?
5	Does your bank's device allow control during the execution or receipt of national transfers (payments within DRC) if client counterparties appear on sanctions lists or if other transfer information shows correspondence?
6	Does your bank's device allow control during the granting of facilities (e.g., payments, reimbursements, credits) if a party in presence might have been sanctioned?
7	Are instructions for handling alerts mentioned in procedures distributed to staff members?
8	Does your bank have procedures clarifying how to act when it is confirmed that one of its clients (or a related party) actually appears on sanctions lists? (e.g., fund/asset freeze procedure, appropriate hierarchical level intervention, reporting to the Ministry of Finance, etc.)
9	Do procedures mention how bank staff should search for possible correspondence between client/related party data (agents, beneficial owners, counterparties) and sanctions lists to decide whether it is a false or effective correspondence?
10	Is the obligation to promptly inform the National Financial Intelligence Cell (CENAREF) of the existence of funds or other assets belonging to persons/entities subject to a freeze decision mentioned in bank procedures?
11	Have controls (internal control or audit) been conducted to ensure the implementation of asset freeze measures upon their entry into force? (in comments specify the date of the last control on the asset freeze device)

For Official Use

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INTERNAL CONTROL

QUESTION NO.	DESCRIPTION	RESPONSES
	Organization of the Internal Control Device
1	Has your bank implemented internal control procedures including the following points?
1a	identification
1b	implementation of constant vigilance measures
1c	implementation of simplified vigilance measures
1d	implementation of enhanced vigilance measures
1e	detection of unusual or suspicious operations
1f	implementation of enhanced examination procedures
1g	retention of documents
1h	obligation to report suspicions to the National Financial Intelligence Cell (CENAREF)
1i	periodic control to ensure compliance
2	Does permanent control verify knowledge of the business relationship according to risk?
2a	handling of alerts
2b	reporting diligences
2c	transmission modalities of declarations
3	updating the AML/CFT risk mapping?
3a	coherence between risk mapping and LCB/FT procedures
3b	effectiveness of the detection and analysis device for atypical operations
3c	effectiveness and relevance of controls implemented by permanent control in AML/CFT matters

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SUSPICIOUS TRANSACTION REPORTING AND CENAREF CORRESPONDENT

QUESTION NO.	DESCRIPTION	RESPONSES
	SUSPICIOUS OPERATION DECLARATIONS TO CENAREF
1	Do procedures provide that a suspicion declaration must be made as soon as the account manager knows, suspects, or has good reasons to suspect that the amounts in the books, the operation, or the relationship are related to money laundering or terrorist financing?
2	Do procedures provide for declaring fund transfer attempts, cash deposits, or electronic money transactions with a unit amount equal to or greater than USD 10,000?
3	Do procedures provide for declaring suspicious operations to CENAREF?
4	Do procedures provide that analysis elements and precise analysis details must appear on the suspicion declaration?
4a	* When transmitting the declaration to CENAREF prior to operation execution, in particular:
4b	* Any information that could inform or modify elements contained in a suspicion declaration must be communicated to CENAREF appropriately for the specific case?
4c	* Do procedures provide that bank staff must maintain confidentiality and the reserved follow-up for any declaration?
5	Do procedures provide that staff must declare to CENAREF the following operations?
6	* Any operation where the identity of the order giver or beneficiary remains doubtful despite identification diligences?
6a	* Operations with a trust fund or other wealth management instrument where the identity of settlors or beneficiaries is unknown?
6b	* Operations that have been subject to an alert, if applicable, and the prescribed enhanced examination under Article 46?
CENAREF CORRESPONDENT
1	Are the names of CENAREF correspondents communicated to CENAREF upon their appointment? (if negative, mention in comments the responsible person and device organization without a designated correspondent)
2	Do the identity and contact details of correspondents appear in the bank's anti-money laundering procedures?

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CONSTANT VIGILANCE OBLIGATION REGARDING AML/CFT RISKS

QUESTION NO.	DESCRIPTION	RESPONSES
	Client Identification
1	Has your bank implemented a system to detect cash deposits and withdrawals with an amount equal to or greater than the CDF equivalent of USD 10,000?
2	Do procedures provide to enter into a business relationship or assist the client in preparing/executing an operation where your bank:
	identifies the client and, if applicable, the beneficial owner of the business relationship?
	collects information on clients' professional, economic, and financial situations based on risks presented in the business relationship?
3	What are the accepted documents for identification diligences defined in a procedure?
	voter card
	refugee card issued by the National Commission for Refugees
	national identity card
	passport
	student card certified by a state-recognized university
	army or police card
	village chief or neighborhood chief card
	list of beneficiaries of social programs duly identified by competent authorities or the Social Fund of DRC
	birth certificate
4	Are client identification information updated as needed to maintain complete knowledge of clients? (If yes, provide in comments the date of last update or questionnaire signature and operation modalities)
5	What are the documents or situations where the account manager must admit a new client with the opinion of their superior?
6	If verifying the client and, if applicable, the beneficial owner or collecting information on the object and nature of the business relationship is difficult, do procedures provide that your bank refrains from establishing the business relationship? (If yes, indicate in comments the reference of this internal procedure)
8	Does the procedure explicitly state the vigilance measures to be implemented in the presence of an occasional client?
9	Does your bank have procedures or a device to determine if the client or a beneficial owner is a Politically Exposed Person (PEP)?
	upon establishing or during the business relationship?
Question NO.	Operation Surveillance
1	Do your bank's procedures require enhanced surveillance on operations executed for a certain category of clients (individuals or legal entities, notably notaries, accountants, companies that habitually perform intermediation, advice, and assistance in wealth management)?
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2	Do your bank's procedures require the implementation of enhanced vigilance regarding operations executed by persons whose mail is domiciled with a third party in a PO box at a credit institution or who change address frequently? (If yes, provide comments with reference to said procedure)
3	Do enhanced vigilance procedures cover higher AML/CFT risks other than those provided by regulation?
	simplified vigilance measures for lower AML/CFT risks other than those provided by regulation?
6	Are the enhanced vigilance measures specified in questions 2a and 2b detailed in the procedure?
7	Do internal instructions prohibit opening anonymous or fictitious name accounts?
8	Do your bank's procedures provide that complementary vigilance measures are applied to clients in the following cases?
	client or legal representative is not physically present for identification?
	client is a politically exposed person?
	product or operation favors anonymity?
	operations in favor of individuals or legal entities registered/established in tax havens or states on the FATF grey or black list?
9	Do your bank's procedures provide for systematic distribution of the lists mentioned in the previous question to all concerned staff?
10	Indicate your bank's procedures explaining the complementary measures specified in question 8.
10	Has your bank implemented a procedure providing for enhanced examination of any particularly complex operation, i.e.:
	an operation with the following characteristics:
	unusually high amount?
	an operation that does not appear to have economic justification?
	an operation without lawful object?
11	Do internal instructions provide for recording in the framework of an enhanced examination the justifications of the analysis that led to closing the examination?
Question NO.	Vigilance Procedures for Correspondence Banking
1	Prior to concluding a correspondence banking, collection, or check discounting service agreement, or establishing a business relationship for financial instrument distribution, does your bank perform the following diligences?
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	collect sufficient information from the counterparty institution to know its activities' nature, assess its reputation and quality of surveillance regarding statutes, governance reports, internal control, AML/CFT device, audit reports, etc.?
	verify if the institution has been subject to recent sanctions by its supervisory authority due to shortcomings in its AML/CFT device?
	provide in the correspondence banking or financial instrument distribution agreement the modalities for prompt transmission of information on clients and their operations between counterparty institutions?

For Official Use

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MONTHLY AML/CFT REPORTING

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AML/CFT SURVEILLANCE FRAMEWORK

CODE	DESCRIPTION	VALUE
LAB1	Constant vigilance
LAB2	Number of operations not appearing to have economic justification (this month)
LAB3	Number of operations not appearing to have a lawful object (this month)
LAB4	Number of unusual or suspicious operations (this month)
LAB5	Number of cash operations equal to or greater than USD 10,000 (this month)
LAB6	Number of cash operations greater than USD 9,000 and less than USD 10,000 (this month)
LAB7	Number of clients with a high-risk profile
LAB8	Number of clients with a medium-risk profile
LAB9	Number of clients with a low-risk profile
LAB10	Amount of operations for high-risk clients (this month)
LAB11	Amount of operations for medium-risk clients (this month)
LAB12	Amount of operations for low-risk clients (this month)
LAB13	Total amount of client operations (this month)
LAB14	Amount of operations with PEPs
LAB15	Number of PEPs
LAB16	Suspicion declaration
LAB17	Number of suspicions declared to CENAREF (this month)
LAB18	Organization of the AML/CFT device
LAB19	Number of agents who completed AML/CFT training (this month)
LAB20	Total number of agents
LAB21	Number of accounts
LAB22	Number of non-resident accounts
LAB23	Number of operations with foreign entities (this month)
LAB24	Amount of cash imports (this month)

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LOCATION

CODE	DESCRIPTION	VALUE
LAB1	Presence of group entities (e.g., sister company or parent company) of the Congolese entity in one of the following countries:
LAB2	a) Republic of Congo, Rwanda, South Sudan, Tanzania, Angola, Central African Republic, Uganda, Zambia, Burundi?
LAB3	b) Grey list?
LAB4	c) Black list?
LAB5	d) Offshore centers or territories?
LAB6	e) Other countries
LAB7	What is the distribution of the client portfolio by location:
LAB8	a) Total number of clients in DRC - Excluding those who opened accounts in agencies located in the following provinces: North Kivu, South Kivu, Ituri, Maniema, Haut-Uele, Bas-Uele (this month)
LAB9	b-i) Total number of clients in DRC who opened accounts in the following provinces: North Kivu (this month)
LAB10	b-ii) Total number of clients in DRC who opened accounts in the following provinces: South Kivu (this month)
LAB11	b-iii) Total number of clients in DRC who opened accounts in the following provinces: Ituri (this month)
LAB12	b-iv) Total number of clients in DRC who opened accounts in the following provinces: Maniema (this month)
LAB13	b-v) Total number of clients in DRC who opened accounts in the following provinces: Haut-Uele (this month)
LAB14	b-vi) Total number of clients in DRC who opened accounts in the following provinces: Bas-Uele (this month)
LAB15	c) Number of clients in Congo, Rwanda, South Sudan, Tanzania, Angola, Central African Republic, Uganda, Zambia