2009-03-17
Added · Updated
The Bank of Greece Banking and Credit Committee has issued a revised supervisory decision requiring all supervised credit and financial institutions to implement comprehensive anti-money laundering and counter-terrorist financing frameworks. The regulation mandates that institutions adopt board-approved AML/CFT policies, appoint independent Compliance Officers, and apply a risk-based approach to customer due diligence and transaction monitoring. Additionally, it establishes strict reporting obligations, including the submission of annual compliance reports and suspicious activity alerts to the relevant authorities, while outlining detailed duties for internal controls and staff training.
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BANKING AND CREDIT MATTERS COMMITTEE
Meeting 281/17.3.2009
Item 5: Prevention of the use of credit and financial institutions under Bank of Greece supervision for money laundering and terrorist financing
THE BANKING AND CREDIT COMMITTEE, having regard to:
(a) the provisions of the Statute of the Bank of Greece, in particular Article 55A, as currently in force; (b) Article 1 of Law 1266/1982 “Bodies responsible for conducting monetary, credit and foreign exchange policies, and other provisions”, as currently in force; (c) Law 3601/2007 “Taking up and pursuit of the business of credit institutions, capital adequacy of credit institutions and investment firms, and other provisions”; (d) the provisions of Law 3691/2008 “Prevention and suppression of money laundering and terrorist financing, and other provisions” (hereinafter referred to as “the Law”), with respect to the obligations of the Bank of Greece as the competent authority, for the purposes of the Law, for supervising compliance of the credit and financial institutions referred to in Article 6(2) of the Law and the provisions of Article 6(3)-(5) of the Law; (e) Bank of Greece Governor’s Act 336/1984, as currently in force; (f) the provisions of Bank of Greece Governor’s Act 2577/2006 “Framework of operational principles and criteria for the evaluation of the organisation of Internal Control Systems of credit and financial institutions and relevant powers of their management bodies”, as currently in force; (g) Banking and Credit Matters Committee Decision 231/4/13.10.2006, as currently in force, supplementing Bank of Greece Governor’s Act 2577/2006 by adding Annex 4 “Prevention of the use of the financial system for money laundering and terrorist financing”; (h) the provisions of Directive 2005/60/EC of the European Parliament and of the Council on the prevention of the use of the financial system for the purpose of money laundering and
terrorist financing and of Directive 2006/70/EC laying down implementing measures for Directive 2005/60/EC of the European Parliament and of the Council as regards the definition of ‘politically exposed person’ and the technical criteria for simplified customer due diligence procedures and for exemption on grounds of a financial activity conducted on an occasional or very limited basis; (i) Regulation 1781/2006 of the European Parliament and of the Council on information on the payer accompanying transfers of funds; and j) the need to amend and supplement the current regulatory framework according to the provisions of Law 3691/2008, HAS DECIDED:
to replace Banking and Credit Matters Committee Decision 231/4/13.10.2006 and revise the supervisory framework on the prevention of the use of institutions supervised by the Bank of Greece for money laundering (hereinafter referred to as “ML”) and financing of terrorism (hereinafter referred to as “FT”) as follows:
(i) Adopt and implement adequate and appropriate measures for specialising this policy and procedures relating to:
(a) due diligence, according to the provisions of Chapters C and D of Law 3691/2008, with respect to the customer and the beneficial owner, within the meaning of Article 4(16) of the Law; (b) reporting of suspicious transactions in accordance with Article 26 of the Law; (c) record-keeping in accordance with Article 35 of the Law; (d) internal control of implementation of these procedures by both their central services and their network of outlets; (e) continuous ML/FT risk assessment and continuous assessment of compliance with the regulatory framework, so that the CI may identify, prevent, avert and report transactions whereby the offences referred to in Article 2 of Law 3691/2008 are possibly committed. CIs shall lay down and review on a regular basis their customer acceptance policy and unacceptable risk criteria after a thorough assessment of the risks from existing and new customers, transactions, the countries or jurisdictions where their business either originates or takes place, as well as from the launch of new products and services. Finally, they shall take special measures in the establishment of cross-border correspondent banking relationships, as well as in the duration of such relationships, according to the provisions of Article 21 of Law 3691/2008 and of this Decision. (ii) Establish a full profile of the customer and the beneficial owner, according to the provisions of para. 5.4(iv) of this Decision, in order to classify them in terms of ML/FT risk and take the necessary due diligence measures. (iii) Ensure that all KYC particulars of existing customers and beneficial owners are obtained and verified according to the provisions hereof and adopt updating and control procedures. (iv) Establish appropriate IT systems for continuously monitoring and detecting suspicious or unusual transactions or activities, within the meaning of paras. 13 and 14, respectively, of
Article 4 of Law 3691/2008, and examine very carefully any transaction that, due to its nature
or to data concerning the person or identity of the customer, may be associated with ML or FT. (v) Specify the role, responsibility and duties of the Compliance Officer referred to in
Article 44 of Law 3691/2008 (hereinafter referred to as the “Compliance Officer”) and the
unit he heads, in accordance with the provisions of the Law and this Decision.
(vi) Allocate clear responsibilities and duties to the persons and units involved in the CI’s transactions and operations, in order to ensure effective implementation of AML/CFT policy, procedures and controls and achieve compliance with Law 3691/2008 and this Decision. (vii) Take appropriate measures so that its management and staff are informed about the provisions of Law 3691/2008 and this Decision, as well as the CI’s policy and procedures specifying them, and ensure their participation in specialised AML/CFT training courses. (viii) Ensure the valuation of the customer’s overall business portfolio maintained with the CI and, possibly, with other companies in its group, according to Article 13(2), taken together with Article 32(2) of Law 3691/2008, in order to confirm that the transaction examined as suspicious or unusual is consistent and compatible with such portfolio(s). (ix) Take any appropriate measure, including refusing to execute the transaction or terminate the business relationship with the customer and the beneficial owner, in the event that (a) the identification and verification conditions have not been fulfilled; (b) the due diligence measures referred to in para. 5.4(iii) and (v) below have not been observed; or (c) reports on the customer in question have been repeatedly submitted to the AML/CFT Commission. (x) Ensure that the above obligations, with respect to a parent CI, are performed by both its subsidiaries in Greece and abroad, and its branches and representative offices abroad, unless this is wholly or partly prohibited by the relevant foreign legislation, in which case they shall inform to this effect the AML/CFT Commission and the Bank of Greece.
1.4 The CI’s Control Committee (failing which its Board of Directors), in the context of the
annual monitoring and assessment of the adequacy and effectiveness of the AML/CFT policy, shall take into account the relevant data and information in the ML/FT Annual Report of the Compliance Officer (referred to in Chapter 3 below), the report of the Internal Audit Unit, the findings and observations of external auditors, as well as the findings of supervisory authorities.
1.5 For the uniform implementation of the provisions of this decision, the minimum
procedures to be applied by CIs for duly performing their obligations are stated below.
1.6 The definitions in Article 4 of Law 3691/2008 for the time being in force shall apply to
the provisions of this decision.
2. ROLE OF THE COMPLIANCE OFFICER
2.1 Appointment of the Compliance Officer referred to in Article 44 of Law 3691/
2.1.1 The CI’s management officers and employees shall report to the Compliance Officer
any transaction they consider as unusual or giving rise to suspicions of attempted or actual commission of the offences referred to in Article 2 of Law 3691/2008 and any event they become aware of due to their service that may be an indication of such acts.
2.1.2 The Compliance Officer shall be appointed by the CI’s Board of Directors on the basis
of his morality, integrity, status, scientific background, experience in the relevant field and familiarity with the CI’s operations. If the Compliance Officer is unavailable, he shall be replaced by an alternate appointed together with him. His data shall be communicated to the Bank of Greece within not later than then days. The Compliance Officer and his alternate may not hold any other position in the CI in conflict with their obligations, and any of their activities outside the CI may not be in conflict with the role and duties of a Compliance Officer. The Bank of Greece shall have the right to request the replacement of these persons if it considers that they do not meet the requirements and qualifications for performing their duties.
2.1.3 CIs shall establish, within the Compliance Unit (in the event that the conditions for
establishing it are met according to the provisions of Chapter Vc of Bank of Greece Governor’s Act 2577/2006), a Special AML/CFT Service, headed by the Compliance Officer and staffed according to the size, structure, complexity of operations and the risks facing the CI and its group. In this case, the CI’s Board of Directors shall ensure, mainly in relation to the Compliance Officer’s obligation to report suspicious transactions to the AML/CFT Commission, his independence within the Compliance Function. If the CI is not obliged to establish a Compliance Function, it shall ensure that the Compliance Officer has adequate resources and the conditions for effective performance of his duties are in place. The Compliance Officer and the Head of the Compliance Function may be one and the same person.
2.1.4 In the case of a financial group, the largest company of the group shall appoint a
Compliance Officer in charge of ensuring compliance with the provisions of the Law and this Decision by the other companies of the group. To this end, this Compliance Officer shall cooperate, coordinate and exchange information with the Compliance Officers of the companies of the group appointed according to the above provisions.
2.2 Duties of the Compliance Officer
CIs shall specify and record, in the context of their AML/CFT policy, the role, responsibilities and duties of the Compliance Officer. The Compliance Officer shall at least:
(i) Receive from the CI’s employees reports of suspicious or unusual transactions, as well as information about any event they are aware of due to their service that could be an indication of ML or FT. All reports shall be archived in a separate file. (ii) Recommend appropriate procedures for ensuring the receipt and processing of alerts of unusual or suspicious transactions produced by the CI’s IT system. Such processing may be effected either by the branches or by the AML/CFT Special Service. (iii) Examine and assess the aforementioned reports and alerts by collecting information from reliable sources, such as Tiresias S.A., ICAP and other recognised information banks. The assessment results shall be recorded and archived in the relevant file. (iv) Submit a confidential report to the AML/CFT Commission in the event that, after the assessment referred to in the preceding paragraph, he judges that there are indications of ML/FT. Reports to the AML/CFT Commission shall be archived in a separate file. (v) Contact directly the AML/CFT Commission both at the commencement and during the investigation of cases examined after the submission of a relevant report, and answer to questions about any clarifications. (vi) Monitor very carefully on a continuous basis the transactions of persons about which a report has been submitted to the AML/CFT Commission and inform in this connection the coordinator in charge, if he is not the same person as the Compliance Officer, for companies of the group referred to in Article 44(2) of Law 3691/2008, under the conditions of Article 32 of the Law. (vii) Compile statistics of internal reports to the Compliance Officer and reports of the latter to the AML/CFT Commission. (viii) Monitor and assess the proper and effective implementation of the CI’s AML/ CFT policy and the relevant implementation measures. To this end, the Compliance Officer shall apply appropriate control mechanisms, as described in paras. 9.2 and 9.3 below, in units or branches of the CI, in order to verify their compliance with the arrangements in force (regulatory framework, AML/CFT manual, customer acceptance policy etc.). In the event that the Compliance Officer identifies any failures or weaknesses or risks from existing customers, new customers, products and services, he shall recommend appropriate corrective measures in writing. (ix) Participate with other units of the CI in the development of the AML/CFT manual. This manual, after being approved by the Management or the Board of Directors, shall be
communicated to the officers and all employees who handle, monitor or control in any manner transactions of customers and are responsible for the implementation of the policy, procedures and controls that have been decided. The manual shall be periodically assessed and revised where any defects are identified or it is necessary to adapt the CI’s procedures with a view to tackling ML/FT risks more effectively. (x) Ensure the maintenance of lists of low- and high-risk customers, including each customer’s name, account number, branch where the account is kept and date of establishment of the business relationship. In addition, he shall ensure that these lists are updated regularly (on an at least annual basis) with information on all new customers or additional information on old customers. (xi) Submit to the CI’s Management an annual report assessing high-risk customers, broken down by risk category. This report shall include aggregated data on these customers, drawn from the CI’s units’ summary reports, and recommend the termination of the CI’s relationship with customers of this category that exceed the limits of unacceptable risk. (xii) Respond to written questions asked by the Bank of Greece, and provide in a secure manner any data required on matters within the Bank’s scope of authority. (xiii) Provide guidance to the CI’s employees on AML/CFT issues. (xiv) Prepare and implement, in cooperation with other competent sections of the CI, the annual staff further training and education programme approved by the Management. The Compliance Officer shall recommend the services, branches and employees of the CI that need further training in AML/CFT issues and shall organise appropriate educational meetings or courses. Finally, he shall receive from the competent sections detailed data on training courses provided to the CI’s employees and shall jointly assess the adequacy of the training provided. (xv) Assess the adequacy, within the scope of the CI’s responsibility for concluding correspondent banking relationships under para. 1.3(i) above, of the AML/CFT policy, procedures, systems and controls applied by the CIs that request the conclusion or that have concluded correspondent banking relationships according to the criteria of para. 5.15.9 below, and submit a relevant recommendation to the competent unit. (xvi) In the event that the CI has outsourced the customer identification and verification procedure, assess the procedures applied by them and submit a relevant recommendation to the CI’s Management. (xvii) Take or recommend, as appropriate, corrective AML/CFT measures according to the findings of examinations conducted by the Bank of Greece.
(xviii) Assess the findings of the Internal Audit Unit in order to take corrective AML/ CFT measures. (xix) Ensure that the CI’s branches and subsidiaries abroad take all the measures required for full compliance with the requirements of the law and this Decision.
3. ANNUAL REPORT OF THE COMPLIANCE OFFICER
3.1 The Compliance Officer shall prepare an annual report, which shall be a considerable
input for the assessment of the CI’s compliance with the AML/CFT provisions. The annual report shall be assessed by the Board of Directors, through the Audit Committee referred to in Bank of Greece Governor’s Act 2577/2006, as currently in force, and shall be approved and submitted within March to the Bank of Greece (Department for the Supervision of Credit and Financial Institutions – Money Laundering Prevention Sector) in electronic form or in a hard copy, accompanied by the results of the annual assessment of the adequacy and efficiency of the AML/CFT policy carried out by the Audit Committee (failing which by the Board of Directors).
3.2 The annual report shall include at least the following information:
(i) (a) The full name, post and data of the decision appointing the Compliance Officer, his alternate and the coordinator, in the case of financial groups. (b) The organic structure and staff of the Compliance Officer’s Special Service, as well as recommendations on any additional staff and technical equipment requirements, with a view to enhancing the AML/CFT measures and procedures. (ii) The AML/CFT policy and manual established in writing by the CI. It should be noted that, in the event of important changes in the relevant procedures during a year, the Bank of Greece shall be informed in writing. (iii) Brief information on important measures taken and procedures adopted during the year. (iv) Examinations, as described in paras. 9.2, 9.3 and 9.4 below, of units or branches of the CI, including the number of examinations and the serious defects and weaknesses identified in the CI’s AML/CFT policy and procedures, the seriousness of failures or weaknesses, the risks entailed and the actions or recommendations for corrective measures. (v) The AML/CFT IT systems installed by the CI, including a description of their operations and any weaknesses that have arose. It should be noted that any important upgrading of these systems shall be communicated in writing to the Bank of Greece. (vi) (a) The number of reports of unusual or suspicious transactions submitted to the Compliance Officer, classified by case/customer.
(b) The number of reports of unusual or suspicious transactions submitted by the Compliance Officer to the AML/CFT Commission, classified by case/customer, including brief information on the categories of suspicious or unusual transactions that were identified. (c) The AML/CFT measures taken on the cases reported to the AML/CFT Commission. (vii) The number of high-risk customers with which the CI maintains business relationships, the number of those it terminated its relationship with, their home countries and a brief annual assessment. (viii) Measures taken for the compliance of the CI’s branches/subsidiaries abroad with the requirements of this Decision, as well as comments or information on the degree of their compliance therewith. (ix) Training courses attended by the Compliance Officer and his alternate. (x) Information on the staff’s training during the year, with details of:
4.3 The appropriate procedures and measures applied for managing ML/FT risk shall be
determined on the basis of the size, structure and complexity of each CI’s operations. To identify and assess the overall risk facing it, each CI shall take into account at least:
4.5 CIs, according to the risk management policy they apply, shall adopt unacceptable risk
criteria for classifying customers with whom they do not conclude or terminate business relationships and transactions they do not carry out (e.g. exclusion of countries and jurisdictions, non-documented cash transactions of a considerable amount, activities giving rise to suspicions of association with organised crime).
4.6 CIs shall install adequate IT systems and effective procedures for continuously
monitoring accounts and transactions, in order to detect, monitor and assess high-risk transactions and customers. IT systems shall be capable of providing timely, reliable and necessary information for detecting, analysing and effectively monitoring customers’ accounts and transactions. Accounts and transactions shall be monitored in relation to the typology of transactions, the customer’s profile, as defined in para. 5.4(iv) below, and the anticipated operation of the account in relation to the operation of other accounts in the same customer category. Material deviations shall be further investigated. Procedures shall also apply to inactive accounts that are reactivated. IT systems shall be used for obtaining information on defective customer identification, the customer’s profile and overall data on the CI’s business relationship with the customer. The operations of a risk management IT system shall include, without limitation:
Assessing and classifying customers on the basis of their profile into risk categories
according to the criteria laid down by the CI, which shall include at least the requirements of
Chapter 5 below.
Controlling the CI’s clientele and transactions on the basis of lists of persons or entities
subject to sanctions under EU Regulations and Resolutions of the UN Security Council. Control shall be carried out on a real-time basis at the commencement of the business relationship or during the conduct of the transaction. By entering every new list, the IT system shall check all the clientele of the CI in order to verify whether the CI maintains or maintained a business relationship with the listed persons or entities, the kind of relationship and any relevant transaction.
Controlling the clientele and transactions on the basis of local lists of persons or entities that
have committed criminal offences, prepared by the competent police and judicial authorities. Control shall be carried out on a real-time basis at the commencement of the business relationship or during the conduct of the transaction. By entering every new list, the IT system shall check all the clientele of the CI.
Controlling all transactions on the basis of the international typology of suspicious
transactions communicated regularly by the Bank of Greece.
Revising and further developing preventive measures, taking into account the results of risk
analysis.
Issuing alerts of unusual or suspicious transactions according to the criteria laid down
hereinabove. CIs shall lay down a procedure for receiving and processing alerts, which may be undertaken by either a central unit of the CI or local branches and services. Regarding inadequately justified alerts, the procedure of Chapter 8 below on detection, handling and reporting of unusual transactions shall apply.
4.7 ML/FT risk management is an ongoing and dynamic procedure, as both customers’
activities and CIs’ products/services change. As a result, procedures, systems and controls are revised regularly with a view to effective management of the risks from changes in the characteristics of existing customers, new customers, products and services.
(d) when there are doubts about the veracity, completeness or adequacy of previously obtained identification and verification data about the customer, other persons on behalf of whom the customer is acting and the beneficial owner of the customer.
5.4 CDD measures, both at the commencement and in the duration of a business
relationship, shall comprise:
(i) Identifying the customer and verifying the customer’s identity on the basis of documents, data or information obtained from reliable and independent sources. (ii) Identifying the beneficial owner(s) of legal persons and entities, continuously updating the information and taking reasonable, risk-based measures to verify their identity so that the CI is satisfied that it knows who the beneficial owner(s) is (are). As regards other legal persons, trusts and similar legal arrangements, CIs shall take reasonable, risk-based measures to understand the ownership and control structure of the customer. (iii) Obtaining information on the purpose and intended nature of the business relationship or of important transactions or activities of the customer or the beneficial owner. (iv) Establishing the profiles of their customers (both individual and corporate), including at least:
The results of the examination shall be recorded and kept on file for at least five years, including the evidence. (v) Taking any appropriate measure, including refraining from conducting the transaction and refusing to provide services or carry out activities, unless the customer identification and verification requirements are met or the CI ensures compliance with CDD measures, and in the event that reports on the customer in question are repeatedly submitted to the AML/CFT Commission. (viii) Refraining from conducting the transaction, refusing to provide services or carry out activities and promptly informing the AML/CFT Commission and the Bank of Greece when the name of the CI’s customer is included in lists of persons or entities subject to sanctions under EU Regulations and Resolutions of the UN Security Council.
5.5 Without prejudice to any additional information required for higher risk customers, the
following customer identification and verification procedures shall apply to natural and legal persons.
5.5.1 Minimum information required for the identification of natural persons:
Natural persons
offices, certificates issued by internal revenue offices, employers’ certificates, copy of the last payroll slip, self-employment startup declarations, occupational identity cards or certificates issued by social security funds. Copies of the above identity verification documents shall be kept, according to the provisions of Article 35(1b) of Law 3691/2008, for a time period of at least five years from the end of the business relationship or transaction, in a manner ensuring the confidentiality of the data received.
5.5.2 Minimum information required for the identification of legal persons:
S/N Legal entities
registration of the above minutes, or the Government Gazette Issue in which this certificate was published.
2. Partnerships:
5.6 With respect to legal persons or entities incorporated outside Greece and having no
establishment in Greece, CIs shall request documents bearing an Apostille under the Hague Convention of 5 October 1961, officially translated into Greek if considered necessary by CIs for better comprehending their contents, as well as data similar to those referred to in para.
5.5.2 above. In any case, a CI shall obtain through the documents produced the following
information: full name, lawful incorporation of the legal person according to the laws of its country of establishment, nature and objects, country of incorporation and establishment, address, identity particulars of beneficial owners, where required, legal representatives and all persons authorised to operate the company’s account, as described in para. 5.5.1 above. The identity of the legal person or entity shall be verified by using reliable and independent documents, data or other information. The CI shall take appropriate measures to verify the ownership structure and control of the legal person or entity.
5.7 CIs shall require counterparties or customers acting on behalf of another natural
person, in addition to identifying themselves, to disclose and prove the identity particulars of the other natural or legal person on behalf of whom they act. In any case, CIs shall also verify these particulars where the counterparty or customer has not made such disclosure, but there are doubts whether he is acting on his own behalf. If during the business relationship a CI doubts whether a counterparty or customer is acting in his own behalf, it shall take the measures required for collecting information on the real identity of the person on behalf of which they are acting.
5.8 CIs shall apply, at appropriate times and on a risk-sensitive basis, CDD procedures not
only to new, but also to existing customers, and shall ensure that their customers’ identity particulars are continuously updated throughout the business relationship. Specifically, CIs shall review, on a regular basis or whenever there are doubts about their validity, the data in their possession and, at least on an annual basis, the data on high-risk customers. The results of such examination shall be recorded and kept in the customer's file. If the updating of the customer’s identity particulars is not achieved, the CI shall terminate the business relationship and consider submitting a report to the AML/CFT Commission.
5.9 CIs shall ensure the assessment of the customer’s overall portfolio with the CI and
possibly other companies of the group, according to Article 32(2) of Law 3691/ 2008, in order to verify the relevance and compatibility of the examined unusual or suspicious transaction with this portfolio(s).
5.10 In the case of joint accounts of savings, securities or other financial products, all the
co-owners of these accounts shall be considered as customers and CDD shall apply to them.
5.11 In the cases of a transaction or a series of linked transactions in which more than two
obligated persons participate, according to Article 5 of Law 3691/2008, CDD shall apply to each one of them. This shall apply in particular to insurance polices, sales of shares, contracts on derivatives, bonds or other financial products and transactions through cards of any nature.
5.12 CIs shall treat with caution applications for renting of safe deposit boxes by persons
who do not keep accounts with the CI concerned, following the envisaged identification procedures.
5.13 CIs shall request all CIs abroad with which they have established or are going to
establish correspondent banking relationships to complete and sign a questionnaire stating their AML/CFT policies and procedures. If correspondent banking relationships are established with CIs from third countries, the additional CDD measures referred to in para.
5.15.9 below shall apply.
5.14 The identity particulars of the customer, any other person on behalf of which the
customer is acting and the beneficial owner shall be certified and verified before the establishment of a business relationship or the conduct of a transaction. By way of derogation, the verification of the above persons’ identity particulars may be completed during the establishment of the business relationship if required in order not to interrupt the smooth conduct of transactions and provided that the risk of commission of the offences referred to in
Article 2 of Law 3691/2008 is low. In these cases, the verification procedures shall be
completed as soon as possible after the initial contact. If the verification of the customer’s identity particulars is not achieved, the CI shall terminate the business relationship and consider submitting a report to the AML/CFT Commission.
5.15 Enhanced CDD
In the event that CIs consider that there is increased risk, they shall conduct enhanced CDD, according to the provisions of Chapter 4 above, reassessing customers and business relationships on an at least annual basis. To this end, the branch or unit shall prepare a brief report with aggregated data on the reassessment of high-risk customers, which shall be sent to the Compliance Officer. The reports shall be processed by the Compliance Officer, who shall submit an overall report, recommending the termination of some business relationships, to the CI’s Board of Directors, which shall decide thereon. Follows a list of minimum required highrisk categories.
5.15.1 Non-residents’ accounts
Customers having their residence abroad shall be subject to the same information requirements and identity verification procedures as those who live permanently in Greece.
Specifically, non-residents shall be requested to produce their passports (or identity cards, for those coming from EU Member States) issued by their home country, plus (for non-EU residents) a temporary stay permit or other equivalent document, entry visa or seal, where required. Furthermore, when there is any doubt concerning the identity of a person, the CI shall seek verification and authentication of these documents by the embassy or consulate of the issuing country in Greece, or by reliable CIs in the customer’s home country. The above information is also necessary for compliance with the sanctions imposed on countries or persons by the United Nations or the European Union. In this connection, the number, date and country of issuance of the customer’s passport shall always be recorded.
5.15.2 Politically Exposed Persons
I. Politically Exposed Persons (PEPs) are natural persons that are or have been entrusted with
a prominent public function, including their immediate family members or the persons known to be their close associates. According to Article 22 of Law 3691/2008, natural persons entrusted with a prominent public function include:
(a) heads of state, heads of government, ministers, alternate and deputy ministers; (b) MPs; (c) judges of supreme courts, constitutional courts or other high-level judicial bodies whose decisions are not subject to further appeal, other than in exceptional circumstances; (d) judges of courts of auditors; (e) members of the boards of central banks; (f) ambassadors and chargés d’ affaires; (g) high-ranking officers in the armed forces; and (h) members of the administrative, management or supervisory bodies of state-owned enterprises. None of the categories in (c) to (h) above shall be understood as covering middle-ranking or junior officials. The categories in (b) to (g) above include functions exercised at the EU and international levels. Immediate family members of the persons referred to in the above paragraph shall include:
(a) the spouse;
(b) any partner considered by national law as equivalent to a spouse; (c) natural or adopted children and their spouses or partners; and (d) the parents. Persons known to be close associates shall include:
(a) any natural person who is known to have joint beneficial ownership of legal entities or legal arrangements, or any other close business relationships, with a person referred to in the above paragraph; and (b) any natural person who has sole beneficial ownership of a legal entity or legal arrangement which is known to have been established for the benefit of a person referred to in the above paragraph. Without prejudice to the application, on a risk-sensitive basis, of enhanced CDD measures, where a person has ceased to be entrusted with a prominent public function for a period of at least one year, CIs shall not be obliged to consider such a person as politically exposed.
II. CIs shall adopt the following additional CDD measures when establishing a business
relationship with a PEP:
They shall:
(a) apply the appropriate procedures, on a risk-sensitive basis, to determine whether the customer is a PEP; (b) obtain senior management’s approval of the establishment of business relationships with such customers; (c) take adequate measures to verify the origin of the wealth and funds that the business relationship or transaction concerns; and (d) monitor the business relationship on a continuous and enhanced basis.
III. In the case of accounts of legal persons and other entities, the procedures applied shall
aim at verifying whether the beneficial owners, legal representatives and persons authorised to operate the relevant account are PEPs. If any of the above persons is identified as a PEP, these legal persons’ and other entities’ accounts shall automatically be subject to the enhanced CDD measures referred to in the Law and this Decision.
IV. Usual CDD measures shall apply to PEPs established in Greece.
5.15.3 Accounts of companies with bearer shares
CIs shall apply at least the following CDD measures to companies with bearer shares that do not fall within the scope of para. 5.17:
(i) Before opening the account, they shall certify and verify the identity of the beneficial owners, legal representatives and the persons authorised to operate the bank accounts of the company on the basis of reliable and independent sources and/or by visiting the company’s offices for this purpose.
(ii) They shall compare regularly the actual transactions through the account with those expected on the basis of the company’s profile. Any significant divergences shall be scrutinised and the findings shall be entered in the company’s file. (iii) They shall obtain from the legal representative of the company a declaration in writing to the effect that, if the shares of the beneficial owners are transferred to a third party or there is any material change in the company's status, he shall immediately inform the CI, unless the same commitment is made in an agreement with the company. If there is any change in the beneficial owners of the company, CIs shall consider whether or not to continue the business relationship. (iv) They shall consult the database of the National Printing Office (on its website, www.et.gr) in order to verify any changes in the ownership of the company or any other material changes (such as dissolution, liquidation etc.). (v) They shall examine whether the company asking to open an account has established its central management, branches or subsidiaries or is otherwise active in any other countries.
5.15.4 Accounts of offshore companies and special purpose vehicles (SPVs)
Where the customer is a company that has no commercial or productive activity in the place of its establishment, such as an offshore company or a company referred to in Emergency Law 89/67, as currently in force, or an SPV, CIs shall conduct enhanced CDD. To determine the countries where offshore companies operate, decision No. 1108437/2565/DOS of the Deputy Minister of Finance (Government Gazette B.1590/ 16.11.2005) or any regulatory act amending or replacing it shall be taken into account. CIs shall apply at least the following CDD measures to the above companies:
They shall take appropriate measures to fully verify the ownership structure and control of
the company and to identify the beneficial owners. In order to identify the beneficial owners, CIs shall require either (i) a declaration in writing by the legal representative of the company together with certified copies of certifications and verifications of the beneficial owners’ identities; or (ii) certification and verification of their identity by a lending officer of the CI, following approval by a member of senior management, on the basis of documents, data or information from a reliable and independent source. In the latter case, CIs shall keep a file of the offshore company, in which all relevant documents shall be kept, which shall be updated and communicated, if officially requested, to the Bank of Greece.
They shall obtain from the legal representative of the company a declaration in writing to
the effect that, if the shares of the beneficial owners are transferred to a third party or there is any material change in the company's status, he shall immediately inform the CI. If there is any change in the beneficial owners of the company, CIs shall consider whether or not to continue the business relationship.
They shall compare regularly the actual transactions through the account with those
expected on the basis of the company’s profile. Any significant divergences shall be scrutinised and the findings shall be entered in the company’s file.
5.15.5 Trusts
Trusts are not separate legal entities and, therefore, business relationships are established through trustees acting on behalf of the trust. CIs shall take reasonable measures, on a risksensitive basis, to comprehend the ownership and control structure of trusts. When they establish such relationships, CIs shall verify the name and date of establishment, the identities of trustors, trustees and beneficial owners, the nature, objects and activities of the trust, as well as the source of its funds. CIs shall obtain copies of the establishing documents of the trust and any other necessary information on the beneficial owners, and shall keep the relevant data and information in the customer’s file. For the purposes of this paragraph, a beneficial owner shall be:
(i) the natural person(s) entitled to at least 25% of the assets of the legal entity or arrangement, provided that the future beneficiaries have already been determined; (ii) the class of persons in favour of which the legal entity or arrangement has been established and operates, provided that the beneficiaries of the legal entity or arrangement have not been determined yet; or (iii) the natural person(s) exercising a control over at least 25% of the assets of the legal entity or arrangement.
5.15.6 Accounts of non-profit organisations
With respect to accounts of non-profit or public benefit agencies, organisations, associations, societies and other unions, CIs shall verify the legitimacy of their incorporation and objects, requiring the submission of a certified copy of their establishing deed (charter, private agreement etc.), their certificate of incorporation, certificate of registration and the number of their registration by the competent public authority. When such an entity has appointed more than one authorised signatories to operate its account, the identities of all authorised
signatories shall be verified, according to the identity verification procedures for natural persons provided for hereunder.
5.15.7 Portfolio management accounts of important clients
CIs shall take the following additional CDD measures where they undertake the management of portfolios of important clients:
(vi) require the customer to send to the CI certified photocopies of identification documents, e.g. passport, identity card. The requirements for natural persons set forth hereinabove shall also apply to companies or organisations requesting the opening of an account by mail or e-banking.
5.15.9 Cross-border correspondent banking relationships
With respect to cross-border correspondent banking relationships with banking institutions from third countries, CIs shall:
(a) gather sufficient information about the correspondent banking institution to fully understand the nature of the correspondent’s business and to determine from publicly available information the reputation of the institution and the quality of supervision; (b) assess the correspondent institution’s AML/CFT controls; (c) take into account the country assessment reports of FATF, the IMF and the World Bank, as well as other independent and reliable sources, to evaluate the adequacy of the AML/CFT system in place in the correspondent institution’s country of establishment; (d) obtain from the correspondent institution a completed and signed questionnaire, such as, indicatively, the Wolfsberg Group questionnaire, describing the CI’s AML/CFT policies and procedures; (e) obtain approval from senior management before establishing new corresponding banking relationships; (f) specify clearly their own responsibilities and those of the correspondent institution under the banking correspondence agreement; and (g) with respect to payable-through accounts, be satisfied that the correspondent institution has verified the identity and performed ongoing monitoring of the customers having direct access to accounts of the correspondent, and that it is able to provide relevant CDD data upon request by the CI. CIs shall not establish or continue correspondent banking relationships with shell banks or continue correspondent banking relationships with banks that are known to allow their accounts to be used by shell banks.
5.15.10 Countries that do not comply adequately with the FATF recommendations
CIs shall examine with particular attention transactions and conduct additional ongoing monitoring of business relationships and transactions with natural persons or legal entities, including CIs and FIs, from non-cooperative or non-compliant countries. All transactions with natural persons or legal entities from these countries shall be examined with particular attention and, if such examination gives rise to doubts about the legitimate
origin of funds, a report shall be submitted to the AML/CFT Commission. The results of the examination shall be recorded and kept on file for at least five years, including all the documentation. To assess country risk for AML/CFT purposes, CIs may use the following criteria:
FI which is established in a third country is subject to supervision for compliance with such requirements.
II. CIs shall not be required to verify the identity of their customers according to para. 5.5.2
above when the customer is:
(a) a listed company whose shares are traded on one or more regulated markets in the EU, within the meaning of Article 43 of Law 3606/2007, or the legislation of another Member State, compatible with the provisions of Directive 2004/39/EC; or (b) a company that operates as a UCIT according to Article 2 of Law 3238/2004, is established in the EU and is governed by the legislation of the home country which is compatible with the provisions of Directive 85/611/EEC, as currently in force; or (c) a Greek public authority or legal person in public law or business or organisation in which the State has an ownership stake of at least 51%; (d) a public authority or organisation meeting the following conditions:
(i) it has been entrusted with a public function according to the Treaty on European Union, the Treaties establishing the European Communities or the secondarily Community law; (ii) its identity is publicly known, transparent and fixed; (iii) its activities and accounting practices are transparent; and (iv) it is accountable to either a Community institution or the authorities of a Member State, or there are appropriate procedures in place ensuring supervision and control of its activities. In the cases of paras. I and II above, obligated persons shall collect adequate information to judge whether the customer should be exempted within the meaning of the said paragraphs and shall decide according to the risk management procedures described in Chapters 4 and 5 above. Natural persons carrying out transactions on behalf of the above customers shall not be exempt from the identification and verification requirements.
III. Moreover, CIs shall apply simplified CDD measures in the case of electronic money,
within the meaning of Article 14(3) of Law 3148/2003, provided that the monetary value stored in the electronic device, if it cannot be reloaded, does not exceed €150.00 or, if the electronic device can be reloaded, the total amount of transactions in a calendar year does not exceed €2,500.00. If the bearer redeems, under Article 14(6) of Law 3148/2003, an amount of €1,000.00 or more in a calendar year, identity verification shall be required.
In the cases of paras. I-III above, CIs shall not apply simplified CDD when there are suspicions of ML or FT.
6. PERFORMANCE BY THIRD PARTIES
6.1 CIs may rely on third parties, within the meaning of Article 23 of Law 3691/2008, to carry
out the customer and beneficial owner identification and verification procedure, provided that the ultimate responsibility for customer identification and verification remains with the CI relying on such third party. The third party shall have as a customer the person designated by the CI and shall apply the appropriate CDD and record-keeping measures, according to the provisions of this Decision or a similar decision of an EU Member State or a third country with an equivalent supervisory regime. CIs shall verify that the third party is subject to a statutory licensing regime in its country of incorporation/home country and to supervision for AML/CFT purposes. For the purposes of this chapter, third parties shall include:
7.1 CIs shall keep at least the following records for a period of at least five years after the
business relationship with their customer has ended or a transaction has been executed, unless they are required by law to keep such records for a longer time period:
the customer’s identification and verification data as at the time of conclusion of every
agreement;
authorisations, copies of customer identification and verification documents, as well as the
originals or copies of documentation of any transactions;
internal documents such as approvals or findings or recommendations on matters relating to
the investigation of the offences referred to in Article 2 of Law 3691/2008, whether or not they have been reported to the AML/CFT Commission, as specified in para. 8.6 of this Decision; and
the relevant correspondence with customers.
7.2 CIs shall have in place record-keeping procedures and systems capable of ensuring, for
the aforementioned time period, the reproduction of information on the identification and transactions of customers, with a view to responding without delay to any request by the AML/CFT Commission or any other competent authority. Indicatively, CIs shall be capable of reproducing the following information:
data certifying the identity of the owners of an account;
data certifying the identity of the beneficial owners of an account;
data certifying the identity of the persons authorised to operate an account;
the authorisations of natural persons of any nature;
data certifying the identity of managers and legal representatives authorised to operate the
account of a legal person;
the original records and documentation of transactions;
data on the volume and value of transactions through the account;
data of all the other accounts of the account owner;
the source of funds;
the nature and currency of each transaction;
the manner of deposit or withdrawal of funds (cash, cheques, wire transfer etc.);
the identity of the person who carried out the transaction;
the destination of funds;
customers’ written instructions and authorisations; and
the nature and number of the account involved in the transaction.
7.3 According to Article 36 of Law 3691/2008, CIs shall apply in their subsidiaries and in
their branches in other countries record and data keeping measures which are at least equivalent to those provided for hereunder. Where the legislation of a non-EU country does not allow the implementation of such measures, wholly or partly, CIs shall inform to this effect the AML/CFT Commission, the Central Coordinating Authority and the Bank of Greece.
7.4 Instead of keeping documentation and records in physical form, CIs may keep files in
electronic form.
8.2 After the examination of these transactions, if there are any suspicions of actual or
attempted commission of ML or FT, the CI shall submit an unusual or suspicious transaction report to the AML/CFT Commission. This requirement shall also extend to attempted unusual or suspicious transactions.
8.3 The submission of an unusual or suspicious transaction report to the AML/CFT
Commission shall be preceded by:
(i) Receipt of a report submitted to the Compliance Officer by other management officers or employees of the CI. In branches or special departments or units, this report shall be submitted directly to the manager of the branch or the director of the department or unit, who shall immediately report to the Compliance Officer, provided that he shares the suspicions. If the manager/director or his alternate is unavailable or refuses or neglects or does not share the suspicions of the reporting employee, the employee may report to the Compliance Officer. (ii) Receipt and processing of alerts of unusual or suspicious transactions produced by the CI’s IT system. (iii) Assessment and examination of the reports and alerts received by collecting information from reliable sources, such as Tiresias, ICAP and recognised databanks. The assessment results shall be recorded and kept in the relevant file.
8.4 Unusual or suspicious transactions reports submitted to the Compliance Officer or
produced by the IT system shall include at least the following data:
information between CIs or FIs on the same customer and the same transactions or activities in which participate two or more CIs or FIs that are situated in Greece or in another Member State or in a third country with an at least equivalent supervisory, professional confidentiality and personal data protection regime. If, after the submission of a report, a CI decides to terminate the business relationship with the customer in order to avert the risks from its continuation, it shall ensure that the reason of termination of the business relationship is not disclosed to the customer.
8.6 CIs shall apply specific procedures for keeping records of the reports filed to the
AML/CFT Commission, in order to ensure confidentiality and accessibility. CIs shall keep:
All employees know the person to whom they must report their information on
transactions they believe or suspect are aimed at ML or FT.
There is a clear and short channel of communication for reporting information on
suspicious and/or unusual transactions to the Compliance Officer. The internal AML/CFT practice, procedures and controls shall be recorded in a manual, to be distributed to all the employees that handle, monitor and control customers’ transactions in any manner.
There shall be a clear assignment of duties and responsibilities within the CI in order
to ensure effective management of the AML/CFT policy and procedures and compliance with this Decision. In particular, the Board of Directors shall adopt and approve an effective AML/CFT policy and shall monitor its proper implementation via the Control Committee referred to in Bank of Greece Governor’s Act 2577/2006. The Compliance Officer’s duties and responsibilities are set out in detail in Chapters 2 and 3 of this Decision.
9.2 CIs shall ensure that the Internal Audit Unit carries out specialised controls which are
adequate for the purposes of identifying, assessing, monitoring and managing ML/FT risk. In addition, the Compliance Officer’s Special Service shall monitor and assess the proper and effective implementation of the CI’s AML/CFT policy and procedures. The nature and scope of both systems and controls shall depend on the following factors, without limitation:
nature, scope and complexity of the CI’s operations;
differentiation of the CI’s activities, including by geographical area in which such
activities are conducted;
customer profile and the CI’s products and activities;
distribution channels of the CI’s products;
volume and size of the CI’s transactions; and
risk level associated with each field of the CI’s activity.
9.3 The above-mentioned controls shall cover, inter alia, the following:
appropriate AML/CFT training with a view to ensuring that employees are aware of
and understand their obligations stemming from legislative and regulatory provisions and their role in AML/CFT risk management;
appropriate documentation of AML/CFT risk management strategy and its
implementation by the CI;
appropriate measures to ensure that AML/CFT risk has been taken into account in the
CI’s daily transactions, including measures in relation to:
− development of new products;
− customer acceptance; and
− changes in the CI’s business profile.
9.4 The assessment of the AML/CFT system in terms of adequacy and efficiency shall be
included in the external auditors’ report prepared in accordance with the provisions of Bank of Greece Governor’s Act 2577/2006, Annex 3, Chapter IIe.
10. STAFF TRAINING
10.1 The successful implementation of efficient policies and procedures is based on
understanding the need to prevent ML and FT. Developing and monitoring comprehensive and modern training courses contributes considerably to the efficiency of the AML/CFT system.
10.2 CIs shall provide training to their staff, including web training, allowing:
account number, the payment service provider of the payer shall substitute it by a unique identifier which allows the transaction to be traced back to the payer.
11.2.2 In the case of transfers of funds not made from an account held with a CI and as
long as there is no suspicion of ML or FT, the CI shall, in accordance with Article 5(4) of the Regulation, verify the information on the payer only where the amount exceeds €1,000.00, unless the transaction is carried out in several operations that appear to be linked and together exceed €1,000.00. It is hereby clarified that where the amount being transferred exceeds €15,000.00, the relevant provisions of Chapter 5 of this Decision on customer identification shall apply.
11.2.3 In accordance with Article 6(1) and (2) of the above-mentioned Regulation, by way
of derogation from Article 5(1) thereof, where both the payment service provider of the payer and the payment service provider of the payee are situated in the Community, transfers of funds shall be required to be accompanied only by the account number of the payer or a unique identifier allowing the transaction to be traced back to the payer. However, if so requested by the payment service provider of the payee, the payment service provider of the payer shall make available to the payment service provider of the payee complete information on the payer, within three working days of receiving that request.
11.2.4 In accordance with Article 8(1) of the above-mentioned Regulation, the CI shall detect
whether, in the messaging or payment and settlement system used to effect a transfer of funds, the fields relating to the information on the payer have been completed using the characters or inputs admissible within the conventions of that messaging or payment and settlement system. The CI shall have effective procedures in place in order to detect whether information on the payer is missing as specified in Article 8 of the Regulation. Under Article 9(1) thereof, if the CI becomes aware, when receiving transfers of funds, that information on the payer required under the same Regulation 1781/2006 is missing or incomplete, it shall either reject the transfer or ask for complete information on the payer. Detailed guidance on such obligation on behalf of the CI is set out in Chapter 3 of the above-mentioned common understanding.
11.2.5 Under Article 9(2) of the above-mentioned Regulation, where a CI identifies that a
payment service provider regularly fails to supply the required information on the payer, it shall take steps, which may initially include the issuing of warnings and setting of deadlines, before either rejecting any future transfers of funds from that payment service provider or deciding whether or not to restrict or terminate its business relationship with that payment service provider. In cases where a payment service provider regularly fails to supply the
required information, the CI shall inform the AML/CTF Commission and the Bank of Greece accordingly. It is hereby clarified that informing the authorities on a particular payment service provider does not amount to reporting an unusual or suspicious transaction. More detailed guidance on the application of Article 9(2) of the Regulation in question is set out in
Chapter 4 of the above-mentioned Common Understanding.
11.2.6 The CI shall further assess whether the missing information on the payer indicates a
suspicious transaction to be reported to the AML/CTF Commission in accordance with the provisions in force and the internal procedures in place.
12. APPLICATION OF THIS DECISION TO FINANCIAL INSTITUTIONS
12.1 In accordance with Article 6(2)(a) of law 3691/2008, the Bank of Greece is the
competent supervisory authority for the following financial institutions:
12.3.3 In addition to his duties, as defined in Chapter 2 of this Decision, the Compliance
Officer of a FI shall assess the adequacy of any authorised representatives in terms of AML/CTF training and knowledge prior to the commencement of their cooperation. The results of such assessment shall be recorder and filed.
12.3.4 A FI’s annual report referred to in Chapter 3 of this Decision shall contain information
in line with their activities and shall be directly submitted to the Board of Directors for approval and assessment prior to being forwarded to the Bank of Greece.
12.3.5 FIs shall have in place adequate IT systems capable of:
years after the end of the business relationship, in a manner ensuring confidentiality of the data obtained;
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Amended 1 time · last 2011-02-14
Source: Bank of Greece — original document · Summary generated with machine assistance and reviewed before publication; the authoritative text is the regulator's original document. How RegAlert works
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