2013-08-20 | cba-blob-8541

Regulation Verification Documents for the AML/CFT State Ordinance

The Aruban Minister of Justice and Education, jointly with the Minister of Finance, issued a ministerial regulation to implement Article 19 of the AML/CFT State Ordinance by establishing standardized verification documents for financial service providers. The regulation designates valid identity papers for natural persons, including passports, driver's licenses, and national ID cards, while mandating specific data fields for foreign travel documents. For legal entities, it requires trade register extracts, notarial incorporation deeds, audited financial statements, or official notarial statements to confirm client identity and ultimate beneficial ownership.

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Unofficial and not binding translation 2012 No. 11 STATUTE PUBLICATION GAZETTE OF ARUBA MINISTERIAL Regulation of February 27, 2012 for the implementation of Article 19, sixth paragraph, of the State Ordinance on the Prevention and Combating of Money Laundering and Terrorist Financing (AML/CFT State Ordinance) ('AB' [Statute Publication Gazette] 2011 No. 28) (Regulation verification documents AML/CFT State Ordinance). Issued February 28, 2012 The Minister of Justice and Education, A.L. Dowers

Page 2 Statute Publication Gazette of Aruba 2012 No. 11 The Minister of FINANCE, COMMUNICATION, PUBLIC UTILITIES, and ENERGY, Having considered: that, in the interest of the verification by service providers of the identity of a client or ultimate beneficiary as referred to in Article 3, first paragraph, letters a and b, of the State Ordinance on the Prevention and Combating of Money Laundering and Terrorist Financing (AB 2011 No. 28), it is desirable to lay down rules relating to the type and contents of the documents, data, and information, as referred to in Article 19, first through fifth paragraph; Having regard to: Article 19, sixth paragraph, of the State Ordinance on the Prevention and Combating of Money Laundering and Terrorist Financing (AB 2011 No. 28); HAS DECIDED: Article 1

  1. As documents based on which Article 19, first and fifth paragraph, of the State Ordinance on the Prevention and Combating of Money Laundering and Terrorist Financing (AB 2011 No. 28) can be fulfilled shall be designated: a. a valid travel document, as referred to in Article 2 of the Passport Act ('Stb.' [Bulletin of Acts and Decrees] 1991, 498); b. a valid driver's license, as referred to in Article 10, first or second paragraph, of the State Ordinance on Road Traffic (AB 1997 No. 18); c. a valid identity card, as referred to in Article 2, first paragraph, of the State Ordinance on Identity Cards (AB 2001 No. 8); d. a valid travel document issued by the competent authority in the country of origin of the holder, and provided with:
  2. a registration number of the holder;
  3. a passport photograph of the holder;
  4. the given names and family name of the holder;
  5. the date of birth and place of birth of the holder;
  6. the country of issue and the issuing authority;
  7. the date and place of issue of the travel document;
  8. the expiration date of the travel document.
  9. As documents based on which Article 19, second and third paragraph, of the State Ordinance on the Prevention and Combating of Money Laundering and Terrorist Financing (AB 2011 No. 28) can be fulfilled shall be designated:

Page 3 Statute Publication Gazette of Aruba 2012 No. 11 a. an extract from the Trade Register of the Chamber and Commerce, as referred to in Article 19 of the Trade Register Decree (AB 1989 No. GT 87); b. a notarial deed of incorporation or a similar official document in which the incorporation of the legal entity has been laid down; c. recent financial statements provided with an audit report; d. a deed or statement, drawn up or issued by:

  • a civil law notary domiciled in Aruba, or
  • a civil law notary or an independent professional similar to the profession of civil law notary domiciled abroad. Article 2
  1. This Ministerial Order shall enter into force as of the date following the date of its publication in the Statute Publication Gazette of Aruba.
  2. It may be cited as Regulation verification documents AML/CFT State Ordinance.

M.E. de Meza