2023-12-05
The Financial Intelligence Processing Unit (CTR) issued Instruction No. 03 of 2023 to mandate that financial institutions and designated non-financial businesses implement risk-based due diligence procedures for Politically Exposed Persons (PEPs). Regulated entities must establish robust risk management systems, obtain competent authority approval before initiating or continuing PEP relationships, apply enhanced due diligence and strict monitoring, verify the origin of funds, and maintain detailed records. Additionally, entities must determine PEP status or beneficial ownership in life insurance contracts by claim payment, notify authorities before disbursement, conduct comprehensive relationship reviews, and file suspicious transaction reports when higher risks are identified.
Page 1 of 3 Ministry of Finance Financial Intelligence Processing Unit (CTR)
Instruction No. 03 of the year 2023, dated 21 Jumada El-Oula, corresponding to December 5, 2023 regarding the obligations of regulated entities towards Politically Exposed Persons
The President of the Financial Intelligence Processing Unit,
Article 1: This instruction aims to define the obligations of regulated entities towards customers who are Politically Exposed Persons.
Article 2: The terms and expressions contained in this instruction have the following meanings: Politically Exposed Person: A politically exposed person is defined in accordance with the definition provided in Article 4 of Law No. 05-01 of 27 Dhu al-Hijjah 1425, corresponding to February 6, 2005, regarding the prevention and fight against money laundering and terrorist financing, as amended and supplemented, stipulating that any Algerian or foreign national, elected or appointed, who has held or currently holds high legislative, executive, administrative, or judicial offices in Algeria or abroad, as well as senior officials of political parties, and persons who hold or have held important functions within or for international organizations.
Page 2 of 3 Beneficial Owner: The natural person(s) who, ultimately:
Article 3: Financial institutions and designated non-financial businesses and professions are required to identify, understand, and assess risks and apply a risk-based approach in customer due diligence procedures regarding clients who are Politically Exposed Persons, which represent the risks stipulated by the aforementioned Law No. 05-01, as amended and supplemented, along with its implementing texts, including instructions issued by the Financial Intelligence Processing Unit (CTR), and to establish necessary policies, strategies, and procedures for this purpose.
Article 4: In addition to the due diligence measures stipulated by the aforementioned Law No. 05-01, as amended and supplemented, and its implementing texts, regulated entities are required to take the following measures regarding Politically Exposed Persons:
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Article 5: Regulated entities must take necessary measures to determine whether the client is a Politically Exposed Person or a beneficial owner of a life insurance contract, at the latest upon payment of the claim and when higher risks are identified. If so, they must proceed as follows:
Article 6: Non-compliance with the provisions of the aforementioned Law No. 05-01, as amended and supplemented, and its implementing texts, including this instruction, is subject to penalties stipulated by the prevailing regulations.
The President of the Financial Intelligence Processing Unit Mohammed SAOUDIA