Financial Intelligence Regulations 2022

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Statutory Instrument No. 14 of 2022

FINANCIAL INTELLIGENCE ACT
(Cap. 08:07)

FINANCIAL INTELLIGENCE REGULATIONS, 2022
(Published on 25th February, 2022)

ARRANGEMENT OF REGULATIONS

REGULATION

PART I — Preliminary

1. Citation
2. Interpretation

PART II — Establishment and Ascertainment of Information

3. Prominent influential person in private entity
4. Conduct of customer due diligence
5. Establishing identity of customer
6. Ascertainment of information concerning natural persons
7. Ascertainment of information concerning body corporate
8. Ascertainment of information concerning other entities
9. Ascertainment of information concerning partnerships
10. Ascertainment of information concerning trusts
11. Application of enhanced due diligence measures
12. Additional enhanced due diligence measures relating to beneficiaries of life insurance services
13. Application of simplified due diligence measures

PART III — Verification of Information

14. Verification of information
15. Verification in absence of contact person
16. Maintenance of up-to-date particulars
17. Customer acceptance policy

PART IV — Keeping of Records

18. Keeping of records
19. Record keeping by third parties

PART V — Reporting Obligations of Transactions

20. Reporting cash transactions
21. Manner of reporting suspicious transactions
22. Period of reporting
23. Intervention by Agency
24. Analysis of reports received and referral of suspected offences

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PART VI — Wire Transfers

25. Reporting of wire transfers
26. Obligations of financial institutions when undertaking wire transfer
27. Obligations of financial institutions when undertaking wire transfer as intermediary
28. Obligations of financial institutions that receive wire transfer

PART VII — Compliance Programmes and Group Wide Programmes

29. Compliance programmes to be implemented by specified party
30. Internal rules concerning ascertainment and verification of identities
31. Internal rules concerning keeping of records
32. Internal rules concerning reporting of suspicious transactions
33. Supervisory action concerning implementation of group-wide programmes
34. Consolidated group supervision

PART VIII — Miscellaneous

35. Powers of examination
36. Certificate issued by Agency
37. Defence
38. Revocation of S.I. No. 104 of 2019
    SCHEDULE

IN EXERCISE of the powers conferred on the Minister of Finance and Economic Development by section 63 of the Financial Intelligence Act, the following Regulations are hereby made —

PART I — Preliminary

1. These Regulations may be cited as the Financial Intelligence Regulations, Citation 2022.
2. In these Regulations, unless the context otherwise requires — Interpretation
   "batch file" means a wire transfer comprising a number of wire transfers that are sent to the same financial institution and which may or may not be ultimately intended for different persons; "close company" has the same meaning assigned to it under the Companies Cap. 42:01 Act; "company" has the same meaning assigned to it under the Companies Act; "document" means an original document or copy of the original document certified to be a true copy by a commissioner of oaths, appointed under Commissioner of Oaths Act; Cap. 05:03 "entity" means an association, a government department, a non-governmental organisation, an international organisation, an intergovernmental organisation, legal arrangement and includes a legal person other than a Botswana company or close company or a foreign company; "establishing" in relation to establishing the identity of a customer in terms of these Regulations means a two tier process consisting of ascertainment and verification and "establish" shall be construed accordingly;

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"foreign company" has the same meaning assigned to it under the Companies Act; Cap. 01:02 "identity card" has the same meaning assigned to it under the National Registration Act; "manager" in respect of a local or foreign company, means the natural person who is the principal executive officer of the company by whatever name he or she may be designated and whether or not he or she is a director of that company;

PART II — Establishment and Ascertainment of Information

Prominent 3. For purposes of section 2 of the Act, a senior executive of a private entity, influential with a turnover above P1 000 000 or the equivalent in foreign currency, is a person in prominent influential person. private entity

Conduct of 4. For the purposes of section 16 (1) (a) and (b) of the Act, a specified party customer due shall conduct customer due diligence for a transaction or occasional transaction diligence of an amount equal to or in excess of P10 000.

Establishing 5. (1) For the purposes of establishing the identity of a customer under section identity of 20 of the Act, a specified party shall comply with these Regulations regarding customer ascertainment and verification of the identity of a customer. (2) Where a specified party is not satisfied with the information received from a customer, the specified party shall — (a) not open an account for the customer; (b) not commence a business relationship with the customer; (c) not perform the transaction; and (d) consider making a suspicious transaction report in relation to the customer. (3) Where a specified party cannot, establish the identity of a customer due to impossibility or reasonable impracticability, a specified party shall — (a) as far as it is reasonably possible, take steps to ascertain or verify such identity; and (b) without delay give written notice to the Agency of such impossibility or impracticability indicating any alternative measures used to identify or verify the identity. (4) The steps to be taken for establishing the identity of a customer under section 20 of the Act may be completed by the employee or other representative of the specified party, but the specified party shall take reasonable steps to ensure that the person is sufficiently trained and resourced to ensure compliance with those procedures. (5) The authority to act on behalf of another under section 20(4) of the Act shall be in Form A set out in the Schedule. (6) For purpose of section 20(5) of the Act, a specified party shall when verifying the identity of an existing customer, take into account — (a) any indication that the identity of the customer, or the customer's beneficial owner, has changed; (b) any transaction which is not consistent with the specified party's knowledge of the customer; (c) any change in the purpose or intended nature of the specified party's relationship with the customer; and (d) any other matter which might affect the specified party's assessment of the financial offence risk in relation to the customer.

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(7) Where the beneficial owner is a legal person or legal arrangement, the specified party shall take reasonable measures to understand the ownership and control structure of that legal person or legal arrangement.

6. (1) For purposes of ensuring compliance with the Act, where a specified Ascertainment party seeks to establish the identity of a natural person, the specified party shall of information ascertain the following — concerning
   (a) the person's full name; natural persons
   (b) the person's nationality;
   (c) where the person is a citizen or resident of Botswana, the identity card number and date of birth of such person; (d) where the person is not citizen or resident of Botswana, the passport number and date of birth of such person; (e) where the person is a refugee, a refugee identity card number and date of birth of such person; (f) where the person is a citizen or resident of Botswana, the person's residential address in Botswana; (g) where the person is not a citizen or resident of Botswana, the residential address in his or her country of domicile and physical address in Botswana; (h) the person's contact details; (i) the person's occupation or source of income; (j) nature and location of business activities, if any; (k) the source of funds involved in the transaction; and (l) an original of the recent council rate or utility bill receipt. (2) If the person referred to in subregulation (1) does not have the legal capacity to establish a business relationship or conclude a transaction without the assistance of another person, the specified party shall ascertain the particulars referred to in subregulation (1) (a) to (g) in relation to the person who provided such assistance.

7. (1) For the purposes of ensuring compliance with the Act, where a specified Ascertainment party seeks to establish the identity of a body corporate, the specified party shall of information ascertain the following — concerning
   (a) the registered name and registration number of the body corporate; body corporate (b) if the body corporate is a foreign company, the name under which such body corporate conducts business in the country in which the body corporate is incorporated; (c) if the body corporate is a foreign company that conducts business in Botswana using a name other than the name specified under paragraph (a) or (b), the name the body corporate uses in Botswana; (d) if the body corporate is a foreign company, the registered address from which the body corporate operates in the country where it is incorporated or if it operates from multiple addresses in that country, the address of its head office; (e) if the body corporate operates within Botswana, the address from which it operates in Botswana, or if it operates from multiple addresses within Botswana, the address of the office seeking to establish a business relationship or to conclude a transaction with the specified party; (f) the nature of business of the body corporate;

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(g) the income tax and value added tax registration numbers of the company or close company issued by Botswana Unified Revenue Service, or if incorporated outside Botswana, such numbers issued by a similar revenue office in the country in which it is incorporated if such numbers were issued; and (h) the particulars referred to in regulation 6 (1) (a), (b) or (c) whichever is applicable concerning — (i) the manager of the company, or in the case of a close company, each member, (ii) each natural person who purports to be authorised to establish a business relationship or conclude a transaction with a specified party on behalf of a body corporate, or (iii) the identity of a natural person who either directly or indirectly holds more than 10 percent shares, voting right or other ownership interest; (i) whether a copy of the resolution of the Board authorising the account signatories is provided; (j) whether copies of the powers of attorney or any other authority, affecting the operation of the account and given by the directors in relation to the company, are provided; and (k) whether the records submitted are sufficient to permit a reconstruction of individual transactions, including the amounts and types of currency involved, if any, so as to provide, if necessary, evidence for prosecution of criminal behaviour.

Ascertainment 8. A specified party shall ascertain, in respect of any entity — of information (a) the registered name and registration number of the entity, if registered; concerning (b) the office or place of business, if any, from which the entity operates; other entities (c) the entity's principal activities; (d) the full name, residential address if available, and any one of the following details of the natural person purporting to be authorised to establish a business relationship or conclude a transaction with the specified party on behalf of the entity — (i) identity card number and date of birth, where the natural person is a citizen of Botswana, or (ii) passport number and date of birth, where the natural person is not a citizen or resident of Botswana; and (e) the identity of a natural person who either directly or indirectly holds more than 10 percent shares, voting right or other ownership interest.

Ascertainment 9. A specified party shall ascertain in respect of a partnership, the partnership's — of information (a) registered name; concerning (b) office or place of business, if any, or where applicable, its registered partnerships address; (c) registration number; and (d) full name, residential address if available, and any one of the following details of each partner, including silent partners in a limited partnership and any other natural person purporting to be authorised to establish a business relationship or conclude a transaction with the specified party on behalf of the partnership —

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(i) the identity card number and date of birth, where the natural person is a citizen Botswana, or (ii) the passport number and date of birth, where the natural person is a not a citizen or resident of Botswana, and (iii) refugee identity card number and date of birth, where the person is a refugee.

10. (1) A specified party shall ascertain in respect of a trust — Ascertainment
    (a) the full names of the trust, its registration number, its previous names of information and sub-trusts, if any; concerning trusts (b) the date in which the trust was set up; (c) the country where the trust was set up and the manner of its creation, whether by trust instrument or otherwise; (d) the place where the trust is administered; (e) tax details of the trust, if any, and the place where the trust is considered to be resident for tax purposes; (f) a statement of account of the trust, describing the trust assets and identifying the value of each category of the trust assets; (g) the source of funds used to acquire trust assets; (h) the particulars referred to in regulations 6 and 7, whichever is applicable, in relation to each individual and entity in the trust, including the settlor, trustee, beneficiaries, protector, if any, and the natural person exercising ultimate effective control over the trust; (2) For beneficiaries of a trust that are designated by characteristics or by class, specified parties shall obtain sufficient information concerning the beneficiary to enable the specified party to be able to establish the identity of the beneficiary at the time of the payout or when the beneficiary intends to exercise vested rights.

11. (1) When assessing whether there is a risk of commission of a financial Application of offence, and the extent of measures to be taken to manage and mitigate such enhanced due risk, in terms of section 21(1) (a) of the Act, a specified party shall take into diligence account — measures
    (a) customer risk factors including whether —
    (i) the customer is a legal person or legal arrangement that holds personal assets, (ii) the customer is a company that has nominee shareholders or shares in bearer form, (iii) the customer is a business that is cash intensive, or (iv) the corporate structure of the customer is unusual or excessively complex given the nature of the company; (b) product, service transaction or delivery channel risk factors including whether — (i) the product involves private banking, (ii) the product or transaction is the one which might favour anonymity, (iii) the situation involves non-face to face business relationships or transactions, without proper safeguards, such as electronic signatures, (vi) payments will be received from unknown or unassociated third parties, or (v) new products, new business practices, new business procedures or new delivery mechanisms, are involved.

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(2) The enhanced due diligence measures taken by a specified party in terms of section 21 (1) (e) of the Act shall include — (a) examining the background and purpose of the transaction; and (b) increasing the degree and nature of monitoring of business relationships made, to determine whether the transaction or business relationship is suspicious.

Additional 12. (1) Upon establishment of the identity of a beneficiary of a life insurance enhanced due service in terms of section 23, a specified party shall where — diligence (a) the beneficiary is a natural person, legal person or arrangement, keep measures the full name of the person, legal person or arrangement; or relating to (b) the beneficiaries are designated by specified characteristics, as a class beneficiaries or any other way, of life insurance obtain sufficient information concerning the beneficiaries to satisfy itself that services it will be able to verify the identity of a beneficiary at the time of the payout. (2) A specified party shall verify the identity of a beneficiary at the time of the payout. (3) Where a specified party becomes aware that all or part of the rights under the insurance policy are, being or have been assigned to a new beneficiary, the specified party shall establish the identity of the new beneficiary as soon as possible after becoming aware of the assignment and at the time of the payout.

Application 13. When assessing whether the risk of commission of a financial offence of simplified is low, in terms of section 28 (1) of the Act, a specified party shall take into due diligence account — measures (a) customer risk factors including whether the customer is — (i) a public administration or a statutory body, (ii) an individual resident in a low risk jurisdiction, (iii) subject to regulation under this Act, or (v) a company whose securities are listed on a regulated market; (b) product service, transaction or delivery channel risk factors, including whether the product or service is — (i) a life insurance policy for which the premium is low, (ii) an insurance policy for a pension scheme which does not provide for an early surrender option, and cannot be used as collateral, or (iii) a product where the risk of commission of a financial offence is managed; and (c) jurisdiction risk factors, including whether the country in which the customer is resident, established or registered or operates is not a high risk jurisdiction.

PART III — Verification of Information

Verification of 14. (1) Any information or particulars ascertained by a specified party information required under Part II of these Regulations, shall be verified by the specified party by comparing such information obtained with the applicable and corresponding independent and reliable information set out in the following documentation — (a) a trust instrument or deed of trust; (b) a national identification document issued by the person's country of origin, domicile or citizenship; (c) a passport; (d) a refugee identity card;

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(e) a birth certificate;
(f) any document of authorisation to act on behalf of such person, company, trust or other entity; (g) a constitution or close company's certificate of incorporation, which shall be regarded as sufficient evidence that the body corporate has complied with the law to which it is subject, founding statement or partnership agreement, if any, or other similar documentation including notification of situation of registered and business address; or (h) any reliable document, data or information that reasonably serves to verify any of the information obtained by the specified party in ascertaining the information set out in Part II of these Regulations. (2) If it is deemed to be reasonably necessary, taking into account any guidance notes concerning the verification of identity that may apply to a specified party, the specified party shall, in addition to the verification undertaken in terms of subregulation (1), verify any of the information or particulars ascertained as part of establishing identity by comparing such particulars with any applicable and corresponding reliable document, data or information.

15. (1) Where a specified party ascertained information, in terms of these Verification in Regulations, about a customer without contact in person, with the natural absence of person or with the representative of the customer, the specified party shall take contact with reasonable steps to ensure the existence and to establish the identity of that person customer, taking into account any guidance notes concerning the verification of identities that may apply to that specified party.
    (2) Where the customer referred to in subregulation (1) is a natural person, the specified party shall ensure the existence and to establish the identity of that customer by — (a) obtaining a reference from a well known professional, an employer of the customer of the specified party, or a known customer of the specified party who knows the natural person; or (b) requesting original recent council rates or utility bill receipt.

16. (1) A specified party or accountable institution shall take reasonable Maintenance of steps, taking into account any guidance notes which may apply to that specified up-to-date party or accountable institution in respect of an existing business relationship, particulars to maintain up-to-date information relating to particulars which are susceptible to change and which particulars were ascertained under these Regulations or the Act for the purpose of establishing identity.
    (2) A specified party shall update periodically particulars under subregulation (1) based on any risk assessment conducted in terms of section 13 of the Act.

17. (1) A specified party shall ensure that a customer acceptance policy, Customer internal rules, programmes, policies, or procedures that are to be implemented acceptance and maintained in terms of section 14 (1) (e) of the Act are comprehensive, policy approved by senior management and includes clear guidelines and criteria as to —
    (a) the information required and methods to be used in ascertaining and verifying the identity and acceptance of current and prospective customers in accordance with these Regulations; and (b) any guidance notes which shall set out international standards to be met in respect of customer due diligence. (2) The information required as part of the specified party's customer acceptance policy shall include —

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(a) relevant information pertaining to the customer's background; (b) the customer's country of origin and residence; (c) any linked accounts that the customer or any other party to the business relationship or transaction may have with the specified party; (d) the nature and location of the customer's business activities as well as the nature and source of personal income; (e) the volume or expected volume of transactions in which the customer engages or is suspected to engage in; (f) the customer's business partners; and (g) any other information that may assist the specified party to determine whether the business relationship with the customer may be vulnerable to money laundering or proceeds of any other crime.

PART IV — Keeping of Records

Keeping of 18. (1) A specified party shall in addition to its responsibility under section 31 records of the Act to keep records, keep a copy of each report sent to the Agency in terms of section 38 of the Act as well as copies of records and documents supporting the report in a manner that allows any additional information requested under section 52 of the Act to be forwarded without delay to the person requesting the additional information. (2) The Agency shall keep a record of information received under section 52 of the Act. (3) A record or document referred to in subregulations (1) and (2) shall be kept — (a) for a period of at least 20 years from the date of filing the report with the Agency; and (b) in the manner that protects the confidentiality of the copy, record or document involved.

Record keeping 19. (1) A specified party shall, where a third party keeps records on behalf of by third parties the specified party, in terms of section 33 ensure it has sufficient access to such records in order to comply with its obligations under the Act without delay. (2) A specified party shall, in terms of section 33 (2) of the Act provide the supervisory Authority with the identification and contact details of the third party referred to in subregulation (1), including the following particulars — (a) the third party's full name, if the third party is a natural person or registered name, if the third party is a company or close corporation; (b) the name under which the third party conducts business; (c) the full name and contact details of the individual who exercises control over access to records kept under subregulation (1); (d) the physical address where the records are kept; (e) the address from where the third party exercises control over the records; and (f) the full name and contact details of the individual who liaises with the third party on behalf of the specified party concerning the retention of the records.

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PART V — Reporting Obligations of Transactions

20. (1) A specified party or accountable institution shall report to the Agency Reporting cash a cash transaction concluded with a customer where the amount is equal to or transaction in excess of P10 000 or an equivalent amount in foreign currency.
    (2) A cash transaction report required to be made under subregulation (1) shall be made in Form B set out in the Schedule and shall be sent electronically to the Agency by means of an internet based reporting portal provided by the Agency for this purpose. (3) Where a specified party or accountable institution required to make a report under subregulation (1) does not have the technical capability, or for any other reason, is unable to make a report in the manner required under subregulation (1), the specified party, accountable institution or person shall complete the required form in writing and include such further information as may be requested by the Agency and — (a) send it by facsimile to the Director General at the number specified in writing by the Agency from time to time; (b) deliver it to the Agency; or (c) send it by a method determined by the Agency whether as an alternative means or as an exclusive means.

21. (1) Subject to subregulation (2), a suspicious transaction report required Manner of to be made under sections 39 and 40 of the Act shall be made in Form C set out reporting in the Schedule and shall be sent electronically to the Agency by means of an suspicious internet based reporting portal provided by the Agency for this purpose. transactions
    (2) Where a specified party, accountable institution or person required to make a report under subregulation (1) does not have the technical capability, or for any other reason, is unable to make a report in the manner required under subregulation (1), the specified party, accountable institution or person shall complete the required Form C and include such further information as may be requested by the Agency and — (a) send it by facsimile to the Director General at the number specified in writing by the Agency from time to time; (b) deliver it to the Agency; or (c) send it by a method determined by the Agency whether as an alternative means or as an exclusive means. (3) Where a specified party, accountable institution or person makes a report to the Agency, the Director General shall for purposes of section 6 (2) (e) of the Act, ensure that feedback is given to the person, the specified party or an accountable institution making the report within 14 working days from the date of the receipt.

22. (1) A report made in terms of section 38 or 40 of the Act shall be sent to Period of the Agency as soon as possible, but not later than five working days after the reporting suspicion arose concerning the transaction that gave rise to the need to report, unless the Agency, in writing, approves the sending of the report after the expiry of the period.
    (2) A report made in terms of section 39 of the Act shall be sent to the Agency as soon as possible, but not later than five working days after the transaction was concluded, unless the Agency, in writing, approves the sending of the report after the expiry of the set period.

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Intervention by 23. (1) For purposes of sections 44 and 45 of the Act, and in order to facilitate Agency the recognition and handling of a suspected financial offence by a specified party, accountable institution or person, if on the basis of a suspicious transaction report made to the Agency under section 38 or 40 of the Act — (i) it is reasonably foreseeable that carrying out that transaction or other related transaction will jeopardise any investigations or proceedings; or (ii) the transaction will or is likely to result in such proceeds being put beyond the reach of Botswana authorities, the specified party, accountable institution or person shall in addition to making the report within the time period specified under regulation 22, contact, as soon as reasonably possible, the Director General or Officers of the Agency, at such contact details as may be specified in writing by the Agency from time to time, for the purposes of consultation and intervention as provided for under section 45 of the Act. (2) If after consultation, the Agency considers it necessary that the specified party, accountable institution or person may proceed with the transaction or any other transaction in respect of funds contemplated under section 45 of the Act, the specified party, accountable institution or person may continue with and carry out any such transaction as provided under section 44 of the Act.

Analysis of 24. (1) The Agency shall analyse all the information and reports received by reports received it for the purpose of determining whether any information contained in a report and referral of constitutes reasonable grounds to suspect that — suspected (a) a person, specified party or accountable institution has committed any offences act or omission which constitutes an offence under the Act or these Regulations; or Cap. 08:03 (b) a person has committed an offence under the Proceeds and Instruments of Crime Act. (2) Where the Agency has reasonable grounds, after analysing the reports submitted to under subregulation (1), to suspect that a person, a specified party, or accountable institution has committed an offence, it shall refer the matter, together with any recommendations the Agency may consider appropriate, to the relevant investigating authority.

PART VI — Wire Transfers

Reporting of 25. (1) For the purposes of section 42 (1) of the Act, a financial institution wire transfers that through a wire transfer, receives into or sends out of Botswana, an amount equal to or in excess of P10 000, on behalf or on the instruction of a customer or any person, shall report to the Agency such transaction. (2) The report made in terms of subregulation (1) shall contain, in respect of — (a) the natural or legal person making the report or other entity on whose behalf the report is made — (i) the name of the person or entity, (ii) the identity card number where the natural person who makes the report is a citizen of Botswana, refugee identity card number or passport number where the natural person is not a citizen or resident of Botswana, (iii) registration number where the report is made on behalf of a legal person,

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(iv) the address of the person or entity,
(v) the type of business or economic sector of the specified party and the reporting institution, (vi) where the person making the report is a natural person, the natural person's contact details, and (vii) where the person making the report is a legal person or other entity, the surname, initials and contact details of a contact person; (b) the transaction which is reported under subregulation (1), full particulars of — (i) the amount of money transferred, (ii) the value date on which the electronic transfer was effected, (iii) the currency transferred and value thereof in Botswana on the date of transfer, (iv) the unique transaction reference number allocated to the transaction, (v) the account number concerned, where the money transferred is debited from an account held at a sending financial institution, or where the money received is credited to an account held at a receiving financial institution, and (vi) the intended purpose of the electronic money transfer as stated by the customer of the financial institution making the report; (c) the customer of a financial institution on whose behalf or instruction money is received into or sent out of Botswana — (i) where the customer is a natural person, the name and surname, or initials and surname, identity card number, refugee identity card number or passport number and date of birth, (ii) where the customer is a legal person or other entity, the name of such legal person or entity, registration number if any and the name of the natural persons with authority to conduct the transaction on behalf of the legal person or other entity, and (iii) business or residential address and contact details of the customer or the natural person acting on behalf of the customer where the customer is a legal person or other entity; (d) the beneficiary of money sent out of Botswana, or the originator of the money equal to or in excess of P10 000 received into Botswana — (i) the full names of the beneficiary or originator, (ii) the date of birth of the beneficiary or the originator, (iii) identity card number, refugee identity card number or passport number of the beneficiary or originator, (iv) a business or residential address of the beneficiary or originator, and (v) contact details of the beneficiary or originator. (3) Any money or value transfer service provider that controls both the ordering and the beneficiary side of a wire transfer shall — (a) take into account all the information from both the ordering and beneficiary sides in order to determine whether a suspicious transaction report has to be filed; and (b) file a suspicious transaction report in any country affected by the suspicious wire transfer, and make relevant transaction information available to the Agency.

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(4) A report made under this regulation shall be sent to the Agency as soon as possible, but not later than two working days after the financial institution or any of its employees has become aware of the fact that a wire transfer received into or sent out of Botswana is equal to or has exceeded the amount of P10 000.

Obligations of 26. (1) For the purposes of section 42 (2) of the Act, a financial institution financial when undertaking a cross-border wire transfer shall include accurate originator institutions and beneficiary information as follows — when (a) the name of the originator; undertaking (b) the originator's account number or unique transaction reference number; wire transfer which can permit traceability, where there is no account number; (c) the originator's address and national identity or customer identification number and date and place of birth; (d) the name of the beneficiary; (e) the beneficiary account number, where such an account is used to process the transaction, or a unique transaction reference number which can permit traceability, where there is no account number; and (f) the source and purpose of funds. (2) A financial institution shall ensure that the information accompanying a domestic wire transfer shall include required accurate originator and beneficiary information as indicated for cross-border wire transfer under subregulation (1). (3) Originator and beneficiary information collected under this regulation shall be maintained in accordance with section 31 of the Act. (4) An ordering financial institution shall not execute a wire transfer if the wire transfer does not comply with the requirements of these Regulations. (5) The information referred to under subregulation (3) shall be made available within three working days of receiving a request from the beneficiary financial institution or a competent authority.

Obligations of 27. (1) A financial institution that undertakes wire transfer as an intermediary financial shall ensure that all originator and beneficiary information, obtained under institutions regulation 26 is retained with the transfer. when (2) A financial institution referred to in subregulation (1) shall, where undertaking technical limitations prevent the required originator or beneficiary information wire transfer accompanying a cross-border wire transfer from remaining with a related as intermediary domestic wire transfer, keep a record of all the information received from the ordering or other intermediary financial institution in accordance with section 32 of the Act. (3) A financial institution referred to in subregulation (1) shall take reasonable measures to identity cross-border wire transfer that lack required originator or beneficiary information under regulation 25. (4) The measures referred to in subregulation (3) shall be consistent with straight-through processing. (5) For the purposes of this regulation, "straight-through processing" means payment transactions that are conducted electronically without the need for manual intervention. (6) A financial institution referred to in subregulation (1) shall implement policies and procedures which have regard to risks identified to determine when to — (a) execute; (b) reject; or (c) suspend,

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a wire transfer that is not accompanied by information required under regulation 26 (1) and take appropriate follow-up action.

28. (1) A financial institution that receives a wire transfer as a beneficiary Obligations of financial institution shall — financial
    (a) verify the identity of the beneficiary before undertaking a wire transfer institutions where such identity was not previously verified, and maintain such that receive information in accordance with section 32 of the Act; and wire transfer (b) take reasonable measures, including post-event monitoring or real-time monitoring, where feasible, to identify cross border wire transfer that lack the required originator or beneficiary information. (2) A financial institution referred to in subregulation (1) shall implement policies and procedures which have regard to risks identified to determine when to — (a) execute; (b) reject; or (c) suspend, a wire transfer that is not accompanied by information required under regulation 26 (1) and take appropriate follow-up action.

PART VII — Compliance Programmes and Group Wide Programmes

29. (1) A specified party shall adopt, develop and implement a programme Compliance which ensures compliance with obligations of the specified party under the Act programmes to and these Regulations. be implemented
    (2) Subject to regulations 29 and 30, a specified party shall adopt, develop by specified and implement as part of the compliance programme referred to in subregulation party (1), internal rules which — (a) confirm the responsibility of the management of the specified party in respect of compliance with the Act and the internal rules; (b) provide for the necessary procedures to ensure that customers are identified and the required particulars concerning the identities are verified; (c) provide for the necessary procedures including effective ongoing monitoring systems to enable staff to recognise potentially suspicious and unusual transactions or series of transactions and to report such suspicious transactions in terms of these Regulations; (d) allocate responsibilities and accountability to ensure that staff duties concerning keeping are complied with; (e) provide for disciplinary steps to be taken against the relevant staff members for non-compliance with the internal rules; and (f) take into account any guidance notes concerning duties that may apply to the specified party. (3) Where a specified party has employees, agents or persons authorised to act on its behalf in the programme referred to in subregulation (1), the specified party shall furthermore include as far as practicable, an ongoing compliance training programme for those employees, agents or persons to ensure that they are able to comply with the duties of the specified party. (4) A specified party that designates a compliance officer under section 14 (1) (a) of the Act shall take reasonable steps to ensure that the compliance officer has training and resources to discharge his or her obligations, and keep records of the said training for a period stipulated in section 32 of the Act.

C.126

(5) A specified party shall adopt an independent audit function to ensure compliance with this regulation.

Internal rules 30. A specified party shall have rules concerning the establishment and concerning verification of identities which shall — ascertainment (a) provide for the necessary processes and working methods which will and ensure that the required particulars concerning the identities of the parties verification to a business relationship or transaction are obtained on each occasion of identities when a business is established or a transaction is concluded with the specified party; (b) provide for the steps to be taken by the relevant staff members aimed at the verification of the required particulars concerning the identities of the parties to a business relationship or transaction; (c) provide for the responsibility of the management of the specified party in respect of compliance with the Act, and the internal rules regarding ascertainment and verification of identity; (d) allocate responsibilities and accountability to ensure that staff duties concerning the ascertainment and verification of identities are complied with; (e) provide for disciplinary steps against members concerned for non-compliance with the Act and the internal rules regarding the ascertainment and verification of identities; and (f) take into account any guidance notes concerning the ascertainment and verification of identities which may apply to the specified party.

Internal rules 31. A specified party shall have internal rules concerning the keeping of concerning records in terms of section 31 of the Act which shall — keeping of (a) provide for the necessary processes and working methods to ensure that records relevant staff members of the specified party obtain the information pertaining to which records shall be kept on each occasion when a business relationship is established or a transaction is concluded with the specified party; (b) provide for the responsibility of the management of the specified party in respect of compliance with the Act and internal rules regarding the keeping of records; (c) allocate responsibilities and accountability to ensure that requirements concerning the keeping of records are complied with; (d) provide for disciplinary steps against members of staff concerned for non-compliance with the internal rules regarding the keeping of records; (e) provide for the necessary processes and working methods to ensure that the accuracy and the integrity of the records is maintained for the entire period for which they must be kept; (f) provide for the necessary processes and working methods to ensure that access required or authorised under the Act by the relevant staff members to the records can be obtained without undue hindrance; and (g) take into account any guidance notes concerning the keeping of records which may apply to the specified party.

Internal rules 32. A specified party or accountable institution shall have rules concerning concerning the reporting of suspicious and unusual transactions which shall — reporting of (a) provide for the necessary processes and working methods which will suspicious ensure that suspicious transactions are reported without undue delay; transactions

C.127

(b) provide for the necessary processes and working methods to enable staff to recognise potentially suspicious transactions or series of transactions; (c) provide for the responsibility of the management of the specified party or accountable institution in respect of compliance with the Act and the internal rules; (d) allocate responsibilities and accountability to ensure that staff duties concerning the reporting of suspicious transactions are complied with; (e) provide for disciplinary steps against members concerned for non-compliance with the internal rules regarding the reporting of suspicious and unusual transactions; and (f) take into account any guidance notes concerning the reporting of suspicious transactions which may apply to the specified party or accountable institution.

33. (1) The supervisory authority shall determine whether the additional Supervisory measures taken by the specified party under section 15 (9) (b) of the Act, are action sufficient to counter the commission of a financial offence. concerning
    (2) Where the supervisory authority does not consider the measures referred implementation to in subregulation (1) to be sufficient, the supervisory authority may direct the of group-wide specified party to — programmes (a) not enter into a business relationship with the foreign branch or majority-owned subsidiary operating in a foreign country; (b) not to undertake transactions associated with risk of commission of a financial offence; (c) cease any operation in a particular foreign country; or (d) ensure that its subsidiary undertaking — (i) does not enter into a business relationship with the foreign branch or majority-owned subsidiary operating in a foreign country, (ii) does not undertake transactions associated with risk of commission of a financial offence, or (iii) ceases any operation in a particular foreign country. (3) The direction given under subregulation (2) shall be in writing and shall — (a) give details of the direction; and (b) state the reasons for the direction. (4) The direction given under subregulation (2) shall come into effect on such date as the supervisory authority may appoint or if no date is so specified, then it shall come into effect on the date that it is issued.

34. For purposes of section 49 (1) (h) of the Act, a supervisory authority shall Consolidated when applying consolidated group supervision — group
    (a) understand the overall structure of the financial group and be familiar supervision with all the material activities conducted by entities in the wider group, both domestic and cross-border; (b) understand and assess how group-wide money laundering and terrorism financing risks are managed; (c) take action when risks arising from the financial group and other entities in the wider group jeopardise the safety and soundness of the financial institution or the financial system; (d) review whether the oversight of a financial institution's foreign operations by a parent financial institution is adequate, having regard to the money laundering and terrorism financing risk profile and systemic importance;

C.128

(e) ensure that there is no hindrance in host countries for the parent financial institution to have access to all the material information from foreign branches and subsidiaries; (f) take into account the effectiveness of supervision conducted in the host country in which the financial institution has material operations; (g) determine whether a financial institution's policies and processes require local management of cross-border operations to possess necessary expertise to manage such operations in a safe and sound manner, and in compliance with anti-money laundering and counter-financing of terrorism supervisory and regulatory requirements; (h) visit the foreign offices of the financial institution, periodically, the frequency of which shall be determined by the money laundering and terrorism financing risk profile and systemic importance of the foreign operation; and (i) meet the host supervisor during visits referred to in paragraph (h). (j) have a policy for assessing whether the super authority needs to conduct an on-site examination of a financial institution's foreign operations, or require additional reporting; and (k) have the power and resources to conduct on-site examinations referred to in paragraph (j)

PART VIII — Miscellaneous

Powers of 35. (1) In order to carry out an examination of records as contemplated under examination section 36 of the Act, an examiner of the Agency or supervisory authority may — (a) at any time during normal office hours without previous notice, enter any premises occupied by a specified party or accountable institution and require production to him or her of any or all the specified party's or accountable institution's securities, books, records, accounts or documents; (b) search any premises occupied by a specified party or accountable institution for any moneys, securities, books, records, accounts or documents; (c) open or cause to be opened any strong room, safe or other container in which it is suspected that any moneys, securities, books, records, accounts or documents of a specified party or accountable institution are kept; (d) examine and make copies of and extracts from any securities, books, records, accounts and documents of a specified party or accountable institution or, against a full receipt issued by the Agency or supervisory authority for such securities, books, accounts or documents and remove them temporarily from the premises of the specified party or accountable institution for that purpose; (e) require an explanation of any entries in the books, records, accounts or documents of a specified party or accountable institution; (f) against a full receipt issued by the Agency or supervisory authority, seize any securities, books, records, accounts or documents of a specified party or accountable institution which in his or her opinion may serve evidence for an offence or irregularity; and (g) retain any such seized securities, books, records, accounts or documents for as long as they may be required for criminal or other proceedings.

C.129

(2) A person shall when requested under subregulation (1) by the Agency or supervisory authority to do so, produce every security, book, record, account or document of a specified party or accountable institution to which such person has access, and shall, at the request of the Agency or supervisory authority, provide any information at such person's disposal relating to the affairs of the specified party or accountable institution. (3) The Agency or supervisory authority may further inspect the securities, books, records, accounts or documents of any person, partnership or company — (a) where the Agency or supervisory authority has reason to believe that a specified party or accountable institution whose affairs are being inspected has or had a direct or indirect interest in or in the business of the person, partnership or company; (b) where the Agency or supervisory authority has reason to believe that the person, partnership or company has or had a direct or indirect interest in the business of a specified party or accountable institution; and (c) where the Agency or supervisory authority considers it necessary for a proper inspection of the affairs of a specified party or accountable institution that those securities, books, records, accounts or documents be inspected, and the provisions of subregulations (1) and (2) shall with such modifications as may be necessary, apply in respect of an inspection under this subregulation:
(4) For the purposes of subregulation 3(b), a person who holds shares as a nominee or in trust for another person in a specified party or accountable institution shall be considered to have an interest in the specified party or accountable institution and shall upon request of the Agency or supervisory authority disclose the name of that other person. (5) A lawful representative of a specified party or accountable institution of which the securities, books, records, accounts or documents have been retained under subregulation (1) (g), may examine, make entries in and make extracts from such securities, books, records, accounts or documents during office hours and under supervision as the Agency or supervisory authority may consider necessary. (6) Where securities, books, records, accounts or documents of a specified party or accountable institution have been seized under subregulation (1) (f), the specified party or accountable institution may make an application to a magistrate's court for a variation order under the Proceeds and Instruments of Crime Act.

36. A certificate issued by Agency in terms of section 56 of the Act shall be Certificate in Form D set out in the Schedule. issued by
    Agency

37. In proceedings against a specified party, or accountable institution or Defence a person for an offence under these Regulations, it shall be a defence for a specified party, or accountable institution or a person to show that it took all reasonable steps and exercised due diligence to comply with the requirements of these Regulations.

38. The Financial Intelligence Regulations are hereby revoked. Revocation of
    S.I. No. 104 of
    2019

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SCHEDULE

FORM A

Authority to act on behalf of another
(reg. 4(5))

I…………………of Identity Number/Passport No…………………being of sober and sound mind and acting wilfully do hereby appoint…………………of Identity Number/Passport No…………………to act for or on my behalf…………………from…………………until…………………

This appointment is executed for the purpose of expediting the transaction of all investment affairs of mine and to permit action in my name and on my behalf with respect to my financial transactions or my property during this period of appointment.

I confer power on my representative to do all things deemed necessary or proper to carry out the provisions and intent of this appointment or carry out including but not limited to the following powers, all of which may be exercised from time to time at his or her discretion and with respect to…………………in which I now or hereafter have any interest.

Thus signed on this …………day of…………20…………at…………………

Witness

1………………… Signature…………………

2………………… Signature…………………

C.131

FORM B
Cash Transaction Report
(reg. 20 (2))

[Image of the Botswana Coat of Arms]

CASH TRANSACTION REPORT OF P10 000 OR MORE

A cash transaction equal to or in excess of P10 000 is reportable to the Financial Intelligence Agency under the Financial Intelligence Act

INSTRUCTIONS FOR COMPLETING THE REPORT FORM:

• Complete as much of this form as possible, providing clear and accurate information
• All fields are mandatory, if you are unable to answer the question or it isn't relevant please indicate with Not Applicable (N/A)
• Complete the form in black ink and CAPITAL LETTERS
• Mark appropriate boxes with a cross (X)
• For detailed instructions on how to complete this form please refer to guidelines issued by the FIA
• A report must be submitted within 5 days

Report Reference No. ________
Date of Report: //___

Send completed forms by Post to:
The Director General
Financial Intelligence Agency
Private Bag 0190
Gaborone
Botswana

or fax to: +267 3905742

PART A: DETAILS OF THE ACCOUNT / PRODUCT / PERSON / ORGANISATION TO WHICH THE CASH TRANSACTION RELATES

SECTION 1: DETAILS OF THE ACCOUNT / PRODUCT

Account name and /or title
[ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ]

Account number/ Reference number
[ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ]

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Name and location of specified party branch/office where the account is held Branch/office identification number Name of specified party Name of ward/ suburb/city /town Village name District Country

[ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ]

Account type
[ ] Cheque [ ] Savings [ ] Credit card [ ] Custodial [ ] Store value card [ ] Foreign currency [ ] Bullion [ ] Insurance [ ] Lease/hire purchase [ ] Loan [ ] Mortgage [ ] Remittance [ ] Trading [ ] Superannuation/ADF [ ] E-currency [ ] Betting [ ] Investment [ ] Other ________

Account opening date
Day Month Year
Account currency

Account closing date
Day Month Year
Account balance at date of closure

Name of person who closed the account and what happened to the balance of the account i.e. international transfer / transfer to another account

Does the account have any linked accounts?
[ ] Yes if Yes supply account details at end of report [ ] No

Name of account signatories (if more space is required please add in the section 2 narrative or on an additional page)

1. 2.

Description of assets /product

SECTION 2: DETAILS OF THE ACCOUNT OWNER/HOLDER

Given name(s) or title(s)
Surname

Other known name(s)/alias(es)

Business / Company name
Business /Company registration number

Account holder type
[ ] Individual [ ] Company [ ] Partnership
[ ] Association [ ] Trust
[ ] Government body [ ] Registered body
[ ] Other ________

Nature of relationship to Reporting Entity

Is the relationship current or historical?
[ ] Current [ ] Historical
Customer number -- provided by your organisation

C.133

Identification document type
[ ] National ID card [ ] Passport

Identification number
[ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ]

Identification issuer
Place and country of issue

Identification issue date
Day Month Year
Expiry date
Day Month Year

Physical address
Street number and name
Name of ward/suburb/city /town
/Village name
District
Country (if overseas)

[ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ]

Telephone /Cell/email details

Date of birth/ incorporation/ Registration
Day Month Year
Place of birth/ incorporation/ registration

Employment/industry type

Employer details
Name of employer
Street number and name
Name of ward / suburb / city / town
Village name
District
Country (if overseas)

[ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ]

If the account owner is an individual, please specify [ ] Male [ ] Female Country of citizenship

Nature of person on whose behalf the transaction was conducted [ ] Account owner [ ] Authorised agent [ ] Employer [ ] Other ________

SECTION 3: DETAILS OF THE PERSON CONDUCTING THE TRANSACTION (IF DIFFERENT FROM ACCOUNT OWNER/HOLDER)

Given name(s) or title(s)
Surname

Other known name(s)/alias(es)

Business / Company name
Business /Company registration number

C.134

Identification document type
[ ] National ID card [ ] Passport

Identification number
[ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ]

Identification issuer
Place and Country of issue

Identification issue date
Expiry date

Physical address
Street number and name
Name of ward / suburb / city / town
Village name
District
Country (if overseas)

[ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ]

Telephone /Cell/Email details

Date of birth
Day Month Year
Place of birth

Gender
[ ] Male [ ] Female
Country of citizenship

Details of physical profile
[ ] Scar on fa [ ] Walked with a limp [ ] Dirty/heavily worn clothing [ ] Tattoo(s) Other ________________

SECTION 4: DETAILS OF THE BENEFICIARY CUSTOMER (IF APPLICABLE)

Name of other specified party involved

Beneficiary account number (if known)
[ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ]

Given name(s) or title(s)
Surname

Other known name(s)/alias(es)

Business / Company name
Business /Company registration number

Identification document type
[ ] National ID card [ ] Passport [ ] Other photographic ID

Identification number
[ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ]

Identification issuer
Place of issue

Identification issue date
Expiry date

C.135

Physical address
Name of employer
Street number and name
Name of ward/suburb/city/town
Village name
District
Country (if overseas)

[ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ]

Telephone /Cell/Email details

Date of birth / incorporation/ registration
Day Month Year
Place of birth/ incorporation/ registration

If the customer is an individual, please specify [ ] Male [ ] Female Country of citizenship

SECTION 5: DETAILS OF ANY OTHER PARTY TO WHICH THE CASH TRANSACTION RELATES

Given name(s) or title(s)
Surname

Other known name(s)/alias(es)

Business / Company name
Business / Company registration number

Person type
[ ] Individual [ ] Company [ ] Partnership [ ] Association [ ] Trust [ ] Government body [ ] Registered body Other ________________

Nature of relationship to the transaction e.g. conducted the transaction with person of interest

Identification document type
[ ] National ID card [ ] Passport

Identification number
[ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ]

Identification issuer
Place of issue

Identification issue date
Expiry date

Physical address
Name of employer
Street number and name
Name of ward/suburb/city /town
Village name
District
Country (if overseas)

[ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ]

C.136

Telephone / Cell / Email details

Date of birth/incorporation/registration
Day Month Year
Place of birth/ incorporation/ registration

Employment/industry type

Employer details
Name of employer
Street number and name
Name of ward/suburb/city/town
Village name
District
Country (if overseas)

[ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ]

If the customer is an individual, please specify [ ] Male [ ] Female Country of citizenship

PART B: TRANSACTION DETAILS

Amount of transaction and currency of transaction [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ]

Date of transaction
Day Month Year
Time of transaction

Name and location of specified party branch/office where the transaction was conducted Branch/office identification number Name of specified party Name of ward/suburb/ city/town Village name District Country (if overseas)

[ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ]

Type of transaction
[ ] Account opening [ ] Telegraphic transfer [ ] Account deposit/withdrawal [ ] Property transfer [ ] Negotiable instruments [ ] Disposal of securities [ ] Bet placed [ ] Remittance [ ] E-currency transfer [ ] Purchase of traveller's cheques Other ________________

Type of funds/payment instrument transacted

C.137

Transaction channel/mechanism
[ ] Face-to-face/in person [ ] Electronic/internet [ ] Telephone instruction Other ________________

Status of transaction
[ ] Complete [ ] Suspended [ ] Processing

Purpose of transaction

Remarks/comments/explanations made by the customer regarding why the transaction was conducted

PART C: DETAILS OF THE REPORTING ENTITY AND PERSON LODGING THE REPORT

SECTION 1: DETAILS OF THE REPORTING ENTITY

Full name of Reporting entity

Reporting entity identification number

SECTION 2: DETAILS OF THE PERSON MAKING THE TRANSACTION REPORT

Person/officer name

Person/officer position title

Person/officer contact details
Phone Email

Signature/declaration of the reporting officer

For Official Use Only

END OF REPORT

C.138

FORM C
Suspicious Transaction Report
(reg. 21 (1))

SUSPICIOUS TRANSACTION REPORT

[Image of the Botswana Coat of Arms]

A suspicious transaction is reportable to the Financial Intelligence Agency under the Financial Intelligence Act (Cap. 08:07)

INSTRUCTIONS FOR COMPLETING THE REPORT FORM:

• Complete as much of this form as possible, providing clear and accurate information
• All fields are mandatory, if you are unable to answer the question or it isn't relevant please indicate with Not Applicable (N/A)
• Complete the form in black ink and CAPITAL LETTERS
• Mark appropriate boxes with a cross (X)
• For detailed instructions on how to complete this form please refer to STR guidelines issued by the FIA

Report Reference No. ________
Date of report: //___

Send completed forms by Post to:
The Director General
Financial Intelligence Agency
Private Bag 0190
Gaborone
Botswana

or fax to: +267 3905742

PART A: REPORT DETAILS

Is this an amendment or addition to a report previously submitted?
[ ] Yes [ ] No - If no, proceed to Part B.

If yes, list the reference number(s) of previous report(s)

If yes, list the Part(s) and Section(s) of the previous report that are affected (i.e. Part A B or C or sections 1, 2 or 3, etc.)

PART B: DETAILS OF THE ACCOUNT / PRODUCT / PERSON / ORGANISATION TO WHICH THE SUSPICIOUS TRANSACTION RELATES

SECTION 1: DETAILS OF THE ACCOUNT / PRODUCT

Account name and/or title
[ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ]

Account number/Reference number
[ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ]

C.139

Name and location of institution branch/office where the account is held Branch/office identification number Name of institution Name of ward/suburb/city /town Village name District Country

[ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ]

Account type
[ ] Cheque [ ] Savings [ ] Credit card [ ] Custodial [ ] Store value card [ ] Foreign currency [ ] Bullion [ ] Insurance [ ] Lease/hire purchase [ ] Loan [ ] Mortgage [ ] Remittance [ ] Trading [ ] Superannuation/ADF [ ] E-currency [ ] Betting [ ] Investment

Other ________________

Account opening date
Day Month Year
Account currency

Account closing date
Day Month Year
Account balance at date of closure

Name of person who closed the account and what happened to the balance of the account i.e. international transfer/transfer to another account

Does the account have any linked accounts?
[ ] Yes if Yes supply account details at end of report [ ] No

Name of account signatories (if more space is required please add in the section 2 narrative or on an additional page)

1. 2.

Description of assets/product

Jurisdiction where assets are held
Estimated value of assets

SECTION 2: DETAILS OF THE ACCOUNT OWNER/HOLDER

Given name(s) or title(s)
Surname

Other known name(s)/ alias(es)

Business /Company name
Business / Company registration number

C.140

Account holder type
[ ] Individual [ ] Company [ ] Partnership [ ] Association [ ] Trust [ ] Government body [ ] Registered body Other ________________

Nature of relationship to Bank Reporting Entity

Is the relationship current or historical?
[ ] Current [ ] Historical
Client number - provided by your organisation

Identification document type
[ ] National ID card [ ] Passport

Identification number
[ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ]

Identification issuer
Place of issue Country of issue

Identification issue date
Day Month Year
Expiry date
Day Month Year

Physical address
Street number and name
Name of ward/suburb/ city/town/Village name
District
Country (if overseas)

[ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ] [ ]

Telephone /Cell /email details

Date of birth /incorporation/ Registration
Day Month Year
Place of birth/ incorporation/ registration

Employment/industry type/Other

Employer details
Name of employer
Street number and name
Name of ward / suburb / city / town
Village name
District
Country (if overseas)

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