Rule · SAMA · 12 Mar 2017 · 381000063572
Banks’ remittance centers must operate Sunday–Thursday, 9 a.m.–7 p.m., and display these hours. Centers must accept mada cards, provide women’s queues, and handle complaints per SAMA regulations. Membership requires in-person KYC, valid IDs, and prohibits legal persons or shared accounts. Centers must verify transactions, reject dealings with prohibited countries or fictitious names, and use SARIE for domestic remittances.
Saudi Arabian Monetary Authority
General Department of Banking Control Banking Policies Department Important Note:
Jumada Al-Akhir 1438H
Guide to Rules Governing Banks’ Remittance Centers CONTENT
Page No.
Jumada Al-Akhir 1438H
Guide to Rules Governing Banks’ Remittance Centers
10. OUTBOUND AND INBOUND DOMESTIC AND INTERNATIONAL
REMITTANCES............................................................................................................. 12
11. MONEY TRANSFER SERVICES PROVIDERS:................................................ 17
12. SECURITY SAFETY LAWS AND SYSTEMS:.................................................... 19
13. EMPLOYMENT:...................................................................................................... 19
Jumada Al-Akhir 1438H
Guide to Rules Governing Banks’ Remittance Centers
Jumada Al-Akhir 1438H
Guide to Rules Governing Banks’ Remittance Centers 1.1: Scope The regulations of this Guide shall apply to all operations of banks’ remittance centers and licensed remittance companies. SAMA is the supervisory authority authorized to implement and take necessary measures as it deems appropriate in regard to any violations of the regulations of this Guide, including imposing penal fees and/or implementation procedures in accordance with the provisions in force under the Banking Control Law issued by Royal Decree No. M/5 dated 22/02/1386H, and the implementation rules of the provisions of the Banking Control Law issued by Ministerial Resolution No. 3/2149 dated 14/10/1406H. 1.2: Purpose By developing this Guide, SAMA aims to lay down the basic procedures and requirements to govern the work of these centers and ensure the quality of their customer services.
2. Relevant Laws, Rules and Regulations
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Guide to Rules Governing Banks’ Remittance Centers
3. Definitions
The following terms and phrases – wherever mentioned in this Guide – shall have the meanings assigned thereto unless the context requires otherwise:
SAMA:
Saudi Arabian Monetary Authority.
Saudi Arabia Financial Investigation Unit (SAFIU):
The authority authorized to receive and analyze reports of activities suspected of being related to money laundering and terrorist financing from all financial and non-financial institutions. Financial Action Task Force (FATF):
An inter-governmental body that sets standards and promotes effective implementation of legal, regulatory and operational measures to combat money laundering terrorism financing, proliferation financing and other threats related to the integrity of the international financial system. Centers:
Banks’ remittance centers and licensed remittance companies. Bank:
The bank to which the remittance center belongs.
Remittance Membership / Membership:
A register with a bank’s remittance center established by virtue of a contract called "Remittance Membership Opening Agreement" signed by the center and the membership holder (the customer) that includes all of said customer's information. This agreement constitutes rights and obligations for both parties in accordance with the relevant regulations and instructions.
4. Working Hours of Banks’ Remittance Centers:
Jumada Al-Akhir 1438H
Guide to Rules Governing Banks’ Remittance Centers
Jumada Al-Akhir 1438H
Guide to Rules Governing Banks’ Remittance Centers
3) The centers should verify that all electronic services meet the
needs of customers and facilitate the completion of remittances according to state-of-the-art methods.
4) Emphasize on employees to perform their duties efficiently and
professionally, ensuring their ability to provide the required services to customers; and provide appropriate and continuous training for employees.
5) Commit to good behavior and professionalism when providing
customer service.
6) Work on raising the level of service quality within the branch, such
as placing Queuing Machines.
7) Prioritize the service of people with special needs and provide
appropriate tools to facilitate their entry into the branches.
9. Customer Acceptance Policies and Procedures
Customer acceptance policies and procedures include all factors relevant to a customer as the person performing a financial transaction through remittance centers; procedures to verify customer’s identity, address and business, and the amount of income and sources of funds; determining the purpose of establishing the relationship (remittances membership) between the remittance center and its customers, while not dealing with unknown or fictitious names and taking into account the full compliance with regulations and instructions issued by SAMA, AML/CFT-related instructions, ‘Know Your Customer (KYC)’ requirements, and Customer Due Diligence (CDD) procedures for customers of various types and categories; and setting classifications and prerequisites to establish relationships with customers. 9.1: Membership Customers of remittance centers fill in their personal details in the individual membership opening form to benefit from the services provided by the center. The center then issues a membership card to the customer that contains his/her personal number which is linked to an automated system and on which his/her personal details, photo ID, and signature proving the presence of the person himself/herself and the validity of details filled in the form and the details of the beneficiary of the transfer at the center authorized by SAMA to practice this activity. The customer must present their membership number when carrying out any financial transaction in addition to the original ID card to ensure that they are the original party in the relationship and that the ID card is valid.
Jumada Al-Akhir 1438H
Guide to Rules Governing Banks’ Remittance Centers Membership is subject to regulatory procedures in terms of updating details and freezing, in addition to setting permissible financial limits according to customers' status, log in frequency and so on. 9.2: Membership Opening Conditions All requirements set forth in the Rules Governing the Opening of Bank Accounts and General Operational Guidelines shall be adhered to, and membership must meet the prerequisites for verification requirements for identities and real users (the beneficiary) of such memberships, including the following:
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Guide to Rules Governing Banks’ Remittance Centers
10) Determine the full information of the beneficiaries of the remittance
outside the Kingdom, such as the name and ID number, if available, or an account number and address.
11) Membership may not be shared by more than one person.
12) Membership may not be treated as a checking account or used for
purposes inconsistent with the primary purpose for which it was opened.
13) An item that contains confirmation from customers that they are the
real beneficiaries from the membership and have a direct relationship with the beneficiaries of the remittance shall be added in the membership opening form.
14) Determine the amounts and numbers of expected monthly/yearly
remittances (outbound and inbound), and evaluate whether they are adequately commensurate with customers’ monthly incomes. 9.3: Updating Details Remittance centers shall update customers’ details regarding their membership in the following cases:
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Guide to Rules Governing Banks’ Remittance Centers
4) Secure information from official certifications such as the national ID,
resident ID or passport and obtain a copy of such, as well as ensuring their conformity to the original ones carried by the customer and employee upon creating the membership.
5) Reject any dealings with fictitious, digital or anonymous names.
6) Membership numbers shall be linked with names and ID numbers, and
shall be considered an automatic reference to the transactions carried out when creating the relationship (creating a membership number for the customer).
7) The requirements of KYC, AML/CFT rules issued by SAMA and other
relevant regulations and instructions shall be applied.
8) The relationship with the customer shall be terminated when the
remittance center is unable to verify the sources of transactions or doubts the validity or adequacy of the customer’s identification details, or when the customer continues to use the remittance membership for purposes other than that for which the membership was created.
9) The customer's name and the national/resident ID number shall be
entered in both Arabic and English, and shall be considered mandatory fields for opening the membership.
10) The opening of membership shall be approved by the manager of the
remittance center after verifying all the customer information and their conformity with the volume and nature of his/her activities and transactions.
11) The necessary approvals shall be applied when opening remittance
memberships for high-risk customers or for which enhanced heightened due diligence is required based on the FATF recommendations and AML/CFT rules. 9.5: ‘Know Your Customer’ Principle The purpose of applying ‘KYC’ principle is to enable remittance centers to form a clearer picture by ascertaining the true identity of each customer with an appropriate degree of confidence and identifying the types of business and transactions that the customer is likely to carry out with a remittance center. Moreover, for achieving this purpose, remittance centers procedures shall include the following measures:
Jumada Al-Akhir 1438H
Guide to Rules Governing Banks’ Remittance Centers
2) Identify the identity of the real beneficiaries for all transactions
carried out by customers at the level that achieves complete understanding and knowledge thereof.
3) The risk-based approach shall be applied to assess the risks
associated with various types of customers and take appropriate measures to enhance the requirements for identifying and verifying the identity of customers or real beneficiaries of their transactions.
4) Take the measures that would update the requirements for
identifying and verifying the identity of all customers on a continuous basis.
5) Track changes in the identity of customers and take necessary action
regarding their impact on the requirements of control and supervision.
6) Make available identification records of customers/real
beneficiaries to the competent officials responsible for compliance with the AML/CFT standards and relevant concerned officials.
7) Verify the identity of customers and real beneficiaries through
reliable and independent sources.
9.6: Customer Due Diligence (CDD) Measures The application of due diligence procedures entails that remittance centers monitor, and make sure that they understand, the financial transactions of customers and their real beneficiaries; and that they verify all business activities in which they engage, as well as information related to membership creation while satisfying themselves that such information is reliable and clear. The instructions require that remittance centers apply the essential due diligence procedures to all permanent and temporary customers, including real beneficiaries, and that these procedures be continuous and consistent with the degree of risks associated with the business and transactions carried out by customers as follows:
Jumada Al-Akhir 1438H
Guide to Rules Governing Banks’ Remittance Centers adequacy of the information previously obtained when identifying customers.
3) Check whether any person is acting on behalf of the customer and
ensuring the legality of such practice.
4) Determine the persons who hold ownership or control over the
customer.
5) Due diligence procedures shall be strengthened for high-risk
customers possibly due to the volume or types of anticipated or actual transactions, including those that involve jurisdictions classified as high risk or those mentioned on the FATF website as being jurisdictions that do not adequately implement the recommendations related to AML/CFT, or transactions that are defined by law or applicable instructions as being a high-risk source, such as correspondent banking relationships and politically exposed persons.
6) Simple due diligence procedures and measures shall not be
acceptable in case of suspicion of ML/TF transactions.
7) Ability to mitigate the due diligence requirements on relationships
that have been classified into low risk categories according to the risk assessment carried out by the remittance center.
8) To not permit the termination or absolute restriction of relationships
with entire categories of customers aiming to avoid risk management or due to limited financial returns (profits) and without considering other risk mitigation measures for individual customers within a specific sector and dealing with risks on a case-by-case basis.
10. Outbound and Inbound Domestic and International
Remittances
Domestic/international remittance activities (sending and receiving) shall be carried out through modern money transfer systems, such as SWIFT and the Saudi Arabian Riyal Interbank Express System (SARIE), and instantaneous money transfer systems, or through contractual agreements with reliable money transfer service providers under the following conditions:
Jumada Al-Akhir 1438H
Guide to Rules Governing Banks’ Remittance Centers
3) Money transfers (receiving) may be received for temporary
customers (who are not entitled to create a membership relationship) of visitors who hold a visa/temporary residence permit as well as pilgrims and Umrah performers, provided that the amount of a single financial transaction does not exceed SAR 5,000 or its equivalent with a total not exceeding SAR 50,000 or its equivalent during one year, and that the requirements for dealing with temporary customers are fulfilled. A copy of the passport, including the page showing the entry visa, shall be obtained when carrying out permissible transactions. Other money transfer requirements, including the availability of other details such as home country address, contact number or the point of contact in Saudi Arabia and the signature, shall be taken into consideration, and the relationship of the recipient of the transfer with the transferor shall be clarified.
4) The consistency of the nature of the customer’s business and
activities – whether as the owner of the membership or a temporary customer – the sources of funds and his/her annual income will be considered against the volume of his/her financial transactions and the purpose and type of the executed financial transactions.
5) Identify the real beneficiary who is in full or partial control of the
membership or the financial transactions executed by customers; take necessary measures to achieve customer identification procedures; and fulfil CDD requirements.
6) Record all money transfers made by customers in the membership
record of customers, provided that they include detailed information about such remittances.
7) Strengthen implementation requirements of the ‘KYC’ principle,
and take necessary steps to meet heightened CDD requirements for high-risk customers.
8) Document, and record in the registers, all outbound and inbound
money transfers that have been made for customers, including names of transferors and beneficiaries, and transfer amounts with their dates—such transfers shall be automatically linked to the customer’s ID number.
9) Furnish SAMA, in coordination with Banking Supervision
Department, with a monthly statement that includes all money transfers that have been carried out with internal and external financial institutions (banks and money changers).
Jumada Al-Akhir 1438H
Guide to Rules Governing Banks’ Remittance Centers
10) Take into consideration money transfer requirements set forth in the
AML/CFT rules issued by SAMA.
11) Obtain complete and accurate information about the transfer
originator (the customer) for outbound remittances, and shall be kept complete in the transfer message, or shall include the following:
a. Required and accurate information about the transfer originator:
Jumada Al-Akhir 1438H
Guide to Rules Governing Banks’ Remittance Centers individual wire transfers are collated) contains the full information of the originator which can be tracked easily.
14) In the case where wire transfers are not accompanied with complete
information about the originator, remittance centers operating in the Kingdom must put in place effective procedures and deal with them as follows:
Jumada Al-Akhir 1438H
Guide to Rules Governing Banks’ Remittance Centers
19) Perform continuous CDD measures towards customers
sending/receiving remittances and audit the operations executed throughout the period of that relationship to ensure the completeness and conformity of operations carried out with the volume of customers activity, including the source of income, noting that the task of implementing the measures of ‘KYC’ and due diligence for the transferring person rests with the party, whether foreigner or domestic, transferring the funds.
20) In cases where technical restrictions prevent the transmission of
complete information of the originator that is associated with an external wire transfer along with a local wire transfer (during the period necessary for harmonizing payment systems), the intermediate remittance center - the recipient of the transfer - must keep a record of all the information received from the financial institution that issued the transfer for a period of 10 years based on the AML/CFT rules issued by SAMA, taking into account the commitment to a period not exceeding (72 working hours) to respond to any inquiries received from the correspondent bank or concerned authorities.
21) In the event of repeated cases of lack of information, and lack of
cooperation of the correspondent financial institutions (banks, money changers originating the transfer, transfer services providers); transfer centers operating in Saudi Arabia should assess the relationship with such banks, money changers, or transfer services providers, and consider restricting or terminating the relationship therewith.
22) In the case of suspicion of the transactions of, or the relationship
with, a correspondent financial institution or a transfer services provider from a ML/TF perspective, such cases must be reported to SAFIU immediately and documented.
23) Remittance centers operating in Saudi Arabia contracting with
money transfer services providers must obtain full information of the parties of the transfer transactions that such providers execute on their behalf.
24) Remittance centers operating in Saudi Arabia must put in place,
for all their transactions, effective procedures to verify that ‘KYC’ requirements and due diligence measures are met and based on the risk rate and materiality treatment; and to tighten due diligence for
Jumada Al-Akhir 1438H
Guide to Rules Governing Banks’ Remittance Centers funds transferred from or to countries against which FATF warnings have been issued.
25) Monitor all transactions (outbound/inbound transfers) to detect
abnormal patterns in activities that do not have a clear economic or legal purpose, and examine the background and purpose of those transactions to the maximum extent possible, with the results being documented in writing.
26) When there are reasonable grounds to suspect that customers’
funds, operations and transactions represent proceeds of criminal activity or is related to or associated with ML/TF operations, they must be reported to SAFIU.
27) As for domestic transfers (inside the Kingdom) that are performed
exclusively through SARIE, it is necessary to ensure that the name of the transferor and his/her account number are mentioned and that they are registered and stored in the remittance center’s system for the purpose of fast retrieval of information when requested by competent authorities. It is also necessary to verify the identity of the beneficiary from the internal (inbound) transfer in accordance with the Rules Governing the Opening of Bank Accounts and General Operational Guidelines.
28) Examine the names of individuals, entities and banks
originatingwire transfers and their beneficiaries against lists of individuals and entities whose assets must be stopped, rejected or frozen based on local instructions issued by supervisory authorities, as well as international lists such as the United Nations lists; and take necessary action thereof.
29) Examine the names of individuals, entities and banks that are the
originators of transfers or intermediaries or beneficiaries thereof against international lists, such as those of the Security Council, the United Nations, FATF, etc.. and take necessary action accordingly.
11. Money Transfer Services Providers:
The guidelines for contracting such transfer services providers must be observed, provided they include the following:
4) Transfer services providers to be contracted with is
internationally recognized and licensed by supervisory authorities in the country of domicile of such providers.
5) Banks should submit a prior non-objection request from SAMA
in accordance with SAMA Rules on Outsourcing for contracting with money transfer services providers, attached therewith a file
Jumada Al-Akhir 1438H
Guide to Rules Governing Banks’ Remittance Centers that includes the final contract draft to be signed with the services provider, as well as its company brief and a certificate of compliance with AML/CFT.
6) The business of contracted money transfer services providers
related to transactions executed through remittance centers operating in the kingdom should be subject to the supervision and control of the remittance center through which those transfer services providers operate.
7) Transferring money should fall under the core business of
transfer services providers.
8) Transfer services providers must have in place adequate policies
and measures for AML/CFT and combating embezzlement and financial fraud.
9) The contract to be concluded with the money transfer services
provider shall include the following:
a. Compliance with the Kingdom's local laws and instructions, rules and circulars issued by SAMA. b. Taking into account domestic, regional and international requirements, including compliance with international resolutions and the United Nations lists, as well as warning notices issued by international organizations, for example the warning notices issued by FATF.
c. Holding that the information they receive are subject to
banking confidentiality clauses and is only used for authorized purposes. d. Ensuring that all necessary prudential measures are applied when providing these services; and their effectiveness in the early detection of suspicious transactions. e. The importance of adhering to the application of ‘KYC’ principle and fulfilling due diligence requirement on a continuous basis towards customers and sources and uses of transferred funds. f. Commitment to provide SAMA with any requested information. 7- Linking the systems of money transfer services providers contracted by banks with said banks’ systems so as to reflect all transactions executed through the transfer services provider within the banks’ system.
Jumada Al-Akhir 1438H
Guide to Rules Governing Banks’ Remittance Centers
12. Security Safety Laws and Systems:
Remittance centers shall abide with the instructions provided in the Law of Private Security Services and its Implementing Regulations issued by Royal Decree No. M/24 dated 8/7/1426H; the Law of Transport of Money, Precious Metals and Negotiable Instruments issued by Royal Decree No. M/81 dated 18/10/1428H; and the Security Safety Guide issued by SAMA, No. 485/M A/36 dated 7/1/1416H, as well as any current or subsequent updates while considering the provisions of such instructions as the minimum of security and safety laws that must be adhered to.
13. Employment:
Remittance centers (banks) shall comply with the instructions of SAMA, the Ministry of Labor and Social Development and other relevant supervisory and regulatory authorities regarding all laws, instructions and regulations issued for private sector employees as follows:
Jumada Al-Akhir 1438H
Guide to Rules Governing Banks’ Remittance Centers
6) Appointing a manager for remittance centers with subject matter
and practical qualification who has experience in banking business; an appropriate degree of financial and administrative expertise; and a history of good conduct, and who has not been previously convicted of any crime violating honor or morals.
7) Providing SAMA (in coordination with Banking Supervision
Department) a granular semi-annual report on the number of Saudi employees and percentage of jobs nationalization with its relevant plan.
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