Section 64A: Programmes against money laundering and
This section is inserted by Act No 11 of 2018, section 5.
consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
64A. Programmes against money laundering and
terrorism financing
(1) (a) Every financial institution and every
holder of a licence, including its branches and subsidiaries,
shall implement programmes against money laundering and
terrorism financing, which are commensurate with the money
laundering and terrorism financing risks to which it or he is
exposed and the size of its or his business.
(b) The programmes referred to in paragraph (a)
shall include the following internal policies, procedures and
controls –
(i) compliance management
arrangements, including the
appointment of a compliance
officer at management level;
(ii) screening procedures to ensure high
standards when hiring officers;
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(iii) ongoing training programmes for
its or his directors and officers; and
(iv) an independent audit function to
test the programme.
(2) (a) Every financial institution and every holder
of a licence, including its branches and subsidiaries, operating
in a group structure shall implement group-wide programmes
against money laundering and terrorism financing.
(b) The group-wide programmes referred to
in paragraph (a) shall include –
(i) the internal policies, procedures
and controls referred to in
subsection (1)(b);
(ii) policies and procedures for sharing
information required for the
purposes of customer due diligence
and money laundering and terrorism
financing risk management;
(iii) the provision –
(A) at group level compliance;
(B) at audit level;
(C) in anti-money laundering
and combating the financing
of terrorism functions,
of customer, account and transaction
information from branches and
subsidiaries when necessary for antimoney laundering and combating
the financing of terrorism purposes;
(iv) sharing of information referred to
in subparagraph (iii) –
(A) at group level compliance;
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(B) at audit level;
(C) in anti-money laundering
and combating the financing
of terrorism functions,
of customer, account and transaction
information from branches and
subsidiaries when necessary for antimoney laundering and combating
the financing of terrorism purposes;
(v) adequate safeguards on the
confidentiality and use of
information exchanged, including
safeguards to prevent tipping-off.
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Questions this section answers
- Must every bank have a compliance officer and anti-money laundering programme?
- Do banks operating as a group have to share customer information for anti-money laundering purposes?