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In-Depth Customer Research Institutions And Legislative Provisions Of Licensed Payments And Electronic Money Institutions

Original Language Title: Klientu padziļinātās izpētes normatīvie noteikumi kredītiestādēm un licencētām maksājumu un elektroniskās naudas iestādēm

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Financial and capital market Commission, the provisions of regulations No 234 in Riga on 23 December 2015 (financial and capital market Commission Council meeting No. 51 2. p.)
In-depth customer research institutions and legislative provisions of licensed payments and electronic money institutions Issued under the Criminal money-laundering and terrorist financing Prevention Act article 7, the second paragraph of article 22 of the fifth and the second paragraph of article 47 of the i. General questions 1. "customers in depth research and regulations regulations for credit institutions licensed in payment and electronic money institutions" (hereinafter-the rules) apply to such terms : 1.1. risk – impact and likelihood that a credit institution may be used to criminal money laundering or terrorist financing; 1.2. risk enhancing factor, a factor which increases the specific business relationship or individual transaction quintessential criminal money laundering and terrorist financing risks; 1.3. risk segments – a certain type of crime money laundering and terrorist financing risks step-up factors; 1.4. the customer risk profile – the customer the total inherent criminal money laundering and terrorism financing, consisting of client risk factors inherent Pressor; 1.5. based on a risk assessment (risk assessment based approach (risk based approach)) approach in which the credit institution identifies, assesses and provides a clear understanding of the crime of money laundering and terrorist financing risks to which the credit institution is exposed and taken criminal money laundering and terrorism financing risk prevention according to the existing risks; 1.6. client risk assessment system – the number of credit institutions established a system which a numeric expression reflects the common crime of money laundering and terrorist financing risks inherent with the specific customer; 1.7. risk assessment-numerical risk evaluation the significance of the impacts that a numeric expression reflects the impact of risk factors on the overall level of risk; 1.8. the shell company – the company to which the characteristic of one or more of the following: no demonstrable company 1.8.1 relationship to actual economic activity and the activity of the company consists of small or not making any economic value, and the financial institution is not the documentary information that demonstrates the opposite; 1.8.2. the company is not prepared and submitted to the competent supervisory authority annual financial reports on their activities; 1.8.3. company is not physical actions, but only the postal box address or communication.
2. The rules are binding on the institutions and authorised payment institutions and electronic money institutions, as well as their affiliates (all together-a credit institution). 3. minimum requirements of in-depth customer research and increased monitoring of transactions, as well as the requirements of the internal control system. Credit institution detailed requirements for in-depth exploration of clients and transaction expanded surveillance sets its policies and procedures, based on the crime of money laundering and terrorism financing risk assessments. Credit institutions are obliged to show that they made and the appropriate documented in-depth customer research activities is in accordance with the inherent risks of customers. 4. rules: 4.1 determine the cases in which the credit institution shall take an in-depth customer research; 4.2. deepening the research agenda and the minimum amount to start a business relationship, as well as business; 4.3. client risk assessment system and the numerical development and usage requirements of credit institutions; 4.4. the crime of money laundering and terrorism financing risk segmentation and the corresponding risk evaluation procedures; 4.5. Special in-depth customer research; 4.6. the client's transaction order extended monitoring.
II. in-depth Customer research agenda 1. General questions 5. in-depth Customer research results in the amount of information depends on the cooperation with the inherent risks of customers. Different customers in-depth research results in the amount of information may be different. 6. in order to ensure the client's in-depth research process integrity, completeness and continuity of the institution as a whole on the customer survey carried out for any one client's use of the products and services, including assessing the overall client turnover and balances of funds. To provide in-depth customer research process, credit institutions may, unity of all transactions with client funds to carry out the customer's checking account. 7. a credit institution shall terminate the business relationship with the customer, if 45 calendar days from the date when the customer found the in-depth research prerequisites, can not provide in-depth customer research minimum requirements and sufficient evidence proving the client's legal and economic business objectives.
8. client risk assessment of a credit institution uses these rules to those segments and their corresponding risk risk factors. 9. a credit institution, by establishing business relations and business, make criminal money laundering and terrorism financing risk assessments, taking into account the following risk segments: 9.1 the client's risk; 9.2. the national and geographical risk; 9.3. the customer service and the product used is a risk; 9.4. service and product delivery channel. 10. a credit institution, by making available the customer risk assessments take into account not only the risks referred to in these provisions, but also the risks identified in the Republic of Latvia of the risk assessment and the Commission of the European Union the European Union risk assessment, as well as other risks inherent in the financial institution. 11. a credit institution, based on a risk assessment, to ensure internal control system design and operation, which allows timely identification of risks and heightened risk prevention or mitigation measures, including procedures determines in which cases and to what extent the customer must be carried out in-depth research. 12. a credit institution shall ensure that the crime of money laundering and terrorist financing prevention of internal control systems, including the use of information technology solutions, compliance and effectiveness are independently evaluated (audited) at least every 18 months. 13. Notwithstanding the customer risk profile of the credit institution conducts in-depth research of the customer if: 13.1. suspect that customer transactions are linked to criminal money laundering or the financing of terrorism; 13.2. the customer and its transactions are received information or requests in connection with criminal money laundering, financing of terrorism or criminal offences from korespondējošaj credit institutions; 13.3. the client or its transactions have received Criminal money laundering prevention Department, the pre-trial investigation authorities, Prosecutor's Office or court request in relation to a suspicion of criminal money laundering, financing of terrorism or any other criminal offence; 13.4. client or the transactions are received requests in connection with criminal money laundering, financing of terrorism or other criminal offences from the pre-trial investigation authorities, Prosecutor's Office or Court of criminal proceedings.
2. in-depth Customer research arrangements

14. Credit institutions shall draw up a risk assessment on the customer number system to the principles laid down in these provisions and requirements, ensuring that the customer's risk assessment system in numeric numeric expression represents the quintessential each customer a crime of money laundering and terrorist financing in the overall level of risk. Credit institution for each risk identified in the evaluation process of the step-up factor according to risk level represents a particular number of points, and the total number of points forming the customer's overall risk profile. The maximum possible score is 100 points, by a credit institution on the basis of a risk assessment, the proportion by risk segments. 15. a credit institution on the basis of its business activities and customers inherent risk, develop and determine the risk weighted rate and numeric rating individual risk factors and segments on the basis of which is created the customer risk assessment system in numerical. The numeric expression reflects the common crime of money laundering and terrorist financing risks inherent in cooperation with the client. A credit institution applying numerical ratings system, devised a standardized decision making algorithms. 16. a credit institution shall determine the specific numerical evaluation of risk levels, after which the reached particular client, as well as customers with specific customer related customer group, in-depth research activities before initiation of cooperation and collaboration. Credit institution provides the customer risk assessment in the review of the results of numeric each time the client is carried out in-depth research or appropriate risk mitigation measures. 17. a credit institution created and maintained for each risk factor assigned a numeric rating and ensure its automated use of the customer's level of risk. Credit institutions shall update the risk factors assigned numeric rating not less frequently than once a year or as needed if it acquires knowledge of changes in the information that had been the basis for allocating the risk factor specific numerical rating. 18. a credit institution in the development of information technology solutions that automate identify risk factors and enhancing calculates the number customer's risk assessment. 19. The credit institution on the basis of the risk assessment and risk profile defined for the customer (the number of points awarded), lays down the necessary in-depth customer research efforts and the regularity. In-depth customer research measures and their regularity is determined by observing the existing level of risk. 20. a credit institution shall develop procedures and establish an in-depth customer research measures according to the client's risk profile, including providing the following risk mitigation and in-depth research measures, determining the need for compliance with the application, order and volume according to the level of risk assessment: 20.1. monitoring of customer transactions, their analysis and feasibility evaluation, documenting a reasoned judgement on the substance of the transaction and compliance with the customer's declared economic activity that the credit institution is understandable and not raise doubts about the deal's economic and legal purpose; 20.2. additional information about the client from independent sources; 20.3. the information provided by the customer matches the specific transaction testing and verification that the customer the documents submitted do not contain possible signs of counterfeit; 20.4. transaction execution restriction (for example, as regards the amount, currency, partners, countries) up to the required information or documents; 20.5. execution of transactions before transactions only, supporting documents; 20.6. transaction execution only by duly authorised employee of the credit institution or credit institution's top-level officials consent; 20.7. service and product restrictions (for example, setting a particular service to be performed under the deal size limits, allowing only certain types of transactions or payments, allowing only transactions to specific countries or with certain partners). 21. The credit institution before the numerical rating systems use the start or significant changes to existing numerical rating system shall notify in writing to the financial and capital market Commission.
III. Criminal money laundering and terrorism financing risk segments and their corresponding risk factors 1. client risk

22. customer risk is the crime of money laundering and terrorist financing risks that have the customer's legal form, ownership structure, customer-and client-the true beneficiary's business and personal activity. 23. Credit institutions shall, in assessing the risks inherent to the customer, based on a risk assessment, taking into account at least the following risk-factors: 23.1. customers or customer's true economic beneficiary, or personal activities; 23.2. customers in the legal form of ownership structure and behavior; 23.3. the client or the client's true beneficiary's reputation. 24. The credit institution, taking into account any risks, take the customer type evaluation and sharing of risk, at least in the following customer types, numbered, beginning with the lowest risk type, and ending with the highest risk type and creating client risk assessment system, the number assigned to each of the following types of specific numeric assessment: 24.1. Latvian residents and residents of the European economic area by natural persons, whose monthly credit or actual planned turnover not exceeding 15 000 euro; 24.2. foreign persons who are not members of the European economic area residents natural persons a monthly credit or actual planned turnover not exceeding 15 000 euro; 24.3. legal entities and legal arrangements which are the basic activities carried out in the Republic of Latvia; 15.2. legal persons and legal arrangements, the basis of which the transaction is associated with the Republic of Latvia, but which are known to the public in a foreign group of companies of good repute; 15.2. individuals whose monthly credit planned or actual turnover exceeds 15 000 euro; 24.6. natural persons coming politically significant persons, their family members or persons with political significance closely connected persons or legal entities and legal arrangements whose real beneficiaries are the following people; 15.3. legal persons and legal arrangements, the basis of which the transaction is associated with the Republic of Latvia and who are not part of the public knowledge of the foreign group of companies with a good reputation, as well as Laura correspondent (respondents); 15.4. the company that recognizable on shell companies. 25. a credit institution shall be determined by the customer and the customer true beneficiary's business or personal transaction risks inherent on the basis of a risk assessment, taking into account at least the following risk-enhancing factors, of which the credit institution given numeric assessment: 25.1. the customer or the customer's real beneficiary is outsourcing the accounting officer, lawyer or legal arrangement of formation and activity of the service provider to the credit institution to open an account in the name of their financial transactions on behalf of the client; 25.2. the customer or the customer's real beneficiary shall take one of the following business lines: 25.2.1. organisation of gambling; 25.2.2. collection services; 25.2.3. mediation in transactions with real estate; 25.2.4. trade in precious metals and precious stones; 25.2.5. trading with arms and ammunition; 25.2.6. reinsurance services, except where the service provider is properly licensed and subject to supervision of the service provider or supplier of the international rating agencies provided rating of investment grade; 25.2.7. the provision of the services (for example, billing, cash, currency exchange, money transfer agents or other service providers that offer money transfer options); 25.2.8. currency trading intermediary services (such as Forex dealers); 25.2.9. the supply of services, which is difficult to justify the possibility of supporting service delivery fact (such as advertising, marketing services, information technology solution delivery and maintenance); 25.2.10. investment services and investment in additional services, except where the service provider is properly licensed in the European economic area Member State or other country, the laws of which the requirements of the crime of money laundering and terrorist financing prevention is equivalent to European Union requirements and the service provider are made; 25.3. the customer or the customer's real beneficiary is a person associated with the sector of activity in which there is a high risk of corruption; 25.4. the customer or the customer's real beneficiary is a person associated with the sector of activity in which the essential role of cash transactions; 25.5. the establishment of the legal person of the client's cause is not clear, and the information about the customer legal and economic objectives are General; 15.9. the client or the client's true beneficiary's previous actions and professional experience is not related to the planned economic activity; 25.7. economic activity does not match the client or the client's true beneficiary's financial position; 25.8. the client's economic activities or transactions is not clear legal or economic justification (for example, it is not possible to properly ascertain the movement of goods and services). 26. A credit institution shall determine the legal form of the client, the owner of the structure and behavior of the existing risks, on the basis of a risk assessment, taking into account at least the following risk-enhancing factors, of which the credit institution given numeric rating: 26.1. the customer is a legal person, which emits or may emit bearer shares (equity securities); 26.2. the customer is a legal person whose owner or participant structure makes it possible to determine the true beneficiary and if the customer is the owner of the structure has been changed, it is not clear in the reasons of the change of owner; 26.3. the customer is the Foundation of society, and similar legal formations that are not profit-oriented character, except when it is granted in the Republic of Latvia public good status or the organisation that operates in the Republic of Latvia and its monthly credit turnover not exceeding eur 7 000; 26.4. client transactions or payments made are complex, unusual large customer business or personal transaction or is uncertain of their legal and economic purpose; 26.5. There is reason to believe that the client is trying to avoid certain limit values; 16.5. the client is trying to avoid providing information or trying to hide their economic activity. 27. a credit institution shall be determined by the customer and the customer's true beneficiaries reputation risks inherent on the basis of a risk assessment, taking into account at least the following risk-enhancing factors, of which the credit institution given in the numerical rating: 27.1. customer or customer's true beneficiary access to negative information, which shows on its possible relation with a criminal get means or money laundering or terrorism; 27.2. the client or the client's true beneficiaries of the funds have been frozen or previously arrested in connection with possible criminal activities; 27.3. the client or the client's true beneficiaries are given before the suspicious transaction reports.
2. national and geographic risk

28. The customer and geographic country risk is the risk of a credit institution to be involved in criminal money laundering or terrorism financing, in cooperation with the customer or the customer's true beneficiaries who associated with the country or territory in which economic, social, legal or political circumstances may indicate a country specific high crime of money laundering or terrorist financing risk. 29. a credit institution shall be carried out and the geographical risk assessment of the client, the client's true beneficiary and client partners. 30. The credit institution, assess the customer's country and geographic risk, based on a risk assessment, taking into account at least the following risk-factors: 30.1. jurisdiction in which the client, the client the actual beneficiary or client's main partners; 30.2. jurisdiction in which the client, the client the actual beneficiary or client's main partners in the basic economic activity carried out; 30.3. the jurisdiction with which the client, client's true beneficiary or principal partners are essential to personal or economic links. 31. a credit institution shall be determined by the State to the customer and geographic risk, based on a risk assessment, taking into account at least the following risk-enhancing factors, of which the credit institution given numeric evaluation, creating client numerical rating system: 31.1. customer, customer is the real beneficiary or principal partner is associated with a country or territory that is part of the Cabinet of Ministers approved low tax and duty free list of countries and territories; 19.4. client, client's true beneficiary or principal partner is associated with the country or territory for which the United Nations, the United States or the European Union has identified financial or civil restrictions; 19.4. client, client's true beneficiary or principal partner is associated with a country or territory that is part of the international financial action task force (Financial Action Task Force) on the list of non-cooperative countries or for which that organization has published a communication as the country or territory that has no laws against criminal money laundering or financing of terrorism or in which they are with significant disabilities and therefore does not meet international requirements. Financial and capital market Commission inform the credit institutions of the following countries and areas; 19.5. the customer, the customer's real beneficiary or principal partner is associated with the country, which included the European Union countries approved by the Commission, recognised for the high crime of money laundering and terrorism financing risk countries list; 31.5. the customer, the customer's real beneficiary or principal partner is linked with a country where there are significant gaps in the criminal money-laundering and terrorist financing prevention; 19.6. the customer, the customer's real beneficiary or principal partner is linked with a country that has a high crime rate, which may be obtained by criminal means; 19.7. the customer, the customer's real beneficiary or principal partner is associated with a country or territory that does not have a requirement to provide reports on the company's financial activities or allow the registration of legal persons without specifying their actual location address; 19.8. the customer, the customer's real beneficiary or principal partner is linked with a country where there is a high risk of corruption (for example, using the assigned country Transparency International corruption risk assessment); 19.8. the customer, the customer's real beneficiary or principal partner is linked with a country where there is a politically unstable situation.
3. customer service and products used risk 32. Products and services to the risk is the risk that the credit institution given service or product can be used for criminal money laundering or terrorist financing. 33. The credit institution, assess the customer's use of the services and the products of risk, based on a risk assessment, taking into account at least the following risk-factors: 33.1. customer service or product used in the level of transparency; 33.2. the client used services or the level of complexity of the product; 33.3. the client used services or product potential turnover of funds. 34. a credit institution shall be determined by the customer to the product used and the risks inherent to the service based on a risk assessment, taking into account at least the following risk factors and enhancing, creating client numerical rating system, assign these factors determine a numerical rating: 34.1. the client uses private services within the planned or actual annual turnover exceeded 1 000 000 credits the euro equivalent of the individual services provided by wealthy clients in the individuals, providing complex customer asset management including advice for financial planning, investment, tax and probate matters, special lending terms, the following specific customer and business service, as well as increased customer information privacy conditions; 21.3. the client will use the loans to which the security is a financial instrument or other credit guarantee, except when the repo transactions are carried out; 21.3. the client uses trust (the trust) or escrow transaction services, if a trust or escrow transaction the amount (or the related trust (the trust) business or escrow transaction amount) exceeds 300 000 euros equivalent; 21.4. the client uses the payment card and service release if one client a person presented more than 10 or legal person – at least 20 payment cards or less card, if this card is not linked to the economic activity of the client; 34.5. customer uses products or services that meet at least one of the following signs: 34.5.1. client use anonymity and international experience (for example, online (online) payments, prepaid cards, payment orders, payments using a mobile phone, and others), which enables you to make a large-scale business or a large number of transactions; 34.5.2. personal activity not large or unlimited transaction limit; 34.5.3. possible cash conversion in other easily marketable instruments below, which provides the ability to perform large-scale business or a large number of transactions; 34.5.4. personal use according to the maximum amount of cash transactions; 34.5.5. the ability to make complex large-scale transactions with a large number of the people involved.
4. Service and product delivery channel risk 35. a credit institution, the assessment of risk associated with the way the (channel) in a customer service or product obtained and used, based on a risk assessment, taking into account at least the following risk-factors: 21.8. client remote identification; 35.2. the extent and the manner in which financial institutions use intermediaries and agents relations with customers. 36. a credit institution shall be determined by the supply of services and products for the risk inherent in the channel, based on a risk assessment, taking into account at least the following risk-enhancing factors, of which the credit institution given numeric evaluation, creating client numerical rating system: 36.1. the client has not participated in the face-to-face identification; 36.2. customers in raising agent is used, which is not a crime of money laundering and terrorist financing prevention requirements subject or which are not adequately monitored; 36.3. the provision of financial services is based on a technological solution that restricts the customer's identification or personal and business activity management features (for example, video ID, e-commerce and its variations).
5. the Crime of money laundering and terrorist financing risks during business

37. a credit institution for the customer's transactions, which has elevated the crime of money laundering or terrorist financing risk, consider transactions that meet at least one of the following factors, which are assigned specific numeric assessment: 37.1. in connection with the transactions carried out by the client requests have been received from credit institutions for the corresponding client or transactions; 37.2. the customer is a credit institution and the customer is the central authority imposed sanctions for criminal money laundering or terrorism financing requirements or weaknesses; 37.3. your payment received or significantly (10 percent of the required limit value) exceeds the limit value established by the credit institution on the basis of the customer's business or personal research activities; 37.4. monthly credit turnover exceeds 300 000 euros or the equivalent in other, less significant, the limit value established by the credit institution on the basis of the customer's business or personal research activities; 37.5. three months credit turnover exceeds 700 000 euro equivalent or substantially exceeds the other, smaller, threshold, determined by the credit institution on the basis of the customer's business or personal research activities; 23.4. the annual turnover exceeds eur 3 000 000 credit equivalent or substantially exceeds the other, smaller, threshold, determined by the credit institution on the basis of the customer's business or personal research activities; 37.7. first credit transactions in the customer's account is made after six months from the date of the start of a business relationship with the customer, and the monthly credit turnover has reached 70 000 euro equivalent; 23.5. the first outgoing payment from the client's account are made after 12 months from date of account opening; 23.5. the client's natural persons a cash transaction is for an amount greater than 15 000 euros, or the equivalent of a monthly cash transaction amount is greater than 70 000 euros, or the equivalent of the legal person customer cash transactions exceeding the threshold that a cash transaction for total credit institution established on the basis of the customer's business activity survey results; 37.10. client is a society or Foundation and business is carried out in the framework for money transfer to foreign countries, and the amount of the transaction exceeds € 10 000 equivalent. 38. in determining whether a customer has exceeded its specified threshold, transactions may not be taken into account: 38.1. client transfers made to other customer's accounts in the same credit institution; 38.2. the previous settlement between the credit institution and the customer of the fees, interest charges, as well as currency exchange transactions.
IV. in-depth Customer research minimum, by establishing business relations with the customer, the credit institution 39. based on a risk assessment and taking into account the specific risk profile of the customer (the number of points awarded), determine the risk assessment on which the limit values being exceeded to in-depth research of the customer before the transaction, the relationship established with the client, as well as in-depth customer research volume and order according to the individual risk profile in numerical rating levels. 40. a credit institution's in-depth customer research applies to customers who meet any of these rules in paragraph 24.8 24.5.-the above client types. 41. a credit institution, based on a risk assessment, apply to customers who meet any of these rules.-24.2 24.1. customer referred to the types of research, in-depth, if there is someone from that rule 25.1., 25.2, 25.3, 25.4.., 15.9.,.,., 26.5 25.7 25.8., 16.5, 27, 31, 34, and 36.2 36.1. risk mentioned in paragraph step-up factors. 42. a credit institution, based on a risk assessment, apply to customers who meet any of these rules.-24.4 24.3. in point client types, depth, if there is any research of this rule 25.1.,.,., 25.7 25.2 25.5, 25.8., 26, 27, 34 and 36 of the risk referred to in paragraph step-up factors or any of these rules, and 25.6 25.4 25.3. enhancing the risks mentioned in paragraph criteria and client credit month the planned or actual turnover exceeds 25 000 euros. 43. Other cases in which the customer in depth research and which are not mentioned in this provision 40, 41 and 42, paragraph. the credit institution determined in accordance with the client's risk profile (the points), assessing the risk referred to in these provisions paaugstinošo factors, and other risks identified in the paaugstinošo of the credit institution. 44. Finding any of the customer's compliance with this provision, 40, 41, 42 or 43, paragraph. the cases when the client to an in-depth investigation by the credit institution before the commencement of the business carried out in-depth customer research and the following measures: 44.1. get more information about the client and its true beneficiary's business or personal activity, money and prosperity, existing or envisaged cooperation with the credit institution, information about the customer's main business partners , the nature of the business, the planned amount and the place of business or the residence of the client (the client's actual address); 44.2. find more information about the true beneficiaries of the customer, if the customer is a legal person or if it is known or suspected that the client created the business relationship with the credit institution or the interests of another person. Credit institutions shall obtain and document the supporting information about the true beneficiaries of the customer, including the customer, or the true beneficiaries of the true beneficiaries of the signed declaration identifying the copies of the documents and other evidence (such as account statements showing cash and financial instruments turnover true beneficiary controls the existing accounts, land registry records relating to the true beneficiary of real estate owned, extracts from the register of the actual transport beneficiaries belonging to the high value (high net worth) means of transport and other); 27.5. upon publicly available information whether a customer, the authorised person and the real beneficiary not previously convicted or suspected fraudulent activities, criminal money laundering or such attempts. Found the following information, you get a credit institution authorised the Board of directors or Executive Board members a written confirmation of the transaction establishing the relationship of such customer and the necessary risk mitigation measures; 27.6. If you wish to establish a business relationship with the credit institution located in the territory of a State which is not bound to its personal or business operations, and then identify the reasons for such action. Credit institution provides a documented assessment of the reasonableness of the explanation provided by the customer; 27.7. make sure that the customer's license, special permission or it is registered with the competent authority, if the client operation declared it necessary; 27.7. Requests the customer with a legal form corresponding to this provision the factors listed in paragraph 26.1, the cooperation time putting its bearer shares issued by the credit institution's safe keeping, as well as receiving the client's written confirmation that the credit institution will receive written information from the client, if the client will be held an additional issue of shares. 45. a credit institution customers in-depth case studies documented not only the final conclusions of the research, but also the facts, the circumstances and the facts and circumstances of the use of valuation methods are used to arrive at the conclusion.
V. minimum requirements of in-depth research carried out during business

46. a credit institution on the basis of the risk assessment and taking into account the specific risk profile of the customer (the number of points awarded), determines where the amount, regularity, measures and procedures to be carried out in-depth studies of the customer business. 47. a credit institution shall apply in-depth customer research to business customers that customer during an in-depth investigation is applied or to be applied in accordance with these rules 40, 41, 42 and 43 of, and business there is any of the following conditions: 29.3. transactions made by customers of one of the provisions referred to in paragraph 37 of the elevated risk factors; 47.2. the customer makes it not appropriate for the operation of large transactions; 47.3. client a cash conversion in other easily marketable instruments below; 47.4. the customer makes complex transactions with a large number of persons involved; 29.5. the client, other than a financial service provider, carry out money transfers in connection with a credit or refund of any third party, other than a financial service provider. 48. a credit institution applying in-depth customer research in business, take the following measures: 29.9. check transactions in the customer's account in compliance with the customer's declared business activities; 48.2. get more information to make sure that the specified client or credit check true beneficiary is the real beneficiary of the client; 48.3. inquire customer's existing financial resources; 30.1. client financial analyses or personal activity, including in cases where the client is a low tax territories registered company, credit institutions shall obtain and document evidence of the customer's relationship with the actual pursuit of an economic activity to requesting business and its relationship with the client the real beneficiaries. 49. a credit institution shall apply the customer's in-depth research and monitoring measures according to the client's level of risk, taking into account the provisions of paragraph 20 of these risk mitigation measures and in-depth customer research activities. 50. Examination of transactions in the customer's account in compliance with the customer's stated economic activities of the credit institution, make sure that: the client's transactions undertaken 50.1. are economically viable and does not significantly exceed the declared amount, including credit institution acquires transactions supporting information demonstrating the real movement of goods; 50.2. client duties stated business or personal activities; 50.3. the client's business with a declared and other counterparties do not conflict with the economic activity of the client; 50.4. they have deals with major client business partners supporting documents, and also in that document and the reliability of the information provided therein, documenting this assessment and point to all circumstances that call into question the reliability of the documents submitted. 51. If a credit institution finds that it does not have enough information to verify this rule 50.1-50.4. above, it requires clarification or customer required information and documents, as well as repeating information analysis. 52. in order to ensure that the customer's credit or see real beneficiary is the real beneficiary of the customer, the credit institution shall take one or more of the following: 52.1. get more information about the true beneficiary's assets; 52.2. find out what the actual beneficiaries of the economic or personal activities or obtained in a previous professional experience, education URu.tml., if necessary, to take appropriate economic activities and financial transactions; 52.3. find out whether the true beneficiary or other legal persons that it is the real beneficiary, economic or personal activity or are related to financial institutions, the economic activity of the client; 52.4. obtained other information showing that the person designated as the true beneficiary, controls the customer and benefit from its activities, including the credit institution acquires and document the information that describes the financial benefits which the beneficiary has received from the customer, as well as to evaluate the benefit of this control and the legal basis; 52.5. true beneficiary receives the true beneficiaries signed a declaration in which it certifies that the customer is running the interest or right. 53. In analysing the customer's business or personal activity and identifying the origin of the financial resources of the customer, the credit institution: 53.1. update the information on the customer's account credited the origin of funds and business or personal activity targeted information; 53.2. retrieves documents that justify the declared economic or personal activity or the origin of the funds in the account, including the client's explanations and documents relating to transactions or facts that have been based on thorough research; 53.3. verify the eligibility of transactions to the information available on the client's financial position (financial statements) and economic activity. Where a credit institution is not available in the client's financial statements, it clarified and documented the reasons which prevent the submission of such reports, and assesses the impact of the information given in cooperation with the customer risk profile. Analyzing the customer's largest business, the credit institution shall provide the assessment of their compliance with the customer's business or personal activity, and market-specific business activities concerned; 53.4. find other customers of the credit institution, which has the same true beneficiaries. The credit institution shall document the true beneficiary of one client group, giving each team member's role in it, and give a reasoned conclusion about the related customer operations group, including mutual business, legal and economic nature; 13. find other customers of the credit institution, which works with the client to correlate customer group, customer group and evaluate the overall performance of each team member's role in it, as well as provide a reasoned conclusion about that client group related transactions, including transactions between legal and economic nature; 53.6. evaluate the need to meet with clients in its place of business in order to verify the customer's information provided above about the real beneficiaries and economic activities in conformity with the actual situation. 54. a credit institution, conducting in-depth customer research and documents filed by the customer, take the necessary steps to ensure the conformity of the documents submitted and the fact that they do not contain signs of fakes. 55. a credit institution customers in-depth case studies documented not only the final conclusions of the research, but also the facts, the circumstances and the facts and circumstances of the use of valuation methods are used to arrive at the conclusion.
Vi. Special in-depth customer research activities

56. a credit institution that customer transactions monitoring and in-depth customer research the regularity and volume is determined, taking into account existing criminal money laundering risks and the risk of the customer evaluation in numerical level. Repeatedly finding the client's compliance with these rules of transactions referred to in paragraph 37 factors or other credit institutions to identified high risk factors, the credit institution shall assess at least the following criteria: 56.1. or transaction details (partner, currency, the amount of the duty rate, the target group and the like) are similar to the above transactions (not less than three consecutive transactions); 56.2. or transaction complies with the customer's business or personal declared activities; 56.3. or for in-depth research of the client is necessary to set the requirement to conduct in-depth research for each client transaction; 56.4. is it necessary to apply in-depth customer research rules, under which at least assess and document the conclusion of transactions reflected in the customer's account in compliance with the declared; 56.5. where there is doubt as to the financial institution the accuracy of the information, make sure that the customer previously provided information about the true economic beneficiary and or personal activities conform to the actual situation. 57. A credit institution shall regularly (at least every 12 calendar months) it was found that the customer's transaction of one of the provisions referred to in paragraph 37 factors make sure haven't changed the customer identified risk factors and enhancing the level of risk and specific or customer transactions undertaken do not create suspicion of criminal money laundering or the financing of terrorism and ensure that they have up-to-date customer information representative of economic activities. 58. the client transaction is found to comply with this provision the factors mentioned in paragraph 37.7, a credit institution shall assess the information about the customer's reasons of late activity and, if necessary, restore the information about future economic activity and business. 59. the client transaction is found to comply with this provision the factors mentioned in paragraph 23.5, a credit institution shall check the cash transactions and about compliance with the customer's business or personal transactions and turnover. 60. the finding that customer transactions comply with this provision the factors mentioned in paragraph 37.10, credit institution: 60.1. verify compliance with the deal or the Foundation of the society for the purpose of creating and operating direction; 60.2. get more information about what the objectives are the specific transaction; 60.3. obtains information about the Association or Foundation funding sources and major funders.
VII. Requirements the requirements of research subject in-depth customer information in electronic databases to improve the maintenance of 61. information about the customers who are the subject of an in-depth research requirements, transparency, credit institutions shall maintain an electronic data base which shall include the following entries for the clients that the subject of an in-depth study: 61.1. name; 61.2. legal address; 38.1. the customer's place of business address; 61.4. customer operating description (typology); 61.5. client registration date; 61.6. date of start of business relationship with the client; 38.3. the date when the termination of business relationship with the customer, and the grounds. If cooperation is not terminated, the field is completed stating "NA"; 38.4. the true beneficiaries of the customer's first name, last name, date of birth, country of residence; 61.9. customer representative's name, surname, date of birth, country of residence; 61.10. offset the bank's request for the client's transactions and credit institutions provided the answer to it. If the corresponding request is received by the bank, the field is completed stating "NA". 62. a credit institution regularly and timely updated information of a non-resident customer in electronic databases. 63. a credit institution by the financial and capital market Commission's request, provide regular reports about this rule referred to in paragraph 61 the information contained in the database or online access to this provision in paragraph 61 above data base.
VIII. Customer transactions extended monitoring procedure 64. client, which is carried out in-depth research, business credit institutions apply the reinforced monitoring. Credit risk assessment of the client system determined the numerical threshold, after which the exceedance is suitable for enhanced monitoring throughout the period of cooperation. 65. customer transactions increased surveillance applied up to the moment when the credit institution has acquired in-depth customer research information needed to make or have made a decision to terminate business relations with the customer. 66. The application of customer transactions increased surveillance, credit institutions shall establish reasonable restrictions to preserve the required customer management and adequate control over the customer's transactions, which provides credit to the crime of money laundering and terrorism financing risk management strategy defined in the acceptable risk. The credit institution shall determine the necessary risk mitigation measures, the relevant documentation and the meaning of the officials responsible for compliance with this limit, including: 66.1. determines that the transaction will be executed only by the employees of the credit institution or the higher level officials consent; 66.2. determine client business quantitative limits; 66.3. allow only certain kinds of transactions or payments (for example, taxes and the like); 66.4. allow only transactions to specific countries or with certain partners; 41.3. execution of transactions carried out prior to the transaction, only the supporting documents; 66.6. other types of surveillance or restrictions. 67. If a credit institution considers it necessary, it may retain this provision in paragraph 66 limits also after having obtained a client's in-depth research necessary information.
IX. Closing questions 68. a credit institution shall develop policies and procedures for the numerical evaluation of the client system requirements and create up to 31.03.2016.69. Credit institutions shall ensure that requirements for information technology solutions to 31.08.2016.70. a credit institution who uses the client's risk assessment systems, numeric introduced all the consolidation within the group, and the Group's holding company is registered in another State, you can use client introduced numerical risk rating systems If the following conditions are met: 70.1. Group's holding company is registered in a country where the legislation of the crime of money laundering and terrorist financing prevention is equivalent to European Union legislative requirements for criminal money laundering and terrorist financing prevention; 70.2. the credit institution to 31.08.2016. is presented by the financial and capital market Commission with evidence that the client risk assessment system in numerical provides financial services, customer base, the geography of activity and service delivery channels-specific risk assessment and management, ensuring implementation of the requirements of these regulations, and has received the financial and capital market Commission's written confirmation of the customer's risk in numerical rating systems compliance with the requirements of this regulation. Financial and capital market Commission's legal and Licensing Department Director g. Romeik-