Explain the obligations which have been imposed upon the banks to remain cautious under the Prevention of Money Laundering Act, 2002.

CS Executive · Economic, Business and Commercial Laws · PYQS · June 2021
Explain the obligations which have been imposed upon the banks to remain cautious under the Prevention of Money Laundering Act, 2002.

Answer & Explanation:

The obligations which have been imposed upon banks to remain cautious under the Prevention of Money Laundering Act, 2002 are: In terms of the provisions of Prevention of Money-Laundering Act, 2002 and the Prevention of Money Laundering (Maintenance of Records) Rules, 2005, banks are required to follow certain customer identification procedures (KYC procedures) while undertaking a transaction either by establishing an account-based relationship or otherwise and monitor their transactions. Banks should keep in mind that the information collected from the customer for the purpose of opening of account is to be treated as confidential and details thereof are not to be divulged for cross selling or any other like purposes. Banks should, therefore, ensure that information sought from the customer is relevant to the perceived risk, is not intrusive, and is in conformity with the guidelines issued in this regard. Any other information from the customer should be sought separately with his/her consent and after opening the account. Banks should ensure that the provisions of Foreign Contribution (Regulation) Act, 2010 and the Foreign Exchange Management Act, 1999 as amended from time to time, wherever applicable are strictly adhered to. Banks should take appropriate steps to evolve a system for proper maintenance and preservation of account information in a manner that allows data to be retrieved easily and quickly whenever required or when requested by the competent authorities. Banks should ensure that records pertaining to the identification of the customer and his address (e.g. copies of documents like passports, identity cards, driving licenses, PAN card, utility bills etc.) obtained while opening the account and during the course of business relationship, are properly preserved. The identification records and transaction data should be made available to the competent authorities upon request. Banks have been advised to pay special attention to all complex, unusual large transactions and all unusual patterns of transactions, which have no apparent economic or visible lawful purpose. It is further clarified that the background including all documents/office records/memorandums pertaining to such transactions and purpose thereof should, as far as possible, be examined and the findings at branch as well as Principal Officer Level should be properly recorded.

Topics: Prevention of Money Laundering Act, 2002

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