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AML 8.1.1

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The definitive version of DFSA handbook text is the PDF version as that is the text of the instrument as made and published by the DFSA.

To view past versions of this module in PDF format, please visit the Archive.

(1) A Relevant PersonG may rely on the following third parties to conduct one or more elements of Customer Due DiligenceG on its behalf:
(a) an Authorised PersonG ;
(b) a law firm, notary, or other independent legal business, accounting firm, audit firm or insolvency practitioner or an equivalent person in another jurisdiction;
(c) a Financial InstitutionG ; or
(d) a member of the Relevant Person'sG Group.
(2) In (1), a Relevant PersonG may rely on the information previously obtained by a third party which covers one or more elements of Customer Due DiligenceG .
(3) Where a Relevant PersonG seeks to rely on a person in (1) it may only do so if and to the extent that:
(a) it immediately obtains the necessary Customer Due DiligenceG information from the third party in (1);
(b) it takes adequate steps to satisfy itself that certified copies of the documents used to undertake the relevant elements of Customer Due DiligenceG will be available from the third party on request without delay;
(c) if a person in (1)(b) to (d) is in another country, the person is:
(i) subject to requirements in relation to customer due diligence and record keeping which meet the standards set out in the FATFG Recommendations; and
(ii) supervised for compliance with those requirements in a manner that meets the standards for regulation and supervision set out in the FATFG Recommendations;
(d) the person in (1) has not relied on any exception from the requirement to conduct any relevant elements of Customer Due DiligenceG which the Relevant PersonG seeks to rely on; and
(e) in relation to (2), the information is up to date.
(4) Where a Relevant PersonG relies on a member of its GroupG , such GroupG member need not meet the condition in (3)(c) if:
(a) the GroupG applies and implements a GroupG -wide policy on customer due diligence, record keeping, Politically Exposed PersonsG and AMLG programmes which meets the standards set out in the FATFG Recommendations; and
(b) where the effective implementation of those Customer Due Diligence, record keeping and PEPG requirements and AMLG programmes are supervised at GroupG level by a Financial Services RegulatorG or other competent authority in a country, the supervision and regulation meets the standards set out in the FATFG Recommendations.
(5) If a Relevant PersonG is not reasonably satisfied that a customer or Beneficial OwnerG has been identified and verified by a third party in a manner consistent with these Rules, the Relevant PersonG must immediately perform the Customer Due DiligenceG itself with respect to any deficiencies identified.
(6) Notwithstanding the Relevant Person'sG reliance on a person in (1), the Relevant PersonG remains responsible for compliance with, and liable for any failure to meet the Customer Due DiligenceG requirements in this module.
Derived from RM117/2013 [VER9/07-13]
[Amended] DFSA RM196/2016 (Made 7th December 2016). [VER13/02-17]
[Amended] DFSA RM231/2018 (Made 6th June 2018) [VER15/07-18]