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Dubai Financial Services Authority (DFSA): Contents

Dubai Financial Services Authority (DFSA)
Laws
Rulebook Modules
Anti-Money Laundering, Counter-Terrorist Financing and Sanctions Module (AML) [VER16/07-19]
Sourcebook Modules
Consultation Papers
Policy Statements
DFSA Codes of Practice
Amendments to Legislation
Media Releases
Notices
Financial Markets Tribunal
Archive

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  • AML 7.6 Ongoing Customer Due Diligence

    • AML 7.6.1

      (1) When undertaking ongoing Customer Due DiligenceG under Rule 7.3.1(1)(d), a Relevant PersonG must, using the risk-based approach:

      (a) monitor transactions undertaken during the course of its customer relationship to ensure that the transactions are consistent with the Relevant Person'sG knowledge of the customer, his business and risk rating;
      (b) pay particular attention to any complex or unusually large transactions or unusual patterns of transactions that have no apparent or visible economic or legitimate purpose;
      (c) enquire into the background and purpose of the transactions in (b);
      (d) review the adequacy of the Customer Due DiligenceG information it holds on customers and Beneficial OwnersG to ensure that the information is kept up to date, particularly for customers with a high risk rating; and
      (e) review each customer to ensure that the risk rating assigned to a customer under Rule 6.1.1(1)(b) remains appropriate for the customer in light of the money laundering risks.

      (2) A Relevant PersonG must carry out a review under (1)(d) and (e) periodically and at other appropriate times when a material change or event occurs relating to a customer.

      Derived from RM117/2013 [VER9/07-13]
      [Amended] DFSA RM231/2018 (Made 6th June 2018) [VER15/07-18]

      • AML 7.6.1 Guidance

        1. In complying with Rule 7.6.1(1)(d), a Relevant PersonG should undertake a periodic review to ensure that non-static customer identity documentation is accurate and up-to-date. Examples of non-static identity documentation include passport number and residential/business address and, for a legal person, its share register or list of partners.
        2. A Relevant PersonG should undertake a review under Rule 7.6.1(1)(d) and (e), both periodically and at other appropriate times such as when:
        a. the Relevant PersonG changes its CDDG documentation requirements;
        b. an unusual transaction with the customer is expected to take place;
        c. there is a material change in the business relationship with the customer; or
        d. there is a material change in the nature or ownership of the customer.
        3. The degree of the on-going due diligence to be undertaken will depend on the customer risk assessment carried out under Rule 6.1.1.
        4. A Relevant Person'sG transaction monitoring policies, procedures, systems and controls, which may be implemented by manual or automated systems, or a combination thereof, are one of the most important aspects of effective CDDG . Whether a Relevant PersonG should undertake the monitoring by means of a manual or computerised system (or both) will depend on a number of factors, including:
        a. the size and nature of the Relevant Person'sG business and customer base; and
        b. the complexity and volume of customer transactions.
        Derived from RM117/2013 [VER9/07-13]
        [Amended] DFSA RM231/2018 (Made 6th June 2018) [VER15/07-18]

    • AML 7.6.2 Ongoing sanctions screening

      A Relevant PersonG must review its customers, their business and transactions against United Nations Security Council sanctions lists and against any other relevant sanctions list when complying with Rule 7.6.1(1)(d).

      Derived from RM117/2013 [VER9/07-13]
      [Amended] DFSA RM231/2018 (Made 6th June 2018) [VER15/07-18]

      • AML 7.6.2 Guidance

        In AMLRule 7.6.2, a "relevant sanctions list" may include U.A.E EU, U.K. HM Treasury, U.S. OFAC lists and any other list which may apply to a Relevant PersonG .

        Derived from RM117/2013 [VER9/07-13]
        [Amended] DFSA RM196/2016 (Made 7th December 2016). [VER13/02-17]