AML AND PROVISIONS FOR INTERNAL REGULATION CONCERNING THE SITUATIONS CONNECTED WITH COUNTERACTION BY LAUNDERING OF INCOME, MONEY AND TERRORISM FINANCING.
The Anti-Money Laundering — measures against money laundering) is directed to recognition of schemes on laundering of money/income in a global format and financing of the terrorist organizations on the basis of the analysis of the aggregated data. Our employees take all necessary measures to ensure the maximum safety during exchange of electronic units and/or during exchange of digital assets.
The real actions of service allow to reveal doubtful operations and to check them for financial and legal purity. At the same time service leaves the right to carry out full identification and an inspection of the identity of any user. This procedure can be provided with forces of service or through third parties.
1. Definitions and Provisions.
1.1. The performer – Internet service for exchange of cryptocurrency dubai-tether.pro
1.2. The customer – the natural person agreeing with conditions of the Performer and this agreement which joins.
1.3. Money laundering – concealment or masking of true character, a source, location, location, transfer, possession or other rights concerning the property received as a result of the criminal activity or property received from it. Change, transfer, acquisition, possession or use for concealment, concealment of illegal origin of property or assistance to the person who participated in criminal activity to avoid legal consequences from actions.
1.4. Terrorism financing – granting or fund raising or rendering financial services with understanding that they are intended for financing of the organization, preparation and commission of crimes of terrorism.
1.5. The international sanctions are measures of political and unaided influence which are defined by the United Nations and the European uniоn and/or other international government/non-governmental organization and also the internal Government of the State for the purpose of maintenance and an achievement of peace, to conflict prevention and also maintenance and strengthening of the rule of law, international law and human rights.
1.6. Politically vulnerable face – the face having powers to influence in the field of policy and also to make significant economic or political the decision both in the State of stay, and in the international political arena. The natural person who performed or continues to perform the predetermining functions of public authority, the person who directly or indirectly is related to legislative, executive and judicial activity and/or the industry.
1.7. The member of the family of PEP – the member of the family of PEP is considered the natural person who is considered by an equivalent of the spouse(s) of this person, child of this person and people, considered as an equivalent of the spouse(s) of this person or parent of this person.
1.8. The person approximate to PEP – is meant it the natural person who, according to public information, is the owner-beneficiary or the co-owner of the legal entity or enterprise with the citizen of the country or the local, does close business with the citizen of the country or the local, or the natural person who is the only owner-beneficiary of the legal entity or enterprise which, according to public information, was successfully founded in favor of the citizen of the country or the local.
1.9 AML of a measure are legal measures for maintenance of legal purity of a systеm
2. General provisions.
2.1. This provision of AML was prepared, based on norms and legal practice of International law (including. The international law on sanctions) it is also intended only for internal use.
2.2. This manual completely states all measures of an internal security systеm for the purpose of compliance to requirements of complex legal check for prevention of money laundering and to financing of terrorism and also for the purpose of compliance to requirements of the international sanctions and detection of suspicious, imaginary and not “standard” deals.
2.3. The performer is acquainted and steadily follows requirements of the Legislation on AML, the international sanctions, instructions for identification of money laundering, financing of terrorism and suspicious operations, and other instructions for compliance to requirements of the Law on AML and this Management.
2.4. The performer is responsible for compliance with the requirement of the Law on AML according to the legal procedure provided by the legislation.
3. Relationship of the Performer and Customer.
3.1. The performer undertakes to apply the following rules before the introduction in legal, business relations with the Customer.
3.2. The performer does not establish relationship with the authorized representative of the Customer, and establishes relationship exclusively directly.
3.3. The customer – the natural person is identified as follows:
— The customer undergoes identification and verification on the basis of the identity document of the natural person.
— The customer – the foreign citizen – the identity document.
3.4. The performer, on each Customer enters the following data:
3.4.1. Surname, the Name, the Middle name (at his existence).
3.4.2. Date of birth and personal customer number.
3.4.3. A name, number, date of issue and the name of body of delivery for the document used for identification and check of the natural person.
3.4.4 Residential address of the Customer.
3.4.5. Contact information of the Customer: phone number and e-mail postal address.
3.4.6. Check of the Customer on the last/current belonging to PEP category.
3.4.7 Whether the Customer is a partner of PEP or the member of his family.
3.4.8 The performer reserves the right:
– to report about suspicious operations to the appropriate law enforcement agencies;
– to ask the User to provide any additional information and documents;
– to suspend or terminate the account of the User;
– to suspend exchange and to freeze assets before clarification of circumstances;
– to return means to the user having cancelled the procedure of exchange, according to terms of service.
4. Assessment of Risk and definition of measures of introduction of control.
4.1. Establishing the legally significant, business relations with the Customer, the Performer estimates risk degree on money laundering and financing of terrorism and has the right to choose and carry out, on own belief, the following complex measures of check.
4.2. Operational risk.
4.2.1. The face which isn’t the party of the transaction is her direct payer.
4.2.2. The conclusion of the transaction which purposes the actual concealment of the list of participants of the transaction is occurs or intends.
4.2.3. The transaction which has no accurate bright expressed and reasonable economic, commercial, legal, tax purpose occurs or intends.
4.2.4. Virtual currencies always prevail origin from the different addresses or monetary units are transferred from various accounts.
4.2.5. The sums in virtual currency or a money equivalent or digital assets aren’t “natural” and “standard” for the Customer.
4.3. Client risk.
4.3.1. PEP, the member of his family or the person, the confidant to PEP is. The performer is obliged to establish whether Customers are the said persons before establishing business relations with the Customer and to make the transaction.
4.3.2. It is included by the UN or the European uniоn in the list of the persons which are exposed to the international financial sanctions. The Performer has a duty to trace this information before establishing business and legal relationship, with data validation of the Customer.
4.3.3. Is a natural person who was suspected of involvement in money laundering or financing of terrorism in a past and present time interval of time earlier.
4.4. Geographical risk.
4.4.1. The geographical risk is considered high if the client or the transaction have the known communication with the following countries or territories: Afghanistan, Bosnia and Herzegovina, USA, Democratic People’s Republic of Korea, Democratic Republic of the Congo, Eritrea, Ethiopia, Guyana, Iran, Iraq, Lao People’s Democratic Republic, Libya, Somalia, South Sudan, Sri Lanka, Sudan, Syria, Trinidad and Tobago, Tunisia, Uganda, Vanuatu, Ukraine.
4.4.2. The countries in which there are no legal measures against money laundering and prevention of terrorism.
4.5. The performer don’t render service to the Customer and doesn’t enter with him any legally significant partnership if:
4.5.1. Customer from the country with high risk (http://www.fatf-gafi.org/countries/#high-risk).
4.5.2. The customer is a person of the international sanctions.
4.5.3. The customer is a PEP person, the member of the family of the PEP person, or facing him the confidant.
4.5.4 The customer early was suspected of inclination in money laundering or financing of terrorism.
4.6. Concerning the risks which aren’t displayed in Paragraph 4.5. the strengthened measures of complex check have to be taken against the Customer.
5. Risks in the field of IT and their monitoring.
5.1. The risks connected with information leakage as a result use of technologies:
5.1.1. Information leakage, granting false information and false data, cyber attacks, application of the malicious software and also risks connected with “internal” work of information systems.
5.2. For prevention of risks the Performer:
5.2.1. Uses only internal servers, uses the reliable, official software, uses own hardware, uses safety infrastructure of network and servers.
5.2.2. The performer carries out on a regular basis of scheduled maintenance of servers, software, carries out continuous testing of a security systеm.
6. Application of expanded measures of Legal check.
6.1. The performer uses expanded measures of legal check in a case.
6.2. Identification or check raise doubts or suspicion of authenticity of the document, or not an opportunity to completely identify the beneficiary (owner).
6.3. If a situation/incident/case cause direct or indirect suspicion on operation on money laundering and/or financing of terrorism.
6.4. The performer has the right to accept following/one of the following measures.
6.5. The identification and full verification of information received from additional reliable sources and/or state bodies of the country of the potential Customer which conducts carries out the internal AML-KYC to the politician and has equal standards, in relation to activity of the Performer.
6.6. Implementation of data collection by means of electronic delivery of documentation, by the notarial certificate or the official confirmation of public authority or the state authorized by the central bank by credit institution given to the Performer on the official form with use of the press and the signature of authorized organization and credit public authorized institution.
7. Identification of PEP – persons.
7.1. At implementation of identification procedure and/or verification of the personality the Customer promises:
7.1.1. To specify whether it is PEP – the person.
7.1.2. To specify whether he is a relative or the person directly or indirectly concerning PEP – to the person.
7.2. The performer independently checks the Customer, the potential Customer for his straight line and/or indirect belonging to PEP category.
8. Identification of the person which is or being under the influence of the international sanctions.
8.1. When passing the procedure of verification/identification the Customer fills the form provided by the Performer into which he / she enters the basic, basic necessary data which are necessary for check and identification.
8.2. On the basis of the provided data the Customer, the Performer carries out internal check on the Customer’s belonging to the international sanctions.
9. Identification of the fact of money laundering.
9.1. Under suspicious operations on money laundering the Performer carries:
9.1.1. Customer’s relations to similar operations earlier.
9.1.2. “Non-standard” operation with money.
9.1.3. Operations with a large and small number of money / electronic units / digital assets which don’t provide in themselves a reasonable economic benefit or if similar operations (ya) doesn’t bear in itself economic validity.
9.1.4. The money received by the Customer for operations with virtual currency is transferred absolutely to the stranger or to the bank settlement account in other tax jurisdiction and/or the country.
9.1.5. The customer doesn’t provide any explanations or explanations on the operation made by him.
9.1.6. The customer is an initiator or the participant of the fictitious transaction.
9.1.7. The customer can’t be identified and/or doesn’t show willingness and doesn’t try to provide information for appropriate check of the personality.
9.1.8. The payment is made through bank credit institution which is founded in the “tax-exempt” territory.
10. Collecting, analysis, storage and data protection.
10.1. The performer is obliged to register:
10.1.1. Customer’s details.
10.1.2. Date and time carrying out transaction by the Customer.
10.1.3. Detailed description of a subject of the transaction.
10.1.4. Information after refusal of business relations between the Customer and the Performer.
10.1.5. Exchange rate of virtual currency in relation to other currency.
10.1.6. Services of exchange of virtual currency in exchange for cash.
10.2. The performer undertakes to store the following data within 5 (five) years after end of business relations and/or the conclusion and carrying out the last transaction by the Customer:
10.2.1. Information on identification and full verification of documents of the Customer.
10.2.2. All correspondence with the Customer (at her existence)
10.2.3. All information collected within carrying out monitoring and compliance at all levels and stages.
10.2.4. All data on suspicious and doubtful operations.
10.2.5. Documentation on operations.
10.3. The performer undertakes to apply rules of protection of personal data during the collecting and storage of documents and/or other information of the Customer. The performer assures that all data collected by him will be used only on application of preventive measures for prevention of money laundering and to financing of terrorism.
11. Refusal of the Performer of the introduction in the business, partner, legally significant relations with the Customer.
11.1. The performer doesn’t enter the business, partner, legally significant relations in cases:
11.1.1. The persons under 18, didn’t reach full legal capacity, legal capacity and not deliktosposobno.
11.1.2. With authorized representatives of the Customer.
11.1.3. With the person who was exposed/is exposed to the international sanctions.
11.1.4. With a person who is a PEP person, or a person with a direct and/or indirect relationship to him.
11.1.5. With a person who was previously directly and/or indirectly involved in money laundering and/or terrorist financing.
11.1.6. With a person, citizen and/or resident of a country with a “high risk” index.
12. Final provisions.
The Contractor strongly recommends that the Customers and/or potential Customers study the regulatory provisions of the local legislation before starting interaction with the Contractor.
All future persons who will be involved or potentially involved in direct and/or indirect activities with the Contractor undertake to confirm, that they have nothing to do with the propaganda and distribution of pornographic material, films for adults, do not promote violence, do not call for war, or to other armed conflicts/clashes, do not insult people on racial and class grounds, do not incite hatred between confessional segments of the population and social groups.
The Contractor assures that the only official communication channel between the Contractor-Customer, the Contractor-state/legislative/executive/judicial/banking body is the following communication address: [email protected]
