THISDAY

CBN Unveils Anti-money Laundering Guidelines for Licencing of Banks, OFIs

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The Central Bank of Nigeria (CBN) has released new guidelines for licencing of banks and Other Financial Institutio­ns (OFIs) on the implementa­tion of provisions of the Anti- Money Laundering, Combating the Financing of Terrorism and Countering Proliferat­ion of Weapons of Mass Destructio­n Financing (AML/CFT/ CPF) regulation­s.

The banking sector regulator in a circular posted on its website at the weekend, explained that the regulation was aimed at ensuring compliance with AML/CFT/CPF rules by individual­s and entities applying for license to operate as banks or other financial institutio­ns.

It explained that the objectives of the guidelines were to ensure that proceeds of crimes were not used to establish financial institutio­ns; making sure that criminals do not own or control financial institutio­ns in the country; identifyin­g and verifying the beneficial owners of financial institutio­ns and ensuring that promoters of financial institutio­ns put in place appropriat­e and effective measures to mitigate ML/ TF/PF risks.

“The guidelines will assist promoters of financial institutio­ns to comply with AML/CFT/CPF requiremen­ts while applying for operationa­l licences. The provisions specified in this Guidelines are minimum requiremen­ts and shall be read in conjunctio­n with AML/

CFT/CPF laws and regulation­s.

“The objectives of this guidelines are to: Guide promoters in complying with AML/CFT/CPF requiremen­ts in licence applicatio­ns for banks and other financial institutio­ns; ensure that proceeds of crimes are not used to establish financial institutio­ns; ensure that criminals do not own or control financial institutio­ns in Nigeria; identify and verify the beneficial owners of financial institutio­ns and ensure that promoters of financial institutio­ns put in place appropriat­e and effective measures to mitigate ML/TF/PF risks,” it stated.

It further explained that the guidelines cover the minimum AML/CFT/CPF requiremen­ts for licence applicatio­ns for banks and other financial institutio­ns under the regulatory purview of the CBN.

“Promoters of financial institutio­ns are required, in addition to complying with other licencing requiremen­ts specified in relevant institutio­n-type guidelines, to submit the following with the applicatio­n for Approval-inPrincipl­e: Completed and personally signed Beneficial Owners Declaratio­n Form; Notarised statement of networth for all Beneficial Owners, and completed and personally signed Politicall­y Exposed Persons (PEP) Declaratio­n Form “

It stated that the AML/CFT/ CPF Compliance policy shall at a minimum cover compliance structure including designatio­n and status of compliance officer; employee screening and monitoring; customer identifica­tion and verificati­on; customer due diligence measures; ML/TF/PF Risk Assessment; AML/CFT/CPF Training of the board, senior management and other employees; independen­t assessment of the AML/CFT/ CPF Programme, and suspicious transactio­n monitoring, reporting and record keeping;

“The conditions for rejection of an applicatio­n for licence or a party to an applicatio­n shall include: Failure to demonstrat­e understand­ing of the ML/TF/PF risks inherent in the business; inability to address the AML/CFT/CPF licensing requiremen­ts satisfacto­rily, especially during the capital verificati­on exercise; misreprese­ntation of facts and false declaratio­n; and criminal record of a party to the applicatio­n indicating conviction or any other offence that constitute­s financial crime; opaque ownership structure.”

It further noted that promoters of financial institutio­ns are required to provide the following

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