1€¦ · web viewkyc questionnaire. in order for us, raiffeisen bank international ag (rbi), to...

KYC QuestionnaireIn order for us, Raiffeisen Bank International AG (RBI), to comply with our obligations relating to the RBI Group Standards which derive from the requirements stipulated in the 4th EU Anti Money Laundering Directive and Austrian Banking Act (BWG) and the Austrian Finanzmarkt-Geldwäschegesetz (FM-GwG), please duly complete this questionnaire(hereinafter “KYC Questionnaire”) on behalf of the institution mentioned below:

I. General Information

Name of the entity

Registered address

Website

1. Please provide the following ID numbers if available:

Registration Number: Registration Date: UID/VAT: LEI: GIIN Number (for FATCA):* Tax residence(s) & TIN(s) (for CRS):*

*In case multiple TINs and tax residences are availableplease provide all of them

2. What type of institution are you?

Bank: Universal (Private Individuals and Corporate Customers) Commercial (Corporate

Customers) Central Bank (Please complete section I and VII) Specialised:

Insurance: Life Non-Life

Others: Investment Fund Asset Manager Payment Service Provider Investment Entity MSB Others:

3. Are you acting on your own behalf or on the account of a third party (trustor)?

For own account On behalf of a third party

If you are acting on account of a third party, please provide a list of all trustees (name(s), incl. trust agreement and for legal entities notarized and apostilled extract from commercial register or notarized and apostilled passport copies for private individuals)

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4. Who is/are the owner/s (representative beneficial owner/s) of your Entity?Please find the beneficial owner definition and examples how to fill in the column "Level in Ownership Structure" in the enclosed Annex.

This information is not necessary, if there are no owners – as described in the Annex. In this case, please confirm by ticking the box.

Legal Entity – Owner/Shareholder 1

Company Name Legal Form Registration Address and Country

Residence Address and Country Percentage

Level in Ownership Structure (L1/L2/L3…)

/ Control

This information is not necessary, if there are no owners – as described in the Annex. In this case, please confirm by ticking the box.

Natural Person - Beneficial Owner

Full Name (Surname, First

Name)Date of Birth Country of Birth Gender Citizenship(s

)

Residence Address and Country (at

least country)Percentage

Shares (1) / Participation (2)/

Control (3)

Telephone number for Beneficial Owner(s)2:

Important Notice: Please provide RBI immediately with information about any changes in the ownership!

1 Please also provide a complete duly signed ownership structure (name, legal form, percentages, registered country)

2 Optional information of 24

Please list below all shareholders (legal entities and private individuals) exceeding 10%

Company Name Legal Form Registration Address and Country

Residence Address and Country Percentage

Level in Ownership Structure (L1/L2/L3…)

/ Control


Name)Date of Birth Country of Birth Gender Citizenship(s

)

Residence Address and Country (at

least country)Percentage

Shares (1) / Participation (2)/

Control (3)

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5. Please provide information about your executive board members:


Name)Date of Birth Country of Birth Gender Citizenship(s)

Residence Address and Country (at least

country)Function

6. Please provide information regarding your FATCA Status:

Compliant Non-Compliant Deemed-Compliant Exempt (please specify)

Please provide the contact details of the FATCA responsible person:

Name: Title: Telephone: Email:

7. Please provide the total number of employees and the number of AML related staff3

8. Have you issued bearer shares which are not listed on a regulated stock exchange?

yes no

If yes, are the issued shares with a custodian? yes no

If yes, is the custodian obliged to notify you of any changes? yes no

9. Please provide information regarding the purpose of your business relationship with Raiffeisen Bank International AG:

Current Account Treasury Custody Financing Banknotes Trading Trade Finance Others:

If you ticked current accounts in the upper box, please provide the following information:3 Not necessarily only Compliance staff

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Currency Expected Number of Transactions per month Expected turnover per month

If you ticked banknotes trading in the upper box, please provide the following information:

Currency Expected frequency of trading per month

Expected volume and denomination per deal

Purpose of banknotes trading:

Proprietary Trading For third parties Buying Selling

In case you ticked Proprietary and Third Parties please provide the approximate ratio in percentage:

10.Are you subject to laws tailored to combat money laundering and terrorist financing in your country?

yes no

If yes, are you subject to a regulatory authority?

yes no

Name of your regulatory authority:

If no, is a third party performing anti money laundering and terrorist financing topics on your behalf? Please briefly describe the procedures which ensure compliance with your internal requirements (f.e. trainings, samples review)

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11.Are all of your domestic/foreign branches and majority owned subsidiaries subject to the same anti-money laundering policy as your head office as provided by FATF Recommendation No. 8?

yes no

12.Does your institution open accounts and/or maintains business relations for persons using fictitious names, who want to obtain "bearer" status or who refuse to disclose their identity or that of other persons when conducting financial transactions on behalf of or for the benefit of such persons?

yes no

13.Does your institution have a “physical presence” at the address to which we are sending this KYC Questionnaire?

* Physical Presence means that your institution maintains a place of business that is located at a fixed address (other than solely an electronic address) in a country in which it is authorised or licensed by such country to conduct business activities and, at which location it employs one or more individuals on a full-time basis and maintains operating records related to its activities; and is subject to inspection by the your authority that authorised or licensed it to conduct your business activities.

yes no

If no, please provide the address of your actual physical presence:

14.Do you service banks without physical presence (“shell banks”) as clients?

yes no

15.Were you subject to regulatory investigation or fines with regards to material breaches of Money Laundering, Terrorist Financing and/or Financial Sanctions regulations, within the last 3 years?

yes no

If yes, please provide a detailed explanation:

16.Do you have a presence (branches and subsidiaries) in sanctioned countries like Iran, Syria, North Korea?

yes no

If yes, please specify:

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II. Business Model

17.What is your business focus with regard to country, industry and product?

Country: Domestic Cross-Border

If Cross-Border: Europe Africa North America South America Asia Australia Middle East Far East CIS/CEE

Industry: Trade and Services Construction Food & Agricultural

Manufacturing Finance & Insurance Transport, Infrastructure & Communication

Product: Loans Accounts Savings Trade Finance Others:

18.Do you restrict any of the below industries within your organisation?

Gambling Arms Money Service Business Atomic Power

19.Describe your customer structure

Total number of customers: Private Individual ( %) SME ( %) Large Corporations ( %) FIs ( %) Others( %)

20.Do you have customers/offer services in sanctioned countries (i.e. Iran, Syria, North Korea)?

yes no

21.Do you have offshore-clients?

Offshore-client means post-office box companies in offshore-destinations as BVI, Panama etc. without physical presence and without operative business in the respective/registered country

yes no

If yes, do you have an enhanced due diligence for offshore-clients in place? yes no

22.Please indicate the percentage of resident, non-resident and offshore-clients.

Private Individuals: resident( %) non-resident ( %)Corporations: resident( %) non-resident ( %) offshore ( %)Financial Institutions: resident( %) non-resident ( %) offshore ( %)

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23.Do you offer “payable-through accounts”?

The term payable-through accounts refers to correspondent accounts at your institution that are used directly by third parties to transact business on their own behalf. These accounts are different from typical correspondent banking accounts.

yes no

If yes, please describe the level of due diligence you are applying to these third parties. Please state, how you identify the third parties using these accounts and to which extent you are monitoring the transaction activity. Please inform us whether you can provide information related to the third parties and the transaction activity on these accounts upon written request.

24.Do you offer clearing business (downstream payments) for your Financial Institution Clients?

yes no

If yes, in case you also have a correspondent banking / current account please provide a list of your LORO correspondent banking relationships (name of the correspondents).

25.Do you have walk-in clients?

Walk-in client means person who walks into a branch office initiating a business transaction without actually having an account or any other financial dealings with the bank (i.e.: cashing a check without having an account at the bank)

yes no

Please state in percentage and explain in detail your identification, verification process and how you verify the source of funds regarding your walk-in clients?

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III. AML-Procedures

26.Do you have written policies to prevent money laundering and financing terrorism?

yes no

27.Do you have policies and procedures for the identification and reporting of transactions that are required to be reported to the authorities?

yes no

28.Have you implemented suspicious activity reporting guidelines?

yes no

29.Have you implemented a risk-based approach?

yes no

30.Please provide information regarding your procedures/information for establishing a customer relationship.

Customer Identification Business Activities Beneficial Owner Ownership Structure Executive Management Business Partners Information about signatories Expected Turnover AML Risk Rating Plausibility Check Compliance Approval Sanction Screening Management Approval

31.Do you have a customer acceptance policy for politically exposed persons (PEP)? PEP means natural persons who are or have been entrusted with prominent public functions and immediate family members, or persons known to be close associates, of such persons (e.g., heads of state, government, ministers; members of parliaments, senior judges, senior party functionaries, influential functionaries in nationalized industries, etc.)

yes no

If yes, what activities are covered:

High Risk-Rating Management Approval Compliance Approval Review of PEP-status Enhanced Due-Diligence

If no, please explain how you comply with FATF Recommendation No. 12 and No. 22 regarding PEP handling:

32.Please describe any of your additional procedures/information for entering into a business relation with high risk customers.

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33.How do you identify and verify the beneficial owner of your customer? Please describe your internal processes and state acceptable sources.

Beneficial owner means: (i) the natural person(s) who ultimately owns or controls the customer through direct or indirect ownership or control over a sufficient percentage of the shares or voting rights in the legal entity, including through bearer share holdings, other than a company listed on a regulated market that is subject to disclosure requirements equivalent to EU legislation or to international standards. (ii) natural person(s) who otherwise exercises control over the management of a legal entity.

34.Do you verify the source of funds of your customers for both at the event of establishing the customer relationship and in the course of the existing customer relationship?

yes no

If yes, please specify by selecting from the following. (Please select in both a) and b))a) Customer Types:

All Customers High risk only Walk-in Customers Resident Non-resident Domestic PEPs Foreign PEPs

b) Accepted Documents: Bank Statement Income statement Tax declaration Salary slip Documentary proof Contracts Threshold based (please specify)

35.In case you are providing correspondent banking services (Question 24): Do you inquire additional information about your customers' customer transactions (ratio private persons and corporates, respectively expected volumes)?

yes no

If yes, how do you monitor these transactions of your correspondent bank clients?

36.Do you have a monitoring program for suspicious or unusual activities?

yes no

If yes: Purchased In-house Solution

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37.Do you screen and evaluate transactions for sanctioned entities and countries before execution?

Sanction screening refers to transactions involving persons/companies/countries who are named by governmental or international bodies on their black-lists

yes no

If yes, please state the respective sanction lists

EU US UN UK Others:

38.Do you offer banknotes services to customers?

yes no

If yes, who can use this service: Private Individual SME Large Corporations FIs Others

Which procedures are in place: Monitoring of volumes Plausibility check of frequency and denomination check of source of funds Identity Check Enhanced due diligence

39.Do you update your customer data?

yes no

If yes, what is the frequency:

40.Do you have an AML employee training in place?

yes no

If yes, please answer the following: Webbased (online) class-room training

Frequency:

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41.Have you appointed a money laundering reporting officer or other senior official designated to monitor suspicious activities and to train staff in internal money laundering prevention controls and procedures? Please provide the official’s name, telephone number and e-mail address:

yes no

If yes, please provide the following information:

Name:

Title:

Telephone:

Email:

Please provide the contact details of the person in charge of AML related topics (i.e. transaction requests, KYC update) in case it is different to the person above:

Name:

Title:

Telephone:

Email:

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IV. Sanctions Statement

42.Does the entity have any clients or business partners (e.g. suppliers, off-takers) that are targeted by any sanctions4?

yes no

If yes, please provide us with details:

43.Does the entity have activities, branches, subsidiaries, joint-ventures which are located in a sanctioned country5?

yes no

If yes, please provide details:

44.Does your entity have any subsidiary, joint-venture or participation which is directly or indirectly sanctioned4 or partially owned by sanctioned4 entities or individuals? If yes, please indicate exact details of such entities, co-owners or business partners.

a) sanctioned subsidiary

yes no

If yes, please indicate exact details of entities (name, address, Company ID, other relevant details):

b) sanctioned joint venture

yes no

If yes, please indicate exact details of entities (name, address, Company ID, other relevant details):

c) sanctioned participation

yes no

If yes, please indicate exact details of entities (name, address, Company ID, other relevant details)?

4 Sanctions & embargoes issued by the following authorities:European Union (EU), United States of America (USA), United Nations (UN), United Kingdom (UKHMT)5 Sanctioned countries: Belarus, Cuba, Crimea & Sevastopol, Iran, North Korea, Russia, Sudan, Syria, Ukraine

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45.Does the entity have any entity or private individual in the management or ownership structure which is directly or indirectly sanctioned4? If yes, please indicate exact details of entities, private individuals.

yes no

a) Management structure (name, address, Company ID/DOB, nationality, other relevant details):

b) Ownership structure (name, address, Company ID/DOB, nationality, other relevant details):

46.Does your entity have any activity or business partner which/who is directly or indirectly connected to military industry and services, nuclear power, gaming/gambling or any industry related to sanctions4 (e.g. oil exploration)?

yes no

If yes, please indicate exact details of relevant activity:

47.Does your entity conduct sanctions screening of the customer database? If yes, please indicate the frequency of the screening, what information is screened and inform us which sanctions lists are you using.

Screening relevant informationClient Name yes noBeneficial Owner yes noOwners yes noAuthorized Persons yes noCompany Organs yes noTrustor yes noTrustee yes noAny other screening relevant information

Sanctions lists:EU yes noOFAC yes noUN yes no UKHMT yes no

Any other sanctions lists

If any, please specify the name of the lists

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48.What transaction types does your entity screen and which sanctions lists are you using for the transaction screening?

Transaction types:MT1XX yes noMT2XX yes noMT7XX yes no

Any other transaction types

If any, please specify the transaction types

Sanctions lists:EU yes noOFAC yes noUN yes no UKHMT yes no

Any other sanctions lists

If any, please specify the name of the lists

49.Who is the provider of your sanction lists?

50.Does your entity maintain business policies with regard to sanctioned countries?

yes no

If yes, please describe:

51.Please confirm that the entity does not execute transactions involving Raiffeisen Bank International AG which are prohibited by applicable sanctions4 or would result in a breach of applicable sanctions by Raiffeisen Bank International AG.

yes no

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V. Counter Fraud and Anti-Bribery and Corruption Activities (ABC)

52.Please explain how the risk of financial crime, in particular fraud and corruption/bribery, is managed in your institution (responsibilities, approach etc.)

53.Do you have a dedicated team which manages Fraud and ABC?

yes no

If yes, please explain management approach, activities etc.:

If no, please explain reasoning:

54.To whom does the team report to?

55.How many employees are allocated to the team?

56.Has your institution or have individuals working for your institution ever been convicted/fined because of transgressions under the UK-Bribery Act, the FCPA Act or any local Fraud/Bribery-Corruption legislation?

yes no

If yes, please explain:

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VI. Payment Service Provider (Non-Banks only)

57.Please submit a certified copy of a valid license for providing payment services/issuance of electronic money?

58.How does your company business model look like? Please provide us with your business model and describe your activities and the types of products and transactions offered by your institution in written form.

If you also issue e-money or small value payment instruments which do not require the identification of the customers under the applicable law, rules or regulations please also describe these products and provide us with a list of all merchants who accept these instruments and describe your activities and the types of products and transactions offered by your institution.

59.How many merchants in total do you have?

60.Please provide a merchant list.In which kind of business fields are your merchants?

Trade and Services Construction Food & Agricultural Manufacturing

Finance & Insurance Transport, Infrastructure & Communication Online Gambling Sports Betting

61.Do you have merchants without physical presence as clients?

yes no

62.Do you offer payment services to other Payment Service Provider?

yes no

If yes, do you inquire additional information about the customers' customer/merchants and do you have a monitoring program or procedure in this respect?

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VII. Central Banks

63.What are the mandated responsibilities?

Monetary Policy Financial Stability Supervisory Authority Commercial Bank Activities

64.Do you have written policies to prevent money laundering and financing terrorism?

yes no

65.If you ticked banknotes trading in Section I, please provide the following information:

If Third Parties: Private Individual SME Large Corporations FIs Others:

Which procedures are in place: Monitoring of volumes Plausibility check of frequency and denomination check of source of funds Identity Check Enhanced due diligence

66.Have you appointed a senior official designated to monitor suspicious activities and to train staff in internal money laundering prevention controls and procedures? Please provide the official’s name, telephone number and e-mail address:

yes no

If yes, please provide the following information:

Name:

Title:

Telephone:

Email:

67.Please confirm that your entity does not route transactions, prohibited by applicable sanctions, via/to Raiffeisen Bank International AG.

yes no

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68.List of KYC Documents

We shall provide RBI with copies of the below listed documents currently in force and valid for your company (hereinafter “KYC Documents”)

a) this KYC-Questionnaire as well as the included data b) a complete ownership structure chart displaying the registration country and percentage

of each entity up to the UBO, signed by an authorized signatory.b) a legally binding extract of your list of authorized representatives (i.e. company register

or any equal documentation such as an official certificate of directors) ORa Swift confirmation that the signatories are authorized representatives of your institution (please refer in field 20 of the swift message to “Update of your KYC documents)

c) passport copy/passport copies of the signatory/signatories of this KYCd) Company Register Extract / Proof of Registratione) Licensef) other documents requested by RBI for KYC purposes within RBI Group and Raffeisen

Banking Group

Consent to Information Disclosure to Raiffeisen EntitiesBy duly signing below we, the above mentioned institution, give our consent that RBI may disclose, as RBI considers necessary or appropriate, to any entity of the RBI group, or the Raiffeisen Banking Group and to all organizational units within RBI in and outside Austria (collectively hereinafter "Raiffeisen Entity"), the information provided by us in and on the basis of this KYC Questionnaire as well as the KYC Documents, if any, and the information regarding ourselves, our affiliates and our direct and indirect shareholders and our beneficial owners, which have been provided to RBI by us in and on the basis of the KYC Questionnaire and the KYC Documents, if any, for the purpose of the Raiffeisen Entities being able to comply with their statutory and/or regulatory requirements of identifying their customers, including the beneficial owners of their customers (KYC-requirements) in connection with the Raiffeisen Entities.

entering into, maintaining and analyzing a business relationship with ourselves, our affiliates or shareholders; or

entering into a potential transaction with ourselves, our affiliates or shareholders; or suspecting or having reasons to assume that we, our affiliates or our share holder have

committed violations against anti money laundering, terrorism financing or other criminal rules and regulations.

Authorised6 Signatures & Company Stamp

Signature on behalf of the Company < Date >

< Name in Capital Letters of Signee's >

< Company Name/Company Stamp >

6 Please provide authorized signature and company stamp. Please provide proof of the signatories’ signing authority by either providing to us

a legally binding extract of your list of authorized representatives (eg certificate of directors or company register) and passport copies of the signatories; or

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Annex:

Definition of the beneficial owner according to Article 2 WiEReG as follows:

Definition of the beneficial owner of legal entities: legal entities (e.g. a company (e.g. Austrian corporations (GmbH, AG), incorporated Austrian associations with legal capacity (OG, KG) and comparable foreign or European corporations (SE, EEIG)) all natural persons who hold a sufficiently direct or indirect participation through shares or voting rights in the company or exercise control over the management of the company.

Direct beneficial ownership: In case a natural person holds more than 25% of the shares or a participation that exceeds 25% of the company.

Indirect beneficial ownership: In case a legal person in the meaning of Article 1 WiEReG or comparable foreign or European corporations holds more than 25% of the shares or a participation that exceeds 25% of the company and this legal person is controlled directly or indirectly by a natural person.

Subsidiary beneficial ownership: In case no direct or indirect beneficial owner can be determined all members of the senior management (e.g. directors, board members) of the company who are natural persons are considered as beneficial owners7.

Control exists in particular in case a sufficient direct or indirect holding of shares exceeding 50% or a participation exceeding 50% is given. Further control exist when the criteria for a “controlling company” according to Article 244 no 2 UGB are met. Also control can exist through trusteeships or similar legal relationships. In addition control is exercised by all natural persons who perform any function as stated below of a foundation / trust / charitable fund at the end of the ownership chain.

In case two or more legal entities, which are controlled directly or indirectly by the same natural person, are overall holding more than 25% of the shares or a participation that exceeds 25% of the company, this natural person is considered as an indirect beneficial owner. A direct participation of a natural person in the company has to be added. In order to be able to identify all possible aggregations an overview of all participations (also below 25%) including all trusteeships in the ownership chain has to be presented.

Beneficial owners of foundations / trusts / charitable fund (acc. To Article 1 BStFG 2015) are all following natural persons:

Founder / Settlor / Trustor Trustees Beneficiaries / Class of beneficiaries Members of the foundation council / board of the fund Every other natural person who exercises control over the foundation / trust / charitable

fund in a different way

7 If all shareholders of incorporated Austrian associations with legal capacity (OG, KG) are natural persons only, all managing partners are considered as beneficial owners in case no reason to believe that there is (are) a different person(s) exercising direct or indirect control over the company exists. If no member of a commercial and industrial cooperative (“Erwerbs- und Wirtschaftsgenossenschaft”) holds more than 25% of the share and no reason to believe that there is (are) a different person(s) exercising direct or indirect control over the commercial and industrial cooperative, the members of the senior management (e.g. board members) are considered as beneficial owners.

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Examples for the calculation of Beneficial Owners by sharesExample I: The customer is a legal entity (company)

Level in ownership structure:Level 1: Company I, Company II, Person V Level 2: Person I, Person II, Person III, Person IV

UBO:Person I: Beneficial Ownership through a participation of 100% in Company I (Control), as well as through the participation of Company I in the customer (30%).Person V: Beneficial Ownership through a direct participation in the customer of 40%.

Irrelevant legal entities/persons in the ownership structure and UBO in this example:

Irrelevant legal entities/persons in the ownership structure: Person II, Person III and Person IV as they hold 25% or less of shares on the first ownership level or because they do not exceed the defined control element (>50%) on the following ownership levels.

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Example II: The customer is a legal entity (company)

Level in ownership structure:Level 1: Company I, Company II, Company IV, Company V, Person VILevel 2: Company III, Person I, Person III, Person IV, Person VLevel 3: Person II

UBO:Person I: Beneficial Ownership through the participation of 51% in Company I (Control) and the aggregation of the participation of company I in the customer (11%) and the direct participation of person I in the customer (15%). Person II: Beneficial Ownership through the participation of 100% in Company III (Control), which holds a participation in company II (54%), which holds a participation of 26% in the customer. Person V Beneficial Ownership through the participations of 51% in Company IV and Company V (Control) and the aggregation of the participation of Company IV (10%) and Company V(16%) in the customer.


Irrelevant legal entities/persons in the ownership structure: Person III, Person IV and Person VI as they hold 25% or less of shares on the first ownership level or because they do not exceed the defined control element (>50%) on the following ownership levels.

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Example III: The customer is a legal entity (company)

Level in ownership structure:Level 1: Company I, Company II, Person VILevel 2: Foundation, Company III, Person I, Person IILevel 3: Members of the foundation, Person III

UBO:Members of the foundation: Beneficial Owners are the founder, the members of the foundation council and the beneficiaries as they are all members of a relevant foundation at the end of an ownership structure (first level participation exceeding 25%, second level exceeding 50%). Person III: Beneficial Ownership through the participation of 100% in Company III (Control), which holds a participation in Company II (54%), which holds a participation of 30% in the customer. Person IV: Beneficial Ownership through a direct participation in the customer of 40%.


Irrelevant legal entities/persons in the ownership structure: Person I and Person II as they hold 25% or less of shares on the first ownership level or because they do not exceed the defined control element (>50%) on the following ownership levels.

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