Singapore legislation

Regulation 7

of Moneylenders (Prevention of Money Laundering, Terrorism Financing and Proliferation Financing) Rules 2009

Regulation 7

Suspicious transaction reporting

Subregulation 1

Where, in any particular case —

(a)

a moneylender is unable to complete performing the CDD measures for any reason;

(b)

a borrower is unable or unwilling to provide any information requested by the moneylender, or decides to withdraw the application for a loan when requested to provide information;

(c)

a loan is granted, to be granted or would have been granted to a person —

(i)

whom the moneylender knows or ought reasonably to know is a politically‑exposed person; or

(ii)

from or in a country outside Singapore known to have inadequate measures for the prevention of money laundering, terrorism financing or proliferation financing —

(A)

as determined by the moneylender; or

(B)

as notified to moneylenders generally by the Registrar, a relevant law enforcement authority or a relevant foreign regulatory authority;

(d)

a loan is part of an unusual pattern of loans with no apparent economic or lawful purpose; or

(e)

any other circumstance exists for the making of a disclosure under section 45(1) of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992 or Part 3 of the Terrorism (Suppression of Financing) Act 2002,the moneylender concerned —

(f)

if a business relation has yet to be entered into, must not enter into one with the borrower concerned; and

(g)

if the transaction or loan in question has yet to be entered into or granted, must not enter into the transaction or grant the loan.

Subregulation 2

In addition, the moneylender must —

(a)

document the basis for the moneylender’s determination as to whether a disclosure under section 45(1) of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992 or Part 3 of the Terrorism (Suppression of Financing) Act 2002 should be made; and

(b)

where the moneylender has made a disclosure mentioned in sub‑paragraph (a) —

(i)

submit a copy of the document by which the disclosure is made to the Registrar; and

(ii)

keep a record of the transaction in question, together with the findings of the moneylender and analysis done by the moneylender concerning the transaction, for a period of at least 5 years beginning on the date of the transaction.

Subregulation 3

This rule does not affect the moneylender’s duty of disclosure under section 45(1) of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992 and Part 3 of the Terrorism (Suppression of Financing) Act 2002.

Subregulation 4

Any moneylender who contravenes paragraph (1)(f) or (g) or (2)(a) or (b) shall be guilty of an offence.