Singapore legislation

Regulation 7

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

Regulation 7

Suspicious transaction reporting

Amended byS 522/2015 wef 01/09/2015S 373/2024 wef 01/05/2024S 522/2015 wef 01/09/2015S 199/2023 wef 31/12/2021S 522/2015 wef 01/09/2015S 522/2015 wef 01/09/2015S 522/2015 wef 01/09/2015S 199/2023 wef 31/12/2021S 522/2015 wef 01/09/2015S 522/2015 wef 01/09/2015S 199/2023 wef 31/12/2021S 522/2015 wef 01/09/2015

Subregulation 1

Amended byS 522/2015 wef 01/09/2015S 373/2024 wef 01/05/2024S 522/2015 wef 01/09/2015S 199/2023 wef 31/12/2021S 522/2015 wef 01/09/2015S 522/2015 wef 01/09/2015S 522/2015 wef 01/09/2015

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 —

(i)

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

(ii)

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 1A

Amended byS 199/2023 wef 31/12/2021S 522/2015 wef 01/09/2015

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 such disclosure —

(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 1B

Amended byS 522/2015 wef 01/09/2015S 199/2023 wef 31/12/2021

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 2

Amended byS 522/2015 wef 01/09/2015

Any moneylender who contravenes paragraph (1)(i) or (ii) or (1A)(a) or (b) shall be guilty of an offence.