Singapore legislation
Regulation 13
Regulation 13
Keeping of records
Subregulation 1
For the purposes of section 18(1) or (1A) of the Act, the period for which the documents and information in that section must be kept is 5 years after whichever of the following dates is applicable:
in respect of any record made, or information obtained through customer due diligence measures performed (and each copy of a supporting document relating to that information), for a designated transaction (including the additional information and documents prescribed in paragraph (3) relating to the designated transaction) — the date of the designated transaction;
in respect of any record made, or information obtained through customer due diligence measures performed (and each copy of a supporting document relating to that information), for any other transaction (including the additional information and documents prescribed in paragraph (3) relating to that other transaction) — the date of that other transaction;
in respect of any record made, or information obtained through customer due diligence measures performed (and each copy of a supporting document relating to that information) in circumstances other than that in sub‑paragraph (a) or (b) (including the additional information and documents prescribed in paragraph (3)) — the date that the record is made, the information or supporting document is obtained or additional information or document is issued or obtained.
Subregulation 2
The prescribed information of every designated transaction or other transaction (whether or not completed) the record of which must be kept under section 18(1)(a) of the Act is as follows:
in relation to the customer involved in the designated transaction or other transaction, the following information:
the customer’s identifying information;
whether the customer is the owner of the cash or cash equivalent received from the customer, or the owner of the precious stone, precious metal, precious product or asset‑backed token purchased or redeemed from the customer;
if the customer is not the owner mentioned in sub‑paragraph (ii), the identity and identifying information of the owner;
in relation to the designated transaction or other transaction, the following information:
the date of the transaction or intended transaction;
the amount of the transaction or intended transaction;
the description of the precious stone, precious metal, precious product or asset‑backed token sold, purchased or redeemed, or to be sold, purchased or redeemed, under the transaction;
the address or addresses where the transaction was carried out, or would have been carried out;
the name and designation of the individual who carried out (or would have carried out) the transaction on behalf of the regulated dealer.
Subregulation 3
The following additional information and documents must be kept by a regulated dealer under section 18(1)(d) of the Act:
a record of the regulated dealer’s basis for a determination under section 16(5)(c) of the Act, where the regulated dealer is unable to or chooses not to complete any customer due diligence measure under section 16(5) of the Act;
where the regulated dealer —
opens or maintains an account for a customer relating to a transaction entered into with a customer under any circumstances in which the regulated dealer must perform customer due diligence measures or enhanced customer due diligence measures; or
issues or obtains any business correspondence either relating to a transaction entered into with a customer on which the regulated dealer must perform customer due diligence measures or enhanced customer due diligence measures, or in any other circumstances in which the regulated dealer must perform such measures,a record of the information in relation to the account mentioned in sub‑paragraph (i) or a copy of all the business correspondence mentioned in sub‑paragraph (ii), as the case may be;
a record of the supporting information or a copy of each supporting document relied on by the regulated dealer in making a cash transaction report;
where enhanced customer due diligence measures are carried out under regulation 7, the name and designation of the person holding a senior managerial or executive position in the regulated dealer who approved the transaction with the customer;
where simplified customer due diligence measures are carried out under regulation 8, the record mentioned in regulation 8(3);
a record of the following information for each period of 6 months beginning on 1 January or 1 July of any year:
the type or types of products sold by the regulated dealer during that period;
the country or territory, or countries or territories that the products sold by the regulated dealer originate from;
a description of all business activities conducted by the regulated dealer during that period;
for each category, as may be specified by the Registrar, of transactions carried out during that period by the regulated dealer —
the number of transactions in that category;
the total value of all transactions in that category; and
the mode of carrying out each transaction in that category;
for any transaction so carried out by the regulated dealer, any other details specified by the Registrar of the transaction;
a description of the internal policies, procedures and controls implemented or carried out during that period to —
mitigate the risks of money laundering, terrorism financing and proliferation financing; or
otherwise comply with the Act;
the number of transactions or customers on which or on whom the regulated dealer has performed customer due diligence measures or enhanced customer due diligence measures during that period.
Subregulation 4
All the records, information and documents required to be kept under section 18 of the Act and these Regulations must be kept in a manner so as to be accurate, complete, legible and accessible to the Registrar, an auditor, an authorised officer or a Suspicious Transaction Reporting Officer.
Subregulation 5
For the purposes of section 18(4) of the Act, the prescribed manner of making any record kept under paragraph (3)(f) available to the Registrar is by submitting the record to the Registrar through the electronic system of the Ministry of Law at https://acd.mlaw.gov.sg.