Singapore legislation
Regulation 14A
Regulation 14A
Group policy for branches and subsidiaries
Subregulation 1
A regulated dealer that has one or more branches or subsidiaries (whether located or incorporated in Singapore or in a foreign country or territory) must —
implement a group policy for preventing money laundering, terrorism financing and proliferation financing, and for managing and mitigating the risks of money laundering, terrorism financing and proliferation financing; and
extend the group policy to all of those branches and subsidiaries.
Subregulation 2
The group policy referred to in paragraph (1) must include the following: (a)the development and implementation of internal policies, procedures and controls, which must be approved by the regulated dealer’s senior management, to manage and effectively mitigate the risks of money laundering, terrorism financing and proliferation financing identified by the regulated dealer or notified to it by the Registrar, including —
making appropriate compliance management arrangements, including —
in the case of the regulated dealer — the appointment of a compliance officer; and
in the case of the regulated dealer’s branches and subsidiaries — the appointment of a person holding a position analogous to a compliance officer; and
applying adequate screening procedures when hiring employees;
enhanced measures to manage and mitigate the risk of money laundering, terrorism financing or proliferation financing where higher risks are identified;
the implementation of an ongoing programme to train employees on the internal policies, procedures and controls in sub‑paragraph (a); (d)the monitoring of the implementation of the internal policies, procedures and controls in sub‑paragraph (a), and enhancement of them if necessary;
subject to paragraph (4), measures to share information —
between the regulated dealer’s branches and subsidiaries with the regulated dealer;
between the regulated dealer and the regulated dealer’s branches and subsidiaries; and
among the regulated dealer’s branches and subsidiaries,for the purpose of conducting customer due diligence or managing the risks of money laundering, terrorism financing and proliferation financing.
Subregulation 3
A regulated dealer that carries out one or more designated transactions must, in addition to the matters specified in paragraph (2), have an independent audit function to test the internal policies, procedures and controls in paragraph (2)(a).
Subregulation 4
The measures mentioned in paragraph (2)(e) —
must incorporate adequate safeguards, implemented by the regulated dealer, to —
protect the confidentiality and use of any information that is shared; and
not tip off any person arising from the information that is shared, including to not share the information, where appropriate;
except where sub‑paragraph (a)(ii) applies, must require the regulated dealer’s branches and subsidiaries to share with the regulated dealer, the following information in respect of the customers of those branches and subsidiaries:
where the customer is an individual — the information obtained from performing the customer due diligence measures prescribed in regulation 5;
where the customer is an entity or legal arrangement — the information obtained from performing the customer due diligence measures prescribed in regulation 6;
where the regulated dealer’s branches or subsidiaries have performed enhanced customer due diligence measures prescribed in regulation 7(4) in relation to the customer — the information obtained from performing those enhanced customer due diligence measures;
each designated transaction entered into with the customer;
where those branches or subsidiaries open or maintain an account for a customer — the information in relation to that account;
any information and any analysis of any transaction entered into with the customer that appears unusual;
except where sub‑paragraph (a)(ii) applies, must require the regulated dealer to share with the regulated dealer’s branches and subsidiaries, the following information in respect of the regulated dealer’s customers:
where a customer is an individual — the information obtained from performing the customer due diligence measures prescribed in regulation 5;
where the customer is an entity or legal arrangement — the information obtained from performing the customer due diligence measures prescribed in regulation 6;
where the regulated dealer has performed enhanced customer due diligence measures prescribed in regulation 7(4) in relation to a customer — the information obtained from performing those enhanced customer due diligence measures;
each designated transaction entered into with the customer;
where the regulated dealer opens or maintains an account for a customer — the information in relation to that account;
any information and any analysis of any transaction entered into with the customer that appears unusual; and
may only apply to the extent permitted by the law of the foreign country or territory that the regulated dealer’s branch or subsidiary (as the case may be) is in.
Subregulation 5
Where the regulated dealer has a branch or subsidiary in a foreign country or territory that has laws for the prevention of money laundering, terrorism financing or proliferation financing that differ from those of Singapore —
the regulated dealer must require the management of that branch or subsidiary to apply the more stringent of the laws, to the extent that the law of the foreign country or territory permits; and
where the management of that branch or subsidiary is unable to fully apply the more stringent law, the regulated dealer must report this to the Registrar and must, instead of sub‑paragraph (a) —
perform such additional measures as are appropriate to managing the risk of money laundering, terrorism financing and proliferation financing; and
comply with any directions that may be given by the Registrar.
Subregulation 6
In this regulation, “subsidiary”, in relation to a regulated dealer that is a company, has the meaning given by section 5 of the Companies Act 1967.