Financial Services

MAS consults on new rules to tackle money laundering and the financing of terrorism

Published on 22nd Jul 2019

On 6 June 2019, the Monetary Authority of Singapore (MAS) issued "Consultation Paper on the Proposed Payment Services Notices on Prevention of Money Laundering and Countering the Financing of Terrorism". The Consultation Paper relates to Notices which MAS intends to issue regarding anti-money laundering and countering the financing of terrorism (AML/CTF) for payment services providers under the Payment Services Act.

The table below provides a bird's-eye view of some of the measures introduced by the Notices which may affect payment services providers.

Notice to Payment Service Providers (Specified Payment Services) on Prevention of Money Laundering and Countering the Financing of Terrorism
(“PS Notice 01“)
Notice to Payment Service Providers (Digital Payment Token Service) on Prevention of Money Laundering and Countering the Financing of Terrorism
(“PS Notice 02“)
What types of services are regulated? PS Notice 01 applies to licensees which carry out the following services:
  • Account issuance services;
  • Domestic money transfer services;
  • Cross-border money transfer services; and
  • Money-changing services.

PS Notice 02 applies to licensees which provide Digital Payment Token (DPT) services. MAS has taken the view that DPT services pose greater money-laundering/terrorism financing (ML/TF) risks. As such, DPT services should be regulated under a separate Notice.

PS Notice 02 continues to apply even where a licensee provides payment services other than DPT services. PS Notice 02 would cover the aspects relating to DPT services while PS Notice 01 will apply to those other services.

Description of AML/CFT Requirements Generally speaking, the AML/CTF requirements under the Notices would require licensees to:
  • Take steps to identify, assess and understand their ML/TF risks;
  • Implement protocols to effectively manage and mitigate the ML/TF risks which they have identified;
  • Evaluate and monitor their AML/CFT protocols; and
  • Perform enhanced measures where greater ML/TF risks are identified.
Other specific AML/CFT Requirements For money-changers, if there are suspicious transactions which may be related to or are the products of a deliberate restructuring of an otherwise single transaction into smaller transactions for the purpose of evading AML/CFT controls:
  • The licensee must treat the relevant payment transactions as a single transaction and aggregate their values for the purposes of considering whether customer due diligence ("CDD") measures should apply; and
  • The licensee must also file a suspicious transaction report where it knows or suspects that any property may be connected to a criminal activity.
PS Notice 02 will require licensees that facilitate the sending of DPTs to:
  • obtain and hold required and accurate originator information and required beneficiary information on DPT transfers;
  • submit that information to beneficiary DPT service providers and counterparts (if any); and
  • make the information available on request to appropriate authorities.

Licensees that are the recipients of DPT transfers will also be required to obtain and hold required originator information and beneficiary information and make these available on request to appropriate authorities.

Measures under the Notices Subject to certain conditions, licensees may engage third parties to perform certain CDD measures. These measures include:
  • identifying the customer;
  • identifying the beneficial owner; and
  • understanding and obtaining information on the purpose and intended nature of the business relationship.
DPT service providers may not rely on third parties at all.
Licensees will be required to collect certain customer-specific information, including at least the following:
  • full name;
  • unique identification number (eg NRIC or passport number);
  • residential address (or registered business address);
  • date of birth (or establishment, incorporation, or registration); and
  • nationality (or place of incorporation or place of registration).

DPT service providers will be required to collect the same customer-specific information under PS Notice 01.

For the purposes of DPT services, MAS has sought feedback on whether it should also require DPT service providers to obtain other customer-specific information including:

  • DPT sending/receiving addresses;
  • receipts/documentation on original purchase of cryptocurrency from an exchange or similar intermediary;
  • transaction details in relation to original purchase of DPTs;
  • reasons for purchase of DPTs; and
  • reasons for the current transaction.
Low risk Exemptions

Account issuance services, domestic money transfer services and cross-border money transfer services will be deemed as "low-risk" if they meet certain criteria.

If a particular payment service meets the low risk criteria, that payment service alone would be exempted from complying with AML/CFT measures relating to:

  • customer due diligence;
  • foreign currency exchange transactions;
  • issuance of bearer negotiable instruments and cash payouts;
  • agency arrangements; and
  • wire transfers.
There are no low risk exemptions for DPT services, and a DPT service provider is subject to all the AML/CFT requirements found in PS Notice 02.

Comment

The draft Notices give some indications about the precise scope of the Notices when they are issued. The table above is based on MAS’ proposals as at 6 June 2019 and could be changed.

Affected entities should be alert to the developments surrounding these Notices because non-compliance with these Notice (when they come into force) is an offence and may attract hefty fines.

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* This article is current as of the date of its publication and does not necessarily reflect the present state of the law or relevant regulation.

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