Financial Intelligence Unit India


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Uploaded on May 4, 2020

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Financial Intelligence Unit India

AN OVERVIEW OF FIU - IND Financial Intelligence Unit – India (FIU-IND) was set by the Government of India vide O.M. dated 18th November 2004 as the central national agency responsible for receiving, processing, analyzing and disseminating information relating to suspect financial transactions. FIU- IND is also responsible for coordinating and strengthening efforts of national and international intelligence, investigation and enforcement agencies in pursuing the global efforts against money laundering and financing of terrorism. FIU-IND is an independent body reporting directly to the Economic Intelligence Council (EIC) headed by the Finance Minister. ORGANIZATIONAL STRUCTURE Constitution of FIU The FIU – IND is a multidisciplinary body with a sanctioned strength of 74 members from various government departments. The members are inducted from organizations including Central Board of Direct Taxes (CBDT), Central Board of Excise and Customs (CBEC), Reserve Bank of India (RBI), Securities Exchange Board of India (SEBI), Department of Legal Affairs and Intelligence agencies. ObjectiveS OF FIU - IND The (Prevention of Money - Laundering Act, 2002) PML Act seeks to combat money laundering in India and has three main objectives: • To prevent and control money laundering • To confiscate and seize the property obtained from the laundered money; and • To deal with any other issue connected with money laundering in India. • The Act also proposes punishment under sec.4. FUNCTIONS OF FIU - IND The main function of FIU-IND is to receive cash/suspicious transaction reports, analyse them and, as appropriate, disseminate valuable financial information to intelligence/enforcement agencies and regulatory authorities . The functions of FIU-IND are: 1. Collection of Information: Act as the central reception point for receiving Cash Transaction reports (CTRs),Non-Profit Organisation Transaction Report(NTRs), Cross Border Wire Transfer Reports (CBWTRs), Reports on Purchase or Sale of Immovable Property (IPRs) and Suspicious Transaction Reports (STRs) from various reporting entities. 2. Analysis of Information: Analyze received information in order to uncover patterns of transactions suggesting suspicion of money laundering and related crimes. 3. Sharing of Information:Share information with national intelligence/law enforcement agencies, national regulatory authorities and foreign Financial Intelligence Units. 4. Act as Central Repository:Establish and maintain national data base on the basis of reports received from reporting entities. 5. Coordination:Coordinate and strengthen collection and sharing of financial intelligence through an effective national, regional and global network to combat money laundering and related crimes. 6. Research and Analysis:Monitor and identify strategic key areas on money laundering trends, typologies and developments. REGISTRATION OF FIU - IND Section 12 of PMLA, 2002 and rules thereunder require every reporting entity to verify and maintain the records of the identity of all its clients including beneficial owners. For verification and maintenance of records of the identity of clients are prescribed under Rules 9 and 10 of PMLA Rules. Who are Reporting Entity? FIU-IND has identified following entity to be registered under FIU-IND and provide reporting of transaction to following entity. 1. Banking Company 2. Financial Institution 3. Intermediary 4. Chit Fund Company 5. Co-operative Bank 6. Housing Finance Institution 7. Non-Banking Financial Company Verification of identity On transaction of an amount equal to or exceeding Rs. 50,000/- whether conducted as a single transaction or several transactions that appear to be connected or any international money transfer operations Documents for Identity of Client Individual One certified copy of an officially valid document containing details of identity and address, One recent photograph and Such other documents including in respect of nature of business and financial status of the client as may be required by the reporting entity Company Certificate of Incorporation (COI)/MOA & AOA of Company Resolution from BOD and POA granted to its managers, officers or employees to transact on its behalf and Officially valid document in respect of managers, officers or employees holding an attorney to transact on its behalf. Partnership Firm • Registration Certificate • Partnership Deed • An officially valid document in respect of the person holding an attorney to transact on its behalf Documents for Identity of Client CONTD Trust Registration Certificate Trust Deed An officially valid document in respect of the person holding an attorney to transact on its behalf UIB/BOI Resolution of Managing body of such association or body of individuals POA granted to him to transact on its behalf An officially valid document in respect of the person holding an attorney to transact on its behalf Such information as may be required by reporting entity to collectively establish the legal existence of such association or Body of Individual (BOI) Suspicious Transaction means a transaction whether or not made in cash which, to a person acting in good faith- • Give rise to a reasonable ground of suspicion that it may involve the proceeds of crime; or • Appears to be made in circumstances of unusual or unjustified complexity; or • Appears to have no economic rationale or bonafide purpose (As per Definition is given u/s 2(g) of PMLA Rules, 2005) Maintenance of Records of Transaction Transaction to be a record of are:- 1. All cash transaction of the value more than Rs. 10 lakhs or its equivalent in foreign currency 2. All series of cash transaction integrally connected to each other which have been valued below Rs. 10 lakhs or its equivalent in foreign currency where such series of transaction have taken place within months 3. All transaction involving receipts by a non-profit organization of value more than Rs. 10 lakhs or its equivalent in foreign currency 4. All cash transaction where forged or counterfeit currency notes or bank notes have been used as genuine or where any forgery of valuable security or a document has taken place facilitating the transaction 5. Suspicious transaction whether in cash or not 6. All cross-border wire transfer of the value of more than Rs. 5 lakhs or its equivalent in foreign currency where either the origin or destination of fund is in India Records should contain following information 1. Nature of transaction 2. Amount of transaction and currency in which it was denominated 3. Date on which transaction was conducted and 4. Parties to the transaction 5. Over and above of regular maintenance of records of transaction. Such records to be maintained for a period of 10 years from the date of cessation of transaction as per Rule 6 of PMLA, 2005. Reports to be submitted There are 5 types of reporting format i.e. Cash Transaction Report (CTR), Suspicious Transaction Report (STR), Counterfeit Currency Report (CCR), Cross-Border Wire Transfer Report (CBWTR) and Report on sale/purchase of immovable property (IPR). Method of filing is electronic over secure gateway.: S. Report Description Due Date no 1 CTR Rs. 10 lakh or more 15th day of succeeding month 2 CCR Forged or Counterfeit currency 15th day of succeeding month 3 NTR All transaction involving receipts by 15th day of succeeding month NPO of value more than Rs. 10 lakhs or more 4 CBWTR Cross-Border Transfer Rs. 5 lakhs or 15th day of succeeding month more 5 IPR Sale purchase of Immovable property 15th day of the month succeeding the quarter value exceeding Rs. 50 lakh or more 6 STR All suspicious transaction whether or Not later than 7 working days on being satisfied that not made in cash the transaction is suspicious Registration of Reporting Entity It is most to know the registration is of two-person i.e. first entity itself and second is registration of principal officer. To register both the following things are required to do:- Go to http://finnet.gov.in/ and Click on new user on the login page. Click on register new reporting entity. Fill the basic details of reporting entity such as reporting entity name, category and details of user and submit the form. After that, the message displayed saying the details of reporting entity have been submitted to FIU-IND which provides a reporting entity registration request number. Click on registration request number to take print out and send a copy or hard copy to FIU. Scan copy should be emailed to [email protected]. Paper/hard copy may be posted to Director, FIU-India, 6th Floor, Hotel Samrat, New Delhi-110021. Envelope containing registration request should be superscripted as “New Registration Request. On approval, The FIUREID (unique identity number of an organization registered with FIU- IND) will be communicated to the email ID provided. The process to register the Principal Officer is as like registration of Reporting Entity but it will be enabled only after Entity registration on the FIU-IND portal. Both registration process is just to fill up the basic credentials of Reporting Entity and Principal Officer, no need to upload any documents. Checklist for Registration For Entity: • Registration Number granted by Regulator • Name of User, Contact Number (11 digits) & Email Id For Principal Officer: • Aadhar Card of Principal Officer • Telephone Number of Officer is mandatory • Mobile No. & Email Id (Preferably organization email-id) THANK YOU