- Introduction
To assist government and law enforcement agencies in detecting, preventing and eradicating money laundering and terrorist financing activity, Vilakazeum Pty Ltd, and its affiliates (collectively referred to as “Vilakazeum Pty Ltd”) are required to comply with the Code of the Prevention of Anti-Money Laundering and Combating of Financing of Terrorism issued by the Financial Intelligence Centre Act 38 of 2001 of South Africa and the regulations thereto. Vilakazeum Pty Ltd has a duty to evaluate all financial transactions and take all necessary steps to comply with such legislation and may be required to comply with other anti-money laundering (“AML”) obligations imposed by international AML legislation, before taking any monetary value funds on behalf of clients. - Purpose
The purpose of this policy is to enhance Vilakazeum Pty Ltd compliance with AML laws and regulations, to assist law enforcement agencies in combating money laundering, terrorist financing and other illicit activities and to minimise the risk of Vilakazeum Pty Ltd Paymaster being used for improper or illegal purposes. - Scope
To establish effective controls within Vilakazeum Pty Ltd to ensure that each company restrains itself from being used as a vehicle for money laundering. This is done by implementing a risk-based approach by conducting adequate due diligence on new and existing clients with sound KYC (KNOW YOUR CLIENT) checks, continuous training of all relevant staff members and good prevention, detection, monitoring and reporting procedures to safeguard the company from the dangers of money laundering. - Implementation
4.1 The following controls are implemented to achieve the objectives of this policy:
strict adherence to KYC norms and checks and verification procedures and regulations;
4.2 Reporting of suspicious transactions, both internally to the Money Laundering Reporting Officer (“MLRO”)/or Deputy Money Laundering Reporting Officer (“DMLRO”), and if necessary to the relevant authorities for investigation;
4.3 Adequate procedures, systems and other arrangements for effective prevention, detection, monitoring and reporting of suspicious transactions to enable staff to identify and deal appropriately, and on a timely basis, with applicable requirements on AML;
4.4 Scanning of the regulatory environment for updates of changes in national and international AML legislation;
ensuring staff awareness of updates on compliance issues, processes and methodology through regular training; and
4.5 Development of AML compliance tools to assist management to mitigate/minimize the AML compliance risk. - Appointment & Function of MLRO/DMLRO
5.1 The Board shall appoint an MLRO and DMLRO with sufficient senior status and the relevant qualifications, skill, experience, competence and knowledge to carry out the duties expected of them and whom have adequate authority and independence to be able to discharge the reporting obligations effectively as required under applicable AML laws.
5.2 The MLRO (and in his/her absence the DMLRO) shall perform the following functions:
5.2.1 Receive reports to be considered in light of all relevant information, for the purpose of determining whether or not the information or other matter contained in the report does give rise to a “suspicious transaction”, as required by applicable law;
5.2.2 report in such form as may be prescribed by law, any transaction that he or she believes to be a suspicious transaction to the relevant authority/ies in the jurisdiction;
5.2.3 devising and implementing programmes for assessing risk relating to money laundering and financing of terrorism;
5.2.4 setting up a monitoring programme in relation to complex, unusual or large transactions of Vilakazeum Pty Ltd;
5.2.5 creating enhanced due diligence procedures with respect to persons and business relations and transactions carrying high risk and with persons established in jurisdictions that do not have adequate systems in place against money laundering and financing of terrorism;
5.2.6 providing training, from time to time, in the recognition and handling of suspicious transactions; and
5.2.7 making employees of Vilakazeum Pty Ltd aware of the procedures to be followed under all applicable laws and those contained in this policy;
5.2.8 establishing and maintaining a manual of compliance procedures in relation to anti- money laundering; and
5.2.9 carrying out any other such duties and responsibilities which are or may be prescribed by law in relation to the MLRO‟s function in respect of Vilakazeum Pty Ltd. - KYC Checks
6.1 Vilakazeum Pty Ltd are required to identify and verify the identity and understand the nature of the business of all its clients. Therefore, as per this policy no new monetary funds is to be approved and made unless the client furnishes all documents in accordance with the document check list tabled in part 7 below. Investors must attach all the required documentation to their completed application form.
6.2 The following persons/entities are exempted from providing this documentation:
6.2.1 if listed on a recognized securities exchange (e.g. JSE) as KYC information can be obtained from the latest annual report/financial statements of the Company and does not need to be verified. A screen print from the Official Recognised Stock Exchange website for the listed company should be kept on file; or
6.2.2 if an approved Pension, Provident or Retirement Annuity Fund.
6.3 Vilakazeum Pty Ltd, however, reserves the right to request the supporting documentation for the above-mentioned exempted persons where it deems necessary.
6.4 Vilakazeum Pty Ltd will only transfer funds once all the supporting documentation listed below has been supplied.
6.5 All KYC documents should either be sighted in original (where possible) or be a clear and legible photocopy of the original document duly certified as a true copy by a professional person (e.g. lawyer or accountant) who clearly adds to the copy (by means of stamp or otherwise) his name, address and profession to aid tracing the certifier if necessary.
7. Client Types
7.1 Individuals
7.1.1 South-African Resident
| Identification Information | Acceptable Evidence | Recorded Verification |
|---|---|---|
| Full Name, Date and Place of Birth, Nationality, Occupation | National identity document A passport or driver’s license will only be accepted with a written reason for the unavailability of the ID document number | Containing a recent photo, full names, date of birth and identity |
| Permanent Residential Address | Utility bill Fixed telephone line account Bank statement or bank reference Municipal rates and tax invoice | Less than 3 month’s old (at date of this application) containing residential address in the name of the applicant or proof of relationship with the named individual must be provided (e.g. marriage certificate, birth certificate, lease agreement) |
| Identification Information | Acceptable Evidence | Recorded Verification |
|---|---|---|
| Full Name | Passport | Containing a recent photo, full names, date of birth and identity number |
| Permanent Residential Address | Utility bill Fixed telephone line account Bank statement or bank reference Municipal rates and tax invoice | Less than 3 month’s old (at date of this application) containing full residential address and in the name of the applicant or proof of relationship with the named individual must be established (e.g. supported by a marriage certificate, birth certificate, lease agreement) |
7.2 Legal Incapacity/Third party representing another individual.
7.2.1 Document(s) set out above in respect of both parties.
7.2.2 Proof of authority to act on behalf of the individual (e.g. power of attorney, mandate, resolution, court order).
7.3 Entities
7.3.1 South Africa
| Identification Information | Acceptable Evidence | Recorded Verification |
|---|---|---|
| Registered and Trading Name of the Company or Incorporation or Registration number Date and Country of Incorporation or Registration. | Certificate of Incorporation and any Change of Name; Notice of Registered Office and Postal Address. (Cor 14.3 in South-Africa) | Official documents should contain the Registrar’s stamp and signed by the Company Secretary (where required). Checking with the relevant company’s registry that the company continues to exist. |
| Founding documents | Constitution or Memorandum of Articles of Association (if any) | – |
| Registered Address | Utility bill Fixed line telephone account Bank statement Municipality rates and tax invoice | Less than 3 months old (at date of this application) containing trade name and business address |
| Identity and verify underlying principles of the Company | Register of Directors Register of Shareholders Copy of documents set out above for individuals | Includes Directors / Authorised Signatories / Shareholders / Beneficial Owners holding more than 25% of the voting rights at a general meeting |
| Proof of authority to act for close corporation<br | > E.g. Members Resolution | – |
| Identification Information | Acceptable Evidence | Recorded Verification |
|---|---|---|
| Registered and Trading Name of the Company or Incorporation or Registration number Date and Country of Incorporation or Registration. | Certificate of Incorporation and any Change of Name; Notice of Registered Office and Postal Address. (Cor 14.3 in South-Africa) | Official documents should contain the Registrar’s stamp and signed by the Company Secretary (where required). Checking with the relevant company’s registry that the company continues to exist. |
| Founding documents | Constitution or Memorandum of Articles of Association (if any) | – |
| Registered Address | Utility bill Fixed line telephone account Bank statement Municipality rates and tax invoice | Less than 3 months old (at date of this application) containing trade name and business address |
| Identity and verify underlying principles of the Company | Register of Directors Register of Shareholders Copy of documents set out above for individuals | Includes Directors / Authorised Signatories / Shareholders / Beneficial Owners holding more than 25% of the voting rights at a general meeting |
| Proof of authority to act for close corporation | E.g. Members Resolution | – |
| Identification Information | Acceptable Evidence | Recorded Verification |
|---|---|---|
| Entity. | The constitution or other founding document in terms of which legal person is created | |
| Identity of all authorised signatories | Documents as required for individuals above | – |
| Proof of authority to act for legal person | As appropriate |
| Identification Information | Acceptable Evidence | Recorded Verification |
|---|---|---|
| Creation of the Partnership | Partnership Agreement / Deed Copy of the latest report and accounts | Verification of the nature of the business of the partnership to ensure that it is legitimate |
| Identity of all partners / all authorised signatories / persons exercising executive control | Documents as required for individuals above | – |
| Proof of authority to act for partnership | Documents as required for individuals above |
| Identification Information | Acceptable Evidence | Recorded Verification |
|---|---|---|
| Entity. | -Act of the Society -A certificate of good standing or equivalent document from the foreign competent authority | |
| Controlling Members and Authorised Signatories | Documents as required for individuals above | – |
8 Risk Assessment and Controls
8.1 Vilakazeum Pty Ltd is required to develop clear customer acceptance policies and procedures, including a description of the types of customer that are likely to pose a higher-than-average risk to the company.
8.2 The default level at which KYC must be undertaken on an individual/entity therefore differs according to whether the account is classified as standard or high risk.
8.3 To assist in this risk assessment, employees must –
8.3.1 Obtain information on the purpose and intended nature of the business relationship with Vilakazeum Pty Ltd;
8.3.2 Take reasonable measures to understand the ownership and control structure of the applicant for business where an applicant is a legal person;
8.3.3 Understand the customer’s source of funds/property and the customer’s source of wealth;
8.3.4 Screen customers against any relevant official sanction lists, black lists, etc.
8.3.5 Classify the different types of clients into standard or high risk depending on the following factors, albeit not limited thereto:
8.3.5.1 The geographic location of the applicant for business e.g. if a country is perceived to represent a high risk, or is an unregulated entity in any jurisdiction;
8.3.5.2 if the customer is a Politically Exposed Person (“PEP”) or associated with one;
8.3.5.3 the business activity undertaken by the customer, especially details relating to situations where they operate in an industry where activity is politically, socially, or culturally sensitive e.g. armaments, gambling, pornography;
8.3.5.4 the complexity of the business, including its processes and operations, as well as the volume and size of transactions;
8.3.5.5 the way the entity is structured/controlled;
8.3.5.6 principle trading counterparties;
8.3.5.7 principle trading locations – including any that are subject to some form of sanctions and/or are considered to be high risk; and
8.3.5.8 delivery channels, particularly non-face-to-face.
8.3.6 review, at least annually, all high-risk relationships to ensure that the risk continues to remain acceptable;
8.3.7 ensure that all documents, data or information collected under the KYC checks process are kept relevant and up-to-date by undertaking reviews of existing records, particularly for higher risk categories of customers or business relationships;
8.3.8 conduct-on-going due diligence on the business relationship and scrutiny of transactions throughout the course of the business relationship to ensure that the transactions in which the customer is engaged are consistent with Vilakazeum Pty Ltd knowledge of the customer and his business and risk profile (including the source of funds). The following triggers may indicate the need to conduct KYC checks on existing customers:
8.3.8.1 a transaction of significant amount takes place,
8.3.8.2 Customer documentation standards change substantially,
8.3.8.3 there is a material change in the way the account is operated,
8.3.8.4 Vilakazeum Pty Ltd becomes aware that it lacks sufficient KYC information about an existing customer.
8.4 Vilakazeum Pty Ltd is responsible for ensuring that risk-based controls are in place, including procedures and controls that are:
reasonably designed to deter, detect and report known or suspected money laundering and terrorist financing; and
consistent with the Policy.
The controls must be comprehensive and proportionate to the nature and scale of the business activities.
9 Enhanced Due Diligence
9.1 Vilakazeum Pty Ltd is required to apply enhanced due diligence procedures with respect to persons and business relations and transactions carrying high risk and with persons established in jurisdictions that do not have adequate systems in place against money laundering and the financing of terrorism.
9.2 Political exposure does not equate to bribery and corruption but may heighten the risk of it. Vilakazeum Pty Ltd should attempt to check the PEP status of its clients against publicly available information.
9.3 In some cases, the enhanced due diligence may lead to the conclusion that the customer does not ultimately pose a high risk to the business, i.e. enhanced due diligence may not lead directly to the ultimate high risk categorization of a customer.
10 Restricted Relationships
10.1 Some factors in conducting the risk assessment (referred to in part 8.3.5 above) will result in Vilakazeum Pty Ltd needing to decline the business altogether as the risk is deemed unacceptable.
10.2 Vilakazeum Pty Ltd is prohibited from opening anonymous or fictitious accounts. In this context, Vilakazeum Pty Ltd should not set up and maintain anonymous accounts or accounts which the Licensee knows or has reasonable cause to suspect, are in fictitious names.
11. Independent Testing
Vilakazeum Pty Ltd shall arrange for independent internal checks to verify compliance (including sample testing) with the policy and all procedures and controls implemented in relation thereto. The results of which shall be reported to senior management and/or the Board.
12. Training and Awareness
12.1 Vilakazeum Pty Ltd is required to implement an ongoing training program for all employees to discharge part of its statutory duty to take reasonable measures to combat money laundering and ensure that employees are kept abreast of relevant technological developments and identified methodologies in money laundering and terrorist financing schemes.
12.2 The MLRO will be responsible for preparing and delivering training, at a minimum on an annual basis, to all relevant employees, and conduct awareness activities to ensure that staff are aware of the legal requirements and any new developments, including information on current money laundering and financing of terrorism techniques, methods and trends as well as Vilakazeum Pty Ltd policies and procedures in place to prevent money laundering and the financing of terrorism.
12.3 “Relevant employees” include:
12.3.1 Employees dealing with customers
12.3.2 Transaction-processing employees; and
12.3.3 Senior Management
13 Reporting of Suspicious Transaction
13.1 Employees must report to the MLRO/DMLOR any activity or transaction where there is knowledge or suspicion, or where there are reasonable grounds for knowing or suspecting that a client or other person is engaged in money laundering or terrorist financing when this information comes to them within the course of business.
13.2 All reports must be handled in strict confidence. Employees must not make any unauthorized disclosure of such reports.
13.3 Employees should consider the risk of tipping off when performing the KYC checks process.
14. Compliance With This Policy
14.1 This policy applies to all Royal Refinery affiliates and subsidiaries and all of their employees, agency workers, consultants and contractors, irrespective of their location, function or position who shall be responsible for complying with all provisions contained herein.
14.2 Unless specifically required, this policy does not apply to employees of third parties.
14.3 Where an employee relies on a third party for compliance with this Policy or additional applicable AML compliance requirements, the MLRO of Vilakazeum Pty Ltd must ensure that such reliance is:
14.3.1 permissible under applicable law;
14.3.2 consistent with this policy; and
14.3.3 reasonable under the circumstances Vilakazeum Pty Ltd will remain ultimately responsible for compliance with applicable law and this policy.
14.4 In the event that the requirements of this policy cannot be met, the employee shall either make a dispensation request, a waiver request or a breach notification to the MLRO or to the DMLRO in the absence of the MLRO. Such request shall be accompanied by a remedial action plan to ensure conformance with this policy. The MLRO shall make recommendations to management as to what action should be taken and shall monitor compliance until the risk has been mitigated or dealt with effectively.
15 Consequences of Non-Compliance
15.1 For Vilakazeum Pty Ltd:
Failure to comply with AML requirements (as set out in this policy and in applicable legislation) can expose Vilakazeum Pty Ltd to regulatory sanctions including civil and criminal liability, fines, public censure, limitation on business, loss of reputation and other serious consequences such as revoking our licence.
15.2 For Employees:
Failure to comply with AML requirements can result in personal liability such as fines and imprisonment. Employees who fail to comply with this policy may be subject to disciplinary action up to and including dismissal.
15.3 Where an employee has difficulty in complying with any aspect of this policy or any AML requirements, they should seek guidance from the MLRO, who may deem it necessary to consult the FSC or other regulator as appropriate.
16. Record Retention
Vilakazeum Pty Ltd is required to retain records required by this Policy for a period of 7(seven) years or longer if required by local law or regulations from the date that the customer relationship ends.
17. Policy Review and Approval
This Policy is subject to periodic review (at least annually) and revision. The MLRO in consultation with management and/or upon recommendations of the Board and subject to the approval of the Board may make changes to this policy.