| (1) |
When a reporter makes a terrorist financing activity report, the report must contain full particulars of— |
| (a) |
the name of the natural or legal person making the report or entity on whose behalf the report is made; |
| (b) |
the identifying particulars of the person or entity on whose behalf the report is made including a registration or license number; |
| (c) |
the contact address of the person or entity on whose behalf the report is made; |
| (d) |
the type of business or economic sector of the entity on whose behalf the report is made; |
| (e) |
in the case of a natural person who is making the report, the person's surname, first name, date of birth and contact particulars; |
| (f) |
in the case of a legal person or an entity making the report, the surname, first name, date of birth and contact particulars of a contact person who may be contacted in relation to the report; and |
| (g) |
if the person mentioned in paragraph (e) or (f) is— |
| (i) |
a South African citizen or resident, the identifying particulars of that person and the source of identifying information from which the particulars were obtained; or |
| (ii) |
not a South African citizen or resident, the identifying particulars of that contact person and the of identifying information from which the particulars referred to were obtained and the issuing country thereof. |
| (2) |
In respect of the activity concerning which a terrorist financing activity report is made, the report must contain as much of the following information as is readily available— |
| (a) |
the location where the activity took place; |
| (b) |
the date on which the activity took place; |
| (c) |
a description of how the activity was conducted; |
| (d) |
if the activity involved property comprising money, the amount in local currency; |
| (e) |
if the activity involved property other than money, a description of the type of property, all identifying characteristics of the property and the estimated value of the property; |
| (f) |
if the property involved in the activity were disposed of— |
| (i) |
the manner in which it was disposed of; |
| (ii) |
the amount of the disposition, in the case of property comprising money; |
| (iii) |
the currency of the disposition, in the case of property comprising money; |
| (iv) |
the value for which the property was disposed of, in the case of property other than money; and |
| (v) |
the currency used in the disposition, in the case of property other than money; |
| (g) |
if another institution or person was involved in the activity— |
| (i) |
the name of the other institution or person; and |
| (ii) |
the number of any account at the other institution involved in the activity; |
| (h) |
the name and identifying particulars of the branch or office where the activity was conducted; and |
| (i) |
any remarks, comments, reasons or explanations which the person conducting the activity may have made or given. |
| (3) |
If any account held at the reporter was involved in the activity concerning which a terrorist financing activity report is made, then the report must contain as much of the following information as is readily available in respect of each such account— |
| (b) |
the name and identifying particulars of the branch or office where each account is held; |
| (d) |
the currency in which this account is denominated; |
| (e) |
the date on which the account was opened; |
| (f) |
the balance in the account on the date on which the report is made; |
| (g) |
the status of the account immediately before the reported activity was carried out; |
| (h) |
if the account was closed the date on which the account was closed; and |
| (i) |
in respect of each signatory on the account— |
| (i) |
the person's title, gender, names and surname; |
| (ii) |
the person's identifying number, nationality and date of birth; |
| (iii) |
the source of identifying information from which the particulars referred to in subparagraphs (i) and (ii) were obtained; |
| (iv) |
the person's alias, if any; |
| (v) |
the person's contact address in the Republic; |
| (vi) |
the person's country of residence; |
| (vii) |
if the person's country of residence is other than the Republic, the person's contact address in the country of residence; |
| (viii) |
the person's contact number; |
| (ix) |
the person's occupation; |
| (x) |
the source of funds of the person; |
| (xi) |
the person's income tax number; |
| (xii) |
the person's employer's name, contact address and contact particulars; and |
| (xiii) |
the role of such signatory. |
| (4) |
In respect of each holder of each account referred to in subregulation (3), the report must contain— |
| (a) |
in the case of a natural person— |
| (aa) |
the person's names and surname; |
| (bb) |
the person's identifying number and date of birth; and |
| (ii) |
as much of the following information as is readily available— |
| (aa) |
the person's title and gender; |
| (bb) |
the person's alias, if any; |
| (cc) |
the person's contact address in the Republic; |
| (dd) |
the person's country of residence; |
| (ee) |
if the person's country of residence is other than the Republic, the person's contact address in the country of residence; |
| (ff) |
the person's contact number; |
| (gg) |
the person's occupation; |
| (hh) |
the person's source of funds; |
| (ii) |
the person's income tax number; and |
| (jj) |
the person's employer's name; contact address and contact particulars; and |
| (kk) |
the source of identifying information from which the particulars referred to in subparagraphs (a)(i)(aa) an (a)(i)(bb) were obtained and the issuing country; or |
| (b) |
in the case of a legal person or other entity— |
| (aa) |
the person's or entity's name; and |
| (bb) |
the person's or entity's identifying number, if it has such a number; and |
| (ii) |
as much of the following information as is readily available— |
| (aa) |
the person's or entity's contact address in the Republic; |
| (bb) |
the type of business conducted by the person or entity; |
| (cc) |
the person's or entity's country of incorporation or origin; |
| (dd) |
if the country of incorporation or origin is other than the Republic, the person's or entity's contact address in the country of incorporation or origin; and |
| (ee) |
in the case of a company, the information referred to in paragraph (a)(i) and (ii), in respect of at least one director of that company and the role of such person in that company; |
| (ff) |
if the person or entity has been closed, the date on which it was closed; and |
| (gg) |
the tax number of the person or entity. |
| (5) |
In respect of each client of the reporter concerning whom a terrorist financing activity report is made, the report must contain— |
| (a) |
in the case of a natural person— |
| (aa) |
the person's names and surname; |
| (bb) |
the person's identifying number and date of birth; and |
| (ii) |
as much of the following information as is readily available— |
| (aa) |
the person's title and gender; |
| (bb) |
the person's alias, if any; |
| (cc) |
the person's country of residence; |
| (dd) |
if the person's country of residence is the Republic, the person's contact address in the Republic; |
| (ee) |
if the person's country of residence is other than the Republic, the person's contact address in the country of residence; |
| (ff) |
the person's contact number; |
| (gg) |
the person's occupation; |
| (hh) |
the person's source of funds; |
| (ii) |
the person's income tax number; |
| (jj) |
the person's employer's name, contact address and contact particulars; and |
| (kk) |
the source of identifying information from which the particulars referred to in subparagraph (a)(i)(aa) and (a)(i)(bb) were obtained; or |
| (b) |
in the case of a legal person or other entity— |
| (aa) |
the person's or entity's name; and |
| (bb) |
the person's or entity's identifying number, if it has such a number; and |
| (ii) |
as much of the following information as is readily available— |
| (aa) |
the person's or entity's contact address in the Republic; |
| (bb) |
the type of business conducted by the person or entity; |
| (cc) |
the person's or entity's country of incorporation or origin; |
| (dd) |
if the country of incorporation or origin is other than the Republic, the person or entity's contact address in the country of incorporation or origin; and |
| (ee) |
in the case of a company, the information referred to in paragraph (a)(i) and (ii), in respect of at least one director of that company and the role of such person in that company; |
| (ff) |
if the person or entity has been closed, the date when it was closed; and |
| (gg) |
the tax number of the person or entity. |
| (6) |
in respect of a natural person conducting an activity concerning which a terrorist financing activity report is made, on behalf of another natural person or a legal person or other entity, the report must contain as much of the following information as is readily available— |
| (a) |
the person's title, gender, names and surname; |
| (b) |
the person's identifying number, nationality and date of birth; |
| (c) |
the source of identifying information from which the particulars referred to in subparagraphs (a) and (b) were obtained; |
| (d) |
the person's alias, if any; |
| (e) |
the person's contact address in the Republic; |
| (f) |
the person's country of residence; |
| (g) |
if the person's country of residence is other than the Republic, the person's contact address in the country of residence; |
| (h) |
the person's contact number; |
| (i) |
the person's occupation; |
| (j) |
the person's source of funds; |
| (k) |
the person's income tax number; and |
| (l) |
the person's employer's name, contact address and contact particulars. |
| (7) |
A terrorist financing activity report must— |
| (a) |
contain a full description of the activity which is the subject of the terrorist financing activity report, including the reason why it is deemed to be suspicious or unusual as contemplated in section 29; |
| (b) |
indicate what action the natural or legal person making the report, or other entity on whose behalf the report is made, has taken in connection with the activity concerning which the report is made; |
| (c) |
contain an indicator or indicators in respect of the circumstances that gave rise to the submission of the report; and |
| (d) |
contain the reference numbers allocated by the Centre and the reporter to any previous reports made. |
[Regulation 23C inserted by regulation 12 of Notice No. R. 1062 of 2017]
Intellectual Property Rights from Publicly Financed Research and
