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Financial Intelligence Centre Act, 2001 (Act No. 38 of 2001)

Regulations

Money Laundering Control Regulations

Exemptions

Part 1 : General Exemptions

 

(2) Timing of verification

 

Every accountable institution may by, way of exemption from section 21 of the Act, accept a mandate from a prospective client to establish a business relationship or to conclude a single transaction, or take any similar preparatory steps with a view to establishing a business relationship or concluding a single transaction, before the accountable institution verified the identity of that prospective client in accordance with section 21 of the Act, subject to the condition that the accountable institution will have completed all steps which are necessary in order to verify the identity of that client in accordance with section 21 of the Act before the institution—

(a) concludes a transaction in the course of the resultant business relationship, or
(b) performs any act to give effect to the resultant single transaction.

 

(3) Exemption from Parts 1, 2 and 4 of Chapter 3 of Act 38 of 2001

 

Every natural person who performs the functions of an accountable institution referred to in Schedule 1 to the Act in a partnership with another natural person, or in a company or close corporation is exempted from the provisions of Parts 1, 2 and 4 of Chapter 3 of the Act subject to the condition that those provisions are complied with by another person employed by the partnership, company or close corporation in which he or she practices.

 

(4) Exemption from section 21 and 22 of the Act 38 of 2001

 

Every accountable institution is exempted from compliance with the provisions of section 21 and 22(1)(a), 22(1)(b), 22(1)(c), 22(1)(d), 22(1)(e), 22(1)(h) and 22(1)(i) of the Act, in respect of a business relationship or single transaction which is established or concluded with that institution (the second accountable institution) by another accountable institution (the primary accountable institution) acting on behalf of a client of that primary accountable institution, subject to the condition that the primary accountable institution confirms in writing to the satisfaction of the second accountable institution that—

(a) it has established and verified the identity of the client in accordance with section 21 of the Act, or
(b) in terms of its internal rules and the procedures ordinarily applied in the course of establishing business relationships or concluding single transactions the primary accountable institution will have established and verified, in accordance with section 21 of the Act, the identity of every client on whose behalf it will be establishing business relationships or conducting concluding single transactions with the second accountable institution.

 

(5) Exemption from verification obligations under section 21 of the Act

 

Every accountable institution is exempted from compliance with the provisions of section 21 of the Act which require the verification of the identity of a client of that institution if –

(a) that client is situated in a country where, to the satisfaction of the relevant supervisory body, anti-money laundering regulation and supervision of compliance with such anti-money laundering regulation, which is equivalent to that which applies to the accountable institution is in force,
(b) a person or institution in that country, which is subject to the anti-money laundering regulation referred to in paragraph (a) confirms in writing to the satisfaction of the accountable institution that the person or institution has verified the particulars concerning that client which the accountable institution had obtained in accordance with section 21 of the Act, and
(c) the person or institution referred to in paragraph (b) undertakes to forward all documents obtained in the course of verifying such particulars to the accountable institution.

 

(6) Exemption from regulations made under Act 38 of 2001

 

(1) Every accountable institution is exempted from compliance with regulation 7(c), 7(d), 7(f), 7(g), 7(h), 7(i), 7(j), 8, 9(c), 9(d), 9(e), 9(f), 9(g), 9 (h), 9(i), 9(j), 9(k) and 10 of the Regulations, and of section 22(1)(a), 22(1)(b), 22(1)(c), 22(1)(d), 22(1)(e), 22(1)(h) and 22(1)(i) of the Act concerning the particulars referred to in those regulations, in respect of a business relationship established or single transaction concluded with a public company the securities of which are listed on a stock exchange recognised for this purpose and listed in the Schedule to these exemptions.

 

(2) Every accountable institution is exempted from compliance with regulation 3(1)(d), 4(2), 5(1)(e), 6(2), 7(h), 8(d), 9(h), 10(c), 11(d), 12(b), 15 (c) and 16(b) of the Regulations, and of section 22(1)(a), 22(1)(b), 22(1)(c), 22(1)(d), 22(1)(e), 22(1)(h) and 22(1)(i) of the Act concerning the particulars referred to in those regulations.