Know Your Customer (KYC) and Customer Due Diligence (CDD)
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- When is customer due diligence (CDD) required?
- What does customer due diligence involve?
- When must customer due diligence be completed?
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CDD triggers
- What is the CDD threshold for an occasional transaction?
- €15,000 — whether in one payment or several linked payments.
- What are the CDD thresholds for transfers of funds, crypto-asset services and gambling, and what is the cash limit for goods and services?
- Transfer of funds: above €1,000; crypto-asset services: €1,000 or more; gambling: €2,000 or more. Exam material: traders in goods apply CDD to cash deals of €10,000 or more. Since 31 December 2024: that trigger is gone, and cash payments above €10,000 for goods or services, single or linked, are banned.
- What overrides every CDD threshold?
- Suspicion of ML or TF — the amount becomes irrelevant and CDD must be applied.
CDD measures
- What are the four CDD measures?
- Identify and verify the customer; identify and verify the beneficial owner; understand the purpose/intended nature of the relationship; conduct ongoing monitoring.
Verification
- What kind of source must identity verification rely on?
- A reliable and independent source — not simply the customer's own word.
Beneficial owner
- What must a firm do to identify the beneficial owner of a company?
- Take reasonable steps to understand the ownership and control structure of the customer.
Timing
- When must verification normally take place?
- Before establishing the business relationship or carrying out the transaction, with only narrow risk-limited exceptions.
Documents
- How current must address evidence be, and can one document prove both identity and address?
- Address evidence must be no more than six months old, and the same document cannot be used to verify both identity and address.
PEPs
- What extra measures apply to a PEP relationship?
- Senior management approval, establishing source of wealth and source of funds, and enhanced ongoing monitoring.
- How long does PEP treatment continue after leaving office, and to whom else does it extend?
- At least 12 months (risk-sensitive), and it extends to the PEP's immediate family members and close associates.
Correspondent banking
- What must a firm do before entering a correspondent banking relationship?
- Assess the respondent institution's AML/CFT controls and obtain senior management approval; dealing with shell banks is prohibited. Exam material: this covers cross-border relationships involving payments with third-country respondents. Since 20 October 2023: EEA respondents too.
Third-party reliance
- Where does responsibility sit when a firm relies on a third party for CDD?
- It remains with the Obliged Entity that relies on the third party — you can outsource the work but not the accountability.
EDD
- Is EDD ever a substitute for regular CDD?
- No — it must be applied in addition to, and cannot be substituted for, regular CDD.
Beneficial ownership register
- What is the standard for beneficial-ownership information, and can firms rely on the register alone?
- It must be adequate, accurate and current; firms must not rely exclusively on the register and must still apply a risk-based approach.
Prohibitions
- What kinds of accounts are flatly prohibited?
- Anonymous accounts or accounts in names other than those in official identity documents.
SDD
- What conditions unlock simplified due diligence?
- Genuinely lower risk combined with the absence of any suspicion of ML/TF.
Failed CDD
- What must a firm do if it cannot complete CDD?
- Not carry out the transaction or establish the relationship, terminate any existing one, and consider filing a suspicious transaction report.
Monitoring
- Why must a firm build an economic profile of the customer?
- It provides a baseline of expected activity against which unusual or suspicious transactions can be identified.