Page 32 - Insurance Times March 2023
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sub clause (g) of clause (1) of Rule
                              Need for AML Compliance
                                                                                     2  of  the  PML  Rules  and  any
                                                                                     guidelines / indicators issued by
                                                                                     IRDAI or FIU-IND. Government
                                                                                     of India has notified the Central
                                                                                     Registry of Securitisation Asset
                                                                                     Reconstruction  and  Security
                                                                                     Interest of India (CERSAI), to act
                                                                                     as, and to perform the functions
                                                                                     of  the  CKYCR  vide  Gazette
                                                                                     Notification dated November 26,
                                                                                     2015.

                                                                                     For the purposes of KYC norms
                                                                                     under clause 8, while insurers are
                                                                                     ultimately  responsible  for
                                                                                     customer  due  diligence  and
                                                                                     undertaking  enhanced  due
                                                                                     diligence   measures,   as
                                                                                     applicable, insurers may rely on
                                                                                     a  KYC  done  by  a  third  party
          Know Your Customer (KYC) Norms                      subject to the conditions -specified under sub-rule (2) of rule
                                                              (9) of the Rules. This announcement will also help ensure
          While implementing the KYC norms on juridical persons,
                                                              complete KYC for all retail insurance customers across India,
          insurers have to identify and verify their legal status through
                                                              understand them to serve them better, and ensure that
          various documents. Considering the potential threat of usage
                                                              insurance companies are  not subjected  to  any money
          of the insurance services by a money launderers, insurers
                                                              laundering activities.
          should make best efforts to determine the true identity of
          customer(s). Special care has to be exercised to ensure that
                                                              This announcement will help ensure complete KYC for all retail
          the contracts are not under anonymous or fictitious names.
          While implementing the KYC norms on juridical persons,  insurance customers across India. Earlier, KYC was mandatory
          insurers have to identify and verify their legal status through  only for those paying a single premium of Rs 50,000 and above.
          various documents (indicated, but not limited to, at sub-rule  Now, in case of every new customer relationship, KYC will be
          (6) to (9) of rule 9 of the PML Rules).             required.
                                                              Contracts  with  Politically  Exposed
          Where a client is an individual person, insurers shall verify the
          identity, address and recent photograph in order to comply Persons (PEPs)
          with provision as specified in sub rule (4) of Rule 9 of the PML  It is emphasized that proposals of Politically Exposed Persons
          Rules. Under all kinds of Group Insurance (Life /General/  (PEPs)  in  particular  requires  examination  by  senior
          Health), KYC of Master Policyholders / Juridical Person / Legal  management. Insurers are directed to lay down appropriate
          Entity and the respective Beneficial Owners (BO) needs to be  on-going risk management procedures for identifying and
          collected. However, the Master Policyholders under the group  applying enhanced due diligence measures on an on-going
          insurance have to maintain the details of all the individual  basis to PEPs and customers who are close relatives of PEPs.
          members covered, which will also be made available to the  These measures are also to be applied to insurance contracts
          insurer as and when required.                       of which a PEP is the ultimate beneficial owner (s).

          At any point of time, where insurers are no longer satisfied  If the on-going risk management procedures indicate that
          about the true identity and the transaction made by the  the customer or beneficial owner(s) is found to be PEP, or
          customer, a Suspicious Transaction Report (STR) should be  subsequently becomes PEP, the senior management should
          filed with Financial Intelligence UnitIndia (FIU-IND) if it is  be informed on this business relationship and apply enhanced
          satisfied that the transaction meets the criteria specified in  due diligence measures on such relationship.

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