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Circulars

Summary:The obligations of the cover intermediary bank, the originator bank and beneficiary bank mentioned in SWIFT MT202COV are stipulated as follows, and will take effect starting November 1, 2010. Open new window for Chinese

Ref. No:99.7.13.Tai-Yang-Wai-(7)-Tze No. 0990036432

Subject: 
The obligations of the  cover intermediary bank, the originator bank and 
beneficiary bank mentioned in SWIFT MT202COV are  stipulated as follows, and will 
take effect starting November 1, 2010.
Explanation: 
The obligations of the  originator bank, intermediary bank and beneficiary bank are 
described as follows: 
1. The originator bank:
(1)An originator bank must verify the cover payment message, including full name, 
  account number and address of the remitter, and follow the instructions provided 
  in the Money Laundering Control Act and the Regulations Governing Cash 
  Transaction Reports (CTR) and Suspicious Transaction Reports (STR)  from 
  Financial Institutions.
(2)An originator bank should practice KYC vigorously to understand the basic 
  information and profile of remittance applicant and its responsible person, the 
  applicant’s line of business and the parties the applicant deals with, and try
  to understand the nature of the remittance, review relevant documents and 
  information of the beneficiary.
(3)If cover payment format is used, a originator bank should send MT202COV message 
  in place of MT202, not only to verify the information of the originator and the 
  beneficiary, but also to make sure the content of MT202COV is consistent 
  with that of MT103 sent to the beneficiary bank.
2. The intermediary bank:
(1)An intermediary bank should establish clear policy and procedure to make sure 
  the originator and beneficiary fields in the MT202COV are not left blank. Where 
  an MT202COV contains a blank field or it is manifestly meaningless,the 
  intermediary bank should take one or more of the following  measures:
  a. Declining to process the transaction;
  b. Obtain missing information from the  originator bank or the precedent 
   intermediary bank; 
  c. File a suspicious transaction report (STR) to the anti-money laundering 
   authority.
 The decisions taken and the reasons for them should be properly documented. 
(2)An intermediary bank should establish automatic risk-based monitoring 
  mechanisms, and undertake necessary check and detection of anti-money laundering 
  information according to the regulations of the county where it is located or 
  its home country, or at the request of the competent authority, and if any 
  irregularity is found, cooperate in related actions.
3.The beneficiary bank:
(1)When releasing funds, a beneficiary bank should verify the beneficiary’s 
  identity in accordance with the requirements in the Money Laundering Control Act
  and the Regulations Governing Cash Transaction Reports (CTR) and Suspicious 
  Transaction Reports (STR)  from Financial Institutions.
(2)A beneficiary bank should establish a risk management procedure to handle 
  remittances with inadequate originator and beneficiary information and consider 
  restricting or even terminating their relationship with correspondent banks that
  fail to provide adequate originator and beneficiary  information.

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