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.
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.