By virtue of the supervisory operations that the Financial Information Unit can coordinate with the obligated subjects in order to control compliance with anti-money laundering and anti-terrorist financing regulations, we remind Messrs. Partners that Customs Brokers are governed byResolution (FIU) No. 63/2011 Regarding the measures and procedures that must be observed to prevent, detect and report the facts, acts, operations or omissions that may come from the commission of the crimes of Money Laundering and Terrorist Financing.
For the foregoing, the most relevant points to be taken into account are transcribed:
Basic principles to be adopted by obligated entities to combat Money Laundering
• Comply with all laws against Money Laundering and Terrorist Financing, and cooperate with legal, supervisory,
• Know your business
• Know your client
• Implement anti-money laundering policies, internal procedures and training programs in this area.
Prevention Mechanisms:
• Design and implement the procedures and their control, necessary to prevent, detect and report operations that may be linked to the crimes of Money Laundering and Terrorist Financing.
• Ensure compliance with the procedures and policies implemented to prevent, detect and report operations that may be linked to the crimes of Money Laundering and Terrorist Financing.
• Analyze the registered operations to detect possible suspicious operations
• Formulate reports of suspicious operations, in accordance with the provisions of this resolution.
• Keep a record of reported operations, suspected of Money Laundering and / or Terrorism Financing.
• Comply with the requests made by the FINANCIAL INFORMATION UNIT in exercise of its powers.
• Control compliance with current regulations on the prevention of Money Laundering and Terrorism Financing.
• Ensure the adequate conservation and custody of the documentation concerning the operations.
• Verify the list of tax havens and countries and territories declared non-cooperative by the FATF.
• Pay special attention to the new types of Money Laundering and Terrorism Financing in order to establish measures aimed at preventing, detecting and reporting any operation that may be linked to them. They must pay special attention to any money laundering or terrorist financing threat that arises as a result of the development of new technologies that favor anonymity and the risks associated with commercial relationships or operations that do not involve the physical presence of the parties.
Customer Identification - Individuals
• Copy of the application for registration for importer or exporter issued by the AFIP.
• Profession, trade, industry, trade, which constitutes its main activity, expressly indicating its quality as a PERSON EXPOSED POLITICALLY.
• Accreditation certified by the Financial Institution of the banking entity with which it operates in the Foreign Exchange Market for its foreign trade operations.
• A sworn statement on the lawfulness and origin of the funds, which must be updated every six months, and as long as it is necessary to define the client's profile, the corresponding supporting documentation that allows establishing its patrimonial and financial situation. This documentation will be considered complementary to the File.
Client Identification - Legal Persons
• Copy of the application for registration for importer or exporter issued by the AFIP.
• Certified copy of the updated bylaws.
• Accreditation certified by the Financial Institution of the banking entity with which it operates in the Foreign Exchange Market for its foreign trade operations.
• A sworn statement on the lawfulness and origin of the funds, which must be updated every six months, and as long as it is necessary to define the client's profile, the corresponding supporting documentation that allows establishing its patrimonial and financial situation. This documentation will be considered complementary to the File.
• The same collections indicated above will be accredited in the cases of associations, foundations, transitory unions of companies, business collaboration groups, cooperation consortia and other entities with or without legal status.
Client Identification - Public Organizations
• Copy of the application for registration for importer or exporter issued by the FEDERAL ADMINISTRATION OF PUBLIC REVENUE.
• Certified copy of the administrative act of appointment of the intervening official.
Customer Knowledge Policy
The client's knowledge policy must include criteria, measures and procedures that include at least:
• Monitoring of operations carried out by clients.
• The determination of the transactional profile of each client.
• The identification of operations that deviate from the transactional profile of each client.
Enhanced Customer Identification Procedures
• Screen companies / vehicle: The Obliged Subjects must pay special attention to avoid that natural persons use legal entities as screen companies to carry out their operations. They must have procedures that make it possible to know the structure of the company, determine the origin of its funds and identify the owners, beneficiaries and those who exercise real control over the legal entity.
• Final owner / beneficiary: The Obliged Subjects must have procedures that allow to know the structure of the company, determine the origin of their funds and identify the owners, beneficiaries and those who exercise real control of the legal entity.