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RBI Master Direction – Know Your Customer (KYC) Direction, 2016

HomeRBI Master Direction – Know Your Customer (KYC) Direction, 2016

(Dated 2/2/2016 – Updated 6/11/2024) (https://rbidocs.rbi.org.in/rdocs/notification/PDFs/MD18KYCF6E92C82E1E1419D87323E3869BC9F13.PDF)

Objective

Operational instructions for RBI regulated entities – regarding PMLA/PMLR obligations

Scope

RBI regulated entities, their foreign branches, majority subsidiaries (within host country laws)

Key Terms
  • Walk-in Customer: not having an account-based relationship undertakes transactions
  • KYC Templates: prepared to facilitate collating and reporting KYC data to CKYCR
  • Non-face-to-face customers: open accounts without visiting branch/offices or meeting officials of REs
  • Regulated Entities: By RBI viz. banks, AIFIs, NBFCs, MNBCs, RNBCs, ARCs, PSPs, SPs, Aps, MTSS Agents
  • Wire transfer: any transfer of funds for an originator by electronic means to transfer funds to a beneficiary at a beneficiary financial institution
Highlights of Directions

Organisational Framework:

  • Set-up: Specify Designated Director and Principal Officer, Have AML Team
  • KYC Policy: Comprising – Customer Acceptance Policy, Risk Management, Customer Identification Procedures (CIP), Monitoring of Transactions
  • Risk Assessment: Internal ML-TF risk assessment (EWRA)
  • (Refer Guidance Note on Internal Risk Assessment Guidance for Money Laundering/ Terrorist Financing Risks at – https://www.rbi.org.in/Scripts/PublicationReportDetails.aspx?UrlPage=&ID=1278)
  • Roles of various functions: Senior Management, Compliance Audit, etc.

Operational Measures:

  • Customer Acceptance Policy: Prohibitions, Conditions, CDD, etc.
  • Risk Management: Risk based approach, Customer risk categorisation
  • Customer Identification Procedure (CIP): Account based, Walk-in customers, Use of third parties
  • Customer Due Diligence (CDD) Procedure: Various types of customers, Various modes for Individuals, CKYCR Procedure
  • Video – Customer Identification Procedure (V-CIP): For individuals (as per RBI)
  • Digital KYC Process: For Individuals (as per PMLR)
  • Small Account: Savings account for Individuals (without any document)
  • Periodic Updation: For Individuals and entities – different risk categories
  • Enhanced Due Diligence: Non-face-to-face, Politically Exposed Persons, Professional intermediaries – for client funds, Correspondent Banking – Payable through Account
  • FCRA Obligations, Reporting under FATCA and CRS
  • Simplified Due Diligence: Self Help Groups, Accounts of foreign students, Foreign Portfolio Investors
  • Wire Transfers: Requirements, Responsibilities at various stages
  • Record Management: Retention period for various types of records, providing to authorities, Registration of NGOs on DARPAN
  • Reporting to FIU-Ind: Templates specified by FIU-Ind, Robust software for detection of inconsistent transactions
  • UAPA Obligations: Reporting matches to FIU-Ind and MHA
  • WMD Act Obligations: Reporting matches to the Central Nodal Officer i.e. FIU-Ind
  • UNSCR Lists: Democratic People’s Republic of Korea Order, 2017, Other lists, UAPA 1967 – first and fourth schedules
  • Detection of Matches: Use latest technological innovations and tools
  • FATF identified countries: Additional due diligence

Miscellaneous Aspects

  • Secrecy Obligations and Sharing of Information
  • Other Aspects: UCIC, PAN requirement, Third Party A/c Payee Cheques, Selling TPPs, Issuing PPIs