(b) if the amount is received for deposit into an account, the name of each account holder; (d) the type and amount of each virtual currency involved in the receipt; (f) the number of every other account that is affected by the transaction, the type of account and the name of each account holder; (g) every reference number that is connected to the transaction and has a function equivalent to that of an account number; (h) every transaction identifier, including the sending and receiving addresses; and. Some STRs have included the law enforcement agency's contact information in Part H of the STR when the information was reported directly to law enforcement and this information can be helpful. To this end, FINTRAC will ensure that the reporting entity’s policies and procedures effectively reflect the obligation to determine who is a terrorist group or listed person, but we do not prescribe the list(s) to which the reporting … If there is an error with the structure or format of the file then you will receive a "Rejected" message and the Batch file and reports within it will not be processed any further. (opération effectuée), The individual, with the necessary authority, that you appoint to be responsible for the implementation of your compliance program. It should contain information about all your obligations and requirements to be fulfilled under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act and its associated Regulations (programme de formation), A right of property held by one individual or entity (a trustee) for the benefit of another individual or entity (a beneficiary). (nouvelles technologies), There is no clear explanation to account for suspicious behaviour or information. any context or clarification about the information that was reported in the structured sections (Parts B through F). FINTRAC recognizes this fact and emphasizes the need for reporting entities to have in place robust compliance regimes in order to ensure the quality of their STRs. (b) a private key of a cryptographic system that enables a person or entity to have access to a digital representation of value referred to in paragraph (a). Consult the list of the financial transactions that must be reported to FINTRAC by reporting entities. PCMLTFR, SOR/2002-184, s. 1(2) (as will be amended when SOR/2019-240 comes into force). (examen bisannuel de l'efficacité), In respect of a document or information that is used to verify identity, appears legitimate or authentic and does not appear to have been altered or had any information redacted. Footnote 18 (registres distribués), With respect to a reportable transaction, the disposition is what the funds or virtual currency was used for. (renseignements d'identification du client), For the purpose of the criminal record check submitted with an application for registration, a competent authority is any person or organization that has the legally delegated or invested authority, capacity, or power to issue criminal record checks. This guidance provides information on the following topics: If you are an accountant or an accounting firm, the suspicious transaction reporting requirement does not apply to the receipt of professional fees. Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA), S.C. 2000, c 17, s. 2(1). April 2020. Whereas, the date of posting is the date on which the funds from the transaction are received in an account; and, you must provide (if applicable) the name of any other person or entity or the name and number of the other institution, how the funds were used in the completed transaction or how they were going to be used in an attempted transaction; and. No individual or entity will be prosecuted for sending an STR in good faith or for providing FINTRAC with information about suspicions of money laundering or terrorist financing. You cannot insert a spreadsheet or include the additional transactions in Part G of the STR. The Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) is Canada's financial intelligence unit. State the ML/TF indicators used to support your suspicion. There is no monetary threshold associated with the reporting of a suspicious transaction and under the Canadian anti-money laundering and anti-terrorist financing (AML/ATF) regime they may also contain transactions that must be submitted to FINTRAC in other types of reports. AML Risk Manager offers advanced reporting capabilities so organizations can meet regulatory and tax compliance reporting requirements, including cash threshold reporting, suspicious activity reporting and suspicious transaction reporting (FATCA, CRS, CTR, SAR, FinCEN, FINTRAC), with predefined reports and electronic file processing. When determining whether an individual has conducted or attempted a suspicious transaction on anyone else's behalf, it is not about who owns or benefits from the money, or who is carrying out the transaction or activity, but rather about who gives the instructions to handle the money or conduct the transaction or particular activity. While FINTRAC conducts a review of report submissions to assess the quality of reports, you should have your own proactive quality assurance practices independent of FINTRAC's review and validation of reports. It excludes a product that: Footnote 54, An account – other than an account to which only a public body or, if doing so for the purposes of humanitarian aid, a registered charity as defined in subsection 248(1) of the Income Tax Act, can add funds or virtual currency – that is connected to a prepaid payment product and that permits:Footnote 55, Prescribed by regulations made by the Governor in Council.Footnote 56 (Version anglaise seulement), The likelihood in regards to completing a suspicious transaction report (STR) that a financial transaction is related to a money laundering/terrorist financing (ML/TF) offence. It is also not possible to see graphics, underlined, italicized or bolded text included in the STR. (pénalité administrative pécuniaire [PAP]), An entity is affiliated with another entity if one of them is wholly owned by the other, if both are wholly owned by the same entity or if their financial statements are consolidated.Footnote 4 (entité du même groupe), Has the same meaning as in subsection 248(1) of the Income Tax ActFootnote 5 (rente), A time period that falls in-between immediately and as soon as possible, within which a suspicious transaction report (STR) must be submitted to FINTRAC. (a) a director of the entity who is one of its full-time employees; (b) the entity's chief executive officer, chief operating officer, president, secretary, treasurer, controller, chief financial officer, chief accountant, chief auditor or chief actuary, or any person who performs any of those functions; or. For more information, please see field completion instructions to submit STRs by paper. (a) does not have a place of business that: (i) is located at a fixed address—where it employs one or more persons on a full-time basis and maintains operating records related to its banking activities—in a country in which it is authorized to conduct banking activities; and, (ii) is subject to inspection by the regulatory authority that licensed it to conduct banking activities; and, (b) is not controlled by, or under common control with, a depository institution, credit union or foreign financial institution that maintains a place of business referred to in paragraph (a) in Canada or in a foreign country, (a) a digital representation of value that can be used for payment or investment purposes that is not a fiat currency and that can be readily exchanged for funds or for another virtual currency that can be readily exchanged for funds; or. When must a suspicious transaction be reported? (a) five or more new houses or condominium units; (b) one or more new commercial or industrial buildings; or. To report STRs electronically, you must be enrolled and logged in to the FINTRAC web reporting system. It is also important that you do not refer to any internal files or documents since FINTRAC cannot have access to these internal files or documents for its analysis. If you are a reporting entity with an Internet connection, you must electronically submit all reports on suspicious transactions, large cash transactions, electronic funds transfers and casino disbursements to FINTRAC.. Electronic reporting is supported by FINTRAC web reporting, a secure system accessed over the internet. (e) the number of the account into which the deposit is made and the name of each account holder. If the legal land description refers to an area or a parcel of land on which multiple properties are located, the legal land description would not be sufficient. entering the FINTRAC STR number and date of submission; providing the reasonable grounds to suspect (facts, context and ML/TF indicators) that were included in the first STR submission; and. An agreement between a money services business (MSB) and an organization according to which the MSB will provide any of the following MSB services on an ongoing basis: A settlor is an individual or entity that creates a trust with a written trust declaration. PCMLTFR, SOR/2002-184, s. 4 (as will be amended when SOR/2019-240 comes into force). (a) funds or virtual currency that total $1,000 or more to be added to the account within a 24-hour period; or. Presence – is there an entry in the field? For example, this can include doing one or more of the following: A record that indicates the receipt of an amount of funds and that contains the following information: Footnote 60, Has the same meaning as in subsection 248(1) of the Income Tax Act.Footnote 61 (régime de pension agréé), Has the same meaning as in subsection 248(1) of the Income Tax Act.Footnote 62 (fonds enregistré de revenu de retraite), In respect of information that is used to verify identity, means that the source is well known, reputable, and is considered one that you trust to verify the identity of the client. These documents are intended to increase transparency regarding FINTRAC's compliance regime, particularly in relation to AMPs, and provide helpful information and guidance to reporting entities. Training employees to perform this function is considered to be part of your compliance program obligations. PCMLTFA, S.C. 2000, c 17, s. 9.4(3) and PCMLTFR, SOR/2002-184, s. 16(1)(b) (as will be amended when SOR/2019-240 comes into force). Electronic reporting. The settlor ensures that legal responsibility for the trust is given to a trustee and that the trustee is provided with a trust instrument document that explains how the trust is to be used for the beneficiaries. PCMLTFA, S.C. 2000, c 17, s. 2(1) and PCMLTFR, SOR/2002-184, s. 1(2). **Note: In certain circumstances a required report field may not be applicable. reporting the information directly to law enforcement; initiating enhanced transaction monitoring; closing the account(s) in question or exiting the business relationship; and/or. For example, a client or a potential client walks away from conducting a $10,000 cash deposit. Just before ... (FATF), an international body established in 1989 that sets standards for anti-money laundering (AML) and anti-terrorist financing (ATF) activities, noted Dawkins. Lawyer Jacqueline Shinfield, an expert in FINTRAC regulations, says financial institutions need to be prepared for some sweeping changes in the ways Electronic Funds Transfers (EFTs) are done in Canada. The individual must have a dwelling in the country concerned. Please consider an outside reader and use simple, clear and concise language. Consult the list of the business sectors that must report to FINTRAC. For more information on FINTRAC web reporting, see the following document: Batch reporting is a secure process that allows for the submission and correction of multiple reports (up to 10,000) in 'Batch files' that are formatted according to FINTRAC's specifications. In Part G or H of the STR, it is important to avoid jargon or non-public references, such as terms and acronyms that are specific to your organization. For example, if a completed transaction reported in an STR involved the receipt of cash from a client of 10,000 Canadian Dollars (CAD) or more, you would also be required to report this transaction to FINTRAC in a large cash transaction report. However, FINTRAC will contact you and request that you resubmit electronically if you have the capability to do so. The PCMLTFA acts as a legal framework that obligates reporting entities to create compliance programs that identify, monitor and keep records of customers, and also report suspicious transactions. In addition, you cannot use a provincial health card for identification purposes where it is prohibited by provincial legislation. Essentially, money laundering is the process whereby "dirty money"—produced through criminal activity—is transformed into "clean money," the criminal origin of which is difficult to trace. (probabilité), A judicial order that compels a person or entity to disclose records to peace officers or public officers. (b) the name of the person or entity that makes the deposit; (c) the amount of the deposit and of any part of it that is made in cash; (d) the method by which the deposit is made; and. These fields will be indicated with both an asterisk (*) and "(if applicable)" next to them. (c) any other officer who reports directly to the entity's board of directors, chief executive officer or chief operating officer. For example: 9(2) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, SOR/2019-240, A chartered accountant, a certified general accountant, a certified management accountant or, if applicable, a chartered professional accountant.Footnote 1 (comptable), An entity that is engaged in the business of providing accounting services to the public and has at least one partner, employee or administrator that is an accountant.Footnote 2 (cabinet d'expertise comptable), The Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA).Footnote 3 (la Loi), Civil penalties that may be issued to reporting entities by FINTRAC for non-compliance with the PCMLTFA and associated Regulations. If there is a potential issue in a reporting field then you may also receive a "Warning" message. These measures must be described in your policies and procedures. Its mandate is to facilitate the detection, prevention and deterrence of money laundering and the financing of terrorist activities, while ensuring the … If the individual is not working, the occupation provided should still be as descriptive as possible, such as "student", "unemployed" or "retired". (contexte), A relationship created by an agreement or arrangement under which an entity referred to in any of paragraphs 5(a), (b), (d) and (e) or an entity that is referred to in section 5 of the Act and that is prescribed undertakes to provide to a foreign financial institution services such as international electronic funds transfers, cash management, cheque clearing and any prescribed services.Footnote 13 (relation de correspondant bancaire), The country where an individual has lived continuously for 12 months or more. Facts are not opinions. The funds in a transaction may have been used in several ways, therefore resulting in more than one disposition having to be detailed in your STR. Financial Transactions and Reports Analysis Centre, société de notaires de la Colombie-Britannique, notaire public de la Colombie-Britannique, renseignements d'identification du client, entreprise d'acquisition de cartes de crédit, négociant en métaux précieux et pierres précieuses, régime de participation différée aux bénéfices, régime de participation des employés aux bénéfices, entreprise de services monétaires étrangère, dirigeant d'une organisation internationale, relevé d'opération importante en monnaie virtuelle, infraction de recyclage des produits de la criminalité, [Indicateurs de blanchiment d'argent (BA) et de financement du terrorisme (FT) (indicateurs de BA/FT)], mandataire d'une entreprise de services monétaires, infraction de financement des activités terroristes, personne morale ou fiducie dont l'actif est très important, fiche d'opération de change en monnaie virtuelle), Ministerial directives and transaction restrictions, Foreign branches, subsidiaries and affiliates, Register your money services business (MSB), Financial transactions that must be reported, Money laundering (ML) and terrorist financing (TF) indicators, FINTRAC's Standard Batch Reporting Instructions and Specifications, Methods to verify the identity of an individual and confirm the existence of a corporation or an entity other than a corporation, Regulations Implementing the United Nations Resolutions on the Suppression of Terrorism, Canadian Security Intelligence Service Act, Reporting suspicious transactions to FINTRAC. FINTRAC is responsible for ensuring compliance with the PCMLTFA and associated Regulations. Once you resubmit a Batch file, it is revalidated against all validation rules. If you conduct international remittance transactions at the request of your customers, the requirement to report transactions of CAD 10,000 or more will now be your responsibility, not your financial services provider. There are three types of validation rules that FINTRAC uses to validate reports and these rules are described below. (iii) advance payments to which the policy holder is entitles that are made to them by the insurer; (d) a credit union central when it offers financial services to a person, or to an entity that is not a member of that credit union central; and. (agent de conformité), Written methodology outlining the obligations applicable to your business under the PCMLTFA and its associated Regulations and the corresponding processes and controls you put in place to address your obligations. If you are a financial entity and you have foreign subsidiaries or foreign branches, the suspicious transaction reporting requirement does not apply to the operations of these subsidiaries or branches outside Canada. they have reasonable grounds to suspect that a transaction is related to the commission or attempted commission of an ML/TF offence; and. Suspicious transaction reporting requirements under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA) and associated Regulations are applicable to all reporting entity sectors. It is not an MSB branch. The money earned for terrorist financing can be from legal sources, such as personal donations and profits from a business or charitable organization or from criminal sources, such as the drug trade, the smuggling of weapons and other goods, fraud, kidnapping and extortion. Footnote 39 (fiducie entre vifs), Objects that are made of gold, silver, palladium, platinum, pearls or precious stones and that are intended to be worn as a personal adornment.Footnote 40 (bijou), A record that indicates the receipt of an amount of $10,000 or more in cash in a single transaction and that contains the following information:Footnote 41, A record that indicates the receipt of an amount of $10,000 or more in virtual currency in a single transaction and that contains the following information:Footnote 42, A person or entity that is authorized under provincial legislation to carry on the business of arranging contracts of life insurance.Footnote 43 (représentant d'assurance-vie), A life company or foreign life company to which the Insurance Companies Act applies or a life insurance company regulated by a provincial Act.Footnote 44 (société d'assurance-vie), Has the same meaning as in section 1 of the Regulations Implementing the United Nations Resolutions on the Suppression of Terrorism.Footnote 45 (personne inscrite), When a person or entity uses promotional materials such as advertisements, graphics for websites or billboards, etc., with the intent to promote money services business (MSB) services and to acquire business from persons or entities in Canada. (diriger des services), For the purpose of section 151 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations (PCMLTFR), a digital ledger that is maintained by multiple persons or entities and that can only be modified by a consensus of those persons or entities. Mandatory if applicable fields must be completed if they are applicable to you or the transaction being reported. (b) in the case of an entity, the nature of its principal business. Section A
FINTRAC has explained that this provision is meant to address circumstances where there is a change in the beneficial ownership information in the course of a client relationship that is identified as part of the ongoing monitoring process. In this context, the report must be completed promptly, taking into account the facts and circumstances of the situation. The Revised Guidance is complementary to other anti-money laundering and anti-terrorist financing processes including those related to client onboarding, on-going monitoring and record keeping. For example, based on facts, having reasonable grounds to believe that a transaction is probably related to the commission or attempted commission of an ML/TF offence. If the individual is a professional, the occupation provided should reflect the type of profession, such as "petroleum engineer" or "family physician". The narrative provided in this section should focus on the question: "Why do you think the transaction is suspicious of ML/TF?". PCMLTFR, SOR/2002-184, s. 151(2) (as will be amended when SOR/2019-240 comes into force). PCMLTFR, SOR/2002-184, s. 2(1) (as will be amended when SOR/2019-240 comes into force). Financial Transactions and Reports Analysis Centre, Ministerial directives and transaction restrictions, Foreign branches, subsidiaries and affiliates, Register your money services business (MSB), Financial transactions that must be reported. If you are a dealer in precious metals and stones, the suspicious transaction reporting requirement does not apply if you engage in a purchase or sale carried out for, in connection with, or for the purpose of manufacturing jewellery, extracting precious metals or precious stones from a mine or cutting or polishing precious stones. They are to be left blank. Please note that the following are not valid addresses and should not be provided: It is possible that some of the examples above may be included in Part G of the STR because they are relevant but they are not considered a valid address in terms of the client identification. (j) holder of any prescribed office or position. A separate Part F must be completed for each disposition that was conducted or attempted on behalf of another individual. (fiducie), A company that is referred to in any of paragraphs 5(d) to (e.1) of the Act. In Part C of the STR, you must provide the account details for each disposition that involved an account (completed transaction) or was going to involve an account (attempted transaction), if applicable. The registration process involves an application to FINTRAC. (h) every transaction identifier, including the sending and receiving addresses. (bénéficiaire), A branch is a part of your business at a distinct location other than your main office. (e) a department, or an entity that is an agent of Her Majesty in right of Canada or an agent or mandatary of Her Majesty in right of a province, when it carries out an activity referred to in section 76. Footnote 68 (SWIFT), Has the same meaning as in subsection 83.01(1) of the Criminal Code.Footnote 69 (activité terroriste). Effectiveness of client onboarding, on-going monitoring and record keeping processes: The effectiveness of the STR filing process is premised on an equally effective compliance regime. FINTRAC recently issued a new guidance to explain the changes which are being implemented. (bénéficiaire effectif), A beneficiary is the individual or entity that will ultimately benefit from a transaction and to which the final remittance is made. FINTRAC is mandated by Part 1 and 1.1 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA) (2000), which is the primary AML/CFT legislation in Canada. 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Bmonroe @ acfcs.org November 22, 2019 Quote of the final amendments follows the release of proposed amendments in 2018! Permitted, it must have a computer and an eight digit local.... Rules identify possible reporting problems or information gaps but do not have the capability to do.. The completion and submission of the financial transactions that must be completed for each disposition that conducted... Policies and procedures must include details on the process for how you identify, assess and submit STRs FINTRAC... Holder of any property to help carry out the terrorist activities field then you may take:. Not be applicable are being implemented incorrect, or improperly formatted information about FINTRAC 's analysis and. Be described in your policies and procedures Specifications for more information about the individual have... Valide ), a client or a potential issue in a reporting … FINTRAC.! 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Cad 10,000 or more currency of $ 1,000 or more to be completed if they applicable! Business restructuring a sole proprietorship one of the STR ( G ) every transaction identifier including. Efts of CAD 10,000 or more to be maintained correct structure name of each holder. Electronic reporting that provide for secure encrypted transmission that ensures your data 's and! An internet connection, you may take include: reporting an STR, you must keep reporting as long the... And the pcmltfr type or field of business business directory if the that! Are not giving unreasonable priority to other transaction monitoring tasks and may question delayed reports possession any! 2000, c 17, s. 2 ( 1 ) ( as will be amended when comes. Representing 15 % of the Day: “ March on as transaction monitoring tasks and may question delayed.. Please use black ink and CAPITAL LETTERS the course of your business at a distinct other. 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