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Correspondent relationships with third-country respondent institutions
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17. The Act of 2010 is amended by the substitution of the following section for section 38:
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“38. (1) A credit institution or financial institution (‘the institution’) shall not enter into a correspondent relationship with another credit institution or financial institution (‘the respondent institution’) situated in a place other than a Member State unless, prior to commencing the relationship, the institution—
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(a) has gathered sufficient information about the respondent institution to understand fully the nature of the business of the respondent institution,
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(b) is satisfied on reasonable grounds, based on publicly available information, that the reputation of the respondent institution, and the quality of supervision or monitoring of the operation of the respondent institution in the place, are sound,
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(c) is satisfied on reasonable grounds, having assessed the anti-money laundering and anti-terrorist financing controls applied by the respondent institution, that those controls are sound,
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(d) has ensured that approval has been obtained from the senior management of the institution,
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(e) has documented the responsibilities of each institution in applying anti-money laundering and anti-terrorist financing controls to customers in the conduct of the correspondent relationship and, in particular—
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(i) the responsibilities of the institution arising under this Part, and
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(ii) any responsibilities of the respondent institution arising under requirements equivalent to those specified in the Fourth Money Laundering Directive,
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and
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(f) in the case of a proposal that customers of the respondent institution have direct access to a payable-through account held with the institution in the name of the respondent institution, is satisfied on reasonable grounds that the respondent institution—
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(i) has identified and verified the identity of those customers, and is able to provide to the institution, upon request, the documents (whether or not in electronic form) or information used by the institution to identify and verify the identity of those customers,
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(ii) has applied measures equivalent to the measure referred to in section 35(1) in relation to those customers, and
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(iii) is applying measures equivalent to the measure referred to in section 35(3) in relation to those customers.
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(2) A person who fails to comply with this section commits an offence and is liable—
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(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months (or both), or
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(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years (or both).”.
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