Search Result

Article Content

 
Article 1     These Model Guidelines are stipulated pursuant to the provisions of the Money Laundering Control Act, the Terrorism Financing Prevention Act, the Regulations Governing Anti-Money Laundering of Financial Institutions, Article 33, Paragraph 3 of the Regulations Governing Futures Trust Enterprises, Article 8, Paragraph 3 of the Regulations Governing Managed Futures Enterprises, and the Directions Governing the Internal Control System for Anti-Money Laundering and Countering Terrorism Financing of the Securities and Futures Sector.
Article 2     The anti-money laundering (AML)/counter terrorism financing (CFT) internal control system of the Company shall be adopted by its board of directors. The same applies to any amendment thereto. The system must also address the following:
  1. Policies and procedures establish to identify, assess, and manage the risks of money laundering and terrorism financing ("ML/TF") in accordance with the Guidelines for Futures Trust Enterprises and Managed Futures Enterprises Regarding Assessment of Money Laundering and Terrorism Financing Risks and Adoption of Prevention Programs (hereinafter referred to as the Guidelines) (see Attachment).
  2. AML/CFT programs stipulated based on the Guidelines for Futures Trust Enterprises and Managed Futures Enterprises Regarding Assessment of Money Laundering and Terrorism Financing Risks and Adoption of Prevention Programs, the results of risk assessments, and business scale to manage and mitigate identified risks. Regarding high risks, in particular, enhanced measures for control and management shall be adopted.
  3. Standard operational procedures to supervise, control, and manage AML/CFT legal compliance and the execution of AML/CFT measures, which shall be included in self-audit and internal audit items, and enhanced when necessary.
    The identification, assessment, and management of money laundering and terrorism financing risks in Subparagraph 1 of the preceding Paragraph shall at least cover aspects such as customer, geographic areas, products and services, and transaction or delivery channels, and shall be conducted in accordance with the following provisions:
  1. Risk assessment reports shall be made.
  2. All risk factors that determine the overall risk rating and appropriate measures for mitigating such risks shall be considered.
  3. A mechanism for updating risk assessment reports shall be established to ensure that the risk data is kept up to date.
  4. Submit a copy of the completed or updated risk assessment report to the Financial Supervisory Commission (FSC) for future reference.
    The AML/CFT program in Paragraph 1, Subparagraph 2 shall include the following policies, procedures, and control and management mechanisms:
  1. Customer due diligence (CDD) measures.
  2. Watch list filtering of customers and connected parties of transactions.
  3. Ongoing monitoring of accounts and transactions.
  4. Record-keeping.
  5. Reporting currency transactions above a certain amount.
  6. Reporting suspicious ML/TF transactions, and filing reports pursuant to "Counter-Terrorism Financing Act".
  7. Designating compliance matters for which the chief AML/CFT officer is responsible.
  8. Employee selection and hiring procedures.
  9. Ongoing employee training programs.
  10. Test independent auditing functions regarding the effectiveness of the AML/CFT system.
  11. Other matters stipulated in applicable AML/CFT statutes and by the FSC.
    If the Company has a foreign branch office (or subsidiary), it shall establish a group-level AML/CFT plan, and implement the plan in its foreign branch offices (or subsidiaries). In addition to the policies, procedures, and control and management mechanisms in the preceding Paragraph, the following matters shall also be stipulated in accordance with the information confidentiality regulations of the R.O.C. and of the jurisdictions where its foreign branch offices (or subsidiaries) are located:
  1. Policies and procedures for sharing, within the group, of information that is collected for the purpose of CDD measures and risk management regarding money laundering and terrorism financing.
  2. For AML/CFT purposes, when necessary, require foreign branch offices (or subsidiaries) to provide information on customers, accounts, and transactions, in accordance with group-level regulatory compliance, audit, and AML/CFT functions.
  3. The security and protection of the use and confidentiality of exchanged information.
    To the extent permitted by the statutes of the jurisdictions where the Company's foreign branch offices (or subsidiaries) are located, ensure that foreign branches and subsidiaries comply with the same strict AML/CFT measures as adopted by the head office (or parent company). Where the minimum requirements of the jurisdictions where the head office (or parent company) and branches (or subsidiaries) are located are different, the branch (or subsidiary) shall choose to comply with the higher standards. However, if there is any doubt regarding the identification of higher or lower criteria, the identification by the competent authorities of the place in which the head office (or parent company) of the Company is located shall prevail. If the same criteria as those practiced by the head office (or parent company) cannot be adopted due to prohibitions by foreign laws and regulations, appropriate additional measures shall be taken to manage risks of money laundering and terrorism financing, and a report shall be made to the FSC.
    The policies and procedures formulated by a branch or subsidiary of a foreign financial organization located in the R.O.C. to identify, assess and manage the risks of money laundering and the financing of terrorism, as well as its AML/CFT plans, must include policies, procedures, and control and management mechanisms as stated in Paragraph 1, Subparagraphs 1 and 2 in accordance with the Guidelines for Futures Trust Enterprises and Managed Futures Enterprises Regarding Assessment of Money Laundering and Terrorism Financing Risks and Adoption of Prevention Programs. If the parent group has established policies and procedures no less strict than, and not in violation of, the laws and regulations of the R.O.C., the R.O.C. branch or subsidiary may adopt the policies and procedures of the parent group.
    The board of directors of the Company shall bear ultimate responsibility for establishing and maintaining appropriate and effective AML/CFT internal control. The board of directors and senior management personnel shall understand the Company's money laundering and terrorism financing risks as well as the operation of the AML/CFT program, and shall adopt measures to create an organizational culture that emphasizes AML/CFT.
Article 3     The definitions of terms used in these Model Guidelines are as follows:
  1. Certain amount: Refers to NT$500,000 (or the equivalent in foreign currency).
  2. Currency transaction: Single cash payments or receipts (including all accounting entries of cash receipts and payment vouchers).
  3. Establish business relationship: Refers to a request from a certain individual to the Company for the provision of financial services and the establishment of a transaction relationship for an extended period of time, or when an individual contacts the Company for the first time as a potential customer and wishes to extend the relationship for an extended period of time. This shall apply, for instance, when a customer subscribes to a futures trust fund (hereinafter referred to as a "fund"), or engages the Company to perform discretionary futures transactions for the customer.
  4. Customer: An individual who establishes business relationships with the Company (including natural persons, legal entities, organizations, or trusts).
  5. Beneficial owner: Refers to natural persons who hold ultimate ownership or controlling interest or natural persons who engage in transactions through persons acting on their behalf, and includes natural persons who hold ultimate effective controlling interest over entities or legal arrangements.
  6. Risk-based approach (RBA): Refers to the Company's responsibility to verify, assess, and understand its exposure to money laundering and terrorism financing risks, and to adopt appropriate AML/CFT measures to effectively lower such risks. In accordance with this approach, the Company shall adopt enhanced measures for higher-risk circumstances and adopt relatively simplified measures for lower-risk circumstances in order to effectively distribute resources and use the most appropriate and effective methods to lower identified money laundering and terrorism financing risks.
  7. Connected parties of transactions: Refers to third parties other than customers of the Company within the transaction process, but does not include transactions between financial institutions or institutions whose cooperation is required in the transaction process (e.g., domestic and foreign custodian institutions and clearing houses).
Article 4     The Company's measures for customer due diligence (CDD) shall be conducted in accordance with the following provisions:
  1. The Company shall decline to establish a business relationship or carry out any transaction with a customer in any of the following circumstances:
    1. The customer is suspected of using an anonymous account, an account in a fictitious name, someone else's name, a shell entity, or a shell corporation.
    2. The customer refuses to provide documents relating to CDD measures, unless the customer's identity has been verified by a reliable and independent source.
    3. Any person acts on behalf of the customer, and there are difficulties in checking and verifying the veracity of the agency and identity-related information.
    4. The customer uses forged or altered identification documents.
    5. The customer submits only photocopies of all identification documents; however, this does not apply to businesses for which photocopies or image files of identification documents, supplemented by other control measures, are permissible under regulations.
    6. Documents provided by the customer are suspicious or unclear, the customer refuses to provide other supporting documents, or the documents provided cannot be verified.
    7. The customer delays inordinately in providing identification documents.
    8. Where the counterparty for the establishment of business relationships is an individual, legal entity, or group designated for sanctions in accordance with the Terrorism Financing Prevention Act or a terrorist/terrorist organization identified or investigated by foreign governments or international organizations. However, this does not apply to deliveries made under Article 6, Paragraph 1, Subparagraphs 2 to 4 of the Terrorism Financing Prevention Act.
    9. Other unusual circumstances exist during the process of establishing a business relationship or conducting transactions, and the customer is unable to provide reasonable explanations.
  2. CDD measures shall be conducted when:
    1. Establishing business relationships with any customer.
    2. A transaction suspected of money laundering or terrorism financing is discovered.
    3. There are doubts regarding the veracity or adequacy of previously obtained customer identification information.
  3. CDD measures to be taken are as follows:
    1. Identify and verify customer identity using documents, data or information that are reliable and from independent sources, and keep copies of or record the customer's identification documents.
    2. Verify that any person purporting to act on behalf of the customer is so authorized, identify and verify the identity of the person using the method specified in the preceding Item, and keep copies of or record the person's identification documents.
    3. Adopt reasonable measures to identify and verify the identity of the beneficial owner of a customer, including using data or information from reliable sources.
    4. CDD measures shall include learning about the purpose and intended nature of the business relationship and obtaining relevant information accordingly.
  4. When the customer under the preceding Subparagraph is an individual, at a minimum the following information shall be obtained to identify the customer:
    1. Full name.
    2. Birth date.
    3. Domicile or residential address.
    4. Official identification document number.
    5. Nationality.
    6. If a foreign national, the purpose of the residence or transactions (e.g., tourism or work).
  5. When establishing a business relationship with an individual customer who is identified as a high-risk customer or who exhibits any high-risk factors under provisions relating to the assessment of risk of money laundering or terrorism financing by customers of the Company, a minimum of one of the following items of information shall be obtained:
    1. Any name(s) or alias(es) previously used: examples of a name previously used include a name used before marriage or a name used before a name change.
    2. Work address, post office box address, email address (if any).
    3. Telephone or mobile phone number.
  6. When the customer is a legal entity, an organization, or a trustee of a trust, the Company shall, in accordance with Subparagraph 3, understand the business nature of the customer or trust (including any trust-like legal arrangement) and obtain, at minimum, the following information of the customer or the trust to identify and verify the customer's identity:
    1. Name, legal form, and proof of existence of the customer or trust.
    2. The charter or documents with similar authority that regulate and bind the legal entity or trust. However, this does not apply in the following circumstances:
      1. A counterparty that is listed under Subparagraph 7, Item 3 hereof, and is free of the circumstances in the proviso of Article 6, Paragraph 1, Subparagraph 3.
      2. A customer that is an organization and acknowledges that it has not established a charter or document with similar authority.
    3. With regard to the following information of persons who assume a senior management position in the legal entity, organization, or trustee of a trust (senior management personnel may include directors, supervisors, governors, general managers/presidents, chief financial officers, representatives, managers, partners, authorized signatories, or any natural person who is equivalent to any of the above senior management personnel, the Company shall adopt RBA to determine the scope):
      1. Full name.
      2. Birth date.
      3. Nationality.
    4. Official identification number: e.g., Unified Business Number (UBN), Logic Serial Number (LOSN), registration number.
    5. The address of the registered office of the legal entity, organization, or trustee of a trust, and the address of its principal place of business.
    6. The purpose of the dealings with the offshore legal entity, organization, or trustee of a trust.
  7. When the customer is a legal entity, an organization, or a trustee of a trust, a futures trust enterprise or managed futures enterprise shall, in accordance with Subparagraph 3, Item 3 hereof, understand the ownership and control structure of the customer or the trust, and obtain the following information to identify the beneficial owner(s) of the customer and take reasonable measures to verify the identity of such persons:
    1. For legal entities or organizations:
      1. The identity (e.g., the full name, birth date, nationality, and identification document number) of the natural person(s) who have ultimate controlling interest. Controlling interest refers to when more than 25 percent of a legal entity's shares or capital is directly or indirectly owned; the Company may require the customer to provide a list of its shareholders or other documents to assist in completing the identification procedure.
      2. When no natural person with controlling interest is identified, or when there is doubt as to whether the natural person(s) with controlling interest are the beneficial owner(s) under the provisions of the preceding Sub-item, the Company shall verify whether there are any natural person(s) that exercise control of the customer through other means. When necessary, a statement produced by the customer may be obtained to verify the identity of the beneficial owner(s).
      3. Where no natural person with controlling interest is identified under the preceding two Sub-items, the Company shall take measures to identify the identity of senior management personnel.
    2. When the customer is the trustee of a trust: The identity of the principal(s), trustee(s), trust supervisor, trust beneficiaries, and any other person exercising effective control over the trust account, or the identity of person(s) in equivalent or similar position(s).
    3. Unless otherwise provided for in the proviso of Article 6, Paragraph 1, Subparagraph 3, or if the customer has issued bearer shares, the entity is not subject to the requirements for identifying and verifying the identity of beneficial owner(s) of a customer as set out in Subparagraph 3, Item 3 if the customer or the person with controlling interest in the customer is:
      1. An R.O.C. government entity.
      2. An R.O.C. public enterprise organization.
      3. A foreign government entity.
      4. A company listed in the R.O.C. or any of its subsidiaries.
      5. An entity listed on a stock exchange or listed for over-the-counter trading outside of the R.O.C. that is subject to local regulations requiring the disclosure of its principal shareholders, or a subsidiary of such an entity.
      6. A financial institution supervised by the R.O.C. government, or an investment vehicle managed by such institution.
      7. A financial institution incorporated outside the R.O.C. that is subject to supervisory regulations which are consistent with the AML/CFT standards announced by the Financial Action Task Force (FATF), or an investment vehicle managed by such financial institution; The Company shall keep documentary evidence related to the aforesaid financial institution or investment vehicle (e.g., records of publicly disclosed audit information, the financial institution's anti-money laundering operational rules, records of searches for negative information, or statements by the financial institution).
      8. Funds managed by R.O.C. government agencies.
      9. An employee stock ownership trust, employee welfare savings trust, or endowment fund.
  8. Method for verifying the identity of customers establishing business relationships with the Company, and of persons purporting to act on behalf of a customer, and of beneficial owners thereof:
    1. Verification through documents:
      1. Individual:
        1. Verification of identity or birth date: Obtain unexpired official photo identification documents, e.g., national ID card, passport, Alien Resident Certificate, driver's license. If there is any doubt about the valid period of an above document, a certification or statement by an embassy or notary public shall be obtained. In addition, in the case of a beneficial owner, the Company need not require provision of the original identification document for verification; alternately, the Company may, in accordance with its own operational procedures, request the legal entity, organization, or representative thereof, to issue a statement regarding the information of beneficial owners. However, the Company should be able to verify at least a portion of the information specified in the statement through the use of other reliable documents or sources of information, such as documents evidencing company registration or company annual reports.
        2. Verification of address: Obtain the customer's bills, reconciliation statements, or government-issued documents.
      2. Legal entity, organization, or trustee of a trust: Obtain documents such as certified articles of incorporation, government-issued business license, partnership agreement, trust instrument, or certification of incumbency. If the trustee of a trust is a trust managed by a financial institution as stated in Article 5, Paragraph 1 of the Money Laundering Control Act, a written document issued by the financial institution may substitute the trust deed. However, this does not apply if the country or region where the financial institution is located falls within the circumstances in the proviso of Article 6, Paragraph 1, Subparagraph 3.
    2. When necessary, verification may be carried out by means other than document verification. For example:
      1. Contact the customer via phone or letter after the account has been opened.
      2. Use information provided by other financial institutions.
      3. Cross validate information provided by the customer with other reliable public information or paid database information.
  9. Enhanced methods shall be adopted for verifying any customer who is identified as a high-risk customer, or exhibits any high-risk factor under provisions relating to the assessment of risk of money laundering or terrorism financing by customers of the Company. For example:
    1. Obtain a reply letter which is signed by the customer himself/herself or by an authorized person of the customer, legal person, or organization, and which is in reply to a letter mailed to the address provided by the customer, or make telephone inquiries.
    2. Obtain supporting evidentiary materials regarding information on an individual's wealth and sources of funds.
    3. Obtain supporting evidentiary materials on the sources and flow of funds of a legal entity, organization, or trustee of a trust, such as a list of main suppliers, or a list of main customers.
    4. Onsite visit.
  10. Prior to completion of customer identity verification measures by the Company, no business relationships may be established with the customer. However, those meeting all of the following requirements may first obtain information on the identity of the customer and its beneficial owner(s) and complete the verification after the establishment of a business relationship:
    1. Money laundering and terrorism financing risks are effectively managed, including adopting risk management procedures with respect to the circumstances under which a customer may utilize the business relationship to complete a transaction prior to verification.
    2. It is necessary to do so to avoid interruption to the customer's normal conduct of business.
    3. Verification of the identities of the customer and its beneficial owner(s) will be completed as soon as reasonably practicable after the establishment of a business relationship. In the event verification of the identities of the customer and its beneficial owner cannot be completed within a reasonably practicable time limit, the business relationship must be terminated and the customer shall be notified in advance.
  11. If the Company allows a customer to establish a business relationship before customer identity verification is completed, relevant risk control measures shall be adopted, including:
    1. Stipulating a deadline for completion of customer identity verification.
    2. Before completion of customer identity verification, the supervisory officer of the business unit shall examine the business relationship with the customer and report customer identity verification progress to senior officers on a regular basis.
    3. Before the completion of customer identity verification, the number and types of the customer's transactions shall be restricted.
    4. The Company shall stipulate the "reasonably practicable time limit" in Item 3 of the preceding Subparagraph using RBA and in accordance with different risk ratings. Illustrative examples are as follows:
      1. Customer identity verification procedures shall be completed no later than 30 working days after establishing a business relationship.
      2. If customer identity verification procedures are not completed within 30 working days after establishing a business relationship, the Company shall temporarily suspend the business relationship with the customer, and avoid conducting any further transactions (except when it is feasible to return the funds to their original source).
      3. If customer identity verification procedures are not completed within 120 days after establishing the business relationship, the Company shall terminate the business relationship with the customer.
  12. When a customer is a legal entity, the Company shall ascertain whether it can issue bearer shares by examining the customer's articles of incorporation, or requesting the customer to issue a statement, or by other means, and with respect to any customer that has issued bearer shares, any one of the following measures shall be adopted to ensure that the information on the beneficial owners is updated:
    1. Request the customer to require its bearer share holders who have controlling interest in the legal entity to register their identities with the customer, and request the customer to notify the Company when the identity of a shareholder who has controlling interest in the legal entity changes.
    2. Request the customer to, after every shareholder meeting, give the Company updated information on its beneficial owner(s), and provide information on shareholders who hold a certain percentage of bearer shares. However, the customer shall promptly notify the Company when the customer learns, for any other reason, about any change in the identity of a shareholder who has controlling interest in the legal entity.
  13. When the Company conducts CDD, it shall use a database established internally or external information sources to examine whether the customer or any of its beneficial owner(s) or senior management personnel is currently or has ever been a politically exposed person either in the domestic or a foreign government or in an international organization.
    1. If the customer or a beneficial owner of the customer is currently a politically exposed person in a foreign government, the customer shall be directly deemed a high-risk customer, and enhanced due diligence ("EDD")measures specified under all Items in Article 6, Paragraph 1, Subparagraph 1 shall be adopted.
    2. If the customer or a beneficial owner is currently a politically exposed person in the domestic government or an international organization, the Company shall assess the corresponding risks before establishing a business relationship with the customer, and shall reassess such risks every year thereafter. For a customer that has been recognized by the Company as a high-risk customer, EDD measures specified under all Items in Article 6, Paragraph 1, Subparagraph 1 shall be adopted.
    3. If any senior management personnel of a customer is currently a politically exposed person either in the domestic or a foreign government or in an international organization, the Company shall consider the senior management personnel's influence over the customer to determine whether to adopt the EDD measures specified under all Items in Article 6, Paragraph 1, Subparagraph 1.
    4. Regarding a politically exposed person either in the domestic or a foreign government or in an international organization who is not incumbent, the Company shall consider relevant risk factors and then assess the person's influence, and identify through RBA whether the provisions in the preceding three Items should be applied to the person.
    5. The preceding four Items also apply to family members and close associates of any politically exposed person. The scope of family members and close associates shall be determined as provided in the latter part of Article 7, Paragraph 4 of the Money Laundering Control Act.
    6. When a beneficial owner or senior management personnel of a customer that is listed in Subparagraph 7, Item 3, Sub-items 1, 2, 3, or 8 is a politically exposed person, the provisions of Items 1 to 5 of this Subparagraph do not apply.
  14. Other compliance matters in connection with CDD measures:
    1. When the Company establishes a business relationship with a customer or when it is suspected there is insufficient information for customer identification, government-issue or other identification documents shall be utilized for conducting CDD and for providing a record thereof.
    2. The Company shall adopt EDD measures for customers that conduct transactions through persons acting on their behalf.
    3. The Company shall adopt enhanced review for customers that are blacklisted by other financial institutions.
    4. The Company shall use CDD procedures that enable it to identify non-face-to-face customers with the same effectiveness as the identification of other customers, and must further exercise special and adequate measures to mitigate risk.
    5. When a business relationship is established over the Internet, the process shall be conducted in accordance with relevant operational procedures established by the Association and approved for future reference by the competent authority.
    6. When a customer mandates or authorizes another to establish a business relationship, or when the Company does not discover a suspicion about a customer until after the Company has already established the business relationship with the customer, the Company must verify the situation via telephone or written correspondence, or by making an onsite visit.
    7. When a business relationship is established via telecommunications, the process shall be conducted in accordance with relevant operational procedures established by the Association and approved for future reference by the competent authority.
    8. If, without violating any laws and statutes, the Company discovers or finds it necessary to assume that funds flowing through a customer's account come from corruption or abuse of public assets, the Company shall refuse to process the transactions or shall terminate the business relationship altogether.
    9. When the Company is unable to complete relevant CDD procedures for a customer, it shall consider reporting the transaction suspected of money laundering or terrorism financing related to the customer.
    10. When the Company suspects that a customer or a transaction involves money laundering or terrorism financing, and has reason to believe that carrying out CDD procedures may disclose information to the customer, it may refrain from performing the procedures and report the transaction suspected of money laundering or terrorism financing instead.
    11. For customers requesting discretionary futures trading, thoroughly understand their financial condition as per their information sheet. If necessary, request them to provide written proof files or perform onsite visits. If their status and income are obviously incommensurate with their request, and the source of funds is unclear, the Company shall pay particular attention as to whether they may be engaged in money laundering activities.
    12. Other matters requiring attention in establishing business relationships shall, without exception, be handled in accordance with the internal operating rules and procedures of the Company.
  15. Contractual stipulations may be adopted to provide for the handling of the following circumstances, as follows:
    1. The Company may refuse business dealings or terminate business relations at its sole discretion under circumstances specified in Subparagraph 1, Item 8.
    2. For customers such as those unwilling to comply with review, refusing to provide information on beneficial owners or persons who exercise controlling interest over the customer, or unwilling to explain the nature and purpose of the transaction and sources of the funds, and so on, the Company may temporarily suspend or terminate its business relationship with the customer.
  16. The Company shall report transactions suspected of money laundering or terrorism financing in accordance with Article 10 of the Money Laundering Control Act when it establishes a business relationship or conducts a transaction with any counterparty specified in Subparagraph 1, Item 8. If that counterparty is an individual, legal entity, or organization that is designated for sanctions under the Terrorism Financing Prevention Act, the Company, from the day it becomes aware of such circumstance, shall refrain from engaging in any of the acts set out in Article 7, Paragraph 1 of the Terrorism Financing Prevention Act, and shall carry out reporting procedures as set out in the Terrorism Financing Prevention Act (download the format to be used from the website of the Ministry of Justice Investigation Bureau). If any circumstance specified in Article 6, Paragraph 1, Subparagraphs 3 and 4 of the Terrorism Financing Prevention Act already exist for the Company before the aforesaid counterparty was designated for sanctions, the Company shall apply to the Counter Terrorism Financing Advisory Council for permission in accordance with the related sub-laws of the Terrorism Financing Prevention Act.
Article 5     The Company's CDD measures shall include ongoing due diligence on customer identity, and shall be conducted in accordance with the following provisions:
  1. The Company shall conduct CDD on existing customers on the basis of materiality and risk level, and conduct due diligence on existing relationships at appropriate times after giving due consideration to whether and when CDD measures have been previously undertaken and the adequacy of information so obtained. The aforesaid appropriate times shall include, at a minimum:
    1. When the customer sets up additional accounts or establishes additional business relationships.
    2. When it is time for periodic review of the customer as scheduled on the basis of materiality and risk level, according to RBA.
    3. When it becomes known that there is a material change to the customer's identity or background information.
  2. The Company shall conduct ongoing due diligence on the business relationship to scrutinize transactions undertaken throughout the course of the relationship, to ensure that the transactions being conducted are consistent with the Company's knowledge of the customer, its business and risk profile and, where necessary, the sources of funds.
  3. The Company shall periodically review the adequacy of the information obtained regarding customers and beneficial owners and ensure that the information is kept up to date; for high-risk customers, in particular, reviews shall be conducted a minimum of once every year; meanwhile the review frequency for other customers shall be determined by RBA.
  4. Identification and verification may be conducted based on existing customer records from previously conducted CDD procedures. Therefore, transactions may be carried out and mandated investment funds to increased or decreased without repeatedly identifying and verifying customer identity. However, if the Company has any suspicions with regard to the veracity or adequacy of the customer's information, or if the customer is found to be involved in transactions suspected of money laundering or terrorism financing, or if the operation of the customer's transactions or accounts differs significantly from that in its normal course of business, the customer's identity shall be reconfirmed in accordance with Article 4.
Article 6     The extent to which CDD measures and ongoing due diligence measures specified in Article 4, Subparagraph 3 and the preceding Article should be conducted shall be determined through RBA that includes:
  1. For high-risk circumstances, the Company shall perform enhanced CDD or ongoing due diligence measures by additionally adopting a minimum of the following enhanced measures:
    1. Before establishing or entering a new business relationship, the Company shall obtain the approval of senior management personnel with the appropriate level of approval authorization based on internal risk considerations.
    2. The Company shall take reasonable measures to understand the sources of the customer's wealth and funds. The sources of funds mean the real sources of the funds; for example, salary and wages, investment income, and real estate transactions.
    3. Conduct enhanced ongoing monitoring of business relationships.
  2. For customers from countries or regions at high risk for money laundering or terrorism financing, the Company shall conduct enhanced measures consistent with the risks identified.
  3. For lower-risk circumstances, simplified measures may be applied which shall be commensurate with the lower risk factors. However, simplified measures are not allowed in any of the following circumstances:
    1. Such customers come from high-risk regions or countries that have not adopted effective anti-money laundering (AML)/counter terrorism financing (CFT) measures, including but not limited to countries or regions announced by international anti-money laundering organizations and relayed by the FSC as being severely deficient in countering money laundering and combating terrorism financing, and countries/regions that fail to comply or full comply with recommendations made by international anti-money laundering organizations.
    2. Where there are sufficient grounds to suspect that the customer or transaction is involved in money laundering or terrorism financing.
    The Company may adopt the following simplified due diligence measures:
  1. Reduce the frequency of customer identity information updates.
  2. Lower the level of ongoing monitoring, and establish a reasonable threshold amount as the basis for reviewing transactions.
  3. When the purpose and nature of the type of transaction or the established business relationship can be inferred from the transactions or relationship themselves, the Company is not required to further collect specific information or carry out special measures to examine the purpose and nature of the business relationship.
Article 7     The Company shall perform CDD measures by itself. However if it is otherwise provided in laws and statutes or FSC regulations that the Company may rely on third parties to perform the identification and verification of the identities of customers, persons acting on behalf of a customer, and beneficial owners or the purpose and intended nature of the business relationship, the Company shall still bear the ultimate responsibility for such CDD measures and shall comply with the following provisions:
  1. The Company shall be able to immediately obtain the necessary information concerning CDD measures.
  2. The Company shall take adequate steps to ensure that identification information and other relevant documentation relating to the CDD requirements are made available from the third party it relies on upon request without delay.
  3. The Company shall ensure that the third party it relies on is regulated, supervised or monitored, and has adopted appropriate measures for compliance with CDD and record-keeping requirements.
  4. The Company shall ensure that the jurisdiction where the third party it relies on is located adopts AML/CFT regulations that are consistent with the standards established by the FATF.
Article 8     The Company's watch list filtering mechanisms for customers and connected parties of transactions shall be handled in accordance with the following provisions:
  1. The Company shall, using RBA, establish policies and procedures for watch list filtering of customers and connected parties of transactions so as to detect, match, and filter whether customers, or the senior management personnel, beneficial owners or connected parties of transactions of customers are individuals, legal entities or organizations designated for sanctions under the Terrorism Financing Prevention Act, or are terrorists or terrorist groups identified or investigated by a foreign government or an international organization. If applicable, such procedures shall be implemented in accordance with the provisions in Subparagraph 16 of Article 4.
  2. The policies and procedures watch list filtering of customers and connected parties of transactions shall include a minimum of matching and screening logics as well as implementation procedures and evaluation standards, and shall be documented.
  3. The circumstances of watch list filtering shall be recorded and stored in accordance with the time period specified in Article 12.
  4. The filtering mechanism shall be tested, including testing for the following aspects:
    1. Whether the sanctions list and threshold settings are based on RBA.
    2. Correctness and completeness of data input and corresponding fields in the system.
    3. Matching and filtering logic.
    4. Model validation.
    5. Correctness and completeness of data output.
  5. Based on the test results, confirm whether the filtering mechanism is still capable of adequately reflecting risks, and modify the mechanism in a timely manner.
Article 9     The Company's ongoing monitoring of accounts and transactions shall be conducted in accordance with the following provisions:
  1. The Company shall progressively make use of information systems to integrate the basic information and transaction information of the entire company's customers, thereby allowing the head office and branches to carry out inquiries for AML/CFT purposes, so as to strengthen its ability to monitor accounts and transactions. The Company shall also establish internal control procedures for requests and inquiries as to customer information made by various units, and shall exercise care to ensure the confidentiality of such information.
  2. Policies and procedures for account and transaction monitoring shall be established using RBA, and the information system shall be used to assist in the detection of suspicious ML/TF transactions.
  3. The Company shall review its policies and procedures for account and transaction monitoring based on AML/CFT statutes, the nature of the customers, business size and complexity, money laundering and terrorism financing trends, and related information gathered from internal and external sources, as well as its internal risk assessment results, and shall update those policies and procedures periodically.
  4. Policies and procedures for account and transaction monitoring shall include, at a minimum, complete money laundering and terrorism financing monitoring indicators, parameter settings, monetary threshold amounts, alerts and monitoring operations, and examination procedures and reporting standards for monitored cases, and shall be documented.
  5. The mechanism of the preceding Subparagraph shall be tested, including testing for the following aspects:
    1. Internal control process: Examination of the roles and responsibilities of personnel or units relating to the account and transaction monitoring mechanism.
    2. Correctness and completeness of data input and corresponding fields in the system.
    3. Detection scenario logic.
    4. Model validation.
    5. Data output.
  6. The Company shall further examine the customer's identity when it discovers or has reasonable grounds to suspect that one of its customers, the customer's funds or assets, or transactions that a customer plans to conduct or already has conducted are related to money laundering or terrorism financing, regardless of the monetary amount or value, and regardless of whether the transaction is completed.
  7. The red flags for suspicious ML/TF Transaction are listed in the Appendix. However, the Appendix may not be exhaustive. The Company shall choose or develop suitable red flags that should be watch-listed as possible money laundering or terrorism financing activities based on its own asset scale, geographical distribution, business characteristics, the natures and transaction attributes of its customer groups, and its internal risk assessment of money laundering and terrorism financing or information regarding normal transaction activities.
  8. The reasonableness of identified watch-listed red flag transactions under the preceding Subparagraph shall be determined on a case-by-case basis (the determination of reasonableness may include: determining whether there are situations such as transactions that are incommensurate with a customer's identity, income level, or business scale, unrelated to the nature of a customer's business, inconsistent with a customer's business model, or have no reasonable economic purpose, use, or explanation, or which involve unclear or inadequately explained source of funds), and records of the examination shall be kept. When a transaction is examined and determined not to be a transaction suspected of money laundering or terrorism financing, the reasons for the exclusion shall be recorded and analyzed. For any transaction suspected of money laundering or terrorism financing, the Company shall perform CDD measures and keep related documentations, and furthermore shall file a report with the MJIB within 10 business days of the date on which the Company internally discovers and confirms that there is a suspicion of money laundering or terrorism financing.
  9. The Company shall identify via RBA which red flags for suspicious ML/TF transactions as listed in the Appendix require establishing an information system to aid in their monitoring. Regarding red flags for suspicious ML/TF transactions that are not included for monitoring by the information system, the Company shall also use other methods to help its employees identify suspicious ML/TF transactions. The assistance of information system cannot completely replace employee judgment. The Company shall continue to strengthen the training of its employees so that its employees are able to identify suspicious ML/TF transactions.
  10. During the term of the discretionary futures trading agreement, contact the customer frequently and pay attention to and stay up to date with their financial situation. Visit the customer at least once a year to modify or supplement their information sheet with the additional information gathered; do so with the aim of aiding in the detection of suspicious ML/TF transactions.
    Reporting of suspicious ML/TF transactions:
  1. When the Company's employees discover abnormal transactions or suspicious ML/TF transactions, they shall immediately report to the supervisory officer.
  2. Upon receipt of the aforementioned report, the supervisory officer shall promptly decide if it is indeed a matter that should be reported. If it is determined that the matter should be reported, the supervisory officer shall instruct the case handler to fill out a report form immediately (download the format to be used from the website of the MJIB).
  3. The report shall be submitted and approved by the unit supervisor, after which it shall be forwarded to the chief AML/CFT officer.
  4. After the report is approved by the chief AML/CFT officer, it shall be immediately reported to the MJIB.
  5. If the transaction suspected of money laundering or terrorism financing represents an obviously serious or urgent case, the Company shall promptly report to the MJIB by fax or other feasible method, and then immediately supplement the written materials. However, if the Company has received an acknowledgment of receipt from the MJIB by fax, no written report is required. The Company shall keep the fax containing acknowledgment of receipt on record.
  6. The Company shall submit to the FSC a report for future reference describing the pattern and number of transactions suspected of money laundering and filed with the authorities in the previous year, if any, within 15 days after the end of a fiscal year. Copies shall also be forwarded to the Chinese National Futures Association.
    Confidentiality of reported information:
  1. All Company employees shall uphold confidentiality with respect to information filed in reports of transactions suspected of money laundering or terrorism financing. The Company shall provide its employees with training or instructional materials to prevent information disclosure during interactions between employees and customers and in the course of daily operations.
  2. Documents relating to these reported matters shall be treated as confidential documents. If confidential information is disclosed under any circumstances, the Company shall take corresponding measures under applicable provisions.
  3. The Company's employees may instantly access customer information and transaction records in accordance with the Company's internal regulations for the purpose of performing their AML/CFT duties, but such individuals are nevertheless still required to comply with confidentiality requirements.
    Ongoing monitoring of accounts or transactions shall be recorded and stored in accordance with the time period specified in Article 12.
Article 10     Before the Company offers new products or services, or launches new business categories (including new delivery mechanisms, employment of new technology on existing or new products or businesses), products should undergo money laundering and terrorism financing risk assessments so as to establish corresponding risk management measures and reduce the occurrence of risks identified.
Article 11     The Company shall process currency transactions above a certain amount in accordance with the following provisions:
  1. Customer identity verification and keeping of related records of the transactions.
  2. The Company's customer identity verification measures shall be conducted in accordance with the following provisions:
    1. The Company shall verify the identity of its customer on the basis of the documentary proof of identity, passport, Alien Permanent Resident Certificate, or Alien Resident Certificate provided thereby, and shall record the customer's full name, date of birth (year/month/day), address, telephone, transaction account number, transaction amount, and identity document number. If the customer can be verified as the owner of the transaction account, further identity verification is not required, but the transaction record should specify that the transaction is carried out by the account owner him/her/itself.
    2. If a transaction is processed by a person acting on behalf of the customer, the Company shall verify the identity of the person acting on behalf of the customer on the basis of the documentary proof of identity, passport, Alien Permanent Resident Certificate, or Alien Resident Certificate provided by the person, and shall record the full name, date of birth (year/month/day), address, telephone, transaction account number, transaction amount, and identity document number.
  3. The Company shall file a report using electronic media (download the format to be used from the website of the MJIB) with the MJIB within 5 business days after the transaction is completed. If the Company, for a legitimate reason, is unable to file the report by electronic media, it may file the report in writing with the consent of the MJIB (download the format to be used from the website of the MJIB).
  4. The retention period for reporting information and related records submitted to the Ministry of Justice Investigation Bureau shall be determined pursuant to the stipulations of Article 12.
Article 12     The Company shall keep records of all business relationships and transactions with its customers in hardcopy or electronic form in accordance with the following provisions:
  1. All necessary records on transactions, both domestic and international, shall be kept by the Company for a minimum of 5 years, or for longer periods as required by the law. The above necessary records include:
    1. Full name and account number of customer engaging in transactions.
    2. Transaction dates.
    3. Types of currency and monetary amounts.
  2. For large currency transactions above a certain amount, verification records and records of reports filed and transactions shall be kept in their original form for a minimum of 5 years.
  3. For reports of suspected money laundering and terrorism financing transactions, records of reports filed and transactions shall be kept in their original form for a minimum of 5 years.
  4. The Company shall keep the following information for a minimum of 5 years after the business relationship ends, or for longer periods as required by the law.
    1. All records obtained through CDD measures, such as copies or records of official identification documents such as passports, Alien Permanent Resident Certificate, Alien Resident Certificate, national ID cards, driver's licenses, or similar documents.
    2. Account files.
    3. Business correspondence, including inquiries to establish the background and purpose of complex, unusual transactions, and the results of any analysis undertaken.
  5. Transaction records kept by the Company shall be sufficient to permit reconstruction of individual transaction so as to provide, if necessary, evidence for identification of criminal activity.
  6. It shall be ensured that the Company makes transaction records and CDD information rapidly available to the competent authorities when such requests are made with appropriate authority.
  7. When a case is being investigated under the law, even if the retention period for related verification records and transaction records have expired, the documents shall continue to be properly stored and may not be destroyed until the case is closed.
Article 13     Chief AML/CFT officer:
  1. The Company shall allocate adequate dedicated AML/CFT personnel and resources in accordance with its scale and risks, and the board of directors shall appoint one senior officer to be the chief AML/CFT officer who shall be granted adequate authority of office to coordinate and supervise AML/CFT operations; it shall also be ensured that AML/CFT personnel and the chief officer do not concurrently hold any positions involving a conflict of interest with their AML/CFT duties.
  2. The chief AML/CFT officer in the preceding Subparagraph is responsible for the following matters:
    1. Supervising planning and implementation of the policies and procedures for identification, assessment, and monitoring of ML/TF risks.
    2. Coordinating and supervising the implementation of comprehensive identification and assessment of ML/TF risks.
    3. Monitoring risks relating to ML/TF.
    4. Developing AML/CFT programs.
    5. Coordinating and supervising the implementation of AML/CFT programs.
    6. Confirming compliance with AML/CFT-related statutes, including related templates or self-discipline regulations formulated by the affiliated financial industry association and approved for future reference by the FSC.
    7. Supervision of reporting suspicious ML/TF transactions to the MJIB and the reporting of assets and property interests of counterparties designated by the Terrorism Financing Prevention Act and the locations of such assets and interests.
  3. The chief AML/CFT officer under Subparagraph 1 shall report to the board of directors and supervisors (or the audit committee) at a minimum of every 6 months. When any material violations of statutes are found, the chief AML/CFT officer shall promptly report to the board of directors and supervisors (or the audit committee).
  4. A foreign business unit of the Company shall take its business scale and risks into overall consideration to arrange adequate and sufficient AML/CFT personnel, and appoint a person to be the officer responsible for coordinating and supervising AML/CFT matters.
  5. The appointment of the AML/CFT supervisory officer by the Company's foreign business unit shall be conducted in compliance with the statutes of the host jurisdiction and requirements of the local competent authority. The supervisory officer shall have adequate authorities of office to coordinate and supervise AML/CFT matters, including the ability to communicate directly with the chief AML/CFT officer of Subparagraph 1. He or she shall be full-time in the position of AML/CFT supervisory officer, except when concurrently holding the position of legal compliance officer. If the AML/CFT supervisory officer concurrently holds any other position, the foreign business unit shall communicate with the local competent authority to ensure that there is no likelihood of a conflict of interest, and report to the FSC for future reference.
Article 14     The implementation, internal auditing, and statement of the AML/CFT internal control system:
  1. The Company's domestic and foreign business units shall assign a member of the senior management to be the AML/CFT supervisory officer who shall be responsible for supervising matters relating the implementation of the AML/CFT operations of his/her business unit. A business unit shall conduct self-assessments in accordance with the Regulations Governing the Establishment of Internal Control Systems by Service Enterprises in Securities and Futures Markets.
  2. The Company's internal audit unit shall audit the following matters in accordance with regulations and issue an audit opinion:
    1. Whether the money laundering and terrorism financing risk assessments and AML/CFT programs meet related statutory and regulatory requirements and are implemented faithfully.
    2. The effectiveness of the AML/CFT programs.
  3. Responsibilities of the internal audit unit of the Company:
    1. The internal audit unit shall conduct periodic audits in accordance with the internal control measures adopted and other relevant provisions, and carry out testing of the effectiveness of the AML/CFT program and the quality of risk management in its operations, departments, and branches (or subsidiaries).
    2. The audit method shall encompass independent transaction tests, including screening relevant transactions involving products, customers, and geographic areas that the Company has assessed as high-risk, and verifying that the Company is effectively implementing the applicable AML/CFT provisions.
    3. Audit personnel shall submit an audit report. The chief AML/CFT officer shall summarize deficiencies found in the audit and such cases shall be provided for reference in employee in-service training programs.
    4. Audit personnel who intentionally conceal any major violations discovered shall be subject to disciplinary actions by the head office.
  4. The general manager/president of the Company shall supervise all units in scrupulously assessing and reviewing the implementation of the AML/CFT internal control system. An AML/CFT internal control system statement shall be jointly signed by the chairperson of the board, the general manager/president, the chief internal audit officer, and the chief AML/CFT officer, and shall be submitted to the board of directors for approval. The content of the statement shall be disclosed on the Company's website within 3 months after the end of every fiscal year, and shall be publicly announced and filed on the website designated by the FSC.
  5. For an R.O.C. branch office of a foreign financial institution, the responsible person of the R.O.C. branch office who is authorized by the board of directors of the head office will be responsible for matters relating to the board of directors or supervisors provided in these Model Guidelines. The statement of the preceding Subparagraph shall be jointly signed and submitted by the responsible person of the R.O.C. branch office who is authorized by the board of directors of the head office, the chief AML/CFT officer, and the chief internal audit officer responsible for the R.O.C. region.
Article 15     Employee hiring and training:
  1. The Company shall establish prudent and appropriate employee selection and appointment procedures, including review of the integrity and professional knowledge employees should possess to perform their duties.
  2. The Company's AML/CFT personnel, chief AML/CFT officer, and the AML/CFT supervisory officers of domestic business units shall meet one of the following requirements within 3 months after his/her appointment, and related mechanisms for control and management shall be established to ensure compliance with regulations:
    1. The officer has served as dedicated legal compliance or AML/CFT personnel for at least 3 years.
    2. The designated AML/CFT personnel and chief AML/CFT officer have attended at least 24 hours of courses held by institutions recognized by the FSC, and have passed examinations and obtained certificates of completion for such courses. Supervisory officers of domestic business units have attended at least 12 hours of courses held by institutions recognized by the FSC, and passed examinations and obtained certificates of completion for such courses. However, legal compliance officers concurrently serving as chief AML/CFT officer, or compliance personnel who concurrently serve as AML/CFT personnel, are deemed to meet the qualification requirements in this Item after they have attended 12 hours of AML/CFT educational training offered by institutions recognized by the FSC.
    3. Obtained domestic or international AML/CFT professional certification held by institutions recognized by the FSC.
  3. A person under the preceding subparagraph who is appointed before June 30, 2017 shall be deemed as qualified if he or she meets any one of the following qualification requirements.
    1. Meets the qualification requirements in Item 1 or Item 3 of the preceding Subparagraph prior to June 30, 2017.
    2. Meets the qualification requirements in Item 2 of the preceding Subparagraph within the following time limits:
      1. The Company's AML/CFT personnel and chief AML/CFT officer: within 6 months after appointment.
      2. Supervisory officers of the Company's domestic business units: within 1 year after appointment.
  4. The Company's chief AML/CFT officer and personnel, and AML/CFT supervisory officers of domestic business units, shall attend a minimum of 12 hours of AML/CFT educational training held by an internal or external unit agreed by the chief AML/CFT officer in accordance with Article 13, Subparagraph 1. The content of the training shall cover, at a minimum, newly amended statutes, and trends and patterns in money laundering and terrorism financing risks. If in the current year a person has obtained a domestic or international AML/CFT professional certification issued by an institution recognized by the FSC, it may be used to offset his or her training hours for the year.
  5. The supervisory officers of foreign business units, chief AML/CFT officer, and AML/CFT personnel shall have expertise in money laundering prevention, be well informed in relevant local statutes, and attend not less than 12 hours of AML/CFT educational training offered by foreign competent authorities or relevant institutions every year. If no such training is available, the officers and personnel may attend AML/CFT courses offered by internal or external training units agreed to by the chief AML/CFT officer in accordance with Article 13, Subparagraph 1.
  6. Appropriate content and hours of AML/CFT educational training shall be arranged for the Company's directors, supervisors, general manager/president, compliance personnel, internal audit personnel, and business personnel according to the nature of their job duties, to familiarize them with their AML/CFT duties and equip them with the professional knowhow to carry out those duties.
    When any of the following circumstances exists with respect to an employee, sample checks of the business matters handled by that employee shall be conducted, and assistance from the internal audit unit may be requested as necessary:
  1. The employee leads an extravagant lifestyle that is incommensurate with his or her level of income.
  2. The employee has arranged for leave, but cancels the leave without reason.
    Employees who have made the following contributions to AML/CFT work shall be adequately rewarded:
  1. Employees who discover and report suspected money laundering or terrorism financing transactions according to AML regulations that lead to the prevention or resolution of criminal cases by the police.
  2. Employees who receive AML/CFT training either domestically or abroad and achieve outstanding results, or who gather and present valuable research materials on foreign statutes that aid in the AML/CFT activities of the Company.
    Orientation and on-the-job training may be conducted as follows:
  1. Orientation: Training for new employees shall include a certain number of hours of training courses relating to AML/CFT statutes and financial services personnel's legal responsibilities, so as to familiarize new employees with relevant provisions and responsibilities.
  2. On-the-job training:
    1. Preliminary legal awareness training: After the Money Laundering Control Act and the Terrorism Financing Prevention Act enter into force or are amended, the Company shall conduct legal awareness training as quickly as possible. Personnel shall be familiarized with the Money Laundering Control Act, the Terrorism Financing Prevention Act, and related laws and regulations, and the Company's compliance measures shall be explained to them. The chief AML/CFT officer shall be responsible for the planning and design of the training and the employee training unit will thereafter be responsible for conducting the training.
    2. Regular on-the-job training:
      1. The employee training department shall offer regular annual training courses for study by employees, so as to improve employees' judgment, ensure that AML/CFT functions are effectively performed, and prevent employees from violating laws. Courses relating to this training may be arranged in other suitable professional training classes.
      2. In addition to instructors trained by the Company, academics and experts may also be hired as necessary to teach AML/CFT training programs.
      3. In addition to introducing related statutes, the courses shall also introduce actual case histories so that employees can understand the characteristics and typologies of money laundering and terrorism financing, and can spot transactions suspected of money laundering or terrorism financing.
      4. The chief AML/CFT officer shall periodically check up on employees' attendance at training, and shall urge employees who have not attended training to participate in relevant training in accordance with actual needs.
      5. In addition to internal on-the-job training, the Company may also select employees for participation in training courses held by external training institutions.
  3. Topical lectures: To enhance employees' understanding of AML/CFT statutes, the Company may invite academics and experts to give topical lectures.
Article 16     Other matters of attention
  1. The Company's employees shall decline to provide services to customers and notify the supervisory officer if the customer exhibits any of the following circumstances:
    1. Refuses to provide relevant information when informed that relevant information must be provided for the purpose of identity verification in accordance with the law.
    2. Any individual or organization coerces or intends to coerce the Company's employees into forgoing documentation of transaction records or keeping and filing of submitted forms.
    3. Attempts to persuade an employee to forgo the completion of mandatory transaction information.
    4. Inquires about the possibility of avoiding reporting requirements.
    5. Eager to explain that the source of their funds is legal or that no money laundering is being conducted.
    6. Insists that a transaction must be completed immediately, without a reasonable explanation.
    7. The customer's description is clearly inconsistent with the actual transaction.
    8. The customer attempts to offer one of the Company's employees something in exchange for the Company's services.
  2. If the customer uses beneficiary certificates to set liens or as collateral, the Company shall verify the customer's motives after learning of such conduct and keep verification records. If the customer is suspected of money laundering or terrorism financing, the Company shall report to the Ministry of Justice Investigation Bureau immediately.
  3. In the event futures trust enterprises or managed futures enterprises branch out into other lines of business, Model Guidelines for Anti-Money Laundering and Countering Terrorism Financing pertaining to these new businesses shall also apply.
Article 17     The Company shall establish its own Guidelines with reference to the Model Guidelines for Futures Trust Enterprises and Managed Futures Enterprises Anti-Money Laundering and Countering Terrorism Financing Policies and Procedures. The Guidelines shall take effect upon the approval of the board of directors and be submitted to the FSC for future reference. The Guidelines shall be reviewed on an annual basis. The same applies to any amendment thereto.