Sender of the Payment Services, Inc.
Informational text on prevention of laundering proceeds of crime and financing of terrorism
On prevention of laundering proceeds of crime and financing of terrorism, the increasing sensitivity of the international community, depending on the global dimension of the struggle to maintain that work in this area recently has gained great momentum in international initiatives and regulations. Like many of the countries that share the same sensitivity, and available on the subject in our country attaches great importance to the strengthening of the various legal arrangements are made applications.
Sender Of The Payment Services, Inc.(Sender) the fight against laundering of proceeds of crime and financing of terrorism, beyond compliance with laws and regulations, to adopt and attaches importance to social responsibility. The challenge in question to Sender at the same time, considers to be an important element of alignment and integration with the international system.
The main basis of this information the text;
• Our country is a party to the international initiative, contracts and arrangements,
• No. 6493 Reconciliation Payment and securities Systems, payment services and electronic money Institutions, the law on
• The Turkish Penal Code (Article: 54,55,165,282), • Turkish Criminal Procedure Code
• Recommendations on prevention of laundering proceeds of crime and financing of terrorism with generally accepted international standards and approaches, methods,and applications
• The Law No. 5549 on prevention of laundering proceeds of crime issued based on this law, other applicable legislation (regulations, communiqués etc.), No. 7262 on the Prevention of financing of proliferation of weapons of mass destruction with the Law No. 6415 issued based on this law with other legislation in force on the Prevention of terrorist financing issued based on this law constitutes the law applicable to other legislation.
Prevention of laundering proceeds of crime, financing the proliferation of weapons of mass destruction prevention and Prevention of financing of terrorism, which are published on the current national and international legislation with international standards and recommendations on these issues with the generally accepted approaches, methods and best practices prepared in the context of this policy document, the company, the company’s employees and our business partners that you need to meet and an outline of the application of the principles is presented below the company’s prepared in relation to the matters in question ozgulenmi that contains detailed descriptions and supplemental documents (procedures, workflows, etc.) are available.
“In this document the Law No. 5549 on prevention of laundering proceeds of crime, financing the proliferation of weapons of mass destruction, No. 7262 the law on the prevention, No. 6415 prepared on the basis of this law and the law on prevention of financing of terrorism in regard to ensuring compliance and other regulations and legislation as provided in the provisions specified in the regulations, which include sender as necessary for the fulfillment of legal obligations;
• Sender’s policies, procedures and control methods of the law and ensure compliance of the regulations of agencies authorized by law,
• Sender’s products and services laundering of the proceeds of crime, financing terrorism and financing the proliferation of weapons of mass destruction for the purposes of preventing the exploitation,
• Laundering of proceeds of crime, terrorist financing and the financing and the proliferation of weapons of mass destruction in order to prevent the risk of customers, processes,and services that risk-oriented perspective evaluation
• Employees laundering of the proceeds of crime, terrorist financing and the financing and the proliferation of weapons of mass destruction in relation to the Prevention of legal, administrative and legal responsibilities to be informed about,
Sender of laundering proceeds of crime, financing of terrorism and financing the proliferation of weapons of mass destruction for the purpose of prevention and policy, international agreements and initiatives, the provisions of national law, and in particular the company, seen as an important element of the fight against international system is based on alignment and integration.
Obliged parties
Laundering the proceeds of crime and to be able to deal more effectively with the use of the financial system by criminals to prevent the need for international and domestic financial institutions and some of the other occupational groups were given certain responsibilities for law.
On prevention of laundering proceeds of crime and financing of terrorism compliance with the obligations of the regulations about the program 4. subparagraph H of the article with the line in the creation and execution of the compliance program are under no obligation to Sender.
In this context, prevention of laundering proceeds of crime and financing of terrorism and financing the proliferation of weapons of mass destruction prevention-related duties, powers and responsibilities in terms of the sender board, top Management, headquarters, and domestic offices/branch offices with the legislation of the country where they are located, unless there is a provision to the contrary in abroad, branches, representative offices and subsidiaries and its affiliated managers and employees at all levels who work here covers and is considered liable.
Liabilities
Laundering the proceeds of crime and to be able to deal more effectively with the use of the financial system by criminals to prevent the need for international and domestic financial institutions and some of the other occupational groups were given certain responsibilities for law.
As preventive measures in combating laundering of proceeds of crime and financing of terrorism brought liabilities are described below:
1 – The Client’s Recognition
5549 obliged pursuant to Article 3 hereof law made by the parties themselves or their brokerage transactions before the transaction is made, the participants must ascertain the identity of the NAM or the accounts with the transaction. In accordance with the second paragraph of the article is to determine the nature of the document as a basis for the identification is governed by the Ministry of Finance and the types of transactions that require identification, and some other relevant regulation on procedures and principles in their monetary limits will be determined. Issued on the basis of the authority of the law of laundering proceeds of crime and Terrorism
The suppression of the financing of measures for the customer under the regulations on the recognition of the third part concerning organized. Accordingly;
Obliged parties
• Continually in the plant of the customer relationship, regardless of the amount
• The amount of the transaction or multiple transactions that are linked with each other 85.000 TL total amount of (as 01.02.2023 185.000 TL) or equivalent foreign currency or over this amount when
• The amount of the transaction or multiple transactions electronic transactions that are linked to each other, the total amount of the amount to be determined in the relevant legislation 7.500 TL (01.02.2023 £ 15,000) or equivalent foreign currency or over this amount when
• Suspicious transaction reports in cases that require regardless of the amount
• When there is doubt about the adequacy and accuracy of the information previously obtained customer identification regardless of the amount
• Those who act on behalf of or on behalf of customers and clients,
in accordance with the relevant legislation and to receive information about the identity and to confirm the accuracy of this information, or on behalf of customers must ascertain the identity of those who act on behalf of their clients.
Identification, or business relationships is conducted before the transaction is completed.
Permanent business relationships in receiving information about the purpose and nature of the business relationship.
In the third section of the regulation entitled The Principles for the recognition of the customers, also real people, registered in the Commercial Register of legal persons, associations and foundations, trade unions and Confederations, political parties, non-resident legal entities, unincorporated entities and public institutions concerning identification, identification to those who act on behalf of someone else, to check the authenticity of documents on the basis of confirmation in the following process identification, the recognition of the real and legal persons as beneficiaries special attention to processes that require special attention, customer status and monitoring of the process, technological risks an injunction against a third party, trust the process of denial and termination of the business relationship, relationship, reporting, electronic transfers, risky relations and issues regulations to countries with simplified measures were made.
2 – Suspicious Transaction Reporting
According to the article the first paragraph of Article 4 of law 5549, obliged them through the process attempted to be made by the parties or has been illegally obtained or made subject to whether the assets used for unlawful purposes or any information, doubt or suspicion by the citizens of these processes in case there is an issue that would require MASAK’ a must be reported.
Laundering proceeds of crime and financing of terrorism, Article 27 of the regulation on measures for the suppression of (1)according to Article; suspicious transactions, obliged by the parties or made or attempted to be made subject to them through the processing of the assets; it has been illegally obtained or used for unlawful purposes, in this context, terrorist acts or terrorist organizations, terrorists, those who finance terrorism or related or linked to, or used by them any information, doubt or suspicion, if it is having an issue that would require.
Suspicious transaction reporting; responsible itself in the person of the real person, a legal person liable of legal representatives, managers or people who have them, they are authorized by a legal personality, are fulfilled by the officers assigned to the compliance officer responsible.
According to the second paragraph of Article 4 of the Law No. 5549, obliged, suspicious transaction reports that have been made in Masaka, seconded liability outside of the courtroom during the trial with the control elements control, are unable to explain to anyone, including the parties to those transactions.
3 – obligation to provide information and documents
In accordance with Article 7 of the law 5549 obliged to be requested by the chairman and the audit staff any information, document, and provide access to records or to make any of them in the environment of your password and readable as necessary to give all the necessary information and convenience is responsible to provide complete and accurate.
They requested without prejudice to the provisions regarding the right to defend, you can’t avoid giving out information and document citing the provisions of special laws.
4 – Preservation and presentation
Obliged, in accordance with Article 8 of the Law No. 5549 liabilities imposed by law and transactions of all kinds in the environment; from the date of editing the documents, books and records the date of the last record, identification documents related to kept for eight years from the date of the last transaction is obliged to submit to the authorities on request. Obliged parties regarding identification documents for the beginning date of the period of maintenance of the accounts within the account is closed on the date.
Internal suspicious transaction reports to the presidency of the compliance officers or to the compliance officer for failure to notify the decision document and records notifications notices given by written justifications about questionable transactions, preserve, and present covered by the obligation of it.
5 – provide continuous information
In accordance with Article 6 of the Law No. 5549 obliged parties or intermediaries, they are the transactions exceeding the amount determined by the Ministry of finance are required to notify Masaka.
Required non-public institutions and public institutions in the nature of institutions and organizations from Masaka to provide continuous information may be requested.
6 – Education
Obliged, for the purpose of prevention of laundering proceeds of crime and financing of terrorism of business size, volume of business and to carry out training activities must be compatible to changing conditions.
7 – Internal Audit
Obliged parties, institutions, policies and procedures, risk management, adequate and efficient monitoring and control activities, educational activities, whether it is required the adequacy and effectiveness of the risk policy, the process of the law and the law and regulations issued in accordance with the institution’s policy and procedures are executed and not executed in accordance with a risk based approach and ensure that matters are audited on an annual basis with.
Sanctions
Administrative Penalty
According to the first paragraph of Article 13 hereof 5549 of law; the obligation contained in Article 3 hereof identification of the same law, which is the 6th item in the first paragraph of Article 4 obligation to provide continuous information and located in violation of the obligation specified in the relevant legislation by masak suspicious transaction reporting an administrative penalty. The obligation of bank, finance companies, factoring companies, leasing companies, insurance and reinsurance companies, pension companies, Capital Markets Authority or the authorized institution, in case of administrative fines applied in two coats.
Hereof in accordance with the third paragraph of Article 13 of the law referred to in paragraph 5 of the same law, the training of Internal Audit, Control and risk management systems and other measures to rectify shortcomings obliged to behave in a way contrary to obligations at least 30 days is allowed. Does not correct the deficiencies within the given time and taking necessary measures liable for the penalties stated in the first paragraph of Article XIII of the law are applied.
Article 88 of the Law No. 6545 published in the official gazette dated 28.06.2014 added according to the fifth paragraph of Article 13 of law 5549 hereof, the obligation of identification, suspicious transaction reporting obligation, the obligation to provide continuous information and training, internal audit, control and risk management systems and other measures that will be applied to the total amount of penalties for those who breach their obligations required; each obligation for the year where the infringement occurred at the start of the first paragraph of Article 13 of the aforementioned law will apply administrative fines under hereof twice as bank, finance company, a factoring company, leasing company, insurance and reinsurance companies, pension companies, Capital Markets Authority or by the competent institution, except they are specified in the relevant legislation for the remaining candidates, shall not exceed the amount specified in the relevant legislation. Top obliged by the parties from the amount of the penalty will be applied in case of breach of an obligation in the following year the same kind, this line is applied in two coats.
On the other hand, Article 88 of the Law No. 6545 published in the official gazette dated 28.06.2014 different law No. 5549 of the fourth paragraph of Article XIII, according to the same law, 9/A, brought pursuant to electronic notification related to that is deemed to meet the obligations of any person, institution or organization specified in each administrative fines are imposed by the chairperson of the relevant legislation to identify. In this way, a year that will be applied to the total amount of penalties may not exceed the amount specified in the relevant legislation.
Criminal Justice
5549 according to Article 14 of the law specified in the second paragraph of Article 4 of the same law “required of suspicious transaction reports that have been made in liability to anyone outside the court during the trial and seconded control with control elements, they can’t explain” shaped with a breach of the obligation to export and keep the information and documents specified in Article 7 Article 8 in case of violation of obligations, specified in the present imprisonment and shall be fined from one to three years until the day named five thousand.
Penalty Amount
According to the seventh paragraph of Article 17 of the law on Misdemeanors No. 5326; administrative fines for that year 4.1.1961 the beginning of each calendar year with effect from dated in accordance with the provisions of Article 213 of the Tax Procedures Code Article 298 announced the Re-valuation ratio are increased. In this way, administrative fine on account of the flaws of the Turkish lira are not taken into account.
However, Article 13 and Article 16 of Law No. 5549 under Article 28 of the same law contained in the fixed amount with effect from the beginning of each year, for the previous year determined in accordance with Tax Procedure Law No. 213 4/1/1961 which is the Re-valuation ratio by increasing the amount of ten new Turkish lira in the calculations will be applied and will be taken into account in the provision of it.