AML 13.3 AML 13.3 Suspicious Activity Report
Relevant Personmust ensure that where the Relevant Person's MLROreceives a notification under AML Rule 13.2.2, the MLRO, without delay:(a) inquires into and documents the circumstances in relation to which the notification made under AML Rule 13.2.2 was made;(b) determines whether in accordance with Federal AML legislation a Suspicious Activity Report must be made to the FIU and documents such determination;(c) if required, makes a Suspicious Activity Report to the FIU as soon as practicable; and(d) notifies the DFSAof the making of such Suspicious Activity Report immediately following its submission to the FIU.
Where, following a notification to the
MLROunder 13.2.2, no Suspicious Activity Report is made, a Relevant Personmust record the reasons for not making a Suspicious Activity Report.Derived from RM117/2013 [VER9/07-13]
AML 13.3.3 AML 13.3.3
Relevant Personmust ensure that if the MLROdecides to make a Suspicious Activity Report, his decision is made independently and is not subject to the consent or approval of any other person.Derived from RM117/2013 [VER9/07-13]
AML 13.3.3 Guidance1.
Relevant Personsare reminded that the failure to report suspicions of money laundering or terrorist financing may constitute a criminal offence that is punishable under the laws of the State.2. SARs under Federal AML legislation should be sent to the FIU via the FIU's electronic system or by other means approved by the FIU.3. In the preparation of a SAR, if a Relevant Personknows or assumes that the funds which form the subject of the report do not belong to a customer but to a third party, this fact and the details of the Relevant Person'sproposed course of further action in relation to the case should be included in the report.4. If a Relevant Personhas reported a suspicion to the FIU, it must in accordance with the Federal AML legislation provide any additional information requested by the FIU. The FIU may instruct the Relevant Personon how to continue its business relationship, including effecting any transaction with a person. If the customer in question expresses his wish to move the funds before the Relevant Personreceives instruction from the FIU on how to proceed, the Relevant Personshould immediately contact the FIU for further instructions.
AML 13.3.4 [Deleted]Deleted by DFSA RM196/2016 (Made 7th December 2016). [VER13/02-17]