70. Are reporting entities required to enforce enhanced due diligence policies and procedures regarding politically exposed persons?

Honduras

Honduras

Answer
Yes
Source

Article 1 and 39; Bylaw of the regime of obligations, Control Measures and Duties of the Supervised Institutions in Relation to the Special Law against Money Laundering, 2016. 

 

Comment

The Obligatory Subject must establish policies of Due Diligence with the Customer (DDC) to identify as a type of client to Nationally Exposed Persons (PEPs) and foreigners, who have access to public resources or decision-making power and influence; also, it must be determined if the transactional behavior corresponds reasonably with its functions, level and responsibility and if they are related to the activity and declared income and its Client profile.

In the case of PEP, the name of the employees must be requested at the beginning or during the relationship. the names of their relatives up to the second degree of consanguinity and affinity. On the other hand, determine if there is a relationship with a legal entity where one of the following is fulfilled criteria:
a) Possess directly or indirectly 25% or more of the assets of the legal structure of the client company of the Obliged Subject;
b) That holds a significant responsibility in the control, management or direction of the legal structure of the client company of the Obliged Subject.
The obliged subject must pay special attention for their level of risk to transactions carried out by the PEPs, their relatives, close associates, companies, federations and non-profit organizations, related. The Obligated Subject must implement at least:
c) Appropriate risk management systems to determine if a potential client, a client or the actual beneficiary, is a PEP;
d) Processes to obtain the approval of senior management or administrators who according to their structure they are authorized to establish or initiate a relationship financial or commercial with clients or if the final beneficiary of the account or operation, it is classified as PEP;
e) Controls to determine if current clients and final beneficiaries are PEP. From be found, you must obtain the approval of senior management or administrators that according to their structure they are authorized, to continue the financial relationship or commercial;
f) Measures to determine the source or origin of the funds and / or the wealth of the clients or final beneficiaries identified as PEP;
g) Identify the clients or final beneficiaries in their information systems be classified as PEP.

h) A permanent and exhaustive surveillance of the relationship and products of this type of client.
i) Carry out an adequate management and risk management that allows you to identify the
risk rating for each PEP, thus implementing the measures of due diligence.
j) In relation to life insurance policies, they must adopt measures to determine if the beneficiaries and / or when appropriate, the final beneficiary are PEP.
This must be done at the latest, at the time of the claims claim. When identify major risks, The Obliged Subject must inform senior management before proceeding to the payment of the policy to perform the proceedings on the relationship commercial with the owner. 

For the purposes of this question, obliged subjects are: 


Natural or legal persons responsible for prevention and detection of illicit activities, through compliance with obligations to identify, control, manage or mitigate the risk of money laundering and financing of terrorism, which include the Institutions Supervised by the National Commission of Banks and Insurance, as well as Designated Non-Financial Activities and Professions (APNFD).

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