In the context of Correspondent Banking Relationships with Payment Sector participants, LFIs should conduct correspondent due diligence that reflects the unique risks and features of those relationships. As discussed above, in the case of extended, intermediated transaction chains such as those frequently seen in the Payment Sector, each LFI involved is ultimately responsible for monitoring all transactions processed or conducted through the LFI, using the information available to it. Thus, LFIs should be aware of intermediated risk posed by Payment Sector participants—including providers of SVF, retail payment services, and card schemes—that access banking services through their accounts with an LFI. As a result, LFIs should in particular consider: | | • | Regulatory status. As discussed above in section 2.1.4, jurisdictions take different approaches to regulating the Payment Sector, and not all Payment Sector participants that would qualify as financial institutions under the UAE’s legal and regulatory framework are required to be licensed and regulated in their home jurisdiction. When offering services to a foreign entity, LFIs should consider not just its licensing status under its home jurisdiction’s laws, but its licensing status should it carry out those same activities in the UAE. Where a foreign entity would require a license in the UAE, LFIs should treat it as a financial institution and subject it to correspondent due diligence. In these cases, LFIs should be particularly cautious to ensure that their correspondent implements an AML/CFT program that at least meets the requirements of the AML-CFT Law and Decision, and be aware that the correspondent is likely not supervised to ensure effective implementation of this program, increasing its risk.
| | | • | Merchant Due Diligence. LFIs should ensure that their Payment Sector participant customers conduct appropriate due diligence not just on customers but on merchants as well. LFIs should request and review the correspondent’s due diligence policies, procedures, and processes to determine the adequacy of its due diligence standards for merchant and consumer customers.
| | | • | Controls related to nesting. When an LFI offers services to a correspondent without knowing that nesting is taking place, it is unable to take appropriate measures to manage the risk of the nested relationship and, thus, likely to be exposed to higher risks. LFIs should therefore always understand all purposes for which the correspondent account will be used and ensure that the CDD and monitoring applied to the relationship will assess whether nesting is taking place.
| | | • | Testing and auditing. On a risk-basis, LFIs should consider taking active measures to test the correspondent’s AML/CFT program. This can include, at a minimum, reviewing the correspondent’s internal audit reports and can extend to requiring the correspondent to hire an external auditor, conducting on-site reviews and discussions at the correspondent’s premises.
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