This refers to Prudential Regulations M-1 to M-5 for Corporate/Commercial Banking and other related regulations on governance along with instructions issued on the subject from time to time.

2.         In order to protect Banks/DFIs from risks arising out of money laundering and terrorist financing activities, implementation and strict compliance of the following needs to be ensured.

a)         Banks/DFIs should conduct enhanced due diligence (including obtaining senior management approval) while establishing relationship with Non-Governmental Organizations (NGOs)/Not-for-Profit Organizations (NPOs) and Charities to ensure that these accounts are used for legitimate purposes and the transactions are commensurate with the stated objectives and purposes.

b)         The accounts should be opened in the name of relevant NGO/NPO as per title given in its constituent documents mentioned in sub-para (f) below. The individuals who are authorized to operate these accounts and members of their governing body should also be subject to comprehensive Customer Due Diligence (CDD). Banks/DFIs should ensure that these persons are not affiliated with any proscribed entity, whether under the same name or a different name.  

c)         In case of advertisements through newspapers or any other medium, especially when bank account number is mentioned for donations, Banks/DFIs will ensure that the title of the account is the same as that of the entity soliciting donations. In case of any difference, immediate caution should be marked on such accounts and the matter should be considered for filing Suspicious Transaction Report (STR).

d)         Personal accounts shall not be allowed to be used for charity purposes/collection of donations.

e)        All existing relationships of NGOs/NPOs should be reviewed by June 30, 2012 to ensure that these organizations, their authorized signatories, members of their governing body and the beneficial owners are not linked with any proscribed entities and persons, whether under the same name or a different name. In case of any positive match, Banks/ DFIs should consider filing STR and/or take other actions as per law.

f) The following documents are being prescribed for opening the accounts of NGOs/NPOs under the existing Annexure-VIII to Prudential Regulation M-1:

Sr. No	Nature of Account	Documents/Papers to be Obtained
VIII	NGOs/NPOs/ Charities	(i) Certified copies of: (a) Registration documents/certificate. (b) By-laws/Rules & Regulations. (ii) Resolution of the Governing Body/Executive Committee, if it is the ultimate governing body, for opening of account and authorizing the person(s) to operate the account. (iii)Attested photocopies of valid CNICs of the authorized person(s) and members of Governing Body/Executive Committee, if it is the ultimate governing body. (iv) Any other documents as deemed necessary including its annual accounts/ financial statements or disclosures in any form which may help to ascertain the detail of its activities, sources and usage of funds in order to assess the risk profile of the prospective customer.

3.         The State Bank places great significance on the continuous training of banks’ staff especially relating to AML/CFT. In this regard, the progress made by Banks/ DFIs has also been encouraging, yet the relevant training combined with optimum use of technology is becoming inevitable due to ever changing nature of methods and trends in illicit activities. It is also important to test the capability and knowledge of the relevant staff on periodic basis. The online trainings and AML/CFT Tests of varying nature are available in the market which offer an opportunity for Banks/DFIs to equip their staff with relevant skills as per respective roles and responsibilities within the institution. Such Training Programs and Tests can either be purchased or developed by Banks/DFIs themselves. As the periodic training of the front end staff is crucial, which is the first point of contact with customers, Banks/DFIs are advised to either purchase or internally develop comprehensive AML/CFT Computer-based/online Training Programs and Tests. In this respect, a plan to acquire/develop such a Training Program and Tests along with clear timelines for implementation should be furnished to Director, BPRD latest by April 15, 2012.

4.         Banks/DFIs should note that the subject regulations are binding instructions issued under Banking Companies Ordinance, 1962 and any non-compliance shall be dealt with appropriate action under the relevant law.

5.         Please acknowledge receipt.