Effective Date: 05 August 2020
The purposes of the EXMO’s Anti-Money Laundering, Counter-Terrorist Financing and Know Your Customer Policy (hereinafter — the “AML/CTF and KYC Policy“) is to identify, prevent and mitigate possible risks of EXMO being involved in illegal activity.
To confirm with international and local regulations, EXMO has implemented effective internal procedures to prevent money laundering, terrorist financing, drug and human trafficking, proliferation of weapons of mass destruction, corruption and bribery and to react correspondingly in case of any form of suspicious activity from its Users.
Money Laundering can be defined as: ‘the conversion or transfer of property, knowing that such property is derived from criminal activity, or from an act of participation in such activity, for the purposes of concealing or disguising the illicit origin of the property, or assisting any person who is involved in the commission of such activity to evade the legal consequences of his action.’
Terrorist Financing can be defined as: ‘the wilful provision or collection, by any means, directly or indirectly, of funds with the intention that the funds should be used, or in the knowledge that they are to be used, in order to carry out terrorist acts.’
All firms must adhere to the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLRs), and be aware of the guidance set down by the Joint Money Laundering Steering Group (JMLSG) which provides guidelines within the United Kingdom on how firms should conduct Due Diligence on their customers, and the recommendations from the Financial Action Task Force (FATF), an inter-governmental body whose purpose is the development and promotion of national and international policies to combat money laundering and terrorist financing.
Other legislation in relation to AML/CTF are:
AML/CFT and KYC Policy includes:
To help fight the funding of terrorism and money laundering activities, the Law requires all financial institutions to obtain, verify and record information that identifies each person or entity who opens an Account. We are required by Law to ask you to provide your name, address, date of birth and other information about you, your organisation or persons related to your organisation that will allow us to identify you before we approve your Account. We also may ask you to provide certain identifying documents, such as your driver’s license or passport or your organisation’s articles of incorporation and may obtain credit and other consumer reports to assist us in verifying your identity and in determining whether you satisfy our account criteria. Unless you provide the requested information and documentation, we may not be able to open your Account.
By applying for an EXMO Account, you agree to provide the information and documentation requested by EXMO and consent to EXMO’s acquisition of credit and other consumer reports about you for the purposes described above.
The EXMO’s Customer due diligence (“CDD“) procedure requires the Users to provide EXMO with reliable, independent source documents to identify them and confirm their residential address. Such documents may include, for example, a national ID card, an international passport, a bank statement, a utility bill. For such purposes, EXMO reserves the right to collect the Users’ identification information for the purposes of compliance with its AML/CFT and KYC Policy.
EXMO will take steps to confirm the authenticity of documents and information provided by Users. EXMO will also look to verify identification information through secondary sources, and EXMO reserves the right to investigate further the cases of Users where EXMO is not satisfied with the documentation submitted.
EXMO reserves the right to verify the identity of the User on an ongoing basis, especially when its identification information has been changed or its activities appear suspicious (unusual for a particular User). In addition, EXMO reserves the right to request from the Users current documents, even if they have been authenticated in the past.
After confirming the identity of the user, EXMO may refuse to provide Services to the User if EXMO’s Services are suspected to be used for the purposes of conducting illegal activities.
EXMO has a regulatory requirement to verify the sources of Fiat Money and/or Cryptocurrency to know that the sources of the Funds that Users use to trade with are legitimate. EXMO will require evidence of the source of Funds; this may include bank statements for Fiat Money or a video showing wallet transaction details for Cryptocurrency.
Users who intend to use payment cards for the purpose of consuming Services must undergo a card check in accordance with the instructions available on the EXMO’s Site.
EXMO uses independent third-party companies for the following:
EXMO reserves the right to terminate or refuse Accounts on the basis of information attained by the third-party companies this includes Users connected to “high-risk” wallets.
The Chief Compliance Officer is the person, duly authorised by EXMO, whose duty is to ensure the effective implementation and enforcement of the AML/CFT and KYC Policy. It is the Chief Compliance Officer’s responsibility to supervise all aspects of EXMO’s anti-money laundering and counter-terrorist financing procedures, in particular:
The Chief Compliance Officer is the contact point for EXMO with law enforcement agencies for the purposes of prevention of money laundering, terrorist financing and other illegal activities.
EXMO Users must complete the EXMO’s identity verification process (who you are) before trading. After verification is completed the User consents to transaction Monitoring, EXMO analyses User’s transactional patterns (what they do).
EXMO relies on data analysis as a risk-assessment and suspicious activity detection tools. These tools perform a variety of compliance-related tasks, including capturing data, filtering, record-keeping, investigation management and reporting.
In connection with the AML/CFT and KYC Policy, EXMO will:
However, the above list is not exhaustive and the Chief Compliance Officer will monitor Users’ transactions on a regular basis in order to define whether such transactions are to be reported and treated as suspicious.
In order to meet its obligations regarding Anti-Money Laundering (AML) and Counter Terrorist Financing (CTF) EXMO completes an annual AML Risk Assessment. The aim of the AML Risk Assessment is to prevent criminals using EXMO to launder money by highlighting risks and assessing controls EXMO has put in place. A risk-based approach is taken to identify Users and monitor how they use our Services.
The Chief Compliance Officer is responsible for managing financial crime risks and making improvements in financial crime risk management through identifying the general and specific money laundering risks that EXMO is facing, determining how these risks are mitigated by the EXMO’s AML controls and establishing the residual risk that remains for EXMO.
EXMO’s AML CTF and KYC Policy sets out EXMO’s risk appetite with regard to AML/CTF. To reduce this risk EXMO does not accept clients who are resident in countries deemed to be above the EXMO’s risk appetite.
The sources used with regards to the categorisation were:
It must me clear that EXMO’s policy is that all clients resident in the below countries are banned and cannot be accepted as a client. Any clients that try to open an account will be denied and any funds returned to source.
EXMO also does not accept any clients from disputed territories as they do not produce recognised official documents, these include: