ARTICLE
7 January 2025

BVI FSC And FIA Release Comprehensive Guidance On Enhanced Customer Due Diligence

H
Harneys

Contributor

Harneys is a full-service offshore law firm offering expert legal advice on the laws of jurisdictions including the British Virgin Islands, Cayman Islands, Luxembourg, and more. Established in 1960, the firm has grown to 11 global locations with over 180 lawyers, serving top law firms, financial institutions, investment funds, and high-net-worth individuals. Harneys provides comprehensive legal support across transactional, contentious, and private client matters, often in collaboration with Harneys Fiduciary, which delivers corporate and wealth management services. Known for its role in shaping offshore jurisprudence, the firm also advises on legislative developments and excels in handling complex cross-border transactions and disputes.

On 26 November 2024, the British Virgin Islands Financial Services Commission (FSC) and Financial Investigation Agency (FIA) jointly issued new guidance titled "Effective Enhanced Customer Due Diligence Measures".
British Virgin Islands Finance and Banking

On 26 November 2024, the British Virgin Islands Financial Services Commission (FSC) and Financial Investigation Agency (FIA) jointly issued new guidance titled "Effective Enhanced Customer Due Diligence Measures". This document aims to support Financial Institutions (FIs) and Designated Non-Financial Businesses and Professions (DNFBPs) in managing risks tied to money laundering, terrorist financing, and proliferation financing, particularly when handling higher-risk customers or situations.

Key highlights:

  • Focus on compliance: The guidance reinforces compliance with local regulations, including the Anti-Money Laundering and Terrorist Financing Code of Practice and the Regulatory Code.
  • Enhanced due diligence (ECDD): Supervised entities are urged to employ ECDD when dealing with higher-risk customers, such as politically exposed persons, ensuring an understanding of customers' source of wealth and funds.
  • Third-party introducers: It outlines how ECDD can mitigate risks associated with customers introduced through third-party relationships.
  • Beneficial ownership: Emphasis is placed on identifying ownership structures, particularly in complex or high-risk scenarios.

The guidance offers examples of situations requiring ECDD and stresses the importance of reporting suspicious activities to the FIA. It also underscores the need for robust policies, controls, and ongoing monitoring of customer relationships.

The guidance is available on the FSC's website here and on the FIA's website here.

FSC's press release can be accessed here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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