If you have a computer and an internet connection, you must submit STRs to FINTRAC electronically. Consult the list of the financial transactions that must be reported to FINTRAC by reporting entities. (h) every transaction identifier, including the sending and receiving addresses. FINTRAC also provides guidance on the obligations set out by the PCMLTFA and associated Regulations and how individuals and … (vérifier l'identité d'un client), A corporation or trust that has minimum net assets of $75 million CAD on its last audited balance sheet. issuing or redeeming money orders, traveller's cheques or anything similar; or. In Part A of the STR, you must provide information about you as the reporting entity, and about the physical location where the completed or attempted suspicious transaction took place. Once your Batch file has been accepted and validated, FINTRAC will send you a Batch "Acknowledgement" message that will include the validation rule number(s) for any report(s) that require further action and any warning messages. (a) a department or an agent of Her Majesty in right of Canada or an agent or mandatary of Her Majesty in right of a province; (b) an incorporated city or town, village, metropolitan authority, township, district, county, rural municipality or other incorporated municipal body in Canada or an agent or mandatary in Canada of any of them; and, (c) an organization that operates a public hospital and that is designated by the Minister of National Revenue as a hospital authority under the. Describe any actions taken by you, in addition to reporting to FINTRAC, in response to the suspicious transaction. (a) in the case of a person, their date of birth and the nature of their principal business or their occupation; and. Reports submitted through FINTRAC web reporting are immediately validated by the application. Additional foreign money services businesses (FMSBs) obligations. For example, based on facts, having reasonable grounds to believe that a transaction is probably related to the commission or attempted commission of an ML/TF offence. (a) enables a person or entity to access a credit or debit account or one that is issued for use only with particular merchants; or. FINTRAC recently issued a new guidance to explain the changes which are being implemented. Lawyer Jacqueline Shinfield, an expert in FINTRAC regulations, says financial institutions need to be prepared for some sweeping changes in the ways Electronic Funds Transfers (EFTs) are done in Canada. This request is usually sent by email. If you are a real estate broker or sales representative, the suspicious transaction reporting requirement does not apply to your activities related to property management. In addition, you cannot use a provincial health card for identification purposes where it is prohibited by provincial legislation. FINTRAC has explained that this provision is meant to address circumstances where there is a change in the beneficial ownership information in the course of a client relationship that is identified as part of the ongoing monitoring process. The settlor ensures that legal responsibility for the trust is given to a trustee and that the trustee is provided with a trust instrument document that explains how the trust is to be used for the beneficiaries. FINTRAC introduces tools to assist reporting entities with AML obligations. In order to implement an effective AML/ATF program your comp… What’s Old is New Again, Well Updated. (g) every reference number that is connected to the transaction and has a function equivalent to that of an account number. For example, a client or a potential client walks away from conducting a $10,000 cash deposit. (personne morale ou fiducie dont l'actif est très important), A contravention of the Act or the regulations that is designated as a violation by regulations made under subsection 73.1(1).Footnote 73 (violation), An exchange, at the request of another person or entity, of virtual currency for funds, funds for virtual currency or one virtual currency for another.Footnote 75 (opération de change en monnaie virtuelle), A record respecting a virtual currency exchange transaction—including an entry in a transaction register—that sets out: Footnote 76, In respect of an electronic funds transfer (EFT) report or a large virtual currency transaction report, a working day is a day between and including Monday to Friday. (bénéficiaire), A branch is a part of your business at a distinct location other than your main office. A credit card acquiring business is a financial entity that has an agreement with a merchant to provide the following services: A central cooperative credit society, as defined in section 2 of the Cooperative Credit Associations Act, or a credit union central or a federation of credit unions or caisses populaires that is regulated by a provincial Act other than one enacted by the legislature of Quebec.Footnote 14 (centrale de caisses de crédit), In respect of a document or source of information that is used to verify identity, is up to date, and, in the case of a government-issued photo identification document, must not have been expired when the ID was verified. (iii) advance payments to which the policy holder is entitles that are made to them by the insurer; (d) a credit union central when it offers financial services to a person, or to an entity that is not a member of that credit union central; and. A separate Part E must be completed for each disposition that was conducted or attempted on behalf of an entity. entering the FINTRAC STR number and date of submission; providing the reasonable grounds to suspect (facts, context and ML/TF indicators) that were included in the first STR submission; and. Learn more about who must report, what to report, how to report electronically and how to provide voluntary information to FINTRAC when you are not a reporting entity. Part E needs to be completed if you indicated in Part B2 that the transaction was conducted "On behalf of an entity". This means that there is a possibility of an ML/TF offence and that you do not have to prove the facts or information that led to your suspicion. (b) if the amount is received from a person, their name, address and date of birth and the nature of their principal business or their occupation; (c) if the amount is received from or on behalf of an entity, the entity's name and address and the nature of their principal business; (d) the amount of the funds received and of any part of the funds that is received in cash; (e) the method by which the amount is received; (f) the type and amount of each fiat currency involved in the receipt; (g) if applicable, the exchange rates used and their source; (h) the number of every account that is affected by the transaction in which the receipt occurs, the type of account and the name of each account holder; (i) the name and address of every other person or entity that is involved in the transaction, the nature of their principal business or their occupation and, in the case of a person, their date of birth; (j) every reference number that is connected to the transaction and has a function equivalent to that of an account number; and. In Part G or H of the STR, it is important to avoid jargon or non-public references, such as terms and acronyms that are specific to your organization. (examen bisannuel de l'efficacité), In respect of a document or information that is used to verify identity, appears legitimate or authentic and does not appear to have been altered or had any information redacted. If there is an error with the structure or format of the file then you will receive a "Rejected" message and the Batch file and reports within it will not be processed any further. You are expected to periodically re-assess the client to verify that the level of suspicion has not changed. In Part D of the STR, you must provide information about the individual who completed or attempted to complete the transaction. FINTRAC validation rules identify possible reporting problems or information gaps but do not cover all scenarios. With one exception, the amendments come into force on June 1, 2020 or June 1, 2021. This guidance came into force on 1st June 2020. Reporting entities that cannot report electronically must use our paper forms. In this respect, where the beneficial ownership information in fact changes, there is a requirement to confirm that the new information is accurate. When determining whether an individual has conducted or attempted a suspicious transaction on anyone else's behalf, it is not about who owns or benefits from the money, or who is carrying out the transaction or activity, but rather about who gives the instructions to handle the money or conduct the transaction or particular activity. (ordonnance de communication), A person or entity that is authorized under provincial legislation to act as an agent or mandatary for purchasers or vendors in respect of the purchase or sale of real property or immovables.Footnote 58 (courtier ou agent immobilier), A person or entity that, in any calendar year after 2007, has sold to the public, other than in the capacity of a real estate broker or sales representative: Footnote 59. There is no official acknowledgement of receipt when you send a completed paper STR form to FINTRAC. Reporting entities are required to ensure that their compliance programs always reflect the evolving nature of the AML regime. [Indicateurs de blanchiment d'argent (BA) et de financement du terrorisme (FT) (indicateurs de BA/FT)], A person or entity that has a place of business in Canada and that is engaged in the business of providing at least one of the following services: Footnote 48, An individual or entity authorized to deliver services on behalf of a money services business (MSB). This new report follows an earlier guidance on temporary flexibility issued by FINTRAC on March 25, 2020. PCMLTFR, SOR/2002-184, s. 2(1) (as will be amended when SOR/2019-240 comes into force). For example, this can include doing one or more of the following: A record that indicates the receipt of an amount of funds and that contains the following information: Footnote 60, Has the same meaning as in subsection 248(1) of the Income Tax Act.Footnote 61 (régime de pension agréé), Has the same meaning as in subsection 248(1) of the Income Tax Act.Footnote 62 (fonds enregistré de revenu de retraite), In respect of information that is used to verify identity, means that the source is well known, reputable, and is considered one that you trust to verify the identity of the client. No individual or entity will be prosecuted for sending an STR in good faith or for providing FINTRAC with information about suspicions of money laundering or terrorist financing. The corporation's shares or units have to be traded on a Canadian stock exchange or on a stock exchange designated under subsection 262(1) of the Income Tax Act. For example, an individual arrives at a bank with cash and purchases a bank draft. FINTRAC web reporting FINTRAC web reporting is a secure application accessed through the internet that allows you to manually submit individual reports, as well as correct them if needed. Suspicious transaction reporting requirements under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA) and associated Regulations are applicable to all reporting entity sectors. For example, if you are referring to specific account activity in this section the details of those accounts and transactions should be entered in the structured fields. If the individual is a professional, the occupation provided should reflect the type of profession, such as "petroleum engineer" or "family physician". Registration is valid for a two-year period and must be renewed before expiry. FINTRAC is mandated by Part 1 and 1.1 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA) (2000), which is the primary AML/CFT legislation in Canada. For example, through the course of your assessment, you may have identified new ML/TF indicators or new parties transacting with your client. A terrorist financing offence is knowingly collecting or giving property (such as money) to carry out terrorist activities. However, even if you do contact law enforcement directly about your suspicions of money laundering or terrorist financing, you must still submit an STR to FINTRAC. Training employees to perform this function is considered to be part of your compliance program obligations. The report validation processes for FINTRAC web reporting and Batch are different. For more information on your record keeping obligations related to STRs, see your sector specific record keeping guidance. If the individual is a consultant, the occupation provided should reflect the type of consulting, such as "IT consultant" or "forestry consultant". (b) a private key of a cryptographic system that enables a person or entity to have access to a digital representation of value referred to in paragraph (a). The funds in a transaction may have been used in several ways, therefore resulting in more than one disposition having to be detailed in your STR. (évaluation des risques), A person or entity that is referred to in paragraph 5(g) of the Act.Footnote 63 (courtier en valeurs mobilières), In respect of an entity, means: Footnote 64. PCMLTFR, SOR/2002-184, s. 1(2) (as will be amended when SOR/2019-240 comes into force) and PCMLTFSTRR, SOR/2001-317, s. 1(2) (as will be amended when SOR/2019-240 comes into force). (demande de précisions), A person or entity that engages in a financial transaction with another person or entity.Footnote 12 (client), The identifying information that you have obtained on your clients, such as name, address, telephone number, occupation or nature of principal business, and date of birth for an individual. To ensure that the information provided is legible and to facilitate data entry, it would be preferable if the free-text areas of the STR (Parts G and H) were completed using word-processing equipment. FINTRAC Reporting Reporting EFTs of CAD 10,000 or More. These two electronic reporting options are listed below. Reasonable measures include asking your client if they are acting on someone else's instructions or retrieving the information that may already be contained in your records. You may choose to include that information under a separate heading in Part G so that it is properly labeled as new information. Please note that the following are not valid addresses and should not be provided: It is possible that some of the examples above may be included in Part G of the STR because they are relevant but they are not considered a valid address in terms of the client identification. any client identification information not already captured in the transaction details listed in part B, i.e., known aliases or nicknames; additional contact information (phone numbers, email addresses, etc. Its mandate is to facilitate the detection, prevention and deterrence of money laundering and the financing of terrorist activities, while ensuring the … While some delay is permitted, it must have a reasonable explanation. In this context, the report must be completed promptly, taking into account the facts and circumstances of the situation. (représentant du service), The review and documentation of potential money laundering/terrorist financing risks in order to help a business establish policies, procedures and controls to detect and mitigate these risks and their impact. (b) in the case of an entity, the nature of its principal business. (valide), To refer to certain information or documentation, in accordance with the prescribed methods, to identify a client. Do not enter "N/A" or "n/a" or substitute any other abbreviations, special characters (e.g., "x", "-" or "*") or words (e.g., unknown) in these fields. To this end, FINTRAC will ensure that the reporting entity’s policies and procedures effectively reflect the obligation to determine who is a terrorist group or listed person, but we do not prescribe the list(s) to which the reporting … If there is more than one disposition, you will need to complete a separate Part B2 for each disposition. (h) every reference number that is connected to the transaction and has a function equivalent to that of an account number; (j) the following details of the remittance of, or in exchange for, the cash received: (ii) if the remittance is in funds, the type and amount of each type of funds involved; (iii) if the remittance is not in funds, the type of remittance and its value, if different from the amount of cash received; and, (iv) the name of every person or entity involved in the remittance and their account number or policy number or, if they have no account number or policy number, their identifying number; and. FINTRAC's STR paper reporting form can be printed from the reporting forms webpage or you can request a form to be faxed or mailed to you by calling FINTRAC at 1-866-346-8722. It is important to FINTRAC's analysis process and disclosure recipients that the STRs you submit are comprehensive and of high quality. Please note that a Social Insurance Number (SIN) must not be reported to FINTRAC. The MOU will provide each of the OSC and FINTRAC with access to information regarding the other's audit processes and findings with respect to the anti-money laundering/anti-terrorist financing ("AML/ATF") compliance programs of registered firms. Of particular note are the revised Administrative Monetary Penalties (AMPs) policy (the AMPs Policy) and the notice on Voluntary Self-Declaration of Non-Compliance, each of which is discussed below. State the ML/TF indicators used to support your suspicion. For example,'99-999-9999-9999' would indicate a two-digit country code, a three-digit city code and an eight digit local number. If the information is available, you can reference related STRs in Part G by entering the FINTRAC STR number and date of submission. Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA), S.C. 2000, c 17, s. 2(1). (constituant), A foreign financial institution that: Footnote 65, Includes an electronic signature or other information in electronic form that is created or adopted by a client of a person or entity referred to in section 5 of the Act and that is accepted by the person or entity as being unique to that client. (f) that is initiated or finally received by a person or entity referred to in paragraphs 5(a) to (h.1) of the Act for the purpose of internal treasury management, including the management of their financial assets and liabilities, if one of the parties to the transaction is a subsidiary of the other or if they are subsidiaries of the same corporation. It is possible that your organization has an automated or triggering system that detects unusual or suspicious transactions that would require assessment by a person to determine if you must submit an STR. Reporting entities and related partners will need to carefully review their AML policies and procedures to ensure they will be compliant once the amendments are in force. This section includes standardized instructions for the level of effort that is required for certain fields as well as standard instructions for completing fields for identification, addresses, telephone numbers and occupation. Section A For more information on Batch reporting, see the following links and documents. FINTRAC will also review the steps a reporting entity takes to determine whether its business possesses or controls the property of a terrorist group or listed person, and to submit a report to FINTRAC. If assessed by FINTRAC and there are reasonable grounds to believe that a transaction is related to the commission of an ML/TF offence, and you have not begun an assessment of the facts, context or ML/TF indicators, you may be sighted for a missed STR. It is your responsibility to ensure that the information provided in an STR is complete and accurate. (a) a director of the entity who is one of its full-time employees; (b) the entity's chief executive officer, chief operating officer, president, secretary, treasurer, controller, chief financial officer, chief accountant, chief auditor or chief actuary, or any person who performs any of those functions; or. 1996, c. 334.Footnote 8 (société de notaires de la Colombie-Britannique), A person who is a member of the Society of Notaries Public of British Columbia.Footnote 9 (notaire public de la Colombie-Britannique), Coins referred to in section 7 of the Currency Act, notes issued by the Bank of Canada under the Bank of Canada Act that are intended for circulation in Canada or coins or bank notes of countries other than Canada.Footnote 10 (espèces), A government, organization, board or operator that is referred to in any of paragraphs 5(k) to (k.3) of the Act.Footnote 11 (casino), An individual that holds the title of professional certified translator granted by a Canadian provincial or territorial association or body that is competent under Canadian provincial or territorial law to issue such certification. (jour ouvrable). If applicable, you must provide the information if you obtained it at the time of the transaction, or if it is contained within your institution. (autorité compétente), Is a transaction conducted by a person or entity, that is completed and results in the movement of funds, virtual currency, or the purchase or sale of an asset. An offence under section 83.02, 83.03 or 83.04 of the Criminal Code or an offence under section 83.12 of the Criminal Code arising out of a contravention of section 83.08 of that Act. It does not include a transmission or instructions for the transfer of funds: Footnote 19, Has the same meaning as in subsection 248(1) of the Income Tax Act.Footnote 20 (régime de participation des employés aux bénéfices), A body corporate, a trust, a partnership, a fund or an unincorporated association or organization.Footnote 21 (entité), Actual events, actions, occurrences or elements that exist or are known to have happened or existed. (d) the mother or father of their spouse or common-law partner; or. For more information on how to identify individuals and examples of acceptable photo identification documents, refer to FINTRAC's guidance on Methods to verify the identity of an individual and confirm the existence of a corporation or an entity other than a corporation. The disposition is the purchase of the bank draft. In the case of SWIFT messages, only SWIFT MT-103 messages and their equivalent are included. Are required to ensure that the transaction being reported new regulatory requirements the same status as completed... May use the paper report form and accurate individual or entity starts to conduct a transaction is not completed effective! Systems or software such as transaction monitoring tasks and may question delayed reports number and of... Actions that you can avoid there is more than one transaction is not.... Have reasonable grounds to suspect that a transaction is reported in an STR FINTRAC. 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