AML/CFT CDD Questionnaire

The AML/CFT questionnaire provides an overview of Maybank and its

subsidiaries Anti-Money Laundering and Counter Financing of Terrorism
(AML/CFT) policies and practices compliant with relevant laws and Bank
Negara Malaysia (Central Bank of Malaysia) guidelines, as well as its due
diligence requirements associated with the provision of correspondent
banking services in conducting international business.

INSTITUTIONAL INFORMATION
Name of Institution

Malayan Banking Berhad

Country of Incorporation

Malaysia

Registered Ofce

14TH FLOOR, MENARA MAYBANK

100, JALAN TUN PERAK
50050 KUALA LUMPUR
MALAYSIA
Tel : (6)03-2070 8833
Fax : (6)03-2032 4775

Registration Number / Date of Incorporation

3813K / 31st May 1960

SWIFT Code

MBBEMYKL

Corporate Website

www.maybank.com

Regulator Authoritys Name

CENTRAL BANK OF MALAYSIA (BNM)

www.bnm.gov.my

Stock Exchange Listing

Main Market of Bursa Malaysia Securities Berhad (Listed

since 17 February 1962)

Ownership Structure

Please refer to our Annual Report at our website:

www.maybank.com

Management Structure

Please refer to our Annual Report at our website:

www.maybank.com

Principal Activities

All aspects of commercial banking and related financial

services

GENERAL/UNRESTRICTED 2014, Maybank. All Rights Reserved.

Page 1 of 16

ANTI-MONEY LAUNDERING/COUNTER FINANCING OF TERRORISM

Laws and Regulations

Yes

Is money laundering and terrorist financing considered a crime in your country?

Has your country established laws designed to prevent money laundering and terrorist
financing?

Is your institution subject to such laws/ regulations?

In case of conflict between your Home Country AML/CFT laws and/or regulations and
the local laws and/or regulations in the foreign jurisdiction where you have branches
or subsidiaries, do you apply the highest standard?

Does your institution violated AML/CFT legislations in the jurisdictions it operates?

Policies and Procedures

No

Yes

Is your institutions AML/CFT policies and procedures according to local laws, rules,
standards and benchmark against international standards?

Does your institution have written policies and procedures on AML/CFT for all domestic
and foreign business units?

Does your institutions AML/CFT policies and procedures apply to all your branches and
subsidiaries both in the home country and in locations outside of your home country?

Does your institutions AML/CFT policies and procedures require approval of your
Board/Management/Senior Management?

10 Is implementation of AML/CFT policies and procedures monitored on a permanent

basis?

11 Has your Regulator initiated measures/ developments to be in compliance with Foreign

Account Tax Compliance Act (FATCA), as per US-IRS requirement?

12 Has your institution initiated measures/ developments to be in compliance with

Foreign Account Tax Compliance Act (FATCA), as per US-IRS requirement?

13 Does your compliance program include establishing policies, procedures and processes
for managing Economic & Trade Sanctions?

No

If Yes, please indicate the Sanctions program(s) incorporated in your compliance

program:

OFAC

GENERAL/UNRESTRICTED 2014, Maybank. All Rights Reserved.

United Nations

Page 2 of 16

 DFAT (Australia)
HM Treasury
HKMA

European Union
NZRBA
Others (Please specify)

KYC/CDD

Yes

No

14 Does your AML KYC/CDD policies and procedures require to:

a) Identify and verify the identity of customers.

b) Identify and verify beneficial ownership and control of such transaction.

c) Obtain information on the purpose and intended nature of the business

relationship/transaction.

d) Conduct on-going due diligence and scrutiny to ensure the information provided is
updated and relevant.

e) Monitor customers activities to detect suspicious transactions.

f)

Conduct appropriate level of enhanced customer due diligence (ECDD) process for high risk
customers?

g) Keep all the records pertinent to customers identifications and transactions.

h) If Yes to Question 14(g), for how long are records kept?

7 years

15 Does your AML KYC/CDD policies and procedures allow for:

a) Opening or maintaining anonymous accounts.

b) Conducting business with banks having no physical presence in any country i.e.
Shell banks.

16 Does your institution provide services to walk-in customers

17 If Yes to Questions 16, does your institution identify them?

18 How frequent does your institution screen its existing customer database?
19 Has your institution been subject to any investigation, indictment, conviction or civil
enforcement action related to money laundering and terrorism financing in the past
five years.

GENERAL/UNRESTRICTED 2014, Maybank. All Rights Reserved.

Quarterly

Page 3 of 16

20 Does your institution follow FATF recommendations on money laundering and terrorist
financing?

21 Does your institution provide services to Offshore Banks, Internet Banking based
institutions or banks located in high risk areas as highlighted by FATF?

22 Does your institution identify and verify the transactions related to persons/entities
suspected of ML/TF, comprised in official lists of appropriate authorities?

23 Does your institution ensure that effective anti-money laundering and counterterrorism controls are in place on new technologies and when dealing in non-face to
face interactions or through intermediaries?

24 Do you screen your customers and transactions against a particular Sanctions program?

If Yes, please indicate the Sanctions program(s) used:

OFAC
DFAT (Australia)
HM Treasury
HKMA

United Nations
European Union
NZRBA
Others (Please specify)

25 If Yes to Question 24, please state how frequent you conduct this search over your
customer database?
Daily checking for all new accounts prior to on-boarding of customers and/or when
performing transactions (including wired transfers) and quarterly checking for all
accounts (new and existing accounts).
26 Does your institution have systems and processes in place to flag all incoming fund transfer

27 Does your institution have system and processes in place to request complete payer information

28 Do you filter your international telegraphic transfers (e.g. international wire transfers)
against a particular Sanctions program?

instructions which do not have complete payer information?

from the ordering institution in cross border fund transfer instructions if that information is
incomplete and needed?

OFAC
DFAT (Australia)
HM Treasury
HKMA

GENERAL/UNRESTRICTED 2014, Maybank. All Rights Reserved.

United Nations
European Union
NZRBA
Others (Please specify)

Page 4 of 16

29 Does your institution ensure that the business conduct enhanced ongoing monitoring to PEPs

30 Does your institution obtain the approval of senior management for opening of an account for

31 Does the business ascertain the source of wealth and source of funds before accepting a PEP as

and persons / companies clearly related to them in all business areas, in particular the private
banking business.

PEPs?

customer?

AML/CFT Compliance Program

Yes

32 Does your senior officer or a designated Compliance Officer responsible for your
institutions anti-money laundering program?

33 Does your institution provide AML/CFT training to employees that include identification
and reporting of transactions, different forms of money laundering involving the
institutions products and services and internal policies to prevent money laundering?

No

If yes? How frequent is training conducted? On going

34 Does your institution retain records of its training sessions including attendance records
and relevant training materials used?

35 Does your institution communicate new AML/CFT related laws or changes to existing
AML/CFT related policies or practices to employees?

36 Does your institution employ third parties to carry out some of the functions of the
institution?

37 If Yes to Question 36, does your institution provide AML/CFT training to relevant third
parties that include identification and reporting of transactions, different forms of
money laundering involving the institutions products and services and internal controls
to prevent money laundering?

38 Does your institution have policy to protect the employees, if they, in good faith,
report suspicious transactions?

39 Does your institution ensure the confidentiality of Suspicious Transaction Report (STR)
filings or any information that would reveal the existence of a STR?

40 Does your staff understand the issues and potential consequences if they become
involved in tipping off?

41 Is there an Internal Audit function to test the system for prevention of money
laundering and terrorism financing and reviews your institutions AML/CFT Compliance
policy and program?

42 If Yes to Question 41, how frequent is the review conducted?

GENERAL/UNRESTRICTED 2014, Maybank. All Rights Reserved.

Annually

Page 5 of 16

43 Are the results of the review escalated to Senior Management?

44 Are steps taken to close the compliance gaps identified by such reviews?

Risk Assessment

Yes

No

45 Does your ML/TF risk assessment consist of the following risk variables:a) Customer risk (e.g resident or non-resident, type of customers, occasional or one-off, legal
person structure, types of PEP, types of occupation).

b) Geographical location of business or country of origin of customers

c) Products, services, transactions or delivery channels (e.g cash-based, face-to-face or non

face-to-face, cross-border)

46 Does your institution have determine appropriate level of enhanced due diligence
necessary for those categories of customers and transactions that has reason to believe
pose a heightened risk of illicit activities?

Correspondent Banking Relationship

Yes

47 Does your institution allow direct use of the correspondent account by third parties to
transact business on their behalf? (Payable-through accounts)

48 Does your institution have a standard AML/CFT CDD questionnaire that is provided to
correspondent banks?

49 Does your institution gather sufficient information about the Correspondence Banks
customers, its AML Policies and Procedures, whether it possesses license to operate in
its country of origin?

50 Does your institution have policies to reasonably ensure that it only operates with
correspondent banks that possess licenses to operate in their countries of origin?

GENERAL/UNRESTRICTED 2014, Maybank. All Rights Reserved.

No

Page 6 of 16

CONTACT DETAILS
1

Has your institution appointed a Compliance Officer for AML/CFT?

If yes, please give the name and title of Compliance Officer in your institution, his/her
e-mail, address, phone number and fax number for future references.
Name

Jans Lim Mei Lin

Title

Head, Group Risk - Compliance

E-mail

[email protected]

Address

Group Compliance
Malayan Banking Berhad
10th Floor, East Wing,
Menara Maybank,
100, Jalan Tun Perak,
50050 Kuala Lumpur
MALAYSIA

Phone No.

(6)03 20748245

Fax No.

(6)03 20707220

Yes

Signature

Date

12 March 2014

GENERAL/UNRESTRICTED 2014, Maybank. All Rights Reserved.

Page 7 of 16

AML/CFT Policy
Anti-Money Laundering/Counter Financing Of Terrorism (AML/CFT) Policy
Maybank Group is at the forefront of the Government and Bank Negara Malaysias continuous initiatives
and efforts in the prevention of the use of the banking system for illicit, laundering and terrorism
financing activities.
The Group demonstrates its full commitment and support to high standards of compliance with the AntiMoney Laundering/Counter Financing of Terrorism (AML/CFT) requirements by establishing robust and
comprehensive policy, procedures, processes and systems for the prevention and detection of money
laundering and terrorist financing activities.
The enterprise-wide AML/CFT programme adopting a risk-based approach is subject to periodic reviews to
ensure that it remains robust and complies with the requirements of the Anti-Money Laundering and AntiTerrorism Financing Act 2001 (AMLATFA 2001), regulatory guidelines, the Financial Action Task Force
(FATF) Recommendations as well as other applicable International best practices.
Key measures undertaken in Maybank Group include having in place the following:

Policy and procedures approved by the Board of Directors which outline the roles and responsibilities
as well as establish clear accountability of all employees within the Group;
Customer Due Diligence measures which emphasise the importance of ascertaining customers identity
and establishing the ultimate economic beneficiary via documentary and/or non documentary
mechanisms;
Sophisticated filtering and effective detection system to scrutinise customers transactions for
reporting of suspicious activities to the Financial Intelligence and Enforcement Department (FIED),
Bank Negara Malaysia on timely basis;
Screening of individuals and entities against sanction programs such as UNSC and OFAC to ensure that
Maybank Group does not deal with any sanctioned individuals/entities;
Provision of full and timely disclosure of suspicious transactions/circumstances to the relevant
authorities as provided under all applicable laws/respective jurisdictions;
Record keeping of all identification/transaction details obtained for the purpose of customer
identification as well as of all documents in accordance with statutory requirements; and
Regular communication, supplemented with latest updates on AML/CFT and training programs through
various channels were undertaken to raise staff awareness at all levels within the Group.

The extensive infrastructure and resources invested reaffirms the Groups full commitment and strong
support to international efforts in combating money laundering, the financing of terrorism and other
criminal activities.
Entities within the Group, regardless of geographic locations, are strongly committed in ensuring
compliance with the Group-wide AML/CFT Policy as well as applicable AML/CFT legislations within the
jurisdiction they operate in adopting the most rigorous standards.
The Group fully co-operates with the enforcement agencies and competent authority in the investigation
of money laundering and/or financial crime.

GENERAL/UNRESTRICTED 2014, Maybank. All Rights Reserved.

Page 8 of 16

Maybank Group Global USA Patriot Act Certification

CERTIFICATION REGARDING CORRESPONDENT ACCOUNTS FOR FOREIGN BANKS
[OMB Control Number 1505-0184]

The information contained in this Certification is sought pursuant to Sections

5318(j) and 5318(k) of Title 31 of the United States Code, as added by sections 313
and 319(b) of the USA PATRIOT Act of 2001 (Public Law 107-56).
This Certification should be completed by any foreign bank that maintains a correspondent account with
any U.S. bank or U.S. broker-dealer in securities (a covered financial institution as defined in 31 C.F.R.
103.175(f)). An entity that is not a foreign bank is not required to complete this Certification.
A foreign bank is a bank organized under foreign law and located outside of the United States (see
definition at 31 C.F.R. 103.11(o)). A bank includes offices, branches, and agencies of commercial banks or
trust companies, private banks, national banks, thrift institutions, credit unions, and other organizations
chartered under banking laws and supervised by banking supervisors of any state (see definition at 31
C.F.R. 103.11(c)).*
A Correspondent Account for a foreign bank is any account to receive deposits from, make payments or
other disbursements on behalf of a foreign bank, or handle other financial transactions related to the
foreign bank.
Special instruction for foreign branches of U.S. banks: A branch or office of a U.S. bank outside the United
States is a foreign bank. Such a branch or office is not required to complete this Certification with respect
to Correspondent Accounts with U.S. branches and offices of the same U.S. bank.
Special instruction for covering multiple branches on a single Certification: A foreign bank may complete
one Certification for its branches and offices outside the United States. The Certification must list all of
the branches and offices that are covered and must include the information required in Part C for each
branch or office that maintains a Correspondent Account with a Covered Financial Institution. Use
attachment sheets as necessary.
A. The undersigned financial institution, Malayan Banking Berhad (Foreign Bank),on its own behalf and
on behalf of the subsidiaries hereby certifies as follows:
* A foreign bank does not include any foreign central bank or monetary authority that functions as a central
bank, or any international financial institution or regional development bank formed by treaty or international
agreement.

B. Correspondent Accounts Covered by this Certification: Check one box.

This Certification applies to all accounts established for Foreign Bank by Covered Financial
Institutions.

This Certification applies to Correspondent Accounts established by

______________________________________________ [name of Covered Financial Institution(s)]
for Foreign Bank.

GENERAL/UNRESTRICTED 2014, Maybank. All Rights Reserved.

Page 9 of 16

C. Physical Presence/Regulated Affiliate Status: Check one box and complete the blanks.
Please refer to Annex I.

Foreign Bank maintains a physical presence in any country. That means:

Foreign Bank has a place of business at the following street address: 14th Floor, Menara
Maybank, 100 Jalan Tun Perak, 50050 Kuala Lumpur, where Foreign Bank employs one or more
individuals on a full-time basis and maintains operating records related to its banking activities.
The above address is in Malaysia, where Foreign Bank is authorized to conduct banking
activities.
Foreign Bank is subject to inspection by Central Bank of Malaysia (Bank Negara Malaysia), the
banking authority that licensed Foreign Bank to conduct banking activities.

Foreign Bank does not have a physical presence in any country, but Foreign Bank is a regulated
affiliate. That means:
Foreign Bank is an affiliate of a depository institution, credit union, or a foreign bank that
maintains a physical presence at the following street address:
__________________________________, where it employs one or more persons on a full-time
basis and maintains operating records related to its banking activities.
The above address is in ______________________________ (insert country), where the
depository institution, credit union, or foreign bank is authorized to conduct banking activities.
Foreign Bank is subject to supervision by ____________________, (insert Banking Authority),
the same banking authority that regulates the depository institution, credit union, or foreign
bank.

Foreign Bank does not have a physical presence in a country and is not a regulated affiliate.

D. Indirect Use of Correspondent Accounts: Check box to certify.

No Correspondent Account maintained by a Covered Financial Institution may be used to indirectly

provide banking services to certain foreign banks. Foreign Bank hereby certifies that it does not
use any Correspondent Account with a Covered Financial Institution to indirectly provide banking
services to any foreign bank that does not maintain a physical presence in any country and that is
not a regulated affiliate.

E. Ownership Information: Check box 1 or 2 below, if applicable.

1. Form FR Y-7 is on file. Foreign Bank has filed with the Federal Reserve Board a current Form
FR Y-7 and has disclosed its ownership information on Item 4 of Form FR Y-7.
2. Foreign Banks shares are publicly traded. Publicly traded means that the shares are traded on
an exchange or an organized over-the-counter market that is regulated by a foreign securities
authority as defined in section 3(a)(50) of the Securities Exchange Act of 1934 (15 U.S.C.
78c(a)(50)).

GENERAL/UNRESTRICTED 2014, Maybank. All Rights Reserved.

Page 10 of 16

If neither box 1 or 2 of Part E is checked, complete item 3 below, if applicable.

3. Foreign Bank has no owner(s) except as set forth below. For purposes of this Certification,
owner means any person who, directly or indirectly, (a) owns, controls, or has power to vote
25 percent or more of any class of voting securities or other voting interests of Foreign Bank; or
(b) controls in any manner the election of a majority of the directors (or individuals exercising
similar functions) of Foreign Bank. For purposes of this Certification, (i) person means any
individual, bank, corporation, partnership, limited liability company or any other legal entity;
(ii) voting securities or other voting interests means securities or other interests that entitle
the holder to vote for or select directors (or individuals exercising similar functions); and (iii)
members of the same family * shall be considered one person.
Name

Address

* The same family means parents, spouses, children, siblings, uncles, aunts, grandparents, grandchildren, first
cousins, stepchildren, stepsiblings, parents-in-law and spouses of any of the foregoing. In determining the
ownership interests of the same family, any voting interest of any family member shall be taken into account.

F. Process Agent
The following individual or entity:
Malayan Banking Berhad is a resident of the United States at the following street address: 9th Floor,
400 Park Avenue, New York NY 10022 and is authorized to accept service of legal process on behalf of
Foreign Bank from the Secretary of the Treasury or the Attorney General of the United States pursuant
to Section 5318(k) of title 31, United States Code.
G. General
Foreign Bank hereby agrees to notify in writing each Covered Financial Institution at which it maintains
any Correspondent Account of any change in facts or circumstances reported in this Certification.
Notification shall be given within 30 calendar days of such change.
Foreign Bank understands that each Covered Financial Institution at which it maintains a
Correspondent Account may provide a copy of this Certification to the Secretary of the Treasury and
the Attorney General of the United States.

GENERAL/UNRESTRICTED 2014, Maybank. All Rights Reserved.

Page 11 of 16

Foreign Bank further understands that the statements contained in this Certification may be
transmitted to one or more departments or agencies of the United States of America for the purpose of
fulfilling such departments and agencies governmental functions.
I, Jans Lim Mei Lin, certify that I have read and understand this Certification, that the statements
made in this Certification are complete and correct, and that I am authorized to execute this
Certification on behalf of Foreign Bank.

Malayan Banking Berhad

________________________________________
Jans Lim Mei Lin
Head, Group Risk - Compliance
Executed on this 12 March 2014

GENERAL/UNRESTRICTED 2014, Maybank. All Rights Reserved.

Page 12 of 16

Maybank Group Global USA Patriot Act Certification

ANNEX I
ADDRESS

COUNTRY

LOCAL BANKING AUTHORITY

Head Office
Menara Maybank
100, Jalan Tun Perak
50500 Kuala Lumpur
Malaysia

Malaysia

Bank Negara Malaysia

Maybank London
74, Coleman Street
London EC2R 5BN
England

United Kingdom

Financial Services
Authority

Maybank Hong Kong

18/F, Citic Tower
1 Tim Mei Avenue
Central, Hong Kong

Hong Kong

Hong Kong Monetary

Authority

Maybank New York

9th Floor, 400 Park Avenue
New York
N.Y. 10022

United States of America

Federal Reserve Bank/

New York State Bank

Brunei Darussalam

Negara Brunei
Darussalam

Authority Monetary
Brunei Darussalam
Bruneis Ministry of
Finance

Overseas Branches

i. Bandar Seri Begawan Branch

No. 1, Jalan McArthur
Bandar Seri Begawan
BS8711, P.O Box 167
Bandar Seri Begawan
BS8670
ii. Seria Service Centre
8, Jalan Sultan Omar Ali
Seria 7087, PO Box 524
Seria 7005
iii. Gadong Service Centre
Unit 1 & 2, Tingkat Bawah
Bangunan Halimatul Saadiah
Jalan Gadong
Bandar Seri Begawan BE4119

GENERAL/UNRESTRICTED 2014, Maybank. All Rights Reserved.

Page 13 of 16

ANNEX I
ADDRESS

COUNTRY

LOCAL BANKING AUTHORITY

Overseas Branches
Vietnam Operations

Vietnam

State Bank of Vietnam

Lao Peoples Democratic

Republic

National Bank of Lao

China

China Banking Regulatory

Commission and Peoples
Bank of China

Singapore

Monetary Authority of
Singapore

Kingdom of Bahrain

Central Bank of Bahrain

i. Hanoi Branch
Suite 608
63, Ly Thai To
Hanoi, Vietnam
ii. Ho Chi Minh City Branch
9th Floor, Sun Wah Tower
115, Nguyen Hue Boulevard
District 1, Ho Chin Minh City
Laos
Maybank Vientiane, LAO PDR
Lot 43, 45 & 47, Lane Xang Avenue
Hatsady Village, Chanthabouly District
P.O. Box 1663, Vientiane Lao PDR
China
i. Shanghai Branch
15th Floor, Marine Tower
No. 1, Pudong Avenue
Shanghai 200120
ii. Beijing Branch
32nd Floor, China World Tower
No. 1, Jianguomenwai Avenue
Beijing 100004
Singapore Operations
2, Battery Road,
Maybank Tower
049907
(22 branches)

Maybank Bahrain
8th Floor, Al Jasra Tower
Diplomatic Area
P.O. Box 10470
Manama

GENERAL/UNRESTRICTED 2014, Maybank. All Rights Reserved.

Page 14 of 16

ANNEX I
ADDRESS

COUNTRY

LOCAL BANKING AUTHORITY

Overseas Branches
Maybank International Labuan Branch
16th Floor (B), Main Office Tower
Financial Park Labuan
Jalan Merdeka
87000 Federal Territory,
Labuan

Malaysia

Labuan Financial Services

Authority

Papua New Guinea

Central Bank Papua New

Guinea

Maybank International (L) Ltd

Maybank International Trust (L) Ltd
16th Floor (B), Main Office Tower
Financial Park Labuan
Jalan Merdeka
87000 Federal Territory,
Labuan

Malaysia

Labuan Financial Services

Authority

Maybank Philippines Incorporated

7th Avenue Corner 28th Street
Bonifacio High Street Central
Bonifacia Global ity, Taguig City
Philippines
(79 Branches)

Philippines

Bangko Sentral ng Pilipinas

Maybank Cambodia
No. 4B, Street 114 (Kramoun Sar)
Sangkat Phsar Thmey 1
Khan Daun Penh,
Phnom Penh
(16 sub-branches)

Cambodia

National Bank of
Cambodia

Overseas Subsidiaries
Papua New Guinea
i. Maybank (PNG) Limited
Port Moresby Branch
Corner Waigani Road/Islander Drive
P.O.Box 882, Waigani,
National Capital Drive
ii. Lae Branch
4th Street, Ground Floor,
Vele Rumana Building
PO Box 874, Lae
Morobe Province

GENERAL/UNRESTRICTED 2014, Maybank. All Rights Reserved.

Page 15 of 16

ANNEX I
ADDRESS

COUNTRY

LOCAL BANKING AUTHORITY

Overseas Subsidiaries
Bank Internasional Indonesia (BII)
Plaza BII Tower 2, 6th Floor
Jl. M. H. Thamrin
No. 51, Jakarta 10350,
Indonesia
(422 branches)

Indonesia

Bank Indonesia

PT Bank Maybank Syariah Indonesia

17th Floor, Sona Topas Tower
Jalan Jenderal Sudirman Kav. 26
12920 Jakarta

Indonesia

Bank Indonesia

MCB Bank Limited

MCB Building (E-6/G-6)
Jinnah Avenue
Islamabad
Pakistan
(1187 branches)

Pakistan

State Bank of Pakistan

An Binh Bank
78 80 Cach Mang Thang Tam
Street, Ward 6,
District 3, Ho Chi Minh City,
Vietnam
(143 branches)

Vietnam

State Bank of Vietnam

Myanmar

Central Bank of Myanmar

Associate Companies

Representative Office
Union of Myanmar
Yangon Representative Office
7th Floor Central Point Towers
No 65, Corner og Sule Pagoda Road & Merchant
St Kyauktada Township
Yangon Union of Myanmar

GENERAL/UNRESTRICTED 2014, Maybank. All Rights Reserved.

Page 16 of 16