When entering into a business relationship with a politically exposed person (PEP), the real estate agent must:
identify the customer and the beneficial owner;
assess and understand the purpose and intended nature of the relationship;
apply enhanced due diligence to the relationship;
have in place appropriate risk management systems;
obtain senior management approval for establishing or continuing business relationships with the PEP;
take adequate measures to establish the source of wealth and source of funds that are involved in business relationships or transactions;
conduct enhanced, ongoing monitoring of the business relationship.
What is a PEP ?
By "PEP", we mean:
1. the natural persons who are or who have been entrusted with a prominent public function, in particular:
a) heads of State, heads of government, ministers and deputy or assistant ministers;
b) members of parliament or of similar legislative bodies;
c) members of supreme courts, of constitutional courts or of other high-level judicial bodies, the decisions of which are not subject to further appeal, except in exceptional circumstances;
d) members of courts of auditors or of the boards of central banks;
e) ambassadors, chargés d'affaires and high-ranking officers in the armed forces;
f) members of the administrative, management or supervisory bodies of State-owned enterprises;
g) members of the governing bodies of political parties;
h) directors, deputy directors and members of the board or equivalent function of an international organisation;
i) natural persons exercising the functions included in the list published by the European Commission on the basis of Article 20a(3) of Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 ;
2. their family members, in particular :
a) the spouse;
b) a person considered by national law to be equivalent to a spouse;
c) the children and their spouses, or persons considered by national law to be equivalent to a spouse;
d) parents;
e) brothers and sisters ; and
3. all persons known to be close associates, in particular :
a) any natural person who is known to have joint beneficial ownership of a legal entity or a legal arrangement together with a politically exposed person or to have any other close business relations with such a person;
b) any natural person who has sole beneficial ownership of a legal entity or a legal arrangement which is known to have been set up for the de facto benefit of the politically exposed person.
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