Subject Title - INSETA

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Protection of Constitutional Democracy against Terrorist and RelatedActivities Act 165The following are offences under the Act: Offence of terrorism and offences associated or connected withterrorist activities Offences associated or connected with terrorist activities Offences associated or connected with financing of specified offences Offences relating to harbouring or concealment of personscommitting specified offences Duty to report presence of person suspected of intending to commitor having committed an offence and failure to so report Offences relating to hoaxes Threat, attempt, conspiracy and inducing another person to commitan offence.SummaryThe FIC Act requires certain supervisory oversight, regarding FICAcompliance, by the FAIS Registrar.The FIC Act introduced certain (money laundering) control measures.Institutions must:– establish and verify the identity of their clients;– keep certain records;– report certain information; and– implement measures that will assist compliance with theFICA.The FICA does not empower the Financial Intelligence Centre (FIC) tosupervise the accountable institutions.The four (4) money laundering controls are:1. identification of new clients;2. verification of clients;3. identification; and4. verification of existing clientsFSPs (accountable institutions) are required to keep records of asingle transaction or of additional transactions concluded in thecourse of a business relationship.165 Act No 33 of 2004256 © <strong>INSETA</strong> - Section 1 12a
Identification and verification documentation as well as records oftransactions must be kept for five (5) years from the date on whichthe business relationship was terminated.The duty to report suspicious and unusual transactions is imposed onall persons who carry on business, are in charge of or manage abusiness, or are employed by the business.Self-Assessment QuestionsPlease note that the questions which follow are formative in nature. Thequestions were not developed by the FSB‟s examination bodies and as suchcannot be used as an indication of the nature/structure/level of the questionsthat you will encounter in the FSB‟s regulatory examination.1. Consider the following statements carefully and then choose thestatement that is TRUE.a) One of the objectives of the FIC Act is to introduce controlmeasures to assist the detection and investigation of creditgrantingactivities.b) The FAIS compliance report requires information relating toan FSPs adherence to the FAIS General Code with regard to"the necessary policies, procedures and systems to ensurefull compliance with FICA and other applicable anti‐moneylaundering or terrorist financing legislation".c) The FIC Act empowers the Financial Intelligence Centre tosupervise the accountable institutions.d) In terms of the FIC Act, accountable institutions are requiredto obtain statements from customers suspected to belaundering money.2. Which of the following apply to the FIC Act?a) Persons filing suspicious transaction reports are notguaranteed protection against criminal and civil liability forcomplying in good faith with the provisions of FICA and musttherefore take care not to be identified.b) The reports required under the FIC Act for FAIS purposesmust be sent to the FAIS department at the FSB.c) Accountable institutions must have and implement internalrules that include client identification and verification and© <strong>INSETA</strong> - Section 1 12a 257
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LOGO TO BE CONFIRMEDFSB REGULATORY
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Table of ContentsTasksGlossary of T
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8.8 Other provisions of the general
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TasksThe material provided in this
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PurposeThe FAIS Act introduced mark
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The duties of FSPs are described in
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CATEGORY II: SUBCATEGORIES2.1 Long-
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1.5.2 AdviceThe FAIS Act defines
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The elements of „advice‟ includ
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1.5.3 Intermediary serviceLet's loo
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1.5.2 Types of financial productsFi
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FSP licences are issued for specifi
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5. To provide a financial service m
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6. To give advice means to:a) give
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PurposeThis chapter introduces the
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Example 1:CBA Financial services is
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Submitting documentsEmploymenthisto
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financial soundness requirement - t
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The person was found guilty in any
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2.3.5 Experience requirements for k
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TABLE A: CATEGORY I EXPERIENCE REQU
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Experience requirements for a Categ
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was obtained through active involve
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IF YOU…Were appointed from 1Janua
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A key individual must have already
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Key individuals fulfilling the role
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serious enough to impugn the honest
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Self-Assessment QuestionsPlease not
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) Once a key individual has been ap
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Self-Assessment Answers1. Which of
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) Once a key individual has been ap
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56 © INSETA - Section 1 12a
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PurposeChapter 3 introduces you to
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Let's look at the responsibilities
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For example, a person may have star
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3.3.3 Competency requirements for r
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We discussed the tables under 2.3 a
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Experience requirements for Categor
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The main reason for the differentia
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Regulatory examinations for represe
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The purpose of the register is to:p
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Part of the management and oversigh
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Let‟s look at a summary of the co
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c) The representative register need
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Self-Assessment Answers1. In terms
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8. The general experience requireme
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PurposeIn Chapter 4 you will learn
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TABLE ACATEGORIES 1 and IV: LEVEL O
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4.2 SUPERVISION REQUIREMENTSKey ind
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Ensure that the supervision require
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Self-Assessment QuestionsPlease not
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Self-Assessment Answers1. In terms
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PurposeBefore a juristic entity can
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Understanding the process step by s
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5.3 SECTION 13As mentioned above, S
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What must be done?The FSP must main
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Registrar, by 31/12/2013.Failure by
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It should be a condition of the emp
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4. In order to meet the requirement
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5. Section 13 imposes certain dutie
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PurposeChapter 6 gives you an overv
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Ramifications for the FSP if debarm
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All other administrative or legal p
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3. May an FSP use information obtai
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PurposeDuring the course of the lif
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In the discussion of the purpose an
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caused by or arose out of the carry
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c) within 60 days after the busines
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PurposeThe FAIS General code prescr
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of crime, money-laundering legislat
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Requirements.the existence of a spe
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Disclosure must include the followi
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8.4 MANAGING TRANSPARENCY AND CONFL
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Where the juristic person is neithe
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what measures were taken to avoid/m
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A provider must continuously monito
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2. Identify the financial product o
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1. A brief summary of the informati
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are addressed in the business-speci
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8.8.3 Insurance 89One of the risks
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WHO? BY WHEN? WHAT?Category III pro
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a representative, the information m
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Record of advice 106A direct market
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influence the objective exercising
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4. What needs to be disclosed to cl
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Self-Assessment Answers1. Which of
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8. The two main requirements of giv
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PurposeThis chapter introduces you
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„compliance practice‟ means a c
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Internal compliance officer:where t
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9.1.5 Withdrawal of a compliance of
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One of the main functions of a comp
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Internal auditors normally audit co
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Information about the FSPs adherenc
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Compliance reports must be submitte
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PurposeThe application process for
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the financial services business as
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Disclose compliance with other appl
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easons why the provisional suspensi
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impartial tribunal or forum. This i
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10.3.2 Civil remediesRestrainingord
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10.4 LEVIES PAYABLE IN TERMS OF THE
Page 214 and 215: Any contravention of or failure to
Page 216 and 217: Self-Assessment Answers1. Which of
Page 218 and 219: PurposeAs a key individual, you nee
Page 220 and 221: 11.2 EFFECT OF VOLUNTARY SEQUESTRAT
Page 222 and 223: 2. A licence of ANY FSP may lapse:a
Page 224 and 225: 5. Before sequestration, winding-up
Page 226 and 227: PurposeIn Chapter 12 you will find
Page 228 and 229: 3. The records and documentation Th
Page 230 and 231: The Registrar has certain powers in
Page 232 and 233: SummaryThe FAIS Act requires string
Page 234 and 235: 4. Section 22 of the FICA requires
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Page 238 and 239: PurposeManaging the infrastructure
Page 240 and 241: A key individual, in respect of an
Page 242 and 243: The financial statements can either
Page 244 and 245: Self-Assessment Answers1. The opera
Page 246 and 247: PurposeChapter 14 introduces you to
Page 248 and 249: Sec 19(4) states that: the auditor
Page 250 and 251: 2. The financial statements must:a)
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Page 254 and 255: PurposeThe FIC Act imposes certain
Page 256 and 257: Accountable institutionsThe FIC Act
Page 258 and 259: The four (4) money laundering contr
Page 260 and 261: The documents used to identify and
Page 262 and 263: In an FSB FAIS Newsletter, the FSB
Page 266 and 267: steps to be taken to determine and
Page 268 and 269: 3. Section 21(1) of the FICA requir
Page 270 and 271: PurposeChapter 16 is the last part
Page 272 and 273: The Ombud for Financial Services Pr
Page 274 and 275: 11. If the complainant is unhappy w
Page 276 and 277: the contractual or other legal rela
Page 278: Self-Assessment Answers1. The funct
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