The Financial Crimes Investigation Board

General Communique
No: 6


      

1. Subject

Procedures of suspicious transaction reporting are stated in the chapter four of the Regulation on Measures Regarding Prevention of Laundering Proceeds of Crime and Financing of Terrorism (hereinafter referred to as Regulation) which was published on Official Gazette No. 26751, dated 09/01/2008 and put into force on 01/04/2008.

It is stated in the Article 27 of the Regulation that MASAK is authorized to determine suspicious transaction types and in Article 28 of the Regulation that the Ministry of Finance is authorized to determine, separately for each obliged party, principles and procedures of filling Suspicious Transaction Reporting Forms, making it obligatory to report by using electronic and IT means, and using electronic signature in suspicious transaction reports.

Explanations for effective, on-time and appropriate implementation of the obligation of suspicious transaction reporting in the scope of prevention of laundering proceeds of crime and terrorist financing by those deemed obliged under the Regulation constitute the subject of this communiqué.

2. Suspicious Transaction

Suspicious transaction is the case where there is an information, suspicion or reasonable grounds to suspect that the asset, which is subject to the transactions carried out or attempted to be carried out within or through the obliged parties, has been acquired through illegal ways or used for illegal purposes, used for terrorist activities or by terrorist organizations, terrorists or those who finance terrorism or connected or linked with them.

3. Reporting Time for Suspicious Transactions

Suspicious transactions shall be reported to MASAK by the obliged parties specified in the Article 4 of the Regulation within ten workdays starting from the date when the suspicion occurred or immediately in cases where any delay may cause inconveniences.

4. Suspicious Transaction Types

In order to ensure that obliged parties act in a common manner, understanding and cooperation against the risk of being used as a means in laundering proceeds of crime and terrorist financing and to help them in the detection of suspicious transactions, types of suspicious transactions included in the annex (Annex: 1) have been determined.

The determined suspicious transactions types are in the nature of guidance and they are aimed to help obliged parties in assessing whether there is a suspicion or reasonable ground to suspect. For this reason, obliged parties should not restrict themselves to suspicious transaction types determined in this communiqué and should report suspicious transaction even though the suspected transaction does not correspond to any of the listed types.

In assessing the correspondence of the transactions to the suspicious transaction types, customer due diligence procedures given in the Regulation should be taken into account and the assessment should be made basing on the customer and the transaction. In other words, while assessing whether the transaction is suspicious or not, such matters as customer profile and activity volume, nature of the transaction and whether it is in the scope of known activities or proportional with the activity of the customer or to whom it confers benefit, characteristics of the sector and previous experiences should also be taken into account. In cases where the transaction intended to be carried out has an international nature, it should be checked whether the transaction in question is part of the customer’s business.

The word “transaction” used in the term “suspicious transaction” is not restricted to single transaction and the matter of whether there is a suspicion or reasonable ground to suspect is assessed by considering multiple transactions together. For example a series of remittance transactions which are not suspicious when taken into consideration separately may be suspicious when assessed together.

In determining the suspicious transaction types given in the Annex of the Communiqué, general suspicious transaction types concerning all obliged parties are given first. General suspicious transaction types include types related to customer profile and transactions. Types related to customer profile deal with the matters to be taken into account specific to persons and types related to transactions deal with the nature of the transaction indented to be carried out rather than the customer.

Secondly, sectoral suspicious transaction types are determined for some obliged parties by taking into account the activity fields of the customers and the characteristics of the transactions carried out in this field. General suspicious transaction types shall apply to obliged parties for whom no sectoral suspicious transaction type is determined.

Lastly, the suspicious transaction types which are important in terms of terrorist financing and which will also be taken into account by all obliged parties are given.

5. Principles and Procedures for Suspicious Transaction Reporting

5. 1. Procedures Prior to Reporting

5.1.1. Generally

When obliged parties encounter a suspicious transaction, they shall carry out a research on the transaction to the extent of their authority and capability and report it to MASAK by filling in a Suspicious Transaction Reporting (STR) Form pursuant to the information and the findings obtained.

In the reporting period, a more detailed research on the nature of the transaction or customer profile may be needed. The purpose of this research carried out to the extent of authorities and capabilities is to detect whether there are further findings that support suspicion. While making researches, manners and attitudes that lead customer to suspect that he/she will be reported should be avoided.

Obliged parties shall report the suspicious transactions they encounter by filling in STR form without seeking any monetary limit.

In cases where suspicious transaction reporting is necessary, the obliged parties shall also carry out the necessary customer identification procedures. The obligation of customer identification shall also be carried out as much as possible in cases where the suspicious transaction which is subject to reporting remained an attempt and could not been carried out.

In the event that new information and findings in relation to the reported transaction are obtained afterwards, another STR form shall be filled and sent to MASAK without any delay by stating that it is an additional report to the previous report.

A single STR form shall be filled in for transactions which raise suspicion when assessed by taking multiple transactions into consideration together.

Information and documents supporting the suspicion shall also be annexed to STR form.

Where there is serious suspicion or evidence that the asset subject to the transaction is related with laundering proceeds of crime and terrorist financing, the obliged parties shall avoid performing the requested transaction until they inform MASAK through suspicious transaction reporting form (by specifying in it that it is “very urgent”). In cases where abstaining from performing the requested transaction is impossible or avoiding it may hinder the efforts for identifying the beneficiaries of the suspected transaction, act of informing may also be done right after the transaction.

In addition to abovementioned issues which should be taken into account by all obliged parties in suspicious transaction reporting, the other issues to be considered in the reporting process are stated below in respect of obliged parties.

5.1.2. Reporting for Obliged Parties Required to Assign Compliance Officer

Obliged parties listed below shall be required to assign a compliance officer until 1/12/2008 at the latest according to the Provisional Article 1 of the Regulation on Program of Compliance with Obligations of Anti-Money Laundering and Combating the Financing of Terrorism [1] and, the obligation of suspicious transaction reporting for these obliged parties shall be carried out by the compliance officers. [2]

Banks (including Central Bank of the Republic of Turkey, and development and investment banks)
- Capital Market Brokerage Houses,
- Insurance, reinsurance and pension companies,
- The General Directorate of Post, [3]
- Institutions other than banks who have the authority to issue bank cards or credit cards,
- Authorized exchange offices given in legislation on foreign exchange,
- Financing and factoring companies within the scope of the legislation on money lending,
- Financial leasing companies,
- Institutions furnishing settlement and custody services within the framework of capital markets legislation,

The obligation of suspicious transaction reporting for the branches, agencies, representatives, commercial proxies and similar affiliated units of the obliged parties is carried out through compliance officers.

The compliance officer shall have the duty and power to evaluate the information and findings obtained through researches carried out basing on power and capabilities regarding the possibly suspicious transactions which are sent to him/her or which he/she is informed ex-officio and to report MASAK the transactions which he/she considers to be suspicious.

Suspicious transaction reports to be conveyed to MASAK by obliged parties shall be carried out via compliance officers within the framework of following principles and procedures.

a) Where a suspicious transaction is encountered in an obliged party (including its branches, agencies, representatives, commercial proxies and similar affiliated units) to which a compliance officer is assigned, the transaction shall be reported to the compliance officer in accordance with the procedure to be determined by the obliged party.

The procedure of reporting to compliance officer within the obliged party may be determined independently. However verbal reporting cannot be established as a procedure. E-mails or software programs that enable internal reporting may be used in this scope. In so far, internal reporting rules shall be determined in written form and it shall be ensured that all the personnel are aware of them.

Where it is detected, in the transactions carried out through interactive applications such as internet banking, telephone banking, ATM, which enable the performance of non face-to-face transactions within or via obliged parties or during the monitoring and controlling activities, that a suspicious transaction has been carried out, the case shall be reported to compliance officer again in accordance with the procedure to be determined. In that case, the information and documents available within the obliged party are predicated on identification.

b) The compliance officer shall evaluate the suspicious transaction which has been reported to him/her or which he/she has been informed ex-officio by taking into account the other information and documents available within the obliged party and the relevant law, regulation, communiqué and other legislation, and decide on reporting or not reporting the transaction to MASAK as suspicious transaction depending on the evaluation result. The compliance officer may request, during the evaluation process, any information and document related with his/her scope of authority from any unit within the obliged party. In this scope, the units from whom information and document are requested shall be obliged to submit the requested information and documents and provide the necessary convenience for the compliance officer.

c) STR form shall be filled in after the compliance officer decides to report. STR form filled in, and signed by the compliance officer and additional evaluations, information and documents, if there is any, shall be sent to MASAK.

5.1.3. Reporting for Obliged Parties not Required to Assign Compliance Officer

Regarding the other obliged parties for whom it is not stipulated to assign compliance officers and who are listed in the Article 4 of the Regulation, suspicious transaction reporting shall be carried out personally by natural person who is an obliged party, by legal representatives of legal person who is an obliged party, by managers of unincorporated organizations or officials who are authorized by them.

Reporting shall be carried out by the branches, agencies, representatives, commercial proxies and similar affiliated units of those who are obliged to report suspicious transactions.

In the event that the units of the foreign persons and institutions which run activities in Turkey (such as branch, agency) are obliged parties, reporting of suspicious transactions shall be carried out by these units.

These obliged parties shall report suspicious transactions to MASAK through filling in a STRF. After the STR form is filled in, the form shall be signed by the person or officer carrying out or detecting the transaction and the person who has an authority to sign for the completion of this transaction, if there is any.

5.2. Filling in and Sending Suspicious Transaction Report Forms

5.2.1. Filling in Suspicious Transaction Report Forms

Obliged parties that will report suspicious transactions shall fill in the attached Suspicious Transaction Report Form (Annex 2). When the reported transaction is composed of more than one transaction or related to more than one account, it is possible to use the required fields of the form by multiplying them. MASAK is authorized to make amendments in the structure and contents of the STR Form.

The chapters (A) to (G) in the form shall be filled in considering the clarifications on the form.

The suspicious transaction types have been categorized under titles in chapter (H) of the form. The suspicious transaction type corresponding with the subject of the report shall be specified in this chapter.

First, the box in front of the option related to the group to which the reported transaction belongs shall be marked with an (X).Then, the number of suspicious transaction type given in the Annex 1 of the Communique shall be written down in the box left for the “Suspicious Transaction Type Number.”

For example, in case that a customer appearing not to aim gaining profit through transactions and care the risks and costs pertaining to his/her transactions gives unreasonable and remarkable orders mostly resulting in loss and carries out such transactions, the option of “Types Related to Capital Markets” shall be marked in chapter H of the STR Form. And the number which corresponds to the mentioned suspicious transaction type, which is “5.1”, shall be written down in the box for “Suspicious Transaction Type Number”.

It is possible that a transaction carried out within an obliged party is related to (general, sectoral or related with terrorist financing) types listed under different chapters. In that case more than one suspicious transaction type may be marked according to the relation of the transaction and the required explanations shall be made in the “EXPLANATIONS” part.

If a transaction which is suspected to be related to terrorist financing corresponds clearly to types listed under the chapter “Suspicious Transaction Types Related to Terrorist Financing”, then this type is marked while filling in the form. However, on the other hand, if the requested transaction is listed among general or sectoral suspicious transaction types, but it is particularly suspected to be related to terrorist financing, then the related suspicious transaction type shall be marked and this situation shall particularly be explained in the “EXPLANATION” part.

If the suspicious transaction does not correspond with any of the types listed in three chapters, then the suspicion and the information about the nature of the transaction shall be written in the “EXPLANATION” part.

5.2.2. Sending Suspicious Transactions Report Forms by Hand or by Post

The completed STR Form shall be sent to MASAK by hand or registered post to the address “Mali Suçları Araştırma Kurulu Başkanlığı, Maliye Bakanlığı, N Blok, Dikmen Cad., 06100 Dikmen/ANKARA” or to the fax number (0 312) 415 25 35 or 415 25 36. The original STR Form which has been sent to MASAK through fax machine shall also be delivered to MASAK by hand or by registered post.

The obliged parties who submit STR Forms shall be informed by MASAK that the STR has been recorded.

5.3. Sending Suspicious Transaction Reporting Forms in Electronic Form

Through Article 28 of the Regulation on Measures Regarding Prevention of Laundering Proceeds of Crime and Financing of Terrorism the Ministry of Finance has been authorized to determine, separately for each obliged party, principles and procedures of making it obligatory to report suspicious transactions by using electronic and IT means, and using electronic signature in suspicious transaction reports. In accordance with the same article MASAK may prepare guidelines for submitting reports electronically and the guidelines might be published in electronic form. Reports shall be made in accordance with these guidelines.

Based on mentioned arrangements, it has been approved that STRs from banks (excluding Central Bank of the Republic of Turkey, development and investment banks) shall be initially submitted by compliance officers through using electronic means or IT tools.

The principles and procedures explained in chapters “5.1.1” and “5.1.2.” of the Communique apply also to suspicious transaction reports submitted by compliance officers via electronic means.

The compliance officers of banks shall be defined as users of the system to be developed by MASAK, and they shall be given user names and passwords. Thus, they shall submit STRs by using directly web application screens provided for them by MASAK or through an electronic safe box ensuring a safe and specific electronic information exchange between MASAK and obliged parties through data processing system of MASAK.

Obliged parties shall be obliged to take required measures for ensuring that these access systems which allow electronic submission of suspicious transaction reports operate efficiently and safely within themselves.

Obliged parties shall be informed by MASAK through implementation guidelines about how to install and use the system allowing suspicious transaction reports to be submitted in electronic form; standards of the application; the suspicious transaction reporting form to be used; how to fill in the form and send it to MASAK; other documents to be sent with the form electronically; use of electronic signature.; and when the application will start to be used.

In the event that MASAK makes any amendment in the principles and procedures determined in the implementation guidelines regarding electronic reporting of suspicious transactions, the obliged parties shall be informed of these amendments and suspicious transactions shall be reported within the framework of new principles and procedures.

The obliged parties which are approved to report suspicious transactions in electronic form shall use the STR Form given in (ANNEX: 2), fill it in accordance with chapter “5.2.1.” of the Communique and send it to MASAK in accordance with chapter “5.2.2.” of the Communique until abovementioned application starts.

6. Penalty to be Imposed in case of Violation of Obligations

If obliged parties do not comply with the reporting obligation stated in paragraph one of article 4 of the Law No. 5549 on Prevention of Laundering Proceeds of Crime [4] and the provisions of confidentiality given in paragraph two of the same article, the penalties set forth by the same Law shall be imposed.

7. The Abolished Communiqués

The followings have been abolished as of the date on which this Communiqué was published in the Official Gazette:

a) MASAK General Communiques No. 1 and 2 which were published in the Official Gazette No. 23217 on 31.12.1997,
b) MASAK General Communique No. 3 which was published in the Official Gazette No. 24664 on 07.02.2002,
c) MASAK General Communique No. 4 which was published in the Official Gazette No. 24932 on 10.11.2002,
ç) Chapters II and III of the MASAK General Communique on Suspicious Transaction Reporting Regarding Terrorist Financing which was published in the Official Gazette No. 26693 on 07.11.2007.

The above has been notified.

 

 

 

 

ANNEX: 1

SUSPICIOUS TRANSACTION TYPES

GENERAL TYPES OF SUSPICIOUS TRANSACTIONS

1. Types Related to Customer Profile

1.1. Inadequate information in the documents required to be presented or submitted by customers, inconsistent information or reluctance to give information while applying to the obliged parties.

1.2. A concrete reason to suspect such as negative news in the media about the customer on laundering proceeds of crime or financing of terrorism, or offering money or gifts for the transaction to be carried out.

1.3. Showing different customer attitude other than general customer attitude models, for example: behaving too friendly or having threatening attitude in order to prevent suspicious transaction reporting about them.

1.4. An unreasonable proportion between job/profession, financial profile and transactions of the customers.

1.5. Commercial or any other type of relationship of customers with risky persons or institutions.

1.6. Unusual capital, partnership, management or employment structure of companies compared to other institutions in the same sector or general company structures.

2. Types Related to Transactions

2.1. Single transactions of persons or institutions carrying out commercial activities which should normally be repeated within the scope of those commercial activities, or repeating transactions that are normally not conducted constantly in the ordinary commercial world.

2.2. Carrying out financial transactions, which are required to be conducted as one single transaction in usual cases, by dividing the amounts in smaller pieces without a reasonable ground in order to abstain from customer identification and reportings.

2.3. No usual and reasonable legal or economic ground or reason in conducted or requested transactions.

2.4. Customer using means of payment unusually such as by making too many cash payments with small denominations or making payments in a foreign exchange used infrequently.

SECTORAL TYPES OF SUSPICIOUS TRANSACTIONS

3. Types Related to Banking Sector

Indicators Related to Suspicious Behaviors of Customers and Submission of Inadequate- Misleading-False Information and Documents

3.1. The customer trying to gather information and asking questions before carrying out a transaction to learn about customer identification and suspicious transaction reporting obligations, transaction limits, control methods of the bank for combating money laundering.

3.2. Having difficulties in receiving information from the customer about his/her activity, profession, or personal information such as identity, address, telephone.

3.3. The customer having difficulty in explaining the aim of the transaction or the source of the fund subject to transaction, or abstaining from giving information.

3.4. The customer trying to persuade the bank clerk to allow him/her not to submit or fill in a document which is legally or administratively required to be submitted or filled in.

3.5. The customer demanding to open accounts in the name of numerous people residing in Turkey or abroad, or depositing or withdrawing constantly cash to/from accounts opened in the name of third parties without a reasonable and acceptable reason.

3.6. The account holders having insufficient information about the amount deposited to their accounts or the amount in their accounts.

3.7. The customers, apparently acting independently, giving the same address, telephone or similar contact information, sending remittances to the same beneficiary or receiving remittances from the same originators, or giving the signing authority to same person or persons in the accounts they open.

3.8. The customer hiring a joint safe box with people who are not family members, relatives or business partners or giving them power of attorney to use these safe boxes; an excessively intensive use of safe boxes indicating that they are used as money safe boxes by several persons; intensive use of safe boxes by customers who do not have considerable account relationships or transaction volumes; safe boxes hired in the name of different persons short before or after considerable transactions; commercial institutions hiring safe boxes although their business field does not require doing so.

3.9. Remarkable and intensive cash transaction or electronic transfer traffic directed from Turkey or abroad conflicting with safe deposit profile in accounts of persons who opened joint time deposit account although they do not have any family or business relationship.

3.10. Understanding that the natural or legal persons who are apparently partners or managers of legal person customers are not real partners or managers of the company; Knowing or having a reasonable ground to suspect that the capital and administration of the company is held by third persons who have bad reputation or against whom a case was filed or an investigation is run by official administrations.

3.11. The new reigning partner and/or partners of the legal person customers abstaining from giving information about their personal and commercial backgrounds; having indications that they did not have any interest, education and experience in the field in which the company operates.

Indicators Related To Evading Procedures of Customer Identification, Record Keeping and Reporting

3.12. The customer attempting to open an account suspected to be counterfeit-fictitious, make transaction or have somebody make transaction on behalf of others or through accounts without submitting ID- Card or acceptable ID- Card.

3.13. Making an offer, threatening and putting pressure on the staff of obliged party by the customer in order not to report suspicious transaction.

3.14. The customer attempting to carry out transaction under a certain threshold for the purpose of abstaining from reporting procedures, division of the money, subject to the transaction attempted, into more than one transaction, account, remittance or cash transaction.

3.15. Existence of many accounts of a customer within various branches of the same bank with which similar transactions were carried out on behalf of himself/herself or third parties on behalf of whom he/she acted or understanding from account movements that similar accounts have also been opened in the other banks.

3.16. Making payments to the same account by a large number of persons without explaining reasonable statement or transferring money to the same account from many different accounts.

Indicators Related To Transactions in Cash Character

3.17. The banknotes brought by customers; being small denominated and dirty, existence of stains demonstrating that it has been carried concealing in various elements and giving off smell, packaged carelessly and precipitately, lacking or exceeding substantially than the declaration of customer when counted, coming across with counterfeit banknotes in the bankroll.

3.18. In the accounts of customer; observing cash withdrawals or deposit transactions (frequently in small amounts or in high amount for one time) in remarkable amounts which cannot be associated with the life standard, job and income level.

3.19. Transferring of money deposited to account abroad or domestic in pieces without making a reasonable statement or failing to act of the account a long time after such transactions carried out for a certain period.

3.20. Withdrawal of money continuously in cash which was came to the account opened as understood for only drawing of money transferred from abroad or failing to act of the account a long time after such transactions carried out for a short period.

3.21. Withdrawal of transfers, came to the low remaining inactive accounts of customer exist in more than one branch of the same bank, generally by maximum cash advance operation from ATMs.

3.22. Deposit or withdrawal of cash in large amounts to the accounts opened on behalf of enterprise, knowing that it was carried out without commercial motive, by the persons who do not have an apparent connection with commercial enterprise.

3.23. Customer’s investment or withdrawal of cash frequently in substantial amounts to the account in the same bank without taking into account the risks (except the reasonable factors) such as life safety, theft and abuse which can rise as a result of transportation of cash money.

3.24. Opening accounts with large amounts of cash by persons and institutions who do not have apparent economical reasons regarding the purpose of opening account and there is no enough information about them.

3.25. Customer’s request of arranging monetary instruments such as blocked cheques, letter of guarantee or payment orders by having held cash amounts in a bank frequently which are not related or which can not be associated with his business.

3.26. Fragmentary deposit of cash to the same account by the same persons via different branches or by the persons who come to the bank at the same time.

3.27. Investment of large amounts of cash to the account with a very low remaining and just after withdrawal of the invested cash or remittance to another account or accounts.

Indicators Related To Electronic Transfers

3.28. Making transfers in remarkable amounts at one go from or to risky countries or off-shores without making any reasonable explanation or frequent and low amounts of transfers which may reach significant amounts in a specific period.

3.29. Not making a reasonable statement relating to realization purpose of electronic fund transfers which are in conspicuous amounts and frequency or directed from risky countries, not filling up the blanks that the full name and addresses of supervisor and beneficiary in transfer messages or placing expressions such as nickname, code, abbreviation instead of real supervisors name in these blanks.

3.30. Making domestic or abroad electronic fund transfers in conspicuous frequency and amount which can not be associated with the known business and activities, sources and level of income of the customer.

3.31. Returning the incoming funds transferred from abroad to the accounts or the names of the customers with registered addresses inside or outside the country back to abroad after a short period of time, or the customer requesting from the bank clerk to transfer the amounts to abroad that he/she expects to be transferred from abroad but not entered into his/her accounts yet; similar amounts of funds entering into and exiting the country on close dates through such accounts used as transitory accounts.

3.32. The customer opening several accounts in the same kind of foreign exchange without any specific reason; especially transfering the funds which he/she brought in cash or which were deposited into his/her account in cash to the persons and organizations located in free trade zone or off-shores with whom there are no ostensible business relationships.

3.33. Opening of account for only the purpose of transferring money abroad, existing no information or insufficient information regarding the relationship between the persons the transfers were made.

3.34. The customer making indirect electronic fund transfers not associated with his/her personal and economical statute.

3.35. Receiving high amounts of remittances from an account newly opened after a short time from opening and not carrying out any other transactions relating to the incoming money for a long time.

3.36. Carrying out transactions in foreign exchange through wire transfers on behalf of a customer and with the persons or countries who have not any commercial relation with this customer by a third person.

Indicators Related To Credit Transactions

3.37. Guarantee letter requesting of real and legal persons who are not acknowledged by the bank for cash credit or goods purchase and taking no notice of bank commission, charges or interest rates by these persons.

3.38. The customer gives a check (high amounted and drawn on a foreign bank) as a guarantee to the bank which gave credit, containing contradictory information regarding the commercial activity where it was originated, not having a supportive document, not pertaining to a drawer and endorsers who can be correlated commercially, and who are associated with risky regions and countries about fraud and smuggling.

3.39. Using credits from the banks located in risky countries or demanding for credit pursuant to the letters provided from these banks.

3.40. Credit request of customer, without any reasonable grounds, providing collateral the assets of the companies registered or third parties resident in risky countries.

3.41. Credit request of customer, although he/she has significant assets, which is not rational for him/her providing the concerning assets as collateral.

3.42. Credit request of customer providing bearer instruments of which has indefinite resource or another asset having a suspicious (unknown) resource as collateral.

3.43. The potential credit customer acts unwillingly in determining the purpose of taking credit or refuses to explain the purpose or states a doubtful purpose.

3.44. Providing collateral, without basing on a reasonable ground, by third parties who are not known by the bank and not having affiliation with the customer.

3.45. Cash withdrawals of credit customers continuously in remarkable amounts, constant and/or extraordinary usage of credit cards in buying and selling of valuable goods such as gold which can be easily converted into cash.

3.46. Refunding of a credit, without basing on a reasonable ground and adventitiously, at once which is unexpired or having problems.

4. Types Related To Insurance Sector

4.1. The customer makes an application for the insurance of a risk which is not having a reasonable concern with the personality, business or wealth of the customer.

4.2. The customer requests policy in high amounts and single premium which is not accorded with the general status and financial profile of him/her.

4.3. The customer says he/she has also policies from other companies or determination of this and showing this situation incongruity with the financial profile of the customer.

4.4. The customer suggests purchasing insurance policy on behalf of a third party who is understood to be clearly disinterested with him/her or requesting transfer of insurance indemnity to the account of said party or asking for changing the beneficiary on behalf of the third party who is understood to be clearly disinterested.

4.5. The customer pays high amounts of pension or life insurance policies premiums by cash.

4.6. The customer, possessing policy based on minute quantity and regular payment, closes the remaining premiums of the policy abruptly by cash payment or proposes increasing in significant amount or purchases a new policy in high amounts.

4.7. Request of customer, without any reasonable grounds and by being aware of giving rise to a financial loss in considerable amount, the repayment of policy prior to its maturity or the payment to be made in favor of third parties.

4.8. Making the payment in single premium assurance contract via electronic transfer from a financial institution located in a risk country.

4.9. Application of customer for retirement plan or life insurance contract that is inconsistent with his/her age and physical condition.

5. Types Related To Capital Markets

5.1. The customer gives conspicuous orders which are unreasonable and mostly resulting with loss by giving the impression of not seeking profit, taking no notice of the risks and costs of investments, and carrying out transactions to this effect.

5.2. Credit usage of customer in remarkable amounts and non-proportional to his/her financial status or collateral provided for the credit by the third parties who has no relation with customer.

5.3. The customer abruptly closes the security credit he/she has taken before maturity without a situation concerning the market conditions or another reasonable cause.

5.4. Customer constantly transfers securities and/or cash to the accounts of the persons who have no relation with the customer within several intermediary institutions without any reason.

5.5. The customer purchases securities or other capital market instruments in remarkable amounts by using cash which can not be accorded with the familiar activities of him/her.

5.6. Transferring, immediately, of financial investments and/or proceeds of them to the third parties that there is no apparent relationship with the customer.

5.7. Prohibition imposed on transactions against the partners or founders of corporate customer by Capital Markets Board.

5.8. The customer carries out transactions which raise suspicion that it is acted for the benefit of person on whom transaction prohibition is imposed by Capital Markets Board.

6. Types Related to Exchange Offices

6.1. Repeated requests from an exchange office for foreign exchange purchasing-selling transactions in the amounts slightly less than the transaction limit for identification in a short period of time.

6.2. Carrying out purchasing-selling or exchanging transactions with foreign exchange in remarkable amounts.

6.3. Exchange of unusually large amount of small-denominated notes for those of higher denomination.

6.4. The banknotes brought by customers; being small denominated and dirty, existence of stains demonstrating that it has been carried concealing in various elements and giving off smell, packaged carelessly and precipitately, lacking or exceeding substantially than the declaration of customer when counted, coming across with counterfeit banknotes in the bankroll.

6.5. Requesting for converting large amounts of foreign exchange which is not convertible (or not frequently used) to another kind of foreign exchange or Turkish Liras.

7. Types Related to Money Lenders

7.1. In case where a deptor requests for a loan in return for his/her asset whose origin is suspicious (unknown).

7.2. In case where a debtor requests for an uneconomical loan eventhough he/she has large amount of asset.

7.3. In case where refunds are made through bearer cheques or cheques of a third party or cheques endorsed again and again or through large amount of cash.

7.4. Refunding an undue or problematic credit abruptly.

8. Types Related to Factoring Companies

8.1. In case where a firm (seller) who had transfered its claim derived from forward sale to the factor sells good or service to its customers who may be natural or legal persons (buyers) constantly for high prices according to market conditions.

8.2. In case where buyer firm pays off its termed debts exceeding its own financial capacity or makes commitment to pay its debts or in this circumstance seller firm gives guarantee that buyer firm will pay its debts.

8.3. In case where there is a suspicicon that buyer firm or seller firm may be shell companies or that there may be a fictitious transaction carried out between them.

8.4 In case where there is a suspicicon that whether the invoices submitted to factoring company are original.

9. Types Related to Financial Leasing Companies

9.1. Leasing machinery and equipment through financial leasing with inappropriate prices as to current market value or its foreseeable values.

9.2. Financial leasing payments amounts of which are much larger than usual ones requested or financial leasing payments reasons of which are not given.

9.3. Refunding financial leasing debts unexpectedly, before deadline and through unknown source.

9.4. Execution of the terms and payments of financial leasing contract by third parties or the persons supplying the goods subject to financial leasing without any reasonable ground in place of lessee.

10. Types Related to Consumer Finance Companies

10.1. In case where customer refunds the credit abruptly and makes payment with large amount of cash without any reasonable ground and particularly in a manner where he/she is exposed to large amount of material loss.

10.2. In case where customer requests for unprofitable credit for himself/herself in return for large amount of assets held by the customer.

10.3. In case where it seems that customer disregards of credit costs and maturity.

11. Types Related to Postal And Cargo Services And Cargo Companies

11.1. In case where it is detected that there is a different material in the parcel sent via postal or cargo service from the material declared by the sender.

11.2. Permanently sending precious stones, metals and valuable things like them to particular addresses apart from the traders or manifacturers of the related sector.

12. Types Related to Real-Estate Sector

12.1. In case where customer buys real-estate for third parties without any reasonable ground such as business or family relation.

12.2. In case where customer buys real-estate with high value which is not consistent with the financial status of the customer or buys several real-estates in a short time on which he/she does not make any search and which is not economical with regard to location and conditions and which requires large amount of maintenance cost.

12.3. In case where customer who wants real-estate agency to sell his/her real-estate requests the agency to indicate sale price more than the amount in the records.

12.4. In case where customer makes payment for rest of the money through extraordinary payment method after he/she makes advance payment with cash or leases the real-estate by using large amount of cash.

TYPES OF TRANSACTIONS RELATED TO FINANCING TERRORISM

13. Types of transactions carried out with the persons or with risky countries suspected to be in connection with terrorist organizations

13.1. Opening an account, carrying out wire transfers or remittances on behalf of natural and legal persons that are known to be in relation with a terrorist organization.

13.2. Transferring the money, which is in amounts that have no commercial explanation or economical purpose, through wire transfer to a commercial account opened in risky countries and/or withdrawing this money from the account.

13.3. Transferring or receiving funds to and/or from risky countries, opening account within the financial institutions in these countries or using the credit cards issued by the banks located in those countries.

13.4. Transferring funds by third persons on behalf of customers through exchanging foreign currency to the countries in which terrorism and smuggling are seen frequently; or which are known as tax havens; and which have no clear business relation with the customer

13.5. Transferring to third persons the deposits accumulated in a short period of time as a result of the transfer transactions conducted from or through the risky countries.

13.6. Collecting funds especially from or into risky countries using a high number of individual or commercial accounts and directing those funds to a small number of beneficiaries.

13.7. In the fund transfers carried out from or to risky countries, using commercial financial transactions which have no reasonable commercial purpose.

14. Types of transactions related to non-profit organizations

14.1. In case where a mismatch is detected between the nature and size of financial transactions or amount of funds raised or transferred and the apparent sources, stated purpose and activities of the NPO.

14.2. In case where a sudden increase is detected in the frequency and amounts of financial transactions on the account of an NPO.

14.3. In case where NPO appears to keep funds in its account for a very long period.

14.4. In case where NPO receives donations only from abroad or significant part of the donations is originated from abroad.

14.5. In case where directors of NPO are foreign nationals; particularly existence of transactions with large amounts carried out by the directors to their own countries and also destination is a high-risk jurisdiction.

14.6. In case where NPO has unexplained links; for example, several NPOs transfer money to each other or share the same address, same managers or personnel.

14.7. In case where NPOs having no enough personnel, suitable offices or telephone numbers have large financial turnover as if they operate intensively.

14.8. Receiving funds by using several individual and commercial accounts or accounts of non-profit organizations and transferring these funds to foreign beneficiaries in a short period of time.

 

ANNEX: 2

SUSPICIOUS TRANSACTION REPORTING FORM

Financial Crimes Investigation Board
Ministry of Finance, N Blok
Dikmen Cad. 06100
Dikmen/ANKARA

Tel:      +90 (312) 415 37 67
Fax:     +90 (312) 415 25 35
+90 (312) 415 25 36

 

A-OBLIGED PARTY FILLING THE FORM

Name-Surname- Title 1 :

Obliged Party Group 2 :

Address :

Phone :

ID Number 3 :

 

B-INFORMATION ABOUT THE REPORT

Date of the Report

 

Document Entry No.

 

New or Supplementary

¨ New  
¨ Supplementary

If supplementary, date of previous report : .../.../….

Urgency of the Report

¨ Normal      ¨Urgent               ¨  Very Urgent

 

C-NATURAL PERSON CARRYING OUT SUSPICIOUS TRANSACTION4

 

For whom the transaction is carried out

¨ On behalf of himself/herself ¨ On behalf of another person

Is ID-Card False?

¨ Yes            ¨ No

Name

 

Surname

 

Date and Place of Birth

 

Mother’s Name

 

Father’s Name

 

Gender

¨ Male          ¨ Female

Nationality

 

TR ID No

 

Type and No of ID Document

¨ ID-Card     No:
¨ Driver License No:
¨ Passport No:
¨ Residence Permit No:
¨ Other (Type and No):

Address

¨ Home:
¨ Business:

Phone

¨ Home:
¨ Mobile:
¨ Business:

Fax No

 

e-mail

 

Occupation

 

 

Additional information, if any

 

 

D-NATURAL PERSON ON BEHALF OF WHOM THE TRANSACTION IS CARRIED OUT5

 

Is ID-Card False?

¨ Yes            ¨ No

Name

 

Surname

 

Date and Place of Birth

 

Mother’s Name

 

Father’s Name

 

Gender

¨Male           ¨ Female

Nationality

 

TR ID No

 

Type and No of ID Document

¨ ID-Card     No:
¨ Driver License No:
¨ Passport No:
¨ Residence Permit No:
¨ Other (Type and No):

Address

¨ Home:
¨ Business:

Phone

¨ Home:
¨ Mobile:
¨ Business:

Fax No

 

e-mail

 

Occupation

 

 

Additional information, if any

 

 

E-LEGAL PERSON/ORGANIZATION NOT LEGAL PERSON ON BEHALF OF WHOM THE TRANSACTION IS CARRIED OUT6

 

Is ID Document False?

¨ Yes            ¨ No

Title 7

 

Name of Business Enterprise, if any

 

Tax Identification Number

 

Trade Registry No 8

 

The Country Where it is established

 

Place of Establishment

 

Date of Establishment

 

Address

 

Phone

¨ Mobile       :
¨ Business     :

Fax

 

e-mail

 

website

 

 

Additional information, if any

 

 

F-INFORMATION ABOUT THE SUSPICIOUS TRANSACTION

 

 

Date of the Transaction

 

¨ In a Single Transaction        : ../../….
¨ In the Connected Transactions : ../../….  -  ../../….

 

Is there any monetary value / movement in the transaction?

 

¨Yes              ¨ No

 

Whether the transaction is connected with an account

 

¨ Connected  (In case of marking this option, please fill the Section B of the Form)
¨ Not connected

 

Place where the transaction is carried out9

 

Type of the transaction

 

Amount of the transaction10

 

 

Place where the transaction is carried out or its method

 

¨ Branch        ¨ ATM                      ¨ Internet banking
¨ Phone banking         ¨ Other

 

G-ACCOUNT INFORMATION RELATED TO THE SUSPICIOUS TRANSACTION REPORT11

 

Type of Account

 

¨ Cheque                   ¨ Safe-Deposit Box        ¨ Forward Exchange        ¨ Exchange Deposit 
¨ Demand Deposit           ¨ Investment                   
¨ Other

Financial Institution within which the account is held.

 

Account No

 

IBAN

 

Account Owner

 

Opening Date of the Account

../../….

Closing Date of the Account

 

Last Balance of the Account

 

Branch within which the account is held.

 

Exchange Type of the Account

 

Is there any legal restriction on the account?

¨Yes              ¨ No

 

Explanation on the legal restriction

 

 

H-TYPE OF SUSPICIOUS TRANSACTION

 

 

TYPES OF SUSPICIOUS TRANSACTIONS

 

TYPE NO12

 

TYPES OF SUSPICIOUS TRANSACTIONS IN GENERAL

 

   Types related to customer profile

 

 

   Types related to transactions

 

 

TYPES OF SUSPICIOUS TRANSACTIONS AS TO SECTORS

 

    Types related to banking sector

 

 

    Types related to insurance sector

 

 

    Types related to capital market

 

 

    Types related to authorized institutions

 

 

    Types in relation to money lenders

 

 

    Types in relation to factoring companies

 

 

    The types in relation to financial leasing companies

 

 

    The types in relation to consumer finance companies

 

 

    The types in relation to postal and cargo services and
cargo companies

 

 

    The types in relation to real-estate sector

 

THE TYPES OF TRANSACTIONS IN RELATION TO FINANCING TERRORISM

 

The types of transactions carried out with the persons or with risky countries suspected to be in connection with terrorist organizations

 

 

The types of transactions in relation to non-profit organizations

 

 

EXPLANATION

 

 

 

 

 

 

 

 

Compliance Officer
Name, Surname and Signature13

 

1 Name and surname for natural person obliged party, trade title for legal person obliged party, name of unincorporated  obliged party

2 The group of the obliged parties listed in Article 4 of “Regulation On Measures Regarding Prevention Of Laundering Proceeds Of Crime And Financing of Terrorism” where related obliged party is included.

3 ID number for natural person obliged parties, tax identification number for other obliged parties.

4 In the suspicious transactions carried out by several natural persons, information about each natural person carried out the transaction.

5 In the suspicious transactions where there are several natural persons on behalf whom transactions are carried out, information about each person for whom a transaction is carried out.

6 In the suspicious transactions where there are several legal persons on behalf whom transactions are carried out, information about each legal person for whom a transaction is carried out.

7 Trade title for the legal persons entered in trade registry, name of association, foundation, labor union, confederation and organizations not legal person, related unit of political party.

8 Trade registry number for the legal persons entered in trade registry, generation number for associations, principal register number for foundations, register number for labor unions and confederations.

9 Province and district, and names of branch, agency etc. where the transaction is carried out.

10 Indicating currency as well.

11 It should be filled by the obliged parties listed in sub-paragraph (a)-(h) of paragraph 1 of Article 4 of “Regulation On Measures Regarding Prevention Of Laundering Proceeds Of Crime And Financing Of Terrorism” (including PTT provided that limited to banking activity).

12 Number of Proper type(s) of suspicious transactions listed in ANNEX.1.

13 For the obliged parties not required to assign compliance officer the Form is signed by a person who carry out the transaction or who detect suspicious transaction or who is entitled to sign to conclude this transaction together with the compliance officer.

 

 

 


[1] Published in the Official Gazette No. 26999, dated 16.09.2008

[2] With respect to banks and obliged parties to whom a compliance officer will be assigned for the first time, reporting suspicious transaction reports in accordance with the Regulation regarding the Implementation of Law No.4208 on Anti-Money Laundering put into force by Decision of Council of Ministers No. 97/9523, dated 03/06/1997 and relevant General Communiqués is maintained until the assignment is carried out.

[3] Obligation of The General Directorate of Post to report suspicious transactions through compliance officer is limited with banking activities and carrying out the obligation of suspicious transaction reporting which is related to its other activities and given in the (5.1.3) chapter of this Communiqué through this compliance officer is also possible.

[4] Published in the Official Gazette No. 26323 on 18.10.2008