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Definitions and clarifications

Politically exposed person (PEP):

  • «politically exposed person» means a natural person who is or who has been entrusted with prominent public functions and includes the following: heads of State, heads of government, ministers and deputy or assistant ministers; members of parliament or of similar legislative bodies; members of the governing bodies of political parties; 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; members of courts of auditors or of the boards of central banks; ambassadors, chargés d’affaires and high-ranking officers in the armed forces; members of the administrative, management or supervisory bodies of State-owned enterprises; directors, deputy directors and members of the board or equivalent function of an international organisation. No public function shall be understood as covering middle-ranking or more junior officials.
  • «family members of a politically exposed person» includes the following: the spouse, or a person considered to be equivalent to a spouse, of a politically exposed person; the children and their spouses, or persons considered to be equivalent to a spouse, of a politically exposed person; the parents of a politically exposed person.
  • «persons known to be close associates» means: natural persons who are known to have joint beneficial ownership of legal entities or legal arrangements, or any other close business relations, with a politically exposed person; natural persons who have sole beneficial ownership of a legal entity or legal arrangement which is known to have been set up for the de facto benefit of a politically exposed person.

United States person: 

Any person meeting at least one of the following criteria: 

  1. The individual has citizenship or a valid residence permit (Green Card) in the U.S.;
  2. The individual’s tax residence country is the U.S.; 
  3. The individual was born in the U.S.; 
  4. The legal entity has a phone number with a U.S. country code; 
  5. The residential or correspondence address of the individual is in the U.S. (including a P.O. Box in the U.S.); 
  6. A Power of Attorney has been issued to an individual/legal entity with an address in the U.S.

Beneficial owner:

Any natural person(s) who ultimately owns or controls the customer and/or the natural person(s) on whose behalf a transaction or activity is being conducted and includes at least:

In the case of corporate entities:

  •  the natural person(s) who ultimately owns or controls a legal entity through direct or indirect ownership of a sufficient percentage of the shares or voting rights or ownership interest in that entity, including through bearer shareholdings, or through control via other means, other than a company listed on a regulated market that is subject to disclosure requirements consistent with European Union law or subject to equivalent international standards which ensure adequate transparency of ownership information.

A shareholding of 25 % plus one share or an ownership interest of more than 25 % in the customer held by a natural person shall be an indication of direct ownership. A shareholding of 25 % plus one share or an ownership interest of more than 25 % in the customer held by a corporate entity, which is under the control of a natural person(s), or by multiple corporate entities, which are under the control of the same natural person(s), shall be an indication of indirect ownership.

  • if, after having exhausted all possible means and provided there are no grounds for suspicion, no such natural person is identified, or if there is any doubt that the person(s) identified are the beneficial owner(s), the natural person(s) who hold the position of senior managing official(s), the obliged entities shall keep records of the actions taken in order to identify the beneficial ownership as specified herein.

In the case of trusts:

  • the settlor;
  • the trustee(s);
  • the protector, if any;
  • the beneficiaries, or where the individuals benefiting from the legal arrangement or entity have yet to be determined, the class of persons in whose main interest the legal arrangement or entity is set up or operates;
  • any other natural person exercising ultimate control over the trust by means of direct or indirect ownership or by other means;
  • in the case of legal entities such as foundations, and legal arrangements similar to trusts, the natural person(s) holding equivalent or similar positions.

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