User Guide of OTC Platform on Anti-money Laundering and Counter-Terrorist Financing
Article 1 Objective and Basis of Preparation. Money laundering will dramatically impair the development of digital token transactions, encourage and breed corruption, degrade social conducts, damage users' legitimate rights and interests, weaken the foundation for table operation of digital token trading platform, and increase corresponding legal and operational risks. Considering this, the Over-the-Counter Trading Platform of KuCoin ("OTC Platform" or "Platform") hereby formulate the Guide in accordance with the Rules for Fiat Transaction and Risk Disclosure Statement in a bid to prevent money laundering and terrorist financing activities, and fully practice relevant anti-money laundering and counter-terrorist financing laws.
Article 2 Scope of Application. The Guide is applicable to all the users on the Platform. As the user of the Platform and trading party, you shall follow any provision stated herein in compliance with all the laws regarding anti-money laundering and counter-terrorist financing in any country or region with the right of jurisdiction, or your country or region. Notwithstanding the foregoing, the stricter requirements in your country or region shall prevail.
Article 3 Anti-money laundering and counter-terrorist financing. This refers to taking proper measures in accordance with relevant laws and anti-money laundering regulations of the Platform to prevent lawbreakers from covering up/ concealing any drug, gangland, terrorist, smuggling, corruption and bribery, financial fraud crimes, destroy of financial management order, as well as money laundering activities that conceal the source and nature of their illegal income through transactions on OTC Platform.
Article 4 Anti-money laundering regulations of the Platform. The anti-money laundering (including counter-terrorist financing, the same below) rules of the Platform include provisions regarding anti-money laundering in regulations issued by the Platform from time to time and the Guide. Where the contents contained herein conflict with other rules, the Guide shall prevail.
Article 5 Basic anti-money laundering principles of OTC Platform. The OTC Platform performs user risk monitoring and control in accordance with the following principles:
- The OTC Platform will consider all risks factors that may have users engaged in anti-money laundering, and take reasonable measures for risk monitoring.
- The OTC Platform will further enhance its capacity in user identification and prudentially monitor risks while having full understanding of users.
- The OTC Platform will continuously pay attention to the risks facing the users and take measures correspondingly.
Article 6 Submission of personal transaction documents. If the counterparty of a transaction on OTC Platform is a natural person, the Platform is entitled to requiring the submission of the following data and information as per the anti-money laundering regulations of the Platform:
- Name;
- Copy of ID card or passport;
- Other information or documents required by the OTC Platform.
Article 7 Submission of institute transaction documents. If the counterparty of a transaction on OTC Platform is not a natural person ("institute"), the Platform is entitled to require the submission of the following data and information as per the anti-money laundering regulations of the Platform:
- Company name;
- Registered office address;
- Legal representative/ authorized agent;
- Business license/certificate of incorporation and business registration certificate;
- Copy of ID card or passport of legal representative/ authorized agent;
- Other information or documents required by the OTC Platform.
Article 8 Review of documents submitted. The OTC Platform will verify and record relevant information submitted by you according to the user identification system in the Platform's anti-money laundering regulations. In case of any doubt about the information you submit, the Platform is entitled to verify it with relevant competent authority or department.
Article 9 Risky user monitoring. The OTC Platform will monitor risky users according to specific requirements of the Platform's anti-money laundering regulations to make clear their transaction purpose, source of funds, use of funds, financial status or operating status, and other information.
Article 10 Storage of documents submitted. The OTC platform will take necessary measures according to law to keep your identity and transaction information for a certain period of time. According to international general practices, your identity information and transaction information shall be kept for at least five years upon the termination of business relationship and transaction respectively.
Article 11 Notices. Users on the OTC Platform shall note that:
- It is prohibited to lend your account to others;
- It is prohibited to lease or lend your identity documents;
- It is prohibited to lease, lend or disclose your account, bank card, bankbook, password and other important information on your important properties;
- You shall cooperate with the OTC Platform in identity verification;
- You shall choose reliable third-party financial institution for payment during transaction on the OTC Platform.
Article 12 Reporting of suspicious acts. If you find any account that may be engaged in money laundering or terrorist financing activities during your transaction on the OTC Platform, you may notify the OTC Platform.
Article 13 Interpretation of the Guide. The Guide shall be interpreted by the OTC Platform.
Article 14 Effective date. The Guide shall come into force on the date of issuance.