Guidance Note On Reporting by Dealers in Precious Metal and Precious Stone Dated 3rd July 2023
Guidance Note On Reporting by Dealers in Precious Metal and Precious Stone Dated 3rd July 2023
Guidance on Reporting by
Dealers in Precious Metals and
Precious Stones
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Confidential: Guidance on Reporting by Dealers in Precious Metals and Precious Stones
Table of Contents
Acronyms ..................................................................................................................................... 3
Acronyms ..................................................................................................................................... 3
Introduction ................................................................................................................................. 4
1. Background ..................................................................................................................... 4
2. Purpose of this guidance ............................................................................................ 4
3. Scope................................................................................................................................. 5
4. General Obligations....................................................................................................... 5
4.1. Mechanism for information sharing between Industry Councils and
Associations and FIU-India ..................................................................................................... 5
4.2. Policies and Procedures to Combat Money Laundering, Counter Terrorist
Financing and Combat Proliferation Financing: (AML/CFT/CPF Program) ................ 5
4.3. Internal policies, procedures, and controls signed off by the Board/ Top
Management of the Dealer ....................................................................................................... 5
4.4. Appointment of a Nodal Officer for the purpose of interaction and information
sharing with FIU-India ............................................................................................................... 5
4.5. Training of Dealers ........................................................................................................ 6
4.6. Client due Diligence (CDD) Norms ............................................................................ 6
4.7. Enhanced Due Diligence (EDD) Norms .................................................................... 6
4.8. Sanctions screening...................................................................................................... 7
5. Reporting Obligations of Dealers .............................................................................. 7
6. Sharing of information with Financial Intelligence Unit-India ............................ 8
7. Risk Based Assessment .............................................................................................. 8
Annexure I ..................................................................................... Error! Bookmark not defined.
Annexure II ................................................................................................................................... 9
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Confidential: Guidance on Reporting by Dealers in Precious Metals and Precious Stones
Acronyms
Term Definition
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Confidential: Guidance on Reporting by Dealers in Precious Metals and Precious Stones
Introduction
1. Background
The Department of Revenue vide notification F.No. P-12011/14/2020-ES Cell-DOR dated
December 28, 2020, has notified dealers in precious metals, precious stones (hereinafter
referred to as ‘Dealers’ for the purpose of these guidelines), as persons carrying on
designated businesses or professions – if they engage in any cash transactions with a
customer equal to or above INR ten lakh, carried out in a single operation or in several
operations that appear to be linked.
The present guidance is intended to lay down the steps to be undertaken by dealers to
discourage and prevent the misuse of their business for money laundering, terrorist
financing or proliferation financing activities.
The strategy to combat money laundering, terrorist financing and proliferation financing
is envisaged to be threefold.
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Confidential: Guidance on Reporting by Dealers in Precious Metals and Precious Stones
3. Scope
The guidance apply to dealers and explain how they should implement the AML/CFT/CPF
obligations effectively.
4. General Obligations
4.1. Mechanism for information sharing between Industry Councils and
Associations and FIU-India
The mechanism for sharing of information regarding the misuse or attempts to misuse the
sector for the purpose of money laundering, terrorist financing and proliferation financing
envisages on-boarding of dealers onto the platform created for the purpose of
disseminating information and guidance by FIU-India to dealers, as well as to enable
dealers to report any suspicious transaction or any other reportable transaction, when
detected, to FIU-India. Operational details of the proposed mechanism are in Annexure
II.
4.3. Internal policies, procedures, and controls signed off by the Board/ Top
Management of the Dealer
Every Dealer shall establish appropriate policies and procedures for the prevention of ML,
TF, and PF, and ensure their effective implementation. In this regard,
4.3.1 The Industry Councils and Associations should educate their members regarding
the risks posed by ML/TF/PF activities and ensure that the spirit of this guidance
and internal policies and procedures are understood by all members
4.3.2 The dealers should undertake Client Due Diligence (CDD) to the extent that it is
sensitive to the risk of ML, TF and PF depending on the type of client, business
relationship or transaction;
4.4.1 Appointment:
Every dealer having gross annual turnover more than Rs. 500 Crore in previous
financial year (e.g. FY 2022-23) must appoint a ‘Nodal Officer’ for the purpose of
interaction and information sharing with FIU-India. For the dealers having gross annual
turnover less than Rs. 500 Crore in previous financial year (e.g. FY 2022-23), ‘Nodal
Officer’ will be appointed by Industry Council and Association and would serve as a link
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Confidential: Guidance on Reporting by Dealers in Precious Metals and Precious Stones
between the dealers, Industry Council and Association and FIU-India for co-ordination
and dissemination of information. The Nodal Officer would be on boarded onto the
platform referred to in 4.1 above. The contact details of the Nodal Officer should be
communicated to FIU-IND within 7 (seven) days of appointment/ changes.
The Nodal Officer would serve as a link between the dealers, Industry Councils and
Associations, on one hand, and FIU-India, on the other hand for co-ordination and
dissemination of information. The Nodal Officer would have access to FINGate mobile
application as defined in Annexure II under ‘Access to FINGate mobile application’.
4.5. Training of Dealers
Dealers should examine, as far as reasonably possible, the background and purpose of
all complex, unusually large transactions, and all unusual patterns of transactions,
which have no apparent economic or lawful purpose. This is particularly applicable
to B2B dealers, bullion traders, diamond bourses etc. where the risks of money
laundering, terrorist financing or proliferation financing are higher. Such dealers should
be required to conduct enhanced due diligence, consistent with the risks identified. In
particular, they should increase the degree and nature of monitoring of the business
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Confidential: Guidance on Reporting by Dealers in Precious Metals and Precious Stones
4.7.1 Dealers may apply EDD measures to business relationships and transactions
with natural and legal persons from higher risk jurisdictions specifically with
countries designated as tax-havens and those on the FATF grey and black lists.
4.7.2 Dealers must implement EDD procedures when entering into business
relationships with Politically Exposed Persons (“PEPs”).
Industry Councils and Associations are advised to actively raise awareness among all
their members especially B2B dealers, bullion traders, diamond bourses etc. regarding
sanctions screening to be carried out against customers (current and prospective) as well
as suppliers etc., both at the time of on boarding as well as when transactions are initiated.
Dealers must ensure prompt application of the directives when issued by the competent
authorities for implementing United Nations Security Council Resolutions relating to the
suppression and combating of terrorism, terrorist financing and proliferation of weapons
of mass destruction and its financing, and other related directives, as well as compliance
with all other applicable laws, regulatory requirements and guidelines in relation to
economic sanctions.
Dealers must also ensure prompt application of the directives when issued by the
competent authorities relating to the individuals designated as ‘terrorist’ under Section
35(1)(a) of the UAPA, 1967 and directives when issued by the competent authorities
under WMD Act, 2005.
The Financial Intelligence Unit-India (FIU-IND) has been set up by the Government of
India to coordinate and strengthen collection and sharing of financial intelligence through
effective national, regional, and global network in respect of money laundering, terrorist
financing and proliferation financing.
Industry Councils and Associations are advised to encourage their members, where they
have reasonable grounds to suspect that funds are the proceeds of crime or are related
to ML, TF and PF, to report their suspicions promptly to FIU-India. Special attention
should be paid to all complex, unusually large transactions and all unusual patterns which
have no apparent economic or visible lawful purpose. It is to be noted that as per
Department of Revenue Notification (F.No. P-12011/14/2020-ES Cell-DOR) dated
December 28, 2020, dealers in precious metals, precious stones, have been notified, as
persons carrying on designated businesses or professions – if they engage in any cash
transactions with a customer equal to or above INR ten lakh, carried out in a single
operation or in several operations that appear to be linked, and as such, needs to register
themself with the Director, FIU-IND, at the first instance of such transactions.
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Confidential: Guidance on Reporting by Dealers in Precious Metals and Precious Stones
In view of the same, the background of such transactions, including all documents/ office
records/ memorandums pertaining to such transactions, as far as possible, should be
examined by the ‘Principal Officer’ and shared with FIU-India within 7 days of forming
such a suspicion in order to prevent unnecessary delay in preventing such criminal
activity. The process of enrolment as ‘Reporting Entity’ and appointment of ‘Principal
Officer’ is provided in Annexure II under ‘Access to FINGate Portal’.
In order to leverage their expertise in the sector, Industry Associations and Councils are
advised to undertake a risk-based approach, to help their members to understand their
risk exposure and ways to mitigate their money laundering and terrorist financing risk
based on three main categories Country/geographic risk, customer/counter-party risk,
and product/service risk.
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Confidential: Guidance on Reporting by Dealers in Precious Metals and Precious Stones
Annexure II
Information Sharing Mechanism: Dealers and FIU-India
In order to enable effective sharing of information regarding the misuse or attempts to
misuse the sector for purposes of laundering proceeds of crime, terrorist financing and
proliferation financing with FIU-IND, the following mechanism has been designed.
The proposed mechanism is divided under three main heads.
3. In case of any issues during enrolment or accessing and using the application,
please reach out to helpdesk team of FIU IND as per following details:
Email ID- [email protected]
Contact number: 1800-889-0238 (Timing 9.30 am to 6.00 pm on all days except
holidays)
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Confidential: Guidance on Reporting by Dealers in Precious Metals and Precious Stones
1 All entities who complete the registration on FINGATE 2.0 portal would be able to
download the mobile application after they login on the portal. Also the link to
download the app would be sent to the respective email ids once the registration is
completed. All communications related to notifications, alerts, guidelines, MIS reports
and secure messaging would be available on the mobile app for the users.
2 This mobile-app would be utilized for various activities such as outreach programs,
notifications, sharing of guidelines etc.
It is to be noted that reporting of all prescribed reports viz. suspicious transactions reports,
Cash Transaction reports and other reports can be done only through the FINGate Portal
as per the prescribed format only. They can submit the report by giving basic entity details
and on submission of the report, the ‘Primary User’ role will get changed to ‘Principal
Officer’. This FIUREID will subsequently be used for all future reporting to FIU-India.
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Confidential: Guidance on Reporting by Dealers in Precious Metals and Precious Stones
The role of Nodal officer/ Primary User has been defined in Para 4.4.2 of FIU-India
guidance dated 03.07.2023. The Nodal Officer would have access to FINGate mobile
application and can access all messages, notifications, alerts, etc. pushed by FIU-India
on mobile application. The role of Nodal officers is educate and sharing of information to
the dealers/ members of association on AML risks & the guidance.
3. What is the process of enrolment of Nodal Officer/ Primary User with FIU-
India?
The process of enrolment of Nodal Officer/ Primary User for Dealers/ Associations is
defined in the Annexure- II of FIU-India guidance dated 03.07.2023. However, the
elaborated process for enrolment of Nodal Officer (Primary User) has been placed at
‘Annexure-A’ of this clarification.
No, Nodal officer/ Primary User cannot submit any report at FIU-India portal. Nodal
officer will only have access to FINGate mobile application wherein he/ she can only view
Confidential: Guidance on Reporting by Dealers in Precious Metals and Precious Stones
The Dealer can be register themselves as RE with FIU-IND following the user manual
available at FIU-IND portal at https://fiuindia.gov.in/files/misc/finnet2.html.
Annexure-A
Restricted Page |1
User Manual - FINGate 2.0 – Enrolment of Association / Dealer in PMS Version 1.0
Table of Contents
1 Introduction ................................................................................................................................................ 4
1.1 Purpose ............................................................................................................................................... 4
1.2 Scope................................................................................................................................................... 4
2 Sign-up Process........................................................................................................................................... 4
3 First time password generation and Soft Token Enrolment .................................................................... 6
4 Enrolment of Associations/ Dealers in Precious Metals and Stones ..................................................... 12
1 Introduction
1.1 Purpose
Project FINnet 2.0 envisions to streamline and redefine the process of collection, processing, and
dissemination of data for the purpose of effectively generating meaningful intelligence to curb
money laundering activities and enforce the provision of PMLA in India. This is a project of national
importance and aims to strengthen the financial security architecture of India. The mission
statement of FINnet 2.0 states – To provide quality financial intelligence for safeguarding the
financial system from the abuses of money laundering, terrorism financing, and other economic
offenses.
FINnet 2.0 is implemented as a set of three (3) systems to ensure that the data ingested and
processed by the three is isolated and immune to security threats as much as possible and all data
is secure. The systems are listed below –
The proposed FINGate system shall consist of multiple reporting mechanisms to ensure compliance
and facilitate quick and easy reporting for reporting entities.
1.2 Scope
2 Sign-up Process
New entity can initiate the enrolment process by accessing a ‘Sign Up for Enrolment’ link in the Welcome
page. To access the FINGate portal, navigate to https://www.fingate.gov.in/.
1. The User will click on the ‘Sign Up for Enrolment’ link present on the welcome page of FINGate 2.0
portal.
2. Upon clicking the link, the user will be directed to the Self Enrolment page.
3. The User will enter Name in entity name field and in Entity type user need to select either ‘Body
of Associations’ or ‘Dealers in Precious metal and stones’.
4. The user will enter all other mandatory details such as primary user details and address details.
5. The User will click on the send OTP button.
6. The User will enter the OTP and click on submit button.
7. The system will send an email notification to the email id provided in the page. This notification
will contain a link to generate the first time password. Please refer to section 3 of this document
for details on generating the first time password.
8. After generating the first time password, the system will redirect the user to the login page. Please
refer to section 4 of this document for details on login to the portal.
1. The basic details of users are captured during sign-up process and user will receive an email
with the link and temporary password to register.
2. Users need to login with the User ID (Email-Id) and Temporary Password as mentioned in the
mail.
3. Upon clicking the link, the user will be asked to mandatorily setup two security questions. In
case user forgets the password, the password can be reset by answering the security
questions. Two questions need to be chosen from the available list and their answers need to
be typed by the user.
4. The User will get success message on clicking on the “Save Answers” button. Then User need
to click on continue button.
5. The user is then required to enter the temporary password as received in the email. On clicking
on the “Continue” button the user will be redirected to the Change password screen.
6. The user will enter New Password and confirm the new password in the Confirm Password
textbox.
The password created must comply with FIU-IND password policy as provided below:
a. Password is case sensitive.
b. Must be at least 8 characters long.
c. Must include at least 1 letter.
d. Must include at least 1 number.
e. Must have at least 1 symbol (non-letter or number) character.
f. Must have at least 1 lowercase letter.
g. Must have at least 1 uppercase letter.
h. Must not include part of your name or username.
i. Must have at least 2 types of the following characters:
i. Uppercase (A-Z)
ii. Lowercase (a-z)
iii. Number (0-9)
iv. Symbol (!, #, $, etc.)
v. Other language characters not listed above
7. The user will be redirected to the success message screen and on clicking the “continue”
button the user will be then redirected to the FINGATE portal, and they need to click on the
login link to Login.
8. The user needs to enter the email address as the User ID and the newly created password to
login.
9. After login the user will be redirected to the device registration screen and user needs to
register their smart device. At a given time, only 1 smart device can be registered for the user.
User needs to download the Google or any other Authenticator application from Google Play
Store or Apple App Store. The user can either scan the QR code or enter the generated key on
the screen. Then the user needs to enter the generated code from the Authenticator
application to proceed ahead.
10. The user needs to choose either Email or SMS to receive the OTP.
11. The user needs to enter the OTP to proceed ahead. If OTP is not received, then user can click
on “Resend new OTP” button to generate the new OTP.
1. The Primary user of the entity will receive an email containing detailed instructions, a link to enrol
on the FINGate 2.0 portal and the contact number of Unified Communication Centre (UCC).
2. Upon clicking the link, the user will be directed to the password generation page.
3. The user shall generate first time password as detailed in Section 3 of this document.
4. Post password generation, the user will login to FINGate portal.
5. The user shall identify its organization as Others before proceeding for the Enrolment process.
9. The primary user will further upload the self-declaration which should be Self-certified. Self-
declaration templates will be provided by the FIU and the templates will be available for
download.
10. After filling all details, the user will click on ‘Next’ button.
11. On clicking ‘Next’ button user will need to enter the registered details.
12. If the country of the address is ‘India’ then the pin code, state, district and city will be validated
with metadata in the portal.
13. If the country of the address is not ‘India’ then primary user will fill the values corresponding to
the applicable country in pin code, state and district fields. For example, instead of pin code, zip
code may be entered.
14. The user will click on ‘Preview’ to view the enrolment form before submission.
15. The user will click on ‘submit’ to submit the enrolment form.
16. After submission, the enrolment form will be sent to FIU-IND for documents validation and
approval.
17. Once the FIU-IND will approve the request, User will get a mail and message with entity id.
18. The user can download the mobile app from ‘Learning and Resource’ tab.