Escolar Documentos
Profissional Documentos
Cultura Documentos
I. Phil. AMLA
History of AMLA and its Amendments
Republic Act (RA) No. 9160
Also known as the Anti-Money Laundering Act of 2001. This act defines the crime of
money laundering, providing penalties therefor and for other purposes. This also created
the Anti-Money Laundering Council (AMLC) as the Financial Intelligence Unit (FIU) in the
Philippines.
RA 9160 was passed mainly because the Paris-based Financial Action Task Force (FATF)
had included the Philippines in an international blacklist of money laundering havens. This
made financial transactions and other business operations difficult in the Philippines. The
government complied, but left so many offenses beyond the reach of the Anti-Money
Laundering Council, including corruption, bribery and malversation of public funds.
This prompted the government to made amendments to the AMLA.
AMLA or RA9160 took effect on October 17, 2001.
Salient Features
Role of AMLC
ATC
Terrorism
and
financing
terrorism
Hijacking,
Carnapping,
Murder, etc.
Bribery and
corruption of
public officers
Violations of
Natural
Resources &
Environmental
codes
Child abuse,
pornography
and
exploitation
Its a crime whereby the proceeds of an unlawful activity (as defined in the AMLA), are
transacted or attempted to be transacted to make them appear to have originated from
legitimate source.
Amended definition:
Section 4 of the same Act was amended to read as follows:
Money Laundering is committed by any person who, knowing that any monetary
instrument or property represents, involves, or relates to the proceeds of any unlawful
activity:
a. Transact said monetary instrument or property;
b. Converts, transfers, disposes of, moves, acquires, possesses or uses said monetary
instrument or property;
c. Conceals or disguises the true nature, source, location, disposition, movement or
ownership of or rights with respect to said monetary instrument or property;
d. Attempts or conspires to commit money laundering offenses referred to in
paragraphs (a), (b) or (c);
e. Aids, abets, assists in or counsels the commission of the money laundering offenses
referred to in paragraph (a), (b) or (c) above; and
f. Performs or fails to perform any act as a result of which he facilitates the offense of
money laundering referred to in paragraph (a), (b) or (c) above.
Money Laundering is also committed by any covered person who, knowing that a covered
or suspicious transaction is required under this Act to be reported to the Anti-Money
Laundering Council (AMLC), fails to do so.
the stage where the proceeds of an illegal activity dirty money initially enters the
financial system, such as with banks and other financial institutions that includes
money remittance entities.
2. LAYERING
putting transactions layer after layer on top of each other to hide the connection
between the dirty money, the illegal activity and the criminals who are profiting
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from the unlawful activity. The dirty money is moved around across many
businesses and institutions to make it look like an ordinary or legitimate
transaction. The purpose of which is to eliminate the trail of the dirty money. This
process becomes almost impossible to trace back where it came from.
3. INTEGRATION
the final stage where the dirty money, now clean, is back to the criminal or the
money launderer and re-introduces the money to the legitimate economy by
purchasing real estate, luxury goods, investing in a company, businesses, etc.
1.
Kidnapping for
Ransom
25. Carnapping
26. Illegal/Unlawful
Possession, Manufacture,
Dealing In, Acquisition or
Disposition of Firearms,
Ammunition or Explosives
2.
Dangerous Drugs
3.
4.
Plunder
5.
Robbery and
Extortion
6.
18. Forgeries an
Counterfeiting
7.
8.
Qualified Theft
9.
Swindling
10. Smuggling
27. Fencing
28. Violation of Migrant
Workers and Overseas
Filipinos Act
countries
11. Violation of Electronic
Commerce Act
12. Hijacking, Destructive
Arson and Murder,
including those
perpetrated against
non-combatant
person (terrorist acts)
Customer
Refers to any person or entity that keeps an account, or otherwise transacts business,
with a covered institution and any person or entity on whose behalf an account is
maintained or a transaction is conducted, as well as the beneficiary of said transactions.
A customer also includes the beneficiary of a trust, an investment fund, a pension fund or
a company or person whose assets are managed by an asset manager, or a grantor of a
trust. It includes any insurance policy holder, whether actual or prospective.
Beneficial owner
Refers to a natural person(s) who ultimately owns or controls the account and/or the
person on whose behalf a transaction is being conducted. It also includes those persons
who exercise ultimate effective control over a legal person or arrangement.
Terrorist
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Types of Transactions:
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Although BSP Circular 608 listed valid photo-bearing IDs, Western Union identified the
following as acceptable IDs (in consideration of FRAUD):
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Note:
MNLF ID is not considered a valid ID pursuant to BSP Circular Nos. 608 & 657
(BSP clarification Sep 2009)
Minor customers (below 18 years old) are not allowed to send money.
WU accepts the following non-digitized photo ID only for DMT transactions and
customers has not received/sent more than PHP3,000 in a month. (Refer to added
WU controls)
Barangay Clearance/Certification
DSWD Certification
TIN Card
Homeowner/Village Associations ID
Philhealth ID
Other IDs issued by the govt & its instrumentalities (non-digitized hard plastic
type)
Name
Present Address
Permanent Address (if different from the present address)
Date and Place/Country of Birth
Nationality
Occupation/Nature of work and name of employer/business
Contact Numbers
Tax Identification Number, Social Security Number or Government Service and
Insurance System Number, if any
9. Specimen Signature
10. Source of Funds / (Source of foreign currency/ies or purpose of purchase for
FX/MC business)
11. Names of and relationship with beneficiary/ies (BSP Cir 471)
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City
Province
Fax
Tax identification
No.
E-mail address
Zip
Website addresss
Articles of Incorporation
Articles of Partnership
By-laws
Board Resolution
DTI Registration
Business Permit
* BSP Requirement per Rule 9.1 of the RIRR R.A. No.9160, as amended by R.A. No. 9194
**If USD15,001 and above, please use the LPMT Form
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6. Face-to-Face Contact (Rule 9.a.7 of RIRR and Section X806.1.e of Circular 706
or UARR)
that it has already conducted face-to-face contact provided that the pertinent
requirements in Rule X806.2.e.1 are also met.
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Confidentiality Provisions
When reporting covered transactions or suspicious transactions to the AMLC,
covered institutions and their officers and employees, are prohibited from
communicating, directly or indirectly, in any manner or by any means, to any
person, entity, the media, the fact that a covered or suspicious transaction
report was made, the contents thereof, or any other information in relation
thereto. Neither may such reporting be published or aired in any manner or form
by the mass media, electronic mail, or other similar devices. In case of violation
thereof, the concerned officer, and employee, of the covered institution, or
media shall be held criminally liable.
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Section 4 (a) of the AMLA. Any person knowing that any monetary instrument or
property represents, involves, or relates to, the proceeds of any unlawful activity, transacts
or attempts to transact said monetary instrument or property .
Imprisonment ranging from seven (7) to fourteen (14) years and a fine of not less
than Three Million Pesos (Php3, 000,000.00) but not more than twice the value of
the monetary instrument or property involved in the offense, shall be imposed
upon a person convicted under this Section.
Section 4 (b) of the AMLA. Any person knowing that any monetary instrument or
property involves the proceeds of any unlawful activity, performs or fails to perform any
act as a result of which he facilitates the offense of money laundering referred to in
paragraph (a) above
Imprisonment from four (4) to seven (7) years and a fine of not less than One
Million Five Hundred Thousand Pesos (Php1, 500,000.00) but not more than Three
Million Pesos (Php3, 000,000.00) upon a person convicted under Sec 4 (b).
Section 4 (c) of the AMLA - Any person knowing that any monetary instrument or
property is required under this Act to be disclosed and filed with the Anti-Money
Laundering Council (AMLC), fails to do so."
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Imprisonment from six (6) months to four (4) years or a fine of not less than One
Hundred Thousand Pesos (Php100,000.00) but not more than Five Hundred
Thousand Pesos (Php500,000.00), or both. (Failure to report covered or suspicious
transactions to AMLC)
Administrative Sanctions.
- After due notice and hearing, the AMLC shall, at its
discretion, impose fines upon any covered institution , its officers and employees or any
person who violates any of the provisions RA9650, as amended by RA 9194 and rules,
regulations, orders and resolutions issued pursuant thereto.
In no case shall such fines be less than One Hundred Thousand pesos
(P100,000.00) but not to exceed Five Hundred Thousands Pesos (P500,000.00).
The imposition of the administrative sanctions shall be without prejudice to the
filing of criminal charges against the persons responsible for the violations.
Failure to Keep Records. - The penalty of imprisonment from six (6) months to one (1)
year or a fine of not less than One Hundred Thousand Philippine Pesos
(Php100,000.00) but not more than Five Hundred Thousand Philippine Pesos
(Php500,000.00), or both.
Penalties for Malicious Reporting. - Penalty of six (6) months to four (4) years
imprisonment and a fine of not less than One Hundred Thousand Philippine Pesos
(Php100, 000.00) but not more than Five Hundred Thousand Philippine Pesos
(Php500, 000.00), at the discretion of the court: Provided, That the offender is not
entitled to avail the benefits of the Probation Law.
Sec.9 (c). Malicious Reporting - Any person who, with malice, or in bad faith,
reports or files a completely unwarranted or false information relative to
money laundering transaction against any person.
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BSP Rules of Examination. - (Rule 11.3.a) The BSP shall promulgate its rules of
examination for ensuring compliance by banks and non-bank financial institutions
and their subsidiaries and affiliates with the AMLA and these rules.
Any findings of the BSP which may constitute a violation of any provisions of this
act shall be transmitted to the AMLC for appropriate action.
Rule of Procedure Governing Admin Investigations by the AMLC Secretariat
(Adopted by AMLC in Jul 2007)
The Rule shall apply to all investigations concerning covered institutions and
their personnel in cases of:
1. Violations of the provisions of the AMLA, as amended, and its implementing
rules on:
a.
b.
c.
d.
2.
3.
4.
5.
Malicious reporting
Breach of confidentiality
Other violations of the AMLA, as amended, and its implementing rules; and
Violation of issuances, orders and resolutions issued by the AMLC
Rule 17.2.b. Every money laundering program shall establish detailed procedures
implementing a comprehensive, institution-wide "know-your-client" policy, set-up an
effective dissemination of information on money laundering activities and their
prevention, detection and reporting, adopt internal policies, procedures and controls,
designate compliance officers at management level, institute adequate screening and
recruitment procedures, and set-up an audit function to test the system.
Rule 17.2.c. Covered institutions shall adopt, as part of their money laundering programs,
a system of flagging and monitoring transactions that qualify as suspicious transactions,
regardless of amount or covered transactions involving amounts below the threshold to
facilitate the process of aggregating them for purposes of future reporting of such
transactions to the AMLC when their aggregated amounts breach the threshold.
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Section X809. AML Training Program Covered institutions shall formulate an annual AML training program aimed at
providing all their responsible officers and personnel with efficient, adequate and
continuous education program to enable them to fully and consistently comply
with all their obligations under these Rules, the AMLA, as amended, and its RIRR.
Trainings of officers and employees shall include awareness of their respective
duties and responsibilities under the MLPP particularly in relation to the customer
identification process, record keeping requirements and CT and ST reporting and
investigation of suspicious and money laundering activities.
The program shall be designed in a manner that will comprise of various focuses
for new staff, front-line staff, compliance office staff, internal audit staff, officers,
senior management, directors and stockholders.
Regular refresher trainings shall likewise be provided in order to guarantee that
officers and staff are informed of new developments and issuances related to the
prevention of money laundering and terrorism financing as well as reminded of
their respective responsibilities vis--vis the covered institutions processes,
policies and procedures.
Covered institutions annual AML training program and records of all AML
seminars and trainings conducted by the covered institution and/or attended by
its personnel (internal or external), including copies of AML seminar / training
materials, shall be appropriately kept by the compliance office / unit /
department, and should be made available during periodic or special BSP
examination.
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In compliance with RA9160 (or AMLA), as amended, and its revised implementing rules
and regulations (RIRR), below are internal requirements/processes adopted:
3. For extreme cases when brownout is encountered in the area/locality, you may
use your cell phone to take a picture of the ID. Make sure to completely capture
the full ID.
Once power is normalize, transfer the ID photo to your computer and
upload to on-line CIF.
4. Print hard copy of every ID type presented once and attached to the PK
application form of each customer and file. This is necessary to make sure we
have the copy of ID anytime especially during brownout, no connection or
on-line CIF is down or defective.
2. Record Keeping
Transaction documents of each product shall be kept by the location within 5 years from
date of transaction, except for transaction when a case in filed in court that the
documents will be kept longer until the case has been terminated/closed. Documents to
keep as follows:
a. WU - To Send Money (TSM), To Receive Money (TRM), Automated Cash Receipt (ACR)
Small Sheet.
b. Public FOREX - Foreign Currency Transaction Slip (FCTS), Foreign Currency Conversion
Slip (FCCS) and additional documents required for more than USD10,000 or
equivalent.
c. Panalo Wallet Cash-in transaction receipt, Cash-out transaction receipt,
Supplementary form and Amendment form of customer information and or any
updated transaction form
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d. Cash Master and Cash Card Cash Master Application form (or PK form), Loading Slip,
and Gen. Cash Disbursement Receipt (GCDR) for over the counter payment.
For Cash Card, Card Application form, card loading slip (or any transaction
form) and GCDR if any/applicable.
e. All hard and soft copies of customer CIF or PanaloKard forms and IDs or KYC. Any
additional forms/documents required by law.
Index cards where customer info were recorded prior to the CIF (PK form)
with attached ID copy shall be kept at the store level for further
reference/supporting documents.
f. Refer to guidelines adopted and issued in 2014 for record keeping.
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(3) BLACKLISTED
Customers tagged by Compliance under this category include those:
a. customers matching the WU Compliance rules, FRM (Fraud Risk Mgt)
and GSI (Govt Sanctions and Interdiction) RTRA ( Real Time Risk
Assessment)
b. identified and reviewed by USSC Compliance team and
confirmed/validated also by WU to be conducting illegal/unlawful
activities.
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Drugs
Arms Sales/Gun Running
Smuggling
Terrorist activities
Kidnapping for Ransom
Gambling - (Jueteng and where countries do not allow such activity like
on-line sabong, etc.)
Qualified Theft - (Credit cards, ATM cards, bank accounts, etc)
Swindling/Fraud - (like sending money to someone unknown and various
scams)
Robbery & Extortion, among others.
o
o
transactions
what is your experience with the customer, any pattern that deviate
from the past normal transactions? what are normal transactions for
the location or in the area? Is it more for family support or other business
transactions with legal existence, etc?
transacting with no apparent business, legal or trade obligation, lawful
purpose or economic justification, or related to unlawful activities
defined in the AMLA
same person/customer providing different names evidenced by the ID
types presented
No reasonable explanation
4. Data Integrity
As the law requires true identity and information of customers, the FLA must
completely and correctly record all customer data applicable/required.
Ensure that all forms, such as WU TRM & TSM, PK forms and the on-line CIF, Public
FOREX forms, Panalo Wallet transaction forms, and Cash Master/Card forms, are
properly and completely filled out.
ID presented is valid, genuine, unexpired and data properly written in each
transaction form and posted/recorded in the system accurately to match every
single customer.
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Customers specimen signature in any form shall match the specimen signature in
the ID presented.
Never create false names, records or information. Never use or record an ID type
and personal data of another customer, FLA or guard, including address and
contact number of the branch, to a different and or several customers.
This is a violation and non-compliance with the AMLA, as amended, and its
RIRR.
For WU, this integrity issue is enough reason for WU NPC, when complaint
arises, to charge the FLA for Paid-In-Error.
Damages the reputation of USSC, its officers , employees, and the business
It will hurt the community and the country
It will allow criminals and terrorist to use the financial system for illegal/unlawful
purpose
Penalizes the company and its officers/employees as a covered institution/person
for violation of AMLA
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WU complies with the regulatory requirement of each country they are present or
representated by its Agents. This includes Phil. AMLA requirements discussed in the previous
pages.
While WU is being monitored by govt authorities especially in the US, WU is also
monitoring all customer and agent activities by their Compliance team like FIU ( Financial
Intelligence Unit), GMI ( Govt Monitoring and Interdiction) and FRM (Fraud Risk Management).
WU identified suspicious transactions based on their defined rules and patterns are
endorse to Agent concerned for further review and/or immediately suspend/blocks the
transaction/customer when classified to be potential high risk.
Agent Limits - one way WU limits financial risk is by limiting tranactions. Network
Agents also have the option to limit their own exposure, based on their risk
tolerance. Limits help to enforce legal restrictions that may exist in specific
countries. They also provide security for the Agent and for WU.
These two (2) types of limits are Daily Limits and Transaction Limits.
Daily Limit is a maximum amount an Agent can send per day. If the limit
is reached on any day, the Agent must call the Regional Operations
Center to continue operations for that day, or use Agent portal to
adjust limit.
Transaction Limit - is the maximum amount an Agent can send in one transfer.
The purpose of this limit is to alert Western Union Compliance to
large transactions and to enforce country restrictions. To request
an exception for a particular transaction, an Agent must contact
Western Union or use Agent portal to adjust limit.
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FLA must apply Enhanced Due Diligence required for Nigeria Outbound
Transactions (effective Sep 15, 2012)
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However, sent to South West Border (SWB) STATES in the US, LPMT
threshold is US$7,500 (effective Jun 20, 2013). SWB States includes
the following:
Arizona maximum allowed transaction amount per day is
US$450 (check F2ZOOM)
Texas
California
New Mexico
What is required?
o Fill out the LPMT form. Request customer to provide supporting
document/s relative to the purpose of transaction and send to MTOC/BOS.
o MTOC/BOS will send the documents to WU for approval. Any additional
document requested must be provided by the customer.
o Advise customer it will take some delay. Wait for WU instructions if
approved or not.
o If approved, proceed to process. If not, inform customer its a WU
compliance decission.
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LPMT form sample ( request the form from MTOC/BOS if your location did not
kept/saved a copy)
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The agent with assistance from WU actively cooperates with all legitimate govt inquiries
& investigations. The WU system will screen or filter transactions for names identified
by relevant authorities.
When the system identifies this/these exact name/s that appears to match the given
watch lists published by govt authorities including the UN, the US Treasurys OFAC
(Ofc of Foreign Assets Control), the European Commission & the Monetary Authority of
Singapore, to name a few, the transaction will be suspended.
Under NO circumstances will a transaction be refunded to the sender or paid to the
payee as long as it remains suspended for review in the interdiction program.
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Note:
RTRA rules for Suspicious Cyberpornography or cybersex activities is different from the above
RTRA for govt monitored unlawful activities.
1. WU system monitored transactions/customers that matches WU rules are
automatically blocked by the system and for refund to senders.
2. If a customer is affected by the WU rules but have a legitimate personal or business
transaction, customer has to fill-out the 3 pages KYC questionnaire prepared by
WU and provide documents to clear the customer name/transactions. Send to
Compliance for endorsent and approval of WU.
Below example form:
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PROHIBITED TRANSACTIONS
Countries where Western Union is not presented
Transfer for gambling from/to the US and other countries that prohibits such
activity
Split transactions in general, for no valid reasons, when the purpose is to avoid
reporting or any violation of Anti-Money Laundering (AML) and its RIRRs.
However, if the purpose is due to a legitimate promotional activity/ies (lower
fees) or with limit of minimal principal amount per transaction to a destination
country/state and below the AML threshold or LPMT amount, this may be
allowed. (refer to F2ZOOM for updates and guidance in every destination
country)
Investment purposes purchase of stocks, bonds, mutual funds, etc.
Third Party transactions where the beneficial owner cannot be identified
Suspicious Transactions defined by AMLA
WU fulfill this commitment, in part, by complying with the laws that prohibits any of our
services from being used to transfer funds for the purpose of gaming either:
-
These are cross-border gambling activities, such as, internet casino type gambling, sports
betting and so-called sports information services.
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Some countries that prohibits gambling/gaming activities: (always refer to F2ZOOM for
country updates)
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(WU/USSC)
Location Security
Transaction Security
search a transaction
pay a valid transaction
reset your terminal ID, Optr Info & PC Signature
transaction details
operator & location information
WU traffic of the location, detailed procedures
any similar to the above with various reasons.
FRAUD WARNING:
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TYPES OF FRAUD
Consumer Fraud fraudulent activity that takes place outside
Western Union. Consumer fraud affects most banks and nonbank financial institutions.
Agent Fraud fraudulent activity committed by Western Union
Agents and its employees. Theft of funds (embezzlement),
Agent sent transactions w/o funds or divulged account
information, and misuse of MT system.
Fraud targeted at Western Union - Fraudulent activity targeted at
Western Union Phishing, Double dipping, Transfers sent
without funds.
Online Auction/Purchases
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LOTTERY/PRIZE Fraud
Did you ever purchase a lottery ticket?
Did you receive a text message that you won in an alleged raffle or promo?
Did you receive a letter/email pretending to be from WU about a consumer prize
of brand loyalty
No lottery company will ever ask you for upfront payment on winnings.
Have you tried using other resources to verify the company?
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you know
Pretending to be someone acting on behalf of an immediate family
member or relative
Pretends to be a doctor, police, military or Atty
Describes an urgent situation or emergency encountered by your
relative, friend or someone close to you
Requires you to send money very urgent
Be vigilant and advise/warn your sending customers about fictitious
transactions especially intended to:
NIGERIA & other AFRICAN countries
UK (United Kingdom)
MALAYSIA, etc.
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If the FLA suspects FRAUD and the Sender insist on sending, have the
customer sign the WAIVER form and file
AGENT FRAUD
o
o
o
o
o
Embezzlement or misappropriation
Transfers sent without funds
Transfers paid without customer present
Agent surfing the system
Duplication or emulation of Agents terminal
Misappropriation
FRAUD Targeting WU
o Phishing collecting data/information, these are callers, emails,
web links claiming to be from WU
o Double Dipping attempts to collect funds twice: e.g. family
members, friends using the same name
o Transfers sent without funds
o Emulation of Agents terminal compromise of location info
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Computer Crimes
Division (AFCCD)
INTERNATIONAL POLICE
AMLC
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Customer requesting POP, copy of ID or payout information of his/her send out due to
whatever reason/s must comply to provide a complete police report that contains the
following:
Veracity /Completeness of Request
Official Letterhead, if possible with Reference Number
Address
Precinct Number / Station Number
Contact Number
Authority for requesting information
Complaint emanating from either the Sender or Payee or Court
Case
Details of the complaint MTCN, Amount, Sender and Payee,
TSMF or TRMF
Whenever possible, authority request should cite specific
violations of i.e. Republic Act 7394 (The Consumer Act of the
Philippines); Republic Act 8792 (Electronic Commerce Act of
2000); Republic Act 8799 (The Securities Code); etc.
Type or kind of information needed
Requesting Officer
Complete Name
Rank and Designation / Position
Signature
EXAMPLE DOCS:
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SPOOFED Emails
spoof@westernunion.com
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