Anti-Money Laun­dering / Patriot Act

Helaba is a credit institution authorized and regulated by the German financial and banking services regulator Bundesanstalt für Finanzdienstleistungsaufsicht (BaFin, Federal Banking Supervisory Authority).

The Federal Republic of Germany is a member state of the Financial Action Task Force (FATF), an intergovernmental body for the development and promotion of policies to combat money laundering, and of the European Union (EU) and has enacted laws and regulations in order to implement the Anti-Money Laundering Principles of the EU and the 40 Recommendations of the FATF.

The aim of this legislation is to implement internal rules and safeguards to prevent money laundering, in order to detect and thwart money laundering and potential terrorist financing. Compliance with these obligations is an integral part of Helaba's business policy.

Helaba monitors and reviews its anti-money laundering safeguards and objectives on a continuing basis and operates an efficient anti-money laundering program for its business activities.

Helaba has appointed a Group Money Laundering Reporting Officer (MLRO), who is responsible for the enforcement of the provisions of the German Money Laundering Act and the administrative regulations issued by the Federal Banking Supervisory Authority for implementing it, as well as for compliance with the provisions of the German Banking Act (Kreditwesengesetz - KWG) relating to money laundering. The MLRO has implemented appropriate internal safeguards to prevent Helaba from being abused for money laundering or terrorist financing.

Helaba has the necessary organizational rules and regulations in place for implementing the statutory and prudential requirements. This includes, but is not limited to, written General and Detailed Operating Procedures which lay down the obligations to be performed, taking into account the German Money Laundering Act (GwG) and the internal principles.

It is in particular ensured that the members of staff at regular intervals attend seminars dealing with money laundering and terrorist financing methods and the catalog of obligations defined in the Money Laundering Act as well as on other rules and regulations relevant in connection with money laundering.

A major element of the procedures in place at Helaba to combat money laundering is the "Know your Customer"-Policy. Helaba carries out checks (on the basis of official documents designated as probative by the German Money Laundering Act) concerning the actual identity of its customers. In addition, it clarifies the identity of the beneficial owner in a business relationship or transaction, and, in cases of doubt, verifies the identity of such beneficial owner. Should there be any doubts as to whether there is any unnamed beneficial owner behind the customer to be identified, Helaba will take appropriate action to obtain information on the actual beneficial owner. When entering into a business relationship, it will obtain information on the purpose and the nature of the business relationship and update this information while the business relationship is continuing.

Information obtained on the contracting partner, the beneficial owner and the business relationship or transaction is recorded and retained on file for 5 years after the termination of the business relationship.

As a constituent of its anti-money laundering and anti-terrorist financing program, Helaba takes appropriate action to ensure that it complies with any and all embargo regulations applicable in the EU.

For this purpose, Helaba has systems in place for the IT-supported comparison of its business partners database with the current EU sanctions lists. Appropriate action is taken to ensure that any and all embargo regulations applicable in the EU are being complied with.

Both the internal audit unit and the external auditors examine, at annual intervals, whether the safeguards introduced at Helaba for the combat of money laundering and prevention of terrorist financing are appropriate and sufficient. Helaba operates an electronically supported Monitoring System, which monitors account-based financial transactions to detect unusual, irregular and unexpected activities. If, after intensive clarification of facts and monitoring of the business relationship, and after considering the transaction, the customer or the source of its assets, reasons for doubt remain as to whether the transaction serves the purpose of money laundering or there is a risk of involvement in terrorist financing, Helaba will refrain from the transaction and take a decision as to whether the business relationship should be refused or terminated.

Cases of suspicion are reported to the competent prosecution authority and the Central Unit for Suspicious Transactions Reports at the German Federal Criminal Office (Financial Intelligence Unit).

Finally, we hereby certify that Helaba is not a Shell Bank (= banks not having a physical presence in their nominal country of residence and not forming part of a "regulated financial group") within the meaning of the USA Patriot Act, and that we shall not use our accounts maintained with other credit institutions for the provision of services to Shell Banks. Helaba furthermore confirms that it does not maintain pass-through accounts on behalf of its customers.

Helaba has prepared a Global Certification, which may be downloaded by any financial institution that requires a USA Patriot Act Certification from Helaba or one of its branches or representative offices shown in the list mentioned below. We ask you to refrain from requesting a separate Certification from Helaba or its branches or representative offices, and to use this Certification form instead.