Prevention of Money Laundering ( Maintenance of Records) Second Amendment Rules, 2023

EXTRAORDINARY PART II —Section 3 —Sub-section ( i) PUBLISHED BY AUTHORITY No. 511] NEW DEL HI, MONDAY , SEPTEMBER 4, 2023/ BHADRA 13, 194 5 CG-DL-E-04092023-248537 MINISTRY OF FINANCE (Department of Revenue) NOTIFICATION New Delhi, the 4th September, 2023 G.S.R. 652(E).— In exercise of the powers conferred by section 73 read with section 11A and section 12AA of the Prevention of Money -laundering Act, 2002 (15 of 2003), the Central Government hereby makes the following rules further to amend the Prevention of Money -laundering (Maintenance of Records ) Rules, 2005, namely: — 1. (1) These rules may be called the Prevention of Money -laundering (Maintenance of Records) Second Amendment Rules, 2023. (2) They shall come into force on the date of their publication in the Official Gazette. 2. In t he Prevention of Money -laundering (Maintenance of Records) Rules, 2005 (hereinafter referr ed to as the principal rules); - (i) In the principal rule, in rule 2, after clause (f) the following proviso shall be inserted namely: - “Provided that such officer shall be an officer at the management level ;”. (ii) In the principal rule, in rule 9; - (A) in sub -rule (3), in clause (b); - (a) for the word “fifteen” the word “ten” shall be substituted ; (b) after the word “partnership”, the words “or who exercises control through other means” shall be inserted; (c) after clause (b), the following Explanation shall be inserted , namely: - “Explanation - For the purpose of this clause , “Control” shall include the right to control the manageme nt or policy decision ;”. (B) after sub -rule (10), the following proviso shall be inserted , namely: - “Provided that in case of a trust, the reporting e ntity shall ensure that trustees disclose their status at the time of commencement of an account base d relationship or when carrying out transaction s as specified in clause (b) of sub -rule (1) rule 9 .”. (iii) In the principal rule, in rule 10, in sub -rule (3), in the Explanation , after the word “correspondence ”, the words “and result of any analysis undertaken under rule 3 and rule 9 ” shall be inserted. [F. No.P -12011/ 12/2022 -ES Cell -DOR] MANOJ KUMAR SINGH , Director (Headquarter) Note: The principal rules were published in Gazette of India, Extraordinary, Part -II, Section 3, Sub -section (i) vide number G.S.R. 444 (E), dated the 1st July, 2005 and were last amended vide number G.S.R. 1074(E), dated the 07th March, 2023. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, Delh i-110054.