Wild Horse Round-Up in Nevada Essay Example for Free

Wild Horse Round-Up in Nevada Essay The gathering together wild ponies and driving them to their new goal, howbeit, for the butcher or deals, has made a crack of a US (for example especially; residents of Nevada) and THEM (for example Government, BLM) mindset. The creature lobbyist is refering to cold-bloodedness to creatures and smothering the â€Å"First Amendment, Freedom of the Press†, with respect to BLM. The accompanying article was cited from USA Today: [A government gathering of wild ponies in Nevada was planned to continue Thursday and to proceed during this time notwithstanding about two dozen creature passings since it started. The Bureau of Land Management (BLM) says three of the passings were because of injury and 18 because of serious lack of hydration following a dry season. Pony lobbyist Laura Leigh, whose claim put a transitory stop to the gathering July 14, accuses the passings for the BLM, which she says permitted the ponies to become dried out and held the gathering during the most blazing period of the year. This is foaling season, it could have been done before, it could have been done the previous fall, Leigh says. This isn't following the order to oversee and ensure our ponies. Its simply unacceptable. She and different activists likewise gripe that the BLM has blocked them from watching the gatherings to control the progression of pictures and general feeling. The BLM will accompany up to 20 individuals from the media and the general population to watch roundup activity today and Saturday just because since the gathering started July 10. The BLM says the gathering of wild ponies is a need in light of the fact that the bronco populace is developing so quick that ponies are coming up short on food and hurting the local land and natural life. Organization gauges show 38,000 horses and burros meander 10 Western states; half are in Nevada. Leigh and different activists state the office is moving the creatures to make room for domesticated animals brushing and vitality interests. Elliot Katz, organizer of In Defense of Animals, which documented a different claim, says wild ponies are a low need broadly on the grounds that they dont produce a benefit. Theyre just in the method of enterprises who have cows interests or need to do mining, Katz says. Theres been a progressive proceeding with exertion to dispose of them.] (Dorell, 7/29) BLM’s perseveres by expressing they are â€Å"required by law to adjust the requirements of various interests on open terrains, including wild ponies, natural life, mining and domesticated animals. Wild ponies, which have hardly any predators and twofold their populace at regular intervals, can harm natural surroundings shared by imperiled and undermined species, for example, the dwarf bunny and the lahontan merciless trout, says Heather Emmons, a representative for the BLM in Nevada.† (Dorell, 7/29) One of the numerous claims that have been recorded comes out of New Mexico and has gone to the Supreme Court. KLEPPE v. NEW MEXICO, 426 U.S. 529 (1976)â 426 U.S. 529 KLEPPE, SECRETARY OF THE INTERIOR v. NEW MEXICO ET AL. Bid FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO No. 74-1488. Contended March 23, 1976 Chosen June 17, 1976 The Wild Free-wandering Horses and Burros (Act) was authorized to ensure all unbranded and unclaimed ponies and burros on open terrains of the United States from catch, marking, provocation, or demise, to achieve which they are to be considered in the region where by and by found, as an indispensable piece of the regular arrangement of the open grounds. The Act gives that every such creature on the open grounds controlled by the Secretary of the Interior through the Bureau of Land Management (BLM) or by the Secretary of Agriculture through the Forest Service are focused on the purview of the particular Secretaries, who are coordinated to secure and oversee [the animals] as segments of the open terrains . . . in a way that is intended to accomplish and keep up a flourishing normal natural equalization on the open grounds, and if the creatures stray from those terrains onto exclusive land, the private landowners may advise government authorities, who will organize to have the creatures evacuated. Appellees, the State of New Mexico, its Livestock Board and chief, and the buyer of three unbranded burros seized by the Board (in accordance with the New Mexico Estray Law) on government lands and sold at open closeout, and whose arrival to open grounds had beenâ demanded by the BLM, brought this suit for injunctive help and for a definitive judgment that the Act is illegal. A three-judge District Court held the Act illegal and charged its authorization. Held: As applied to this case, the Act is an established exercise of congressional force under the Property Clause of the Constitution, which gives that Congress will have Power to discard and make every single needful Rule and Regulations regarding the Territory or other Property having a place with the United States. Workmanship. IV, 3, cl. 2. Pp. 535-547. (FindLaw, June) (a) The Clause, in wide terms, enables Congress to figure out what are needful standards regarding the open terrains, and there is no legitimacy to appellees slender perusing that the arrangement [426 U.S. 529, 530] awards Congress power just to discard, to make accidental standards with respect to the utilization of, and to secure government property. Pp. 536-541. (FindLaw, June) (b) In contending that the Act infringes upon state sway and that Congress can acquire restrictive authoritative purview over the open grounds in a State just by state assent (missing which it may not act in opposition to state law), appellees have befuddled Congress subsidiary administrative force from a State according to Art. I, 8, cl. 17, with Congress controls under the Property Clause. Pp. 541-546. (FindLaw, June) (c) The subject of the Acts allowable reach under the Property Clause over private grounds to ensure wild free-meandering ponies and burros that have wandered from open land need not be, and isn't, chose with regards to this case. Pp. 546-547. (FindLaw, June) A claim documented and made it to the U.S. Courts of Appeals, Federal Circuit was started from a farmer group of Fallini who states in the accompanying claim the expense of the wild ponies to them actually: FALLINI v. US Susan L. FALLINI, and Joseph B. Fallini, Jr., in every one of the accompanying limits:  as a distinctive individual and replacement to the enthusiasm of Helen Fallini as sole beneficiary of Helene Fallini, perished, agent of the last will of Helene Fallini, and Trustee of the Helene Fallini Living Trust and the Helene Fallini Living Trust as the sole distributee of the last Will of Helene Fallini, Plaintiffs-Appellants, v. The UNITED STATES, Defendant-Appellee. No. 94-5110. June 08, 1995 Before MICHEL, LOURIE and BRYSON, Circuit Judges. William F. Schroeder, Vale, OR, contended for offended parties appellants.   With him on the brief was William A. Schroeder, of Boise, ID.Peter A. Appel, Attorney, Environment and Natural Resources Div., Dept. of Justice, Washington, DC, contended for respondent appellee.   With him on the brief were Lois J. Schiffer, Asst. Atty. Gen., John A. Bryson and Dorothy R. Burakreis, Attorneys.   Of guidance was Laura B. Earthy colored, Office of the Sol., Dept. of the Interior, Washington, DC. James L. Huffman, Dean and Professor of Law Director, Natural Resources Law Institute, Northwestern School of Law, Lewis and Clark College, of Portland, OR, was on the brief for amicus curiae, Water forever, Inc. (FindLaw, June) In this Fifth Amendment â€Å"takings† case, the Fallinis, who are occupied with dairy cattle farming in Nevada, contend that the government has taken individual property from them without pay.   The Fallinis fight that the administration inf luenced a â€Å"taking† by expecting them to give water to wild ponies living in the region in which the Fallinis directed their farming exercises. The Court of Federal Claims administered against the Fallinis, finishing up on movement for synopsis judgment that they had no property right that was made by legislative move.  Fallini v. US, 31 Fed.Cl. 53 (1994).   We presume that their grievance was not documented inside the material legal time limit period and that the objection ought to be excused on that ground. (FindLaw, June) The suit charges the wild ponies are costing their family roughly $1 million somewhere in the range of 1971 and 1991 for the watering of the creatures which they have not been permitted by the BLM to fence off the watering regions in such a manner to allow dairy cattle access by deny ponies from getting to the water flexibly. In finish of the claim recorded by the Fallinis family states as follows: What the Fallinis may challenge under the Fourth Amendment is the thing that the administration has done, not what the ponies have done. The main legislative activity that could establish a compensableâ taking for this situation is the administrations order prohibiting the Fallinis from shooing the ponies from the water that the Fallinis have delivered at their created water sources.   That administrative activity can't be viewed as repeating with each new beverage taken by each wild pony, despite the fact that the utilization of water by the wild ponies forces a proceeding with monetary weight on the Fallinis. See Delaware State College v. Ricks, 449 U.S. 250, 258, 101 S.Ct. 498, 504, 66 L.Ed.2d 431 (1980) (appropriate center, for legal time limit purposes, â€Å"is upon the hour of the [defendants] demonstrations, not upon the time at which the outcomes of the demonstrations turned out to be most painful†).   Because the Fallinis distinguish the order of the Wild Free-Roaming Horses and Burros Act as the administrative activity that kept them from fencing the ponies from their water sources, and in light of the fact that they concede that they experienced injury the date of sanctioning, their case must be viewed as gathering well before they documented their current suit. (FindLaw, June) III In view of our investigation of the Fallinis takings guarantee, we presume that their cl

Structure of the judiciary power

Structure of the legal executive force Presentation Each general public in the mankind's history stood up to the topic of how questions ought to be settled. Autonomy of the legal executive is the rule that the legal executive ought to be politically protected from the authoritative and the official force. Courts ought not be affected by different parts of government. Various countries manage the possibility of legal freedom through various methods for legal choice. An autonomous legal branch is one of the fundamental certifications of law based arrangement of government and it guarantees the standard of law with the goal that it is liberated from outside impacts and judges can render cases just because of the law and realities. The significance of the autonomous legal framework in England were set up in the start of eleventh century, when William The Conqueror come to seat in 1066 and had begun settling new laws in the entire England (today is known as Common Law) and furthermore had fixed by The precept of the partition of forces. Though, In Kazakhstan legitimate framework the Judicial force as the lawful class is fairly new. On 30th August 1995 based on the Declaration of Independence the Constitution of The Republic of Kazakhstan had been acknowledged and it secured the underlying standards and arrangements of autonomy of judges (The Constitution of The Republic of Kazakhstan, 1995). Right off the bat, I might want to come back to the past of the UK to watch the arrangement method of the force structure, which we have today. The thoughts dependent on a cutting edge standard of division of the specialists, just because was communicated by Aristotle, in his fourth book named, Politician. He detailed isolating the force in the state on three sections: administrative, official, legal; every one of the specialists ought to be spoken to by the different body. The further improvement of the hypothesis of division of the specialists is bound to John Lock and Charles Louis Montesquieu, who have completed the most intensive working out of this guideline. Later on, before the finish of eighteenth and the starting nineteenth century, the guideline of division of the specialists was perceived in numerous states. Next section independently uncovered the starting point methods of each force branch in the UK. The Parliament The British Parliament is perhaps the most established parliament on the planet. It is regularly named foremother, however as I would see it would be all the more precisely to call it progenitor of all parliament frameworks on the planet, and it keeps on working all through the entire political history of the nation since the second 50% of thirteenth century. Arrangement and improvement of The British Parliament happened during XII and XV hundreds of years. Significant estimation of this long procedure generally was pulled in by a crown of the higher respectability to the choice of the state, undertakings government returning to its root. Gatherings of the Kings vassals, from the center of XII century, turned into a mandatory piece of the state life and they were the chronicled start of the class portrayals. The predecessor of authoritative arrangement of England was the Curia Regis (the chamber of inhabitants in-boss) it was made by William The Conqueror, who brought to England the medieval framework from his local Normandy after the Norman success in 1066, and was allowing area to his most significant military supporters, further the supporters were conceding that land to their own supporters consequently making primitive chain of command of England. In the long run this board has formed into the Parliament of England, and now incorporates the leader of the state (ruler), office of rulers (truly office of the honorability and the higher pastorate) and the House of Commons (truly office of average citizens). The Monarch and Government Development of solid English government started in the start of twelfth century when English individuals were casualties of digestive system wars and medieval rebellion. This serious authentic experience had completely persuaded English individuals that only the solid focal force and the wide state association can serve for them against those damages. Reducer of the reeled English state request was Henry II Plantagenet (long stretches of board 1154-1189). During Henrys reformatory exercises individuals against medieval masters went along with him and it very well may be said that supreme government arrangement in England started with him. The limitations of the rulers power started being presented in the start of the thirteenth century, when the English respectability constrained King John to perceive the specific report named, Magna Carta. The established government in that manner we see it today, has created and has gotten more grounded in eighteenth and nineteenth hundreds of years when capacity to oversee the undertakings of the state has gone to the Cabinet which were named from elective parliament. The Cabinet has emerged before the middle class transformation of seventeenth century based on mystery chamber, as the tight board helping the lord to rapidly take care of the significant issues of the legislature. From the start this body totally relied upon the government. Further, before eighteenth century's over and the start of nineteenth century, it was stopped to be an auxiliary organ of the Royal administration and should incline toward Parliament support. As the outcome at that point it began being perceived that the Cabinet ought to have most of voices in Parliament and its head ought to be the Prime clergyman. The Legislative On the off chance that the administrative and official forces are relegated on the precisely higher state body then the legal force is considerably more troublesome. It is doled out to set of legal bodies from the neighborhood Supreme. Each legal body is free and it has own place in the framework, settling solid issues totally autonomously. The todays legal intensity of England has emerges from 1178, when Henry II designated five individuals from his own family unit to hear all the objections of the domain and to do right, anyway the job of the Lord Chancellor was as yet formal and decisions were a privilege of the King. Such circumstance had been existing till Glorious Revolution, the acknowledgment of the Bill of Rights in 1689 and the Act of Settlement in 1701. After those progressions the intensity of the ruler was basically constrained and courts got freedom and initiative of the law. The tenet generally requests separate of forces, that the state arrangement of the force must be isolated into three branches and each branch isn't just enhanced by two others, yet additionally could be balance. As I said over, the legal force got free from official, administrative and Royal forces when The Bill of Rights 1689 was presented. As indicated by the Bill the ruler was denied to an obligation to help and manage legal framework, and the privilege of the Queen was uniquely to excuse decided on pastoral committee. Be that as it may, until late time the guideline of independent of forces in the Great Britain was not totally watched. So the Lord Chancellor being the leader of the legal force in the Great Britain at the same time was the individual from the Cabinet and an individual from Lords chambers. Additionally, the Lord Chancellor was designated to the post by the Queen on portrayal of the Prime Minister. In July 2003, Tony Blairs government attempted to roll out radical improvements to a legal part of the force and announced designs to drop a post of the Lord Chancellor to cancel the arrangement of Law Lords and to supplant it with independent Supreme Court. These plans caused significant logical inconsistencies, lastly, Prime Minister chose to change, rather than dropping an old job of the Lord Chancellor. Change of the job of the Lord Chancellor has begun the way toward isolating his different obligations clarifying qualification between the administration, Parliament and the legal force. Kazakhstan 16 December 1991, the Parliament of the on the Republic proclaimed the autonomy of the Republic of Kazakhstan and the Republic Kazakhstan was shaped. During the period 1991-1995, the political framework and Constitutional enactment of the Republic were shaped. The main Constitution of sovereign Kazakhstan was embraced in January 1993. Being somewhat a trade off between the old and new political frameworks, reflecting endeavors to bring into the post-Soviet setting a western popularity based model, this Constitution at first contained some logical inconsistency which sporadically appeared as unnatural restriction and obstruction of intensity. Because of the Referendum hung on 30 August 1995, another Constitution of the Republic of Kazakhstan was embraced, taking out the inadequacies of the previous constitution. The new Constitution built up a Presidential Republic, and tackled sanely the issue of partitioned duties among various parts of intensity, while additionally inviting changes to the market framework. As per Article 3 of the Constitution expresses that the state power in the Republic of Kazakhstan is bound together and executed based on the Constitution and laws as per the rule of its division into the authoritative, official and legal branches and an arrangement of balanced governance that administers their communication. The administrative branch contains Parliament of the Republic of Kazakhstan (the Senate and the Majilis). The official branch involves the Cabinet of Ministers, state boards of trustees, others focal and neighborhood official collections of the Republic. The legal branch involves the Supreme Court and Constitutional Council and nearby courts (territorial, region and others). The President of the Republic of Kazakhstan is the head of express, its most elevated authority deciding the primary headings of the household and international strategy of the state and speaking to Kazakhstan inside the nation and in worldwide relations. He will guarantee by his intervention purposeful working of all parts of state force and duty of the foundations of intensity before the individuals. (Workmanship. 40 of the Constitution). The President is chosen each seven

Six SIPA Students and UNICEF Awarded First Place at U.S. Agency for International Development Competition COLUMBIA UNIVERSITY - SIPA Admissions Blog

Six SIPA Students and UNICEF Awarded First Place at U.S. Agency for International Development Competition COLUMBIA UNIVERSITY - SIPA Admissions Blog Most of the news on the blog lately has been about admission related news and notes, but there is always a lot going on at SIPA that is newsworthy. Workshops are opportunities designed for SIPA students to work in groups with external organizations to put their learning to real world use.   You can think of workshops as group internships.   These opportunities are set up by faculty members and the workshops provide practical learning and also give SIPA graduates a solid way to provide practical examples of their skills sets in job interviews. Sean Mahoney Blaschke, Sarah Kirsten Bokenkamp, Roxana Maria Cosmaciuc, Mari Fredrika Denby, Beza Hailu, and Raymond Short, all second year SIPA students who are participating in the Workshop in Development Practice (also known as the Economic and Political Development/Human Rights Workshop), were awarded first place in the ‘Development 2.0 Challenge’ held by USAID.   The SIPA team is partnering with UNICEF to pilot a system to monitor the health and nutrition status of children in Malawi using text messaging over mobile phones. The students will work with UNICEF and local partners through April to develop and test this RapidSMS system, initially at three growth monitoring centers in Malawi before expanding nationwide.   The goal is to help the Government of Malawi and its partners track trends in child malnutrition more accurately and in real time.   Prof. Pratima Kale, who has a long history of work with UNICEF, is the faculty advisor for this For the full story you can visit this link: http://www.unicef.org/infobycountry/usa_47068.html Photo courtesy of UNICEF Web site

A Philosophical Approach to Capital Punishment Essay

The America that we live in today is one that is divided in more ways that we can imagine. Issues such as race, gender, sexual orientation, religion, socioeconomic status, and political views are all issues that polarize our great nation. Within each of these categories lie more specific and focused issues that can be as equally debated and unsettled. Issues such as abortion, gay rights and other ideas that deal with human liberty and freedom are often considered to be hot button issues in politics and can even invoke strong enough emotions to influence presidential elections. One issue of this nature that has been the topic of great discussion and debate over the last century, especially in the United States, is the idea of capital†¦show more content†¦Before examining the death penalty, it is important that we take a close look at the idea of punishment and the role it plays in our society today. The idea of punishment itself may seem simple however it is more complex than you may imagine. Punishment in and of itself, by definition, is the intentional infliction of pain or harm on another individual in response to a wrong that they have done. This idea of causing intentional harm may seem indefensible to many and the idea of capital punishment takes those feeling to an even greater extreme . Before we can fully understand how the death penalty can fit into our system of punishment, we must first know what the main goals of punishment are. According to Thiroux, there are four main requirements of punishment: It must involve unpleasantness of some sort, it must be imposed or endured for some reason, it should be imposed by some person or group that has â€Å"duly constituted† moral or legal authority and it must be imposed according to certain rules or law . The way the death penalty is administered in the United States allows for it to check all four of those boxes. With these four ideas in mind, it is now time to examine three unique and promi nent theories of punishment: retributive, utilitarian and restitution. The retributive theory, also known as the deserts theory, states that the punishment thatShow MoreRelatedThe Execution Of An Inmate Essay867 Words   |  4 Pagesimposed, nor cruel and unusual punishments inflicted† (amend. XIII). considering the possibility of an execution going as badly as Lockett’s, we must ask if we are violating this amendment. The execution of an inmate is also likely to bring up issues of faith, Romans 12:18 states â€Å"leave it to the wrath of God, for it is written, Vengeance is mine, I will repay, says the lord† (Rom. 12.18). Morality should determine where we go as a country, including the punishments we invoke. I researched the issueRead MoreCapital Punishment And The Death Penalty1714 Words   |  7 PagesCapital punishment, or the death penalty is the legally authorized death of an individual as punishment for a heinous crime, typically one that involves murder. The legality of it varies by state and it continues to be a contentious topic of discussion in the United States. Furthermore, in recent decades, public opinion has been shifting from a supportive stance to an unsupportive stance on the use of the death penalty. It is now perceived by most people to be an unethical, immoral, and expensiveRead MoreThe Dilemma Of The Death Penalty1703 Words   |  7 Pagesthis day and age. This paper will discuss the ethological dilemma of the death penalty in the philosophical outlooks of Utilitarianism and Deontology, present arguments in light of both, and proceed to show why Deontology offers the best insights into the justification for the death penalty. The death penalty, also known as â€Å"capital punishment†, is, â€Å"the sentence of execution for murder and some other capital crimes (serious crimes, especially murder, which are punishable by death).† (Death PenaltyRead MorePunishment Vs Classical Criminology1745 Words   |  7 PagesCriminal Justice Theory Introduction Crime has existed in the society from time immemorial. Different cultures have dealt with it differently. While some have adopted very cruel, inhumane, and creative ways of punishment, others have chosen a relatively fair system of justice. Nevertheless, each system has had and served its purpose in fulfilling a given role in the society they are established. The classical criminology as envisioned by Bentham and Beccaria in the 1700’s and 1800’s has been theRead MoreEssay on Traditions of Qin Han, China652 Words   |  3 PagesTraditions of Qin Han, China The Qin dynasty created the first unified Chinese empire. They did this by utilizing a legalistic approach to government. The Qin believed that the nature of mankind is inherently evil and only through a strict code of laws with severe punishment could the government achieve reliability and stability. Because the emperor feared the people and the inherent rights and privileges established with the teachings of Confucus, he ordered all books on Confucianism burnedRead MoreCompare and Contrast the Classical and Positivist School of Criminology872 Words   |  4 PagesFerri Garofolo). Introduction During the mid to late seventeenth century explanations of crime and punishment were embraced by many philosophers Thomas Hobbs (1588-1679), John Locke (1632-1704), and Jean-Jacques Rousseau (1712-1778) and such theorist as Beccaria (1738), an Italian who was highly recognised by his great success through his essay ’Dei delitti e delle pene’ (On Crimes and Punishment) publicised in translations of 22 languages, effectively leaving huge impressions on the legal thoughtsRead MorePhilosophical Ethical Theories Essay635 Words   |  3 PagesPhilosophical Ethical Theories As we know, philosophers divide ethical theories into three major classes. They are Metaethics(descriptive), Conceptual(applied), and Normative(prescriptive). Metaethics basically takes the scientific approach to concocting where exactly ourRead MoreThe Ethical Dilemma Of The Death Penalty1814 Words   |  8 Pagespaper will discuss the ethological dilemma of the death penalty from the perspective of the philosophical outlooks of Utilitarianism and Deontology, present arguments in light of both, and proceed to show why Deontology offers the best insights into the justification for the death penalty. The death penalty, also known as â€Å"capital punishment†, is, â€Å"the sentence of execution for murder and some other capital crimes (serious crimes, especially murder, which are punishable by death).† (Death PenaltyRead MoreThe British Scholar And Business Analyst Adam Smith1134 Words   |  5 Pagesscholar and business analyst Adam Smith was conceived in Kirkcaldy, Scotland. He was instructed at the colleges of Glasgow and Oxford. In 1751 he turned into a teacher at Glasgow. There he composed The Theory of Moral Sentiment in 1759. This philosophical work picked up Smith an arrangement in 1764 as mentor of the youthful duke of Buccleuch. The mentoring took Smith to France, where he began composing The Wealth of Nations in 1776. It was the first finish chip away at political economy. The bookRead MoreCultural and Economic Globalization1072 Words   |  5 Pagessignificance on society. These themes arise uniquely in an array of texts including Shamus Heaney’s poems Digging, Punishment and Funeral Rites , Sofia Coppola’s film Lost in translation, Eat Pray love written by Elizabeth Gilbert and in the 2011 Television series Off The Map directed by Jenna Bans. The values explored in these texts are fundamentally linked to the religious, philosophical, scientific and cultural paradigms of the twenty and twenty first century , are a reflection of society and literature

President Ronald Reagan was the Great Communicator

Ronald Reagan â€Å"Great Communicator† was born on February 6th, 1911. He is considered by many to be the most successful president after FDR. He enjoyed many careers including lifeguard, movie star, union leader, and politician. He held office from January 1981 to January 1989. Never in history has there been a president with his kind of background. Reagan saw America as a good place he believed in balanced budgets but never submitted one. He hated nuclear weapons but built so many. He would wright checks to poor people but cut benefits from many billionaires. He united the nation with patriotism. But his vision of America pushed away many people. Reagan led a revolution based on a few simple ideas. As president he made America a better place. When Reagan took office in 1981 many people wondered if anyone could run the country because it was in poverty. Reagan’s staff warned him that his first year could go bad. His mission as president was to help rebuild America before it was too late to do so. Reagan’s main focus was on economic recovery. On February 18th he gave congress an economic program to cut taxes by 30%. Reagan’s best weapon was persuasion. By March 2/3 of Americans favored is program especially the tax cut. But some people did not like this idea so one day he was walking to his limo after a meeting and was shot but not killed surprisingly. Reagan was not scared of the Soviet Union so he wanted a military to confront them. The pentagon spent over 3.4 million dollarsShow MoreRelatedRhetorical Analysis: Rhetorical Analysis:1723 Words   |  7 Pagesï » ¿ Rhetorical Analysis: President Ronald Reagan s Farwell Address Rhetorical Analysis: Reagan s Farwell Address Ronald Reagan s Farewell Address was an amazing example of conveying the fundamentals for freedom through an emotional and visual lesson. It is no wonder that the president known as the great communicator was successful in painting for us a picture of who we were, past and present, and the improvements in the areas of strength, securityRead MoreThe Great Communicator : Ronald Reagan1300 Words   |  6 PagesMrs. Dowling The Great Communicator The year is 1980. America is in a slump. Unemployment rate is at an all-time high, families and the economy are still recovering from the Vietnam War, and are suffering from the failure of the presidency of Jimmy Carter. The U.S. economy is in the worst state it has been in since the Great Depression - inflation is at 13.5 percent, unemployment is at 9.5 percent and the federal discount rate is at 14 percent. But after 8 years, Ronald Reagan will turn the countryRead MoreBest Vs. Worst Communicators967 Words   |  4 PagesBest vs. Worst Communicators Throughout history the careers of prominent men and women have been elevated or destroyed by the way they communicate a message to their particular audience. Looking at the best versus worst communicators two people come to mind, former United States President Ronald Reagan and the former Chief Executive Officer of British Petroleum (BP) Tony Hayward, respectively. Both of these men exhibited certain attributes that affected the way that audiences received the messagesRead MoreRonald Reagan Leadership808 Words   |  4 Pagestrait approach. Also known as great man theories, it was developed to explain how traits influenced leadership. This theory suggested that certain people were born with special traits that made them great leaders. (Bass,1990; Jago,1982). For this applied leadership mini paper I chose Ronald Reagan as my leader. Through this paper I would like to enlighten how the Trait approach theory helps me to analyze him as a successful leader. â€Å"In his lifetime, Ronald Reagan was such a cheerful and invigoratingRead MoreTools for Analyzing Dimensions of Language and Persuasive Symbols1317 Words   |  5 Pagessimultaneously. There are many tools for analyzing persuasive symbols, many of which should be utilized when analyzing great communicators such as President Ronald Reagan. In response to the Space Shuttle Challenger explosion on January 28th, 1986 where seven brave American’s gave their life. President Ronald Reagan made history with his famous speech, which didn’t only serve to address the great tragedy but served as a focal point of comfort for the grieving nation. He commemorated the seven heroes whoRead MoreRonald Reagan Is The Most Influential Man Of The United States1370 Words   |  6 Pagesfailure of the presidency of Jimmy Carter. The U.S. economy is in the worst state it has been in since the Great Depression - inflation is at 13.5 percent, unemployment is at 9.5 percent and the f ederal discount rate is at 14 percent. But after 8 years, Ronald Reagan will turn the country inside out, and make the world a better place to live in. Considered the best president of his century, Ronald Reagan is the most influential man of the 1980’s because he abolished communism by ending the Cold War, developedRead MoreRonald Reag The President Of The United States Essay1698 Words   |  7 Pagesabout how Reagan changed America. Many agree that we have a more efficient and prosperous economy as a result of Reagan s economic policies, foreign policy triumphs including a peaceful yet long end to the Cold War, and a restoration of American pride and morale. Proponents also preach that Reagan restored faith in the American Dream with his unabated and passionate love for the United States. It is because of this, that in my opinion, Ronald Reagan has been the most successful President in AmericanRead MoreRonald Legacy Of Ronald Reagan1479 Words   |  6 PagesRonald Reagan is known for many things; however, he is most often recognized for his presidency. Not only was he a president, he was also a former athlete, Hollywood actor, and devoted husband and father. Ronald Reagan was one of the most influential and respected men of his time, known for his traditional morals, values, and beliefs that make him one of the best presidents that America has ever seen. Although Ronald Reagan eventually came to lead a glamorous lifestyle, his beginnings were much moreRead MoreThe Great Communicator734 Words   |  3 PagesThe Great Communicator The great communicator – is the phrase coined to describe Ronald Reagan by both his supporters and his critics. His approach to leadership was truly charismatic. John D Rockefeller said, â€Å"The ability to deal with people is as purchasable as a commodity as sugar or coffee and I will pay more for that ability than for anything under the sun†. Reagan had the ability to get others to conform to his version of what a nation really should be. Ronald Reagan continually developedRead MoreNancy Reagan1195 Words   |  5 PagesNancy Reagan made an impact on our society, so large that the impact is still lasting today. She is a very special person because of her determination not to give up however hard life may get. She is an example of a hard worker and a very caring person. Nancy was born July 6, 1921. Born as Anne Frances â€Å"Nancy† Robbins Davis Reagan, at Sloane Hospital Flushing Queens, New York. Nancy was born to Kenneth Seymour Robbins and Edith P. Luckett. Her parents got divorced shortly after marriage. Her

Teachers Unsung Heroes of the World Free Essays

string(46) " what we see is independent to what we think\." DEDICATION * * * This reflection paper is dedicated to the unsung heroes of the world—TEACHERS; To all morally upright and just individuals whose sense of integrity and humility are rooted deeply within them; To Mr. Books who never fails to inspire me with his words and wisdom; To my parents and my mentor, EXPERIENCE, for making me understand at an early age the essentialities of life here on earth; And to my Creator, You are beyond the superlative degree of adjective. You are the Minerva and the hair of Samson in my life. We will write a custom essay sample on Teachers: Unsung Heroes of the World or any similar topic only for you Order Now You have always been there leading me along the path that I have chosen! I salute you all! – K. A. P. C. * * * Introduction The writing technique that I used in this paper was a little different than those that I have written before, specifically during my undergraduate studies. In here, I made use of chapters instead of uninterrupted, paragraph by paragraph account. The reason is as simple yet complicated as to how a raindrop is able to produce rainbow with different colors from a single beam of sunlight or how a prism bends white light into different colors. As to this paper, each chapter reflects the unforeseeable and offensive truths that The Story of Teddy Stoddard implies, which are often hard to swallow by many people maybe because of pride or blindness. These paper includes both reactions and reflections. Commonly as it has always been, the story of Teddy Stoddard was no different with a lot of movies that I have watched and stories that I have read and heard before—all of which had communicated the same genre as the former. It is but an ordinary ripped page, no rarity or unfathomable terminologies, existing behind the great literary masterpieces of the world. But with its simple approach and language to whomever the reader may be, paired with its emotional quality, is like one of my favorite movies—Titanic. I can watch it over and over and cry to my hearts’ content time and again. On a profound understanding of the story, I was able to nod my head as each word of the story mumbled deeply within me as if letting me know that there is more to teaching as there is more to life. The story does not only happen in real-life teaching where some teachers tend to act like Mrs. Thompson but as well as in many other fields of profession and even in congregation of ordinary people. Let me discuss first, in a broader perspective, the story’s implication to human and life before I discuss the minutest details of its implication to the teaching profession and to me as a teacher. Chapter 1 Myths of the World Ever wonder why the world is becoming evil? Or why in spite of many sound philosophies and theories of education the world continues to move forward to its downfall? Why almost all men, especially educated men, are more foolish than a beggar on the street? Simple. A beggar is the happiest man in the world when somebody drops a coin in front of him, but to a man who knows a thing, a coin will do him no good unless that coin happens to be gold. We only worry on things that concern us or have direct effects in our lives. Those that do not seem to matter in their diminutive, powerless forms are taken for granted—consider Teddy’s case for instance. Nero, Alexander the Great, Hitler, Stalin, Mao Tse Tung, Hussein, Bin Laden and many others who are like them—weren’t these men, who had been leaders of their own dominions, able to earn a degree in college? Unfortunately, none of them was able to show genuine compassion towards their subjects, was able to leave something behind that future generations can make use of. It is not very often that people thank Hitler or Hussein for what he did because not many are born with mental retardation. (But of course, Teddy’s gratefulness to Mrs. Thompson was a different matter. ) It is very obvious to notice that only a few people in the past —Jesus Christ, Mother Teresa, Ghandhi, Mandela, and others—were able to show what real compassion means. As for Einstein, he’s a genius. Yet there is a fine line between genius and insanity. Had he only made use of his common sense, world leaders of today will stop accusing each other on issues about the use of nuclear weapons. Einstein’s actions were enough proofs that, even to genius, common sense is not very common. Thus, our first myth is: Not everything that glitters is gold. 1 Even other metals or â€Å"rusty† metals can reflect light and can have shiny appearance if furnished well. What and whom am I talking about? Find it out The Story of Teddy Stoddard. When I heard the news of Osama Bin Laden’s death, I did not believe it in an instant. What if it were a mere propaganda of Obama’s administration? What if Bin Laden’s look-alike were the one who got killed? Or did he really have a look-alike? From the book that I find no time to finish reading, entitled The Road Less Traveled, Scott Peck discussed what he termed as scientific tunnel vision—that is, according to him, â€Å"patients [people] are able to see only a very narrow area directly in front of them. They cannot see anything to the left or to the right, above or below their narrow focus. † I would strongly agree that, too often, a lot of people in this world, including I, have this kind of vision. We find it too difficult to look beyond the surface of things. Our perception of the world is no more than skin deep or subjective like that of Mrs. Thompson’s. Thus, the second myth is to see is too believe. 2 We are realists or materialists most of the time in the sense that what we see is independent to what we think. You read "Teachers: Unsung Heroes of the World" in category "Papers" An object continues to exist independently of the mind. Mrs. Thompson were aware of the presence of Teddy. He comes to school, takes exams, et cetera. Yet, Mrs. Thompson ignored to use her mental faculty to the most logical and sensible manner that she could to diagnose the problem of Teddy. It’s like when a man and a woman were seen by somebody moving out a motel. It is not hard to imagine what would immediately come in the mind of the observer. It is a prejudice akin to judging the book because of its worn-out cover. Having been explained that ‘seeing is believing’ is not always reliable, it is to be rejected. What we hear or see is not what we should always believe in. At times, we need to be idealists. There are times when we need to be rationalists, or skeptics or moralists, so on and so forth. There are even times when we need to be generalists. Remember this overused line: â€Å"Together we stand, divided we fall†? Adopting only one philosophy in life is discriminatory but it surely will lead us somewhere although our vision will be much like that of a tunnel. As for me, too much is enough. If these â€Å"too much† ideas being introduced to us at any given time anywhere in the world will solve human strife, it should have started a long time ago. Sadly, it did not. Sometimes, I feel disoriented into thinking how men, through the ages, are able to move forward, leaving the world behind at its deterioration. Or how a teacher is to be promoted whose responsibilities to his pupils he failed to accomplish. Nonetheless, everything comes and goes, and all that remain are unfinished businesses. At the end of the day, when exhaustion from every day work pays me a visit, I just sit and try to remember one thing that I learned from The Little Prince: â€Å"What is essential is ‘invisible’ to the eye. † It amazed me how Mrs. Thompson was able to realize her mistake and was able to understand the concept of â€Å"invisibility† on the latter part of the story. He that never changed any of his opinions never corrected any of his mistakes; and he who was never wise enough to find out any mistakes in himself will not be charitable enough to excuse what he reckons mistakes in others. † -Shakespeare- No matter how intelligent, how good, how rich or how respected a person is, it is an undeniable fact that he often commits false accusations and hypotheses. It’s our n ature as humans. Even philosophers and men of God cannot escape this inevitable â€Å"offense† because whatever their beliefs are, they too, commit mistakes. Luckily, we can bail out of this â€Å"offense† because of Alexander Pope who once wrote metaphorically, â€Å"To err is human. . . † but it didn’t just end there. He further added, â€Å"To forgive divine. † Thus, forgiveness itself cures mistakes. But there is an exemption: Laws are created because not every mistake can be excused by a simple sorry. Here comes the concept of pride. From this, the third myth arises: â€Å"Everybody can forgive†. Why is that? The sentence seems to be lacking. Nobody forgives unless he forgets. We will remain prisoners of our own hatred unless we forgive and forget. But doing both things is as hard as judging oneself. The good things about the story were Mrs. Thompson’s humility as a teacher to correct what she had done wrong and Teddy’s disregard of anger towards Mrs. Thompson. In all of these things that I have written, one thing in life, for sure, is universal that applies to all men: We see unrighteousness when we are right; we do not see righteousness when we are wrong and, there is no such thing as â€Å"between right and wrong†. It is a necessity , therefore, to evaluate ourselves continuously. It might appear as a science-related issue as to how Mrs. Thompson metamorphosed from unrighteousness to righteousness. An â€Å"ugly caterpillar† once she might had been, she later transformed into a â€Å"beautiful butterfly† who was able to touch the life of a unique wild flower named Teddy. Thus, we can never tell what type of impact we may have on another’s life by our actions or lack of actions. Whatever and whoever we are, let us not stop remembering that the best gift we could give or receive is touching a life and making a difference on someone’s life. As Gandhi said: â€Å"We must become the change we want to see in the world. â€Å" So the last myth is: Butterflies are beautiful to look at especially on their colors. It’s a paradox. Why? Because a butterfly is a camouflage of a caterpillar that it once had been. A caterpillar can live without being a butterfly, but it is impossible that a butterfly will appear without being a caterpillar. The underlying fact about it is that it CHANGES—from ugliness to beauty (like Mrs. Thompson). Same principle applies to humans. But most of the time, the reverse happens. â€Å"Are we caterpillars who get fat by obtaining nourishment from leaves until they finally run out r are we butterflies who add beauty to flowers every time we perch on them? † -Kristel- Like a butterfly, each of us has/had bones in our closet and we act according to norms as a camouflage of our little â€Å"secrets†. True? Hell, right! Freud was a genius with his concept of id, ego and super ego! â€Å"All humans have behavioral problems. A person with behavioral problem is not normal. If you’re normal, then you’re not human. † (Kristel, 2011) Chapter II â€Å"What Does It Take To Be Human? † In light of my twenty-one years of existence, the world has shown and taught me so much that it can offer. Though most of the time, asking how and why things behave in ways I cannot understand is like dragging myself into a labyrinth. My own logic often convinces me that doing such a thing is just putting myself into a dilemma. People and books can give answers but their answers often lead to another chapter which makes it become very obvious that life really is an indecipherable puzzle. A lot of life’s opportunities, difficulties, persons who are dear to me have come and gone in my life—opportunities that caused me to have regrets, challenges that taught me the importance of humility and loved ones who made me cry. Through all of these I realized that whether we take life seriously or not, it has never been easy to take. Life is difficult and it will always be that way. But once it is accepted, the fact that life is difficult no longer matters. Life, aside from its being difficult, is finite as well. This is the greatest truth in the world. Because of this truth, we, humans, have tried everything to outdo earth’s rotation by shortening ten years of men’s consistent labor to its half. This was made possible because the birth of industrialization gave humans the need to invent. Destiny dictated our triumphs. But is it a triumph or a failure that the birth of machineries is able to overpower Time? The answer is evident. Because of our obsession to change the world, we forget to change our attitudes. I guess the reason why a lot of people, specifically people in the past who often â€Å"defy† and critique norms, die poorly and unlamented is not because their beliefs are right but because society’s attitude towards them and their attitudes towards society fail to have a point of tangency (like in Geometry) thereby they are excluded in the â€Å"system†. Human weakness is power and too often, as power strengthens esponsibility weakens (in Physics, it is termed as inverse proportionality). Spider Man said: â€Å"Great power comes great responsibility† but when one is greater than the other, there arises masters and slaves. After I read The Story of Teddy Stoddard, I came into deep deliberation of what it takes to be human and trust me, I do not know if people would agree, for we all have our own way of thinking, that to be human is to become conscious that we are not in power to rule but we are responsible to serve. This would be more realistic if action would speak louder than words. CHAPTER III What Does It Take To Be Teachers? First and foremost, teaching had never been in my list of one-of-many things that I dreamt of doing someday. Well, truthfully, I believe that none of them really have been brought into realization. My first love was architecture but my true love is writing. Life really is not everything. Things that we do not expect happen as if they were to tap our backs to say â€Å"Hey, learn from us! †. When I was just a little girl, though living was as tough as it is now, I was always wondering what I would be someday. First, I dreamed of becoming a teacher. I was in grade school then when I thought of it. My sister and I used to pretend that we were teachers. We used to write on a mini chalkboard that our mum bought for us using varied colors of chalk. I have always been the one pretending as teacher and she was my pupil. As years past, when I finally entered fifth grade, I thought of becoming a journalist instead. My classmates often think of becoming like that so I decided to do the same. The feeling was similar when at one time I terribly ached for sweet candy because my playmate happened to have one. Things happened too swiftly before I realized that I was already a high school student. A year before my senior year, I was so sure of taking architecture in college. I discovered that I have a talent in designing houses and decorating their interiors. It has always been my passion to draw houses and appreciate the beauty of them whenever I go to places. It was on my last year in high school when I wished of becoming a writer and at the same an architect, and a teacher, and . . . and . . . well, I wasn’t quite sure right on that very moment. I lost my momentum. Perhaps I have been so engrossed of thinking over what I would be like. It was like trying to become ten different persons all at once though I knew that I was just an average. I mean, I was just a nobody way back in high school and up until now. Thin. Pimpled face. Shy. Unpopular. Out-of-style. Hermit. And other disgusting adjectives that one would happily attach to my name. I found that my previous ‘detention centers’ were too tight and were ‘pains’ in my ass. College life was different. I found freedom, comfort, appreciation, and friendship. I have the difficulty liking my course because I was forced to take it. I mean, nobody forced me to. It was I, myself. During that time, I feel like there’s nothing else to choose from so I took it anyway. My parents were not able to send me to prestigious college or university in the city because of lack of money. Architecture was, thus, forgotten. But in spite of that, I was learning wonderful things each day in college. I was beginning to be comfortable with the new environment and the people around. But I still could not accept the fact that I would soon be graduating despising the course that I have taken. But, but . . . things really happen for a reason, you know. God has His way of sending blessings in disguise. Even though I failed to fulfill my greatest dream, I somehow feel that I am leading on the right track though too often a few destructions shake my momentum. Sometimes I think that God put me into this profession because He wants me to learn and unlearn things in life. Or why I took the life that a few people in the world would buy. Or why I am making life difficult when on the other side is a greener pasture to walk on. Mother understands me for the decision that I have made, though father is not as understanding as her. I know that deep within them they want to see in me the daughter that they wanted me to be —happy, the one that would take them out of poverty, earning a much higher salary, self confident, and candid. I do not know. All I know is that when we hold on to our principle, we will be like a tree fixed on the ground—full of nourishment to give away yet never moving forward up to its death. Up to this day, I as well do not know the reason why I teach until I read The Story of Teddy Stoddard. I admire Mrs. Thompson because she was able to make a big difference on Teddy’s life. Someday, I wish I could do the same thing not only by being a teacher but by being human on this planet that I am living in. Now that I’m in the teaching profession, I am beginning to realize what it’s like to be human and to be a teacher. Some people may raise their brows on us making us feel so sick, others may say bad things about us as if they had never been bad all their lives. As for me, humility really matters. Within the four months of being in my line of work, I can say that there is more to teaching than meets the eye. Teaching is difficult. So far, it is what I can say. Difficult to the point that aside from everyday teaching, I meet a lot of people with different personalities wherein sometimes a person who doesn’t know how to control emotions or does not comprehend right from wrong may probably just burst out. Thank God, I am learning a lot with people who are as imperfect as I am. (Am I this bad Sorry. Hehehe! Peace! I’m not just in good mood today. OOO) I guess you have heard someone said: â€Å"Politics is not dirty. The ones who make it dirty are the people involved in it. † Same thing happens in teaching even with Mother Earth, but I do not want to discuss it further. For crying out loud, I am too judgmental! Peace every one! I, too, make mistakes! A lot of moral lessons can be taken from the story. I am beginning to have an extraordinary motivation to write as many pages as I can though my time is running out (it’s not that I’m going to die soon . . . L. O. L! just busy). I believe that there are many Mrs. Thompson in the world who transformed from being caterpillars to being butterflies. Some may even remain as caterpillars. I, well, I do not know what I am. Sometimes I am a caterpillar, sometimes a butterfly. I cannot run away from being a caterpillar especially when anger hits me. Anger is a state of mind. How can I escape from anger without losing my mind? But I am the type of person who, most of the time, does not speak out what I want to say (In teaching, we must be careful with the command of language. Everyone has his own interpretations). As an escape, (heheh) I write everything down on a sheet of paper. At least, through it, there’s an indirect communication. I can even delete words that seem not quite good to the reader. It’s not because I want to please everybody because that is hypocrisy. It’s just that people will not be satisfied unless they have scrutinized every inch of us. If enough were not enough, trust me, scrutiny won’t end. (What am I doing right now? Am I not scrutinizing? L. O. L! OOO) From time to time, we must weigh things up. We are never always right neither always wrong. Acceptance is a key to a contented and harmonious living. The Story of Teddy Stoddard tackles the concept of acceptance. In connection to teaching, a lot of teachers say, and too often I try to agree, that once we are in the system, we have to face facts, to accept things as they are. No but’s, but that’s how the world works. Many people have tried to reverse its working, but they all ended being ridiculed and condemned. What’s the relevance of all these things that I’ve written into taking Master’s degree units? I do not know, but one thing for sure is I know: as I continue learning, I am ‘knowing more and more about less and less’. It’s a cliche, but literally cleared my mind up (deep sigh). . . Thanks be to God! You’re my everything! Chapter IV Insights Gained From Mrs. Thompson and Teddy: Relevance to My Growth as a Teacher and as a Person Today, teaching for me is perceived as art with passion. It has its intricacies that a truly devoted and passionate individual can only see. It is mastered so as to get the best out of the worst from the learner. It is not merely an act of inculcating ideas to young learners that may turn these young individuals to become mere copycats of the indoctrinator. Asking thought provoking questions elicits active and creative reasoning. Teaching is not telling the individual the what’s, the why’s, and the how’s of life. Teaching is just giving the learner facts that will guide him to find the answers for himself. â€Å"Teach with passion,† this I heard several times from a former teacher. Love to teach. Be passionate. Let the child feels you are a part of the process. With your guidance he will discover the facts of life. Be enthusiastic in teaching no matter how insignificant the topic may be. Passion and love for teaching make one an effective teacher. No amount of master’s degrees can equal a committed teacher who has loved to teach and has mastered the art of teaching. It is not in the amount of accolades or recognition a teacher received that define success. It is through the eyes of these young minds that benefited from your guidance. A tyrant teacher is remembered indifferently but a good teacher is admired forever. We pass this life only once. Leave an impact so others may continue the work started like what Mrs. Thompson did! Chapter V My Philosophy in Life My philosophy in life is simple: Life itself is a philosophy. Never take it easy. *** End â€Å"It is hard to fill a cup which is already full. † â€Å"A little learning is a dangerous thing: -Mother of Neyteri, Avatar- Drink deep, or taste not the Pierian spring: There shallow draughts intoxicate the brain, And drinking largely sobers us again. † -Alexander Pope, An Essay on Criticism How to cite Teachers: Unsung Heroes of the World, Papers

Master Circular on ‘Know Your Customer’ (Kyc) Norms free essay sample

The best available evidence of | | |identity should be obtained, having regard to the circumstances of each customer and their country of origin. | | |Some forms of proof of identity are more reliable than others, and in some cases it will be prudent to carry out | | |more than one verification check. | | |Customer Due Diligence (CDD) : | |3. 3 |The customer due diligence may be defined as any measure undertaken by a financial institution to collect and | | |verify information and positively establish the identity of a customer. | |There are 3 types of CDD that can be used in accordance with the risk category of the customer. | | |Basic Due Diligence : | | |Basic Due Diligence means collection and verification of identity proof, address proof and photograph to | |3. 3. 1 |establish the identity of the customer. This is based on documents and forms the basis of the KYC programme of | | |the bank. A different set of documents can be listed for different type of customers as seen in par a 3. We will write a custom essay sample on Master Circular on ‘Know Your Customer’ (Kyc) Norms or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page 1. 3. 4 of| | |this circular. | |Simplified Due Diligence : | | |The due diligence applied to establish the identity of the customer involving measures less stringent than Basic | | |Due Diligence, can be termed as Simplified Due Diligence. As per the Reserve Bank of India guidelines, | | |Simplified Due Diligence can be applied to Accounts of people belonging to low income group both in urban and | | |rural areas to enable ‘Financial Inclusion’ to this segment. (e. g. No Frill Accounts in our Bank). | |3. 3. | | | | | | | | | | | | | | | | | | | | | | | | | | 3. 4NO FRILL ACCOUNTS : Although flexibility in the requirements of documents of identity and proof of address has been provided in the circular mentioned above, yet it has been brought to notice that a large number of persons, especially, those belonging to low income group both in urban and rural areas are not able to produce such documents to satisfy the bank about their identity and address. This would lead to their inability to access the banking services and result in their financial exclusion. Accordingly, it has been decided to further simplify the KYC procedure for opening accounts for those persons who intend to keep balances not exceeding rupees fifty thousand (Rs. 50,000/-) in all their accounts taken together and the total credit in all the accounts taken together is not expected to exceed rupees one lac (Rs. 1,00,000/-) in a year. In case a person desirous of opening an account is not able to produce the documents as mentioned above, branches may open accounts, subject to – a) Introduction from another account holder who has been subject to full KYC procedure. The introducer’s account with the bank should be at least six months old and should show satisfactory transactions. Photograph of the customer who proposes to open the account and also his address needs to be certified by the introducer. Or b) Any other evidence as to the identity and address of the customer to the satisfaction of the bank. c) Initial Deposit: Account can be opened with initial deposit of Rs. 50. 00. d) Minimum Balance: Minimum balance of Rs. 50. 00 to be maintained. However, no incidental/service charges are to be recovered even in case the balance in the account falls below Rs. 50. 00. e) While opening accounts as described above, the customer should be made aware that if at any point of time, the balances in all his/her accounts with the bank(taken together) exceeds Rupees Fifty thousand (Rs. 0,000/-) or total credit in the account exceeds Rupees One lac (Rs. 1,00,000/-) in a year, no further transactions will be permitted until the full KYC procedure is completed. In order not to inconvenience the customer, the bank must notify the customer when the balance reaches Rupees Fort y thousand (Rs. 40,000/-) or the total credit in a year reaches Rupees Eighty Thousand (Rs. 80,000/-) that appropriate documents for conducting the KYC must be submitted otherwise the operations in the account will be stopped when the total balance in all the accounts taken together exceeds Rupees Fifty thousand (Rs. 50,000/-) or the total credit in the accounts exceeds Rupees one lac (Rs. 1,00,000/-) in a year. ) The accounts shall also be treated at par with the accounts opened in terms of RBI Circular DBOD No. AML BC. 23/14. 01. 064/2005-06 dated 2. 8. 2005 (applicable to Branches in Maharashtra State). However, the maximum balance in such accounts may be permitted as the amount of grant received from the Government or Rupees Fifty Thousand (Rs. 50,000/-) whichever is more and the initial credit of the grant amount shall not be counted towards the total credit. 3. 4. 1Issuance of Cheque Book : Clause No. 6 : One cheque book per annum containing 10 leaves will be issued free of ch arge at the request of the depositor. Additional Cheque Book at the request will be issued at a charge of Rs. 0/- per Cheque Book containing 10 leaves. 3. 4. 2ATM Card : ATM Card is not to be allowed. 3. 4. 3Nomination : Branches will ensure that in all accounts nomination is obtained invariably. 3. 4. 4Transactions in the account : There is no restriction as to the number of deposits in the account. However, total number of withdrawals allowed per year (free of charge) shall be restricted to 50. 3. 4. 5Transfer to normal HSS account : At the request of the customer, after meeting normal KYC requirements, the account will be eligible for migration to normal HSS accounts instead of continuing to remain under this category. 3. 4. 6Execution of undertaking : At the time of opening of account itself, the customer would also execute an undertaking as per â€Å"Annexure A†, wherein he/she undertakes to keep balances not exceeding Rs. 50,000/- in all his/her accounts taken together with the Bank and that total credit in all such accounts taken together would not exceed Rs. 1,00,000/- in a year. The applicant would also undertake that if at any point of time, the balances in all his accounts with the Bank taken together exceeds Rs. 50,000/- or total credit in all the accounts exceeds Rs. 1,00,000/- in a year, then Bank shall be within its rights to stop further transactions in the accounts until full KYC procedure is completed by him/her. Details of his/her other accounts, if any, with our Bank shall also be obtained along with this undertaking. 3. 3. 3Enhanced Due Diligence (EDD) : Additional diligence measures undertaken over and above the Basic Due Diligence can be termed as Enhanced Due Diligence. EDD would be required to be undertaken as per Reserve Bank of India guidelines for the higher risk customers of the Bank. (For e. g. NRI, foreign Nationals, PEP, Non face to face customer, Pooled account, Specific type of business, Customers who live in High risk countries, Trust Accounts, Correspondent Banking). Specific types of relationships where EDD may be required to be applied: 3. 3. 3. 1Client accounts opened by professional intermediaries. When the bank has knowledge or reason to believe that the client account opened by a professional intermediary is on behalf of a single client, that client must be identified. Banks may hold pooled accounts managed by professional intermediaries on behalf of entities like mutual funds, pension funds or other types of funds. Banks also maintain pooled accounts managed by lawyers/chartered accountants or stockbrokers for funds held on deposit or in escrow for a range of clients. Where funds held by the intermediaries are not co-mingled at the bank and there are sub-accounts, each of them attributable to a beneficial owner, all the beneficial owners must be identified. Where such funds are co-mingled at the bank, the bank should still look through to the beneficial owners. Where the Bank relies on the customer due diligence (CDD) done by an intermediary, the Bank should satisfy itself that the intermediary is regulated and supervised and has adequate systems in place to comply with the KYC requirements. It should be understood that the ultimate responsibility for knowing the customer lies with the bank. Further, if the professional intermediaries like Chartered Accountant or lawyer etc are unable to disclose the true identity of the owner of the account / funds due to any professional obligation of customer confidentiality, branches should not open or hold accounts of professional intermediaries on behalf of a client. Further, because of such obligation on the part of the professional intermediary, branches are unable to know and verify the true identity of the client on whose behalf account is held or beneficial ownership and / or understand the true nature and purpose of transactions, then branches should not open an account, on behalf of a client, by professional intermediary. 3. 3. 3. 2Accounts of Politically Exposed Persons (PEPs) resident outside India Politically exposed persons are individuals who are or have been entrusted with prominent public functions in a foreign country, e. g. , Heads of States or of Governments, senior politicians, senior government/judicial/military officers, senior executives of state-owned corporations, important political party officials, etc. Sufficient information on any person / customer of this category intending to establish a relationship should be gathered and all the information available on the public domain should be checked. Branches should verify the identity of the person and seek information about the sources of funds before accepting the PEP as a customer. The Competent Authority only is authorised to take a decision whether to open an account of a PEP. In the event of an existing customer or the beneficial owner of an existing account, subsequently becoming a PEP, the approval of the competent authority should be obtained for continuance or otherwise of the business relationships. Also, such accounts should be subjected to enhanced monitoring. These norms/rules are also applicable, when the PEP is the ultimate beneficial owner and to the accounts of family members or close relatives of PEPs and or where the PEP is the ultimate beneficial owner. Further, such accounts should be subjected to enhanced monitoring on an ongoing basis. 3. 3. 3. 3Accounts of non-face-to-face customers . With the introduction of telephone and electronic banking, increasingly accounts are being opened by banks for customers without the need for the customer to visit the bank branch. In the case of non-face-to-face customers, apart from applying the usual customer identification procedures, there must be specific and adequate procedures to mitigate the higher risk involved. Certification of all the documents presented should be insisted upon and, if necessary, additional documents may be called for. In such cases, banks may also require the first payment to be effected through the customers account with another bank which, in turn, adheres to similar KYC standards. In the case of cross-border customers, there is the additional difficulty of matching the customer with the documentation and the bank may have to rely on third party certification/introduction. In such cases, it must be ensured that the third party is a regulated and supervised entity and has adequate KYC systems in place. 3. 3. 3. 4Correspondent Banking Correspondent banking is the provision of banking services by one bank (the â€Å"correspondent bank†) to another bank (the â€Å"respondent bank†). These services may include cash/funds management, international wire transfers, drawing arrangements for demand drafts and mail transfers, payable-through-accounts, cheques clearing etc. Banks should gather sufficient information to understand fully the nature of the business of the correspondent/respondent bank. Information on the other bank’s management, major business activities, level of AML/CFT compliance, purpose of opening the account, identity of any third party entities that will use the correspondent banking services, and regulatory/supervisory framework in the correspondents/respondent’s country may be of special relevance. Similarly, Banks should try to ascertain from publicly available information whether the other bank has been subject to any money laundering or terrorist financing investigation or regulatory action. While it is desirable that such relationships should be established only with the approval of the Board, in case the Boards of some banks wish to delegate the power to an administrative authority, they may delegate the power to a committee headed by the Chairman/CEO of the bank while laying down clear parameters for approving such relationships. Proposals approved by the Committee should invariably be put up to the Board at its next meeting for post facto approval. The responsibilities of each bank with whom correspondent banking relationship is established should be clearly documented. In the case of payable-through-accounts, the correspondent bank should be satisfied that the respondent bank has verified the identity of the customers having direct access to the accounts and is undertaking ongoing due diligence on them. The correspondent bank should also ensure that the respondent bank is able to provide the relevant customer identification data immediately on request. 3. 3. 3. 5Nonresident Indians (NRIs)/Foreign Nationals Indian customers resident overseas and foreign nationals based in India pose a bigger risk from money laundering perspective then ones placed domestically. 3. 3. 3. 6Fiduciary Accounts Bank may exercise enhanced due diligence at the time of opening fiduciary accounts by intermediaries such as guardians of estates executors, administrators, assignees, receivers etc. For e. g. while opening of the account of an administrator of the estate, it may be necessary to examine the Letter of Administration(Authority) as it would give a picture of the assets of the estate. 3. 4Correspondent relationship with a â€Å"Shell Bank† 3. 4. 1Banks should refuse to enter into a correspondent relationship with a â€Å"shell bank† (i. e. a bank which is incorporated in a country where it has no physical presence and is unaffiliated to any regulated financial group). Shell banks are not permitted to operate in India. Further, before establishing correspondent relationship with any foreign institution, appropriate measures should be taken by the Bank to satisfy themselves that the foreign respondent institution does not permit its accounts to be used by Shell Banks. 3. 4. 2Banks should be extremely cautious while continuing relationships with respondent banks located in countries with poor KYC standards and countries identified as non-cooperative in the fight against money laundering and terrorist financing. Banks should ensure that their respondent banks have anti money laundering policies and procedures in place and apply enhanced due diligence procedures for transactions carried out through the correspondent accounts. Branches are advised to refer to International Division, Central Office, for clarification / guidance in the matter. 3. 4. Applicability to branches and subsidiaries outside India The guidelines contained in this master circular shall apply to the branches and majority owned subsi diaries located abroad, especially, in countries which do not or insufficiently apply the FATF Recommendations, to the extent local laws permit. When local applicable laws and regulations prohibit implementation of these guidelines, the same should be brought to the notice of Reserve Bank. In case there is a variance in KYC/AML standards prescribed by the Reserve Bank and the host country regulators, branches/overseas subsidiaries of banks are required to adopt the more stringent regulation of the two. |3. |INTRODUCTION OF ACCOUNTS : | |3. 5. 1 |WHAT IS INTRODUCTION: | | |Obtaining of introduction should not be a mere formality to get protection under Section 131 of the Negotiable | | |Instruments Act, but necessarily to enable proper identification of the person opening the account, as the Banker has | | |to render a number of Banking Services, including collection of cheques in the ordinary course of business. It is | | |therefore essential that the Banker gets to know the true identity of the customer, is aware of the credentials of the | | |prospective customer such as his address, profession/business etc, before establishing a business relationship. | |3. 5. 2 |WHO CAN INTRODUCE AN ACCOUNT? | | | | |3. 5. 2. 1 |An existing account holder of repute and standing, whose account is satisfactorily and actively conducted for a period | | |not less than six months. | |3. 5. 2. 2 |Any respectable person, in the locality, who is well known to the Bank. | | | | |3. 5. 2. |Branch Manager/Deputy Manager or any official of the branch or of other branches of the bank provided they have | | |sufficient knowledge about the identity of the person introduced. When officials of the bank introduce accounts, | | |they should be extremely careful and vigilant. They should make detailed enquiries and satisfy themselves about | | |the identity of the person, his/ her address, his/her profession / occupation, e tc. over and above the customers| | |integrity and bonafides. | |3. 5. 2. 4 |No other staff member should be allowed to introduce an account except with the concurrence of the Branch | | |Manager/Deputy Manager. | |3. . 3 |WHAT IS A PROPER INTRODUCTION? | |3. 5. 3. 1 |It is necessary that the person introducing the applicant to the Banker, must be a respectable person. He / she | | |should also be known to the Banker. | |3. 5. 3. 2 |The introducer should know the intending customer. | |3. 5. 3. 3 |The introducer should sign on bank’s form in token of his/ her verifying the identity of the applicant. Oral | | |introduction of a person desirous to open an account with the bank would not constitute a proper introduction. | |3. 5. 4 |WHAT ARE THE LIABILITIES OF THE INTRODUCER? |3. 5. 4. 1 |While introduction is not a guarantee of the account holders transactions with the Bank by the introducer, the | | |introducer should be in a position to identify/trace the account holder in ca se of need. Therefore, the | | |customers should be advised that they should not introduce any account unless they know the identity of the | | |prospective customer. A notice to this effect may be prominently displayed in the branch. | |3. 5. 5 |PROCEDURE FOR INTRODUCTION : | |3. 5. 5. |FORMALITIES FOR INTRODUCTION AND OPENING OF ACCOUNT | |3. 5. 5. 2 |To verify the residential address given by the prospective customer, banks generally ask for copies of passport, | | |driving license, identity card issued by any institution, copy of electricity or telephone bill, copy of any | | |communication issued by Central/State Government authorities showing residential address or any other evidence in| | |support of the address given in the account opening form. | |3. 5. 5. 3 |Introducer should normally visit the branch for introduction. Discreet enquiries, such as since when and how | | |he/she knows the prospective customer should be made. The introducer should also be advised of his/her/their | | |responsibilities as an introducer. | |3. 5. 5. 4 |A letter of thanks to the introducer, also requesting him/her for his/her confirmation of the introduction be | | |invariably sent by registered post. Further, a letter of thanks should also be sent to the customer by UPC, at | | |the address mentioned in the account opening form. | |3. 5. 5. 5 |The introducer must sign in the place Introduced by provided in the account opening form. | | | | |Following certificate is normally obtained from the introducer: | | | | | |I certify that I know Mr. /Mrs. /Miss __________________ since last _________ months/years and confirm | | |his/her/their occupation and address stated in this application to open the account. | |3. 5. 5. 6 |The introducer must also mention his/her/their type of account (HSS/Current Deposit) and the account nu mber. The| | |signature of the account holder should tally with the specimen signature on record with the Bank. | |3. 5. 5. 7 |Introducers signature in the column introduced by should be verified by the departmental head. The branch | | |official should satisfy himself/ herself beyond doubt as to the genuineness of the signatures and record it under| | |his/ her specimen signature and signature number, as a token of having verified the signature/s. | |3. 5. 5. 8 |In case of introduction of an account by the Manager/Official of ‘another branch’, the confirmation thereof | | |should be sought immediately from the ‘other’ branch and the ‘Manager/Official’ of ‘other’ branch is expected to | | |respond immediately. In case an account is introduced by the â€Å"Manager/Official† of ‘another’ branch, the | | |Manager/Official of the ‘other’ branch should put their ‘signature index number’ beneath their signature/s. | |3. 5. 5. |In cases where an account is introduced by a ‘customer’ of ‘another branch’, the account opening branch should | | |not allow any operations in the account, till such time the signature of the ‘customer’ ‘of the other branch’ is | | |duly verified/certified by the ‘other’ branch. The verifying official of the ‘other’ branch should append his/her| | |signature index number. | |3. 5. 5. 10 |Verification of the residential address provided by the customer is of great importance. While considering loan | | |products, verification is usually done through a visit. However, this is not possible in all the cases of | | |opening of accounts. As such, this may be achieved by mailing a welcome kit containing cheque book, rules and | | |regulations, pamphlets on various products etc. f the Bank, at the address provided by the customer. | |3. 5. 5. 11 |The branches may also contact the customer at the telephone number provided in the account documentation to | | |verify the customer details. When such verification is made, it should be noted in the records and the name, | | |signature, signature index number of the verifying official should be appended thereto. | |3. 5. 5. 12 |While opening accounts of corporate bodies, firms, trusts etc. branches should obtain documentary evidence | | |regarding existence of the entity, powers of the authorized persons to operate the account etc. | |3. 5. 5. 3 |An interview with the prospective customer is recommended, while opening an account, as the interview would help | | |in knowing the customer and preparing the profile. | |3. 5. 5. 14 |When a new branch is opened, it may not be possible to get introduction by existing account holders. Banks | | |generally canvass for accounts of VIPs in the area and key persons in nearby offices and business establishments | | |whose introduction would be available. | |4. ANTI MONEY LAUNDERING STANDARDS | | | | |4. |MONEY LAUNDERING : | | | | | |As per the Prevention of Money Laundering Act (PMLA) 2002, the offence of Money Laundering is defined as : | | | | | |Whoever directly or indirectly attempts to i ndulge or knowingly assists or knowingly is a party or is actually | | |involved in any process or activity connected with the proceeds of a crime and projecting the same as a | | |untainted property – shall be guilty of offence of Money Laundering. Money Laundering is the process by which | | |the criminals attempt to hide and disguise the origin and ownership of the proceeds of their criminal activities | | |like drug trafficking, trafficking in women and children, murder, extortion, child pornography etc. ‘Proceeds of | | |crime’ means any property derived or obtained, either directly or indirectly by any person as a result of | | |criminal activities relating to a scheduled offence or the value of such property. Money Laundering, therefore, | | |besides being a Statutory or Regulatory requirement is also a moral responsibility for all the Bank Employees. | |4. 2 |TERRORIST FINANCING : | | | | | |Terrorists use similar methods for moving their funds. Some of the terrorist groups also indulge in criminal | | |activities for funding their acts. However, there are two major differences between Money Laundering and | | |Terrorist Financing. | | | | |Whereas in the case of Money Laundering, the source of money is always through criminal activities while | | |Terrorist Financing can be from legitimately obtained income. | | | | | |It is difficult to identify terrorist funding transactions as more often terrorist activities require small | | |amounts. | 4. 3WIRE TRANSFERS : Banks use wire transfers as an expeditious method for transferring funds between bank accounts. Wire transfers include transactions occurring within the national boundaries of a country or from one country to another. As wire transfers do not involve actual movement of currency, they are considered as a rapid and secure method for transferring value from one location to another. 4. 3. 1The salient features of a wire transfer transaction are as under: 1. a) Wire transfer is a transaction carried out on behalf of an originator person (both natural and legal) through a bank by electronic means with a view to making an amount of money available to a beneficiary person at a bank. The originator and the beneficiary may be the same person. 2. ) Cross-border transfer means any wire transfer where the originator and the beneficiary bank or financial institutions are located in different countries. It may include any chain of wire transfers that has at least one cross-border element. 1. c) Domestic wire transfer means any wire transfer where the originator and receiver are located in the same country. It may also include a chain of wire transfers that takes place entirely within the borders of a single country even though the system used to effect the wire transfer may be located in another country. 2. d) The originator is the account holder, or where there is no account, the person (natural or legal) that places the order with the bank to perform the wire transfer. 4. 3. Wire transfer is an instantaneous and most preferred route for transfer of funds across the globe and hence, there is a need for preventing terrorists and other criminals from having unfettered access to wire transfers for moving their funds and for detecting any misuse when it occurs. This can be achieved if basic information on the originator of wire transfers is immediately available to appropriate law enforcement and/or prosecutorial authorities in order to assist them in detecting, investigating, prosecuting terrorists or other criminals and tracing their assets. The information can be used b y Financial Intelligence Unit India (FIU-IND) for analysing suspicious or unusual activity and disseminating it as necessary. The originator information can also be put to use by the beneficiary bank to facilitate identification and reporting of suspicious transactions to FIU-IND. Owing to the potential terrorist financing threat posed by small wire transfers, the objective is to be in a position to trace all wire transfers with minimum threshold limits. Accordingly, branches must ensure that all wire transfers are accompanied by the following information: ( A ) CROSS BORDER WIRE TRANSFERS. 1. i) All cross-border wire transfers must be accompanied by accurate and meaningful originator information. 2. ii) Information accompanying cross-border wire transfers must contain the name and address of the originator and where an account exists, the number of that account. In the absence of an account, a unique reference number, as prevalent in the country concerned, must be included. 1. iii) Where several individual transfers from a single originator are bundled in a batch file for transmission to beneficiaries in another country, they may be exempted from including full originator information, provided they include the originator’s account number or unique reference number as at (ii) above. ( B ) DOMESTIC WIRE TRANSFERS 1. i) Information accompanying all domestic wire transfers of Rs. 50000/- (Rupees Fifty Thousand) and above must include complete originator information i. e. name, address and account number etc. , unless full originator information can be made available to the beneficiary bank by other means. 2. i) If a branch has reason to believe that a customer is intentionally structuring wire transfer to below Rs. 50000/- (Rupees Fifty Thousand) to several beneficiaries in order to avoid reporting or monitoring, the branch must insist on complete customer identification before effecting the transfer. In case of non-cooperation from the customer, efforts should be made to establish his identity and Suspicious Transaction Report (STR) should be sent to Nodal Officer / Principal Officer for onward submission to FIU-IND. iii) When a credit or debit card is used to effect money transfer, necessary information as (i) above should be included in the message. 1. 4. 3. 3 EXEMPTIONS Interbank transfers and settlements where both the originator and beneficiary are banks or financial institutions would be exempted from the above requirements. 4. 3. 4Role of Ordering, Intermediary and Beneficiary banks : a) Ordering Bank An ordering bank is the one that originates a wire transfer as per the order placed by its customer. If the branch is an ordering bank, it must ensure that qualifying wire transfers contain complete originator information. The branch must also verify and preserve the information at least for a period of ten years. (b) Intermediary bank For both cross-border and domestic wire transfers, a bank processing an intermediary element of a chain of wire transfers must ensure that all originator information accompanying a wire transfer is retained with the transfer. Where technical limitations prevent full originator information accompanying a cross-border wire transfer from remaining with a related domestic wire transfer, a record must be kept at least for ten years (as required under Prevention of Money Laundering Act, 2002) by the receiving intermediary bank, of all the information received from the ordering bank. If the branch is an intermediary Bank, it must be ensured that all the records as aforesaid are preserved for a period of ten years. For further details, please refer to para 6. 14 â€Å"PRESERVATION OF RECORDS† of this circular. ( c) Beneficiary bank A beneficiary bank should have effective risk-based procedures in place to identify wire transfers lacking complete originator information. The lack of complete originator information may be considered as a factor in assessing whether a wire transfer or related transactions are suspicious and whether they should be reported to the Financial Intelligence Unit-India. The beneficiary bank should also take up the matter with the ordering bank if a transaction is not accompanied by detailed information of the fund remitter. If the ordering bank fails to furnish information on the remitter, the beneficiary bank should consider restricting or even terminating its business relationship with the ordering bank. |5 |MONITORING OF TRANSACTIONS : | |5. 1 |To obviate the scope for frauds and prevent Money Laundering, regular monitoring and supervision of accounts is | | |essential. Monitoring customer activity and transactions throughout the relationship helps the Banks to know their | | |customers, assess risk and provides greater assurance that the Bank is not being used for the purposes of financial | | |crime. However, the extent of monitoring will depend on the non-sensitivity of the account. Very high account turnover | | |inconsistent with the size of the balance maintained may indicate that funds are being ‘washed’ through the account. | | |Special attention should be paid to the complex, unusually large transactions and all unusual patterns which have no | | |apparent economic or lawful purpose. | |5. |MONITORING OF CASH TRANSACTIONS : | | | | | |Branches should closely monitor cash deposits and withdrawals of Rs. 10 lacs and above or its equivalent in foreign | | |currency. | | |All series of cash transactions integrally connected to each other which have been valued below Rupees Ten Lacs or its | | |equivalent in foreign currency where s uch series of transactions have taken place within a month and the aggregate | | |value of such transactions exceeds Rupees Ten Lacs. | |All cash transactions where forged or counterfeit currency notes or bank notes have been used as genuine and where any | | |forgery of a valuable security or a document has taken place facilitating the transaction and | | |All suspicious transactions whether or not made in cash and by way of as mentioned in the rules. | | | | |5. 3 |The methods of monitoring may be broadly classified as follows : | | | | |5. 3. |Observation : The staff at the branches may at the time of processing the transaction or otherwise, come across | | |certain transactions not in line with the profile of the customer. Certain behaviour displayed by the customer during | | |their interaction with such customer may also lead to suspicion. The branch staff should exercise caution and report | | |such instances to the principal officers/his representatives so that additional du e diligence may be done on the same. | | |A list of behavioural indicators that should trigger suspicion is mentioned hereunder : | |5. 3. |CUSTOMER BEHAVIOUR INDICATORS : | | | | | |Customers who are reluctant in providing normal information while opening an account, providing minimal or fictitious | | |information or when applying to open an account, providing information that is difficult or expensive for the | | |institution to verify. | | | | | |Customers expressing unusual curiosity about a secrecy of information involved in the transaction. | | | | | Customers who decline to provide information that in normal circumstances would make the customer eligible for banking | | |services. | | | | | |Customers giving confusing details about a transaction. | | | | | |Customers reluctant or refusing to state the purpose of a particular large/complex transaction/source of funds involved| | |or provides a questionable purpose and / or source. | | | | | |Customers who use separate tellers to conduct cash transaction or foreign exchange transactions. | | | | |Customers who deposit cash / withdrawals by means of numerous deposit slips/cheque leaves so that the total of each | | |deposit is unremarkable, but the total of all credits / debits is significant. | | | | | |Customer’s representatives avoiding contact with the branch. | | | | | |Customers who repay the problem loans unexpectedly. | | | | | |Customers who appear to have accounts with several institutions within the same locality without any apparent logical | | |reason. | | | | | | | |Customers seek to change or cancel a transaction after the customer is informed of currency transaction reporting / | | |information verification or record keeping requirements relevant to the transaction. | | | | | |Customer regularly issues large value cheques without balance and then deposits cash. | | | | | | | |5. 3. |Analysis of Exception Reports : There is a system of generation of the exception reports at the branc hes, to examine | | |accounts, based on certain parameters/threshold limits. Branches should exercise suitable due diligence on these | | |accounts and accounts concluded to be suspicious be reported in STR to the Nodal Officer for onward reporting to the | | |Principal Officer. | | | | |5. 3. 4 |The technological advancements have facilitated on line transfer of funds and real time settlement between the | | |Banks across the globe. This has helped money launderers to adopt innovative means and move funds faster across | | |continents making detection and preventive action much more difficult. This calls for a dynamic approach in tracking | | |the crime. The staff members must be vigilant in the fight against money laundering and must not allow the bank to be | | |used for money laundering activities. The Bank should not become a party to violation of law. As such, preventing | | |money laundering activities is the duty and responsibility of the bank staff. An illustrative checklist on preventing | | |money-laundering activities, is given hereunder : | |5. |CHECK LIST FOR PREVENTING MONEY-LAUNDERING ACTIVITIES | | |A customer maintains multiple accounts, transfers money among the accounts and uses one account as a master account | | |from which wire/funds transfer originates or into which wire/funds transfer are received (a customer deposits funds in | | |several accounts, usually in amounts below a specified th reshold and the funds are then consolidated into one master | | |account and wired outside the country. ) | | |A customer regularly depositing or withdrawing large amounts by a wire transfer to, from, or through countries that are| | |known sources of narcotics or where Bank secrecy laws facilitate laundering of money. | |A customer sends and receives wire transfers (from financial haven countries) particularly if there is no apparent | | |business reason for such transfers and is not consistent with the customers business or history. | | |A customer receiving many small incoming wire transfer of funds or deposits of cheques and money orders, then orders | | |large outgoing wire transfers to another city or country. | | |A customer experiences increased wire activity when previously there has been no regular wire activity. | | |Loan proceeds unexpectedly are wired or mailed to an offshore Bank or third party. | |A business customer uses or evidences of sudden increase in wired trans fer to send and receive large amounts of money, | | |internationally and/or domestically and such transfers are not consistent with the customers history. | | | | | |Deposits of currency or monetary instruments into the account of a domestic trade or business, which in turn are | | |quickly wire transferred abroad or moved among other accounts for no particular business purpose. | | |Sending or receiving frequent or large volumes of wire transfers to and from offshore institutions. | | | | |Instructing the Bank to transfer funds abroad and to expect an equal incoming wire transfer from other sources. | | | | | |Wiring cash or proceeds of a cash deposit to another country without changing the form of the currency. | | | | | |Receiving wire transfers and immediately purchasing monetary instruments prepared for payment to a third party. | | | | |Periodic wire transfers from a person’s account/s to Bank haven countries. | | | | | |A customer pays for a large (international or dom estic) wire transfers using multiple monetary instruments drawn on | | |several financial institutions. | | | | | |A customer or a non-customer receives incoming or makes outgoing wire transfers involving currency amounts just below a| | |specified threshold, or that involves numerous Bank or Travelers cheques. | | | | |A customer or a non-customer receives incoming wire transfers from the Bank to ‘Pay upon proper identification’ or to | | |convert the funds to bankers’ cheques and mail them to the customer or non-customer, when | | | | | |The amount is very large (say over Rs. 10 lacs) | | |The amount is just under a specified threshold (Rs. 0 lacs) | | |The funds come from a foreign country or | | |Such transactions occur repeatedly. | | | | | |A customer or a non customer arranges large wire transfers out of the country which are paid for by multiple Banker’s | | |cheques (just under a specified threshold) | | | | | |A non-customer sends numerous wire t ransfers using currency amounts just below a specified threshold limit. | | | | | | | | | | | | | | | | | | |5. 5 |To effectively monitor the cash transactions of Rs. 10 lacs and above (or its equivalent in foreign currency) | | |branches should maintain a separate register to record details of individual cash deposits and withdrawals of Rs. | | |10 lacs and above. The details recorded in the register should include:- | | | | | |Type of account/account no. | |Title of account/Name of the account holder | | |Date of opening the account | | |Date of Transaction | | |Nature of the transaction | | |Amount of Deposit/withdrawal ( currency in which it was denominated) | | |Identity of the person undertaking the transaction | | |Name of the beneficiary of the cheque (in case of withdrawal) | | |Destination of the funds and the form of instruction/authority. | |5. 6 |Cash deposits or withdrawals of Rs. 0 lacs and above should be reported by the Branch Manager to the controlling | | |office on a monthly basis, incorporating the above particulars. | |5. 7 |Whenever the depositor/borrower is depositing/withdrawing cash for Rs. 10 lacs and above, which is inconsistent | | |with the normal and expected activity of the customer, the information gathered from/revealed by the client, may | | |be recorded in the Register and reported in the statement. | |5. 8 |Regional Office, on receipt of these statements from the Branches should immediately scrutinize the details | | |thereof. In case any of the transactions prima-facie appears to be dubious or give rise to suspicion, such | | |transactions should be looked into by deputing officials from the Regional Office. If any of the transactions is| | |found to be of suspicious nature, it should be immediately informed to Zonal Manager/General Manager Central | | |Audit Inspection Department, Central Office. | |6 |Combating Financing of Terrorism | | | | |6. |As and when list of individuals and entities approved by Security Council Committee established pursuant to | | |various United Nations’ Security Council Resolutions (UNSCRs) are received from Government of India / Reserve | | |Bank of India, the same are circulated to all the offices with instructions to ensure the consolidated list of | | |individuals and entities as circulated by Reserve Bank of India is updated. The updated list of such | | |individuals/entities can be accessed in the United Nations’ website at | | |http://www. un. org/sc/com mittees/1267/consolist. shtml. Branches are advised that before opening any new account it| | |should be ensured that the name/s of the proposed customer does not appear in the list. Further, branches should | | |scan all existing accounts to ensure that no account is held by or linked to any of the entities or individuals | | |included in the list. Full details of accounts bearing resemblance with any of the individuals/entities in the | | |list should immediately be intimated to Nodal Officer / Principal Officer for onward submission to Reserve Bank | | |of India / FIU-IND. | |6. 2 |In terms of PMLA Rules, suspicious transaction should include inter alia transactions which give rise to a | | |reasonable ground of suspicion that these may involve financing of the activities relating to terrorism. Banks | | |are, therefore, advised to develop suitable mechanism through appropriate policy framework for enhanced | | |monitoring of accounts suspected of having terrorist links and swift identification of the transactions and | | |making suitable reports to the Financial Intelligence Unit – India (FIU-IND) on priority. | |6. 3 |Reserve Bank of India has advised vide their circular dated March 26, 2010 that as per the communication received| | |from the Financial Action Task Force (FATF), the strategic AML / CFT deficient jurisdiction are divided into 3 | | |groups as under : | |6. 3. |Jurisdictions subject to FATF call on its members and other jurisdictions to apply counter measures to protect | | |the international financial system from the ongoing and substantial money laundering and terrorist financing | | |(ML/FT) risks emanating from the jurisdiction : Iran | |6. 3. 2 |Jurisdictions with strategic AML/CFT deficiencies that have not committed to an action plan developed with the | | |FATF to address key deficiencies as of February 2010. The FATF calls on its members to consider the risks | | |arising from the deficiencies associated with each jurisdiction.