Politically Exposed Person

Politically Exposed Person

In connection with the amendment to the Act No. 253/2008 Coll. against money laundering (i.e. AML Act), the definition of a politically exposed person has significantly changed with effect from January 1, 2017.

For the purposes of the AML Act the politically exposed person shell mean:

  1. an individual who holds or held a major public office with a nationwide or regionalwide power, such as the head of state or prime minister, a head of central government authority and his deputy (a deputy or a state secretary), a member of parliament, a member of the governing body of a political party, a head of the local government, a member of the Supreme Court, Constitutional Court or other higher judicial authority, against whose decisions no appeals can be generally filed (with exceptions), a member of the Central Bank highest authority, the high-ranking officer in the armed forces or military corps, a member or its representative, if it is a legal entity, of a statutory body a state-controlled company, ambassador or chargé d'affaires, or a natural person who holds a similar position in other country, the offices of European Union or other international organizations,
  2. an individual who is
    1. related to the person referred to in the subparagraph a), especially:
      • relatives in direct line - parents, grandparents, children, grandchildren, greatgrandchildren etc.,
      • sibling, spouse, partner,
      • brother in law, sister in law (i.e. family of spouse or partner), son in law, daughter in law, parents in law,
      • a person who has lived with him or her,
      • a person has a family relationship or a similar relationship when a harm suffered one person would the second person considers as his own detriment,
    2. a partner or real owner of the same legal entity or trust or other similar legal arrangement under the foreign law as the person referred to in the subparagraph a), or it is known that it is in any other close business relationship with a person referred to in the subparagraph a), or
    3. a real owner of a legal entity or trust or other similar legal arrangement under the foreign law, which is known to have been created for the benefit of persons referred to in the subparagraph a).

Since the new definition of a politically exposed person covers a much broader range of people, all clients of the payment institution have to take this change into account and if they have become or will become a politically ex-posed person, they must announce that fact to the employ-ees of the company EXCHANGE s.r.o. before each individual act of currency exchange, signing of a frame contract or placing of a payment order.

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