Vulnerable operations. – Identification of the user. – It must be before or at the moment of the operation
As an important precedent for the regulation of vulnerable operations, we have that on October 17th, 2012, the Federal Law for the Prevention and Identification of Operations with Illegally Obtained Resources, and from it, there is a diversity of normative provisions that regulate the topic, from which innumerable obligations emerge that can be classified under four headings:
- Obligations of registration.
- Obligations of identification.
- Obligations of notices and reports.
- Other obligations indicated in the numeral 18 of the topic´s Law.
We specifically refer to the obligation of identifying the clients and users with whom the activities subject to supervision are carried out and verify their identity based on credentials and official documentation, as well as collecting copy of the documentation, for which a unique file of identification must be integrated before the operation or at the time of carrying it out.
Also, they are obligated to identify the beneficiaries, owners of each of the operations of vulnerable activities, that are conducted. This is emphasized because there might be verification visits by the authority in the addresses of the subjects obligated to the identification of their clients or users. At this moment, the visited party must prove to the authority that the unique files were integrated before or during the completion of the vulnerable operation.
If the compliance to the referred obligations is not accredited, in time and in due form, in regards to the vulnerable operations that had been carried out, the party will be placed in an infringing conduct established in the applicable legal dispositions, regulatory, and of general character, having as a consequence the imposition of fines.
The topic acquires major relevance if it is considered that some nullity trials solved by Federal Tribunal of Administrative Justice have reiterated the criterion in the sense that the unique file of identification must be integrated before the operation in question or during its completion.
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