Introduction

As a company, we are committed to carrying on business in accordance with the highest ethical standards. This “Anti-Money Laundering” (AML) and “Know Your Client” (KYC) policies, procedure and controls has been designed, approved and implemented by Nation Gain Limited (NG) is constantly working to improve its policies and practices to offer security and reliability to its clients. NG confirms to British Virgin Island (BVI) primary legislation to combat money laundering, terrorist financing and proliferation financing under and in accordance with the Drug Trafficking Offences Act, 1992 (the “DTOA”), the Proceeds of Criminal Conduct Act, 1997 (the "PCCA"), the Anti-Money Laundering Regulations, 2008 (the "AML Regulations") and the Anti-Money Laundering and Terrorist Financing Code of Practice, 2008 (the "AML/TF Code") - each as amended from time to time (and together, the "BVI AML/CFT Regime"). To ensure that, this AML-KYC Program has been developed with a reference to Anti-Money Laundering and Combatting Terrorist Financing Guidelines (AML/CFT Guidelines), issued by the BVI Financial Services Commission (the "FSC").

The term “money laundering” (ML) is not a single act but is generally defined as “the processing of criminal proceeds to disguise their illegal origin”. Essentially, it is engaging in acts designed to conceal or disguise the true origins of criminally derived proceeds so that the proceeds appear to have originated from legitimate sources or constitute legitimate assets. (AML/CFT Guidelines)

The term “Terrorist Financing” (TF) is described as the use of funds, or the making available of funds, for the purposes of terrorism; or the acquisition, possession, concealment, conversion or transfer of funds that are, directly or indirectly, intended to be used or made available for the purposes of terrorism. TF may not involve the proceeds of criminal conduct, but rather an attempt to conceal either the origin of the funds or their intended use, which could be for criminal purposes. (AML/CFT Guidelines)

1 - Policy Statement

NG’s principle is not to enter into business relationships with any criminals and/or terrorists, not to process transactions with result from criminal and/or terrorist activity and not to facilitate any transactions involving criminal and/or terrorist activity including the financing of terrorism. NG undertakes to implement policies and procedures necessary to prevent the money laundering and to comply with applicable legislation in this regard.
NG adopts a risk-based approach (RBA) in the design and implementation of its AML-KYC program with a view to preventing and mitigating ML and TF risks. Procedures and controls based on RBA is described in 1.3.

1.1 Senior Management Oversight

o ensure effective risk management, the Directors of NG should have a clear understanding of ML/TF risks. They also make certain that the risks are adequately managed. Any issues regarding ML/TF risks and AML-KYC Program should be communicated to them in a timely and accurate manner through the “Compliance Officer” (CO).

The senior management appoints a CO at the management level to have him/her the overall responsibility for the establishment and maintenance of the NG’s AML-KYC Program.

1.2 Requirements to Clients

1.3 Procedures and Controls

1.3.1 Verification of ID before/during establishing a business relationship
NG shall understand the purpose and intended nature of the business relationship. And the purpose and nature should be commensurate with the risk profile of the client and the nature of the business relationship.

All staff have an obligation to report information which comes to their attention to their manager or CO, which gives rise to knowledge or suspicion or reasonable grounds for knowledge or suspicion of money laundering. Knowing its clients is NG’s most important line of defense in preventing or detecting ML/TF activities.

1.3.2 Monitoring during conduction transactions
A suspicious transaction will often be one which is inconsistent with a client’s known legitimate business or actions. Emphasis will therefore be placed on knowing the client’s business and his/her requirements and usual transactions. It is the responsibility of all staff to report knowledge or suspicion of ML/TF to the CO.

Reporting a suspicion is a defense to a claim for breach of confidence. Confidentiality whilst an investigation is ongoing is of the utmost importance and employees are reminded of the offense of tipping-off. Tipping-off, a person suspected of money laundering that (a) he/she or someone else has made a lawful disclosure or (b) there is a money laundering investigation taking place, is likely either to prejudice any investigation arising from the disclosure or to prejudice the investigation disclosed to the person suspected of money laundering.

1.3.3 Examination of a suspicious transaction
When a suspicious transaction takes place, NG may hold the transaction until it is able to verify the identity of the entity, and the purpose and legality of the transaction. NG will take appropriate steps to identify if there are any grounds for suspicion.
These steps include:

If it is concluded that there are grounds for suspicion, a “Suspicious transaction report” (STR) will be made to “Joint Anti-money Laundering and Terrorist Financing Advisory Committee” (JALTFAC). The CO is in charge of filing an STR.

1.3.4 Record-keeping
NG will keep all records for at least 5 years from the date of completion of the transaction. These should include records verifying the identity of user and a record of transactions with or for that user. Also, the findings and outcomes of steps above-mentioned, as well as the rationale of any decision made after taking these steps, are properly documented in writing and be available to the FSC, other competent authorities and auditors.

2 - Designation of a Compliance Officer

CO can be appointed at a meeting of the Directors. The CO should have the overall responsibility for the establishment and maintenance of NG’s AML-KYC Program. The CO acts as the central reference point within NG for suspicious transaction reporting. The CO provides support and guidance to the senior management to ensure that ML/TF risks are adequately identified, understood and managed. If any emerging issues identified, the CO should communicate them with the senior management in a timely and accurate manner. The CO of NG serves as a central reference point for reporting suspicious transactions.

3 - Employee Training

To implement its AML-KYC Program, NG conducts constant training for all of officer and employees to foster an understanding and awareness of the importance of AML/CFT regarding its internal policies and relevant regulations throughout the entire organization.

1. The CO ensures that staff training is adequate and effective.
2. The CO has a responsibility to keep records of training (who, when, the type of the training).
3. When hiring employees, NG has in place screening procedures by verifying employee’s ID and background.
4. New staff is required to attend initial training as soon as possible after being hired or appointed.

4 - Independent Audit Function

NG establishes an independent audit function, which should have sufficient expertise and resources to enable it to carry out independent reviews of the NG’s AML-KYC Program. The audit function should regularly review the AML-KYC Program to ensure effectiveness. The review should include, but not be limited to:

5 – De-risking of Russian Clients

NG understand that Russia is facing economic sanctions from Western countries such as the United States, the EU, and the UK for its invasion of Ukraine, and that this entails high risks for transactions and fund transfers involving Russian individuals and companies.
Therefore, in case NG have business relations with Russian individuals or companies, NG will hedge potential risks by doing the following measures.

6 – Glossary

AML/CFT	Anti-Money Laundering and Combatting Terrorist Financing
AML/CFT Guidelines	Guidelines issued by FSC on Anti-Money Laundering and Combatting Terrorist Financing
AML-KYC	Anti-Money Laundering and Know Your Customer
AML-KYC Programs	AML-KYC policies, procedures and controls
AML Regulations	The Anti-Money Laundering Regulations, 2008
AML/TF Code	Anti-Money Laundering and Terrorist Financing Code of Practice, 2008
BVI	British Virgin Islands
CDD	Customer due diligence
CO	Compliance officer
DTOA	Drug Trafficking Offences Act, 1992
FSC	The British Virgin Islands Financial Service Commission
JALTFAC	Joint Anti-money Laundering and Terrorist Financing Advisory Committee
NG	Nation Gain Limited