on the principles of banks' procedures in the event of disclosure of circumstances indicating placement with a bank of pecuniary resources or other properties gained from or connected with a crime, and in case of cash deposits exceeding a specified value.
Under Art. 100, 5, Item 1 and 3 of the Banking Law Act of 31 January 1989 /Official State Journal 1992, no 72, item 359/, the President of the National Bank of Poland orders as follows:
1.Whenever used in this Regulation, the following terms shall have the following meanings:
(1) "money laundering" shall mean a situation whereby the circumstances disclosed indicate that pecuniary resources or other properties placed with a bank are proceeds from a crime or from complicity in a crime, or there is an intention to hide the origin, amount and appropriation thereof due to reasons connected with a crime;
(2) "banking operations" shall mean business activities performed by banks, in accordance with dispositions by customers or under binding agreements, which result in changes in the balances of accounts and accounting records maintained;
(3) " an accounting document" shall mean an order by a bank's customer which satisfies requirements specified in Section 2 of Regulation No. 1/91 of 12 February 1991, regarding uniform banking accounting principles /Official NBP Journal No. 2, Item 3, and No. 11, Item 36/.
2.While performing banking operations, and cash transactions in particular, banks are obligated to establish the identity of a customer and keep the data together with corresponding accounting documents for a period of 5 years.
3. The obligation set forth in 2 relates to banking operations carried out in order to perform legal acts assigned by customers which cover disposition of properties exceeding 200 m zlotys in value, or an equivalent of this amount denominated in foreign currency.
4.1. In order to fulfill the obligation to establish the customer's identity, banks shall maintain banking operations records, specified in 2, and include:
(1) identity and address of a person who actually makes a deposit;
(2) identity and address of a person on behalf of whom a deposit is made;
(3) identity and address of a beneficiary;
(4) banking account number connected with a given transaction if any;
(5) type of transaction;
(6) designations of banks involved in a given transaction;
(7) date of transaction;
(8) amount of transaction;
(9)personal data /name, surname, position, signature/ of the person who has registered the above information.
2. The identity of the persons referred to in Item 4.1., Point (1) must be established against a valid identity card or passport.
3. The identity of the persons referred to in Item 4.1., Point (2) and (3) relates both to natural and legal persons, as well as other organizational entities.
5. If a banking operation being performed, regardless of its value, gives rise to a justified suspicion that there is a case of money laundering, and the act features all the statutory attributes of an offense, then the bank is obliged to notify appropriate local office of the Public Prosecutor of the Republic of Poland.
6.1. Banks are obliged to develop and carry out internal programs for the prevention of money laundering.
2. Within a month after the Regulation enters into force, the Boards of Directors of banks shall appoint individuals who will be responsible for the development of the programs referred to in Item 1 above by 31 December 1992.
7. Under Art. 102, 2 of the Banking Law Act, banks shall be obliged to disclosed to the authorized representatives of the National Bank of Poland data collected under the rules set forth in 4 and all other information connected with functioning of the internal programs for the prevention of money laundering.
8. This Regulation shall enter into force 14 days after the date of its announcement.
President of National Bank of Poland
H. Gronkiewicz Waltz