MONEY LAUNDERING PREVENTION POLICY
AND TERRORIST FINANCING (PLD-FT)
SUMMARY
1. CONCEPTS AND ACRONYMS
2. OBJECTIVES
3. SCOPE
4. REFERENCES
5. GOVERNANCE, RESPONSIBILITIES AND ATTRIBUTIONS
6. WEBPEAK PLD-FT PROGRAM
6.1. ABR - Risk-Based Approach
6.2. Internal risk assessment (RIA)
6.3. Monitoring and analysis of suspicious situations
6.4. Identification and Registration Procedures
6.5. Reporting Operations
7. KEEPING RECORDS AND DOCUMENTS
8. FINAL PROVISIONS
ABR: Risk-Based Approach.
AIR: Internal Risk Assessment.
Directors: individuals who are part of the management, responsible for conducting its strategic affairs.
Final Beneficiary: natural person or natural persons who jointly own, control or significantly influence, directly or indirectly, a client on whose behalf a transaction is being conducted or benefits from it.
Register: an electronic record of the information and identification documents of clients, partners, employees and their legal representatives.
COAF: Council for the Control of Financial Activities.
Collaborators: individuals, partners, employees, trainees, representatives or in any way related to the Company, who occupy or will occupy functions or positions.
UNSC: United Nations Security Council.
CVM: Securities and Exchange Commission.
Terrorist Financing: when someone, directly or indirectly, by any means, provides financial support, supplies or gathers funds with the intention that they will be used or in the knowledge that they will be used, in whole or in part, by terrorist groups to carry out terrorist acts. It is the process of covertly distributing resources to be used in terrorist activities. These funds usually come from the activities of other criminal organizations involved in drug, arms and ammunition trafficking and smuggling, or they can be derived from illicit activities, including donations to "front" charities. The methods used by terrorists to conceal the link between themselves and the sources of their funding are generally similar to those used in money laundering. However, terrorists usually use legally obtained funds in order to reduce the risk of being discovered before the terrorist act.
Supplier: an individual or legal entity, public or private, national or foreign, as well as non-personalized entities, which carry out production, assembly, creation, construction, transformation, import, export, distribution or commercialization of products or services, considered relevant under the terms of ICVM 617/19 and other internal regulations related to the selection, monitoring and contracting of suppliers.
Statutory Functions: all functions, positions or posts in the Company established by law or regulation.
Money laundering: a process that consists of concealing or disguising the nature, origin, location, disposition, movement or ownership of goods, rights or values derived, directly or indirectly, from a criminal offense. This process, through which funds from criminal activities can be introduced into the economic system, involves three independent stages that often occur simultaneously: placement, concealment and integration. It is always a consequent crime, which takes place after another antecedent crime, such as drug trafficking, corruption, illegal trade or arms trafficking, trafficking or sexual exploitation of people, organ trafficking and tax fraud.
Partner: legal entity or natural person with which Webpeak enters into an arrangement, establishing a cooperation agreement to achieve common interests.
Politically Exposed Persons: defined in ICVM 617/19.
PLD-FT: prevention of money laundering and terrorist financing.
Relevant Positions: all Statutory Functions, as well as those directorship, management or other leadership positions held in the various departments and areas of Webpeak.
PLD-FT Program: Webpeak's program, established by this Policy, aimed at combating money laundering and terrorist financing.
Legal representatives: natural persons who act as representatives, agents or proxies for clients, partners and collaborators, by virtue of law or contract.
This document aims to establish the Prevention of Money Laundering and Combating the Financing of Terrorism (PLD-FT) Policy in Webpeak's business environment, in order to preserve a good reputation and avoid fines and sanctions from regulatory bodies.
This Policy for the Prevention of Money Laundering and Terrorist Financing ("Policy") of Webpeak ("Company") provides for the guidelines related to the prevention and combat of money laundering and terrorist financing crimes, as provided for in Law No. 9,613/98 and subsequent amendments, as well as in compliance with CVM Instruction No. 617/2019, among other regulations related to the subject.
The main objectives and guidelines of the Policy are:
As for the guidelines for implementing the procedures, they are: (i) collecting, verifying, validating and updating registration information in order to get to know clients, employees, partners and third-party service providers; (ii) registering transactions and financial services; (iii) monitoring, selecting and analyzing suspicious transactions and situations; and (iv) reporting transactions to the Financial Activities Control Board (COAF).
This Policy is compatible with risk profiles and applies to all of the Company's clients, employees and partners.
This Policy should be read and interpreted in conjunction with the following documents, among others that may be applicable:
Webpeak's governance structure ensures compliance with this policy and its internal procedures and controls. All employees, within the scope of their respective activities and spheres of competence, have roles and responsibilities under the terms of this Policy and Webpeak's PLD-PT Program.
In compliance with national standards and international guidelines on PLD-FT, Webpeak has established a Program based on the following pillars:
Webpeak uses a risk-based approach (RBA) in order to identify, analyze, understand and mitigate the LD-FT risks inherent in the activities, products and services it provides.
To this end, the PLD-FT Internal Procedure (IP) must contain the company's detailed ABR, including identification of the products offered by Webpeak, as well as details of the methodology adopted for classifying customers.
Depending on the variables identified in the classification process, customers should be segmented by LD-FT risk - high, medium and low. Detailed internal procedures for classifying, identifying and monitoring customer risks will be provided for in the PLD-FT PI.
The Financial Action Task Force (FATF) has defined risk categories that make it possible to adopt reinforced management and mitigation controls for the situations, operations and clients with the highest risk, and to adopt simplified controls for those with the lowest risk.
In order to identify the risk of using products and services in the LD-FT practice, the internal assessment considers risk profiles, such as customers and activities carried out by employees, partners and service providers. Those identified have their probability of occurrence and magnitude of impact - such as financial, legal and reputational - assessed.
Suspicious situations are those that show signs of the institution being used to commit the crimes of money laundering and/or terrorist financing, such as:
The basic premise of PLD-FT is to monitor Webpeak's activities and relationships with customers, employees and partners.
In order to be able to carry this out, it is necessary to have previously identified and verified these individuals, as well as the risks inherent in dealing with them, which is done by complying with and observing the following procedures:
These IPs contain the main guidelines to be adopted when identifying customers, employees and partners, including actions such as, but not limited to, capturing and consulting public databases on LD-FT risks.
Once the existence of crimes related to LD-FT is confirmed, the client and the operations will be reported to COAF and/or the securities market regulators. These reports are made in confidence, without the knowledge of those involved or third parties.
In addition, the company ensures that periodic monitoring is carried out to ensure the implementation and adequacy of this Policy, as well as the procedures and internal controls.
Pursuant to article 22, paragraph 2, of ICVM 617/19, all information, documents and reports, among others, dealing with investigations into indications of LD-FT are confidential and must not, under any circumstances, be made available to Clients or third parties, including the party to which the information refers.
Exceptions in the handling of situations not provided for in this Policy, when applicable, will be assessed by the directors, who may, in the light of a specific case and observing the specific procedures, authorize any exceptions to the internal procedures provided for herein, provided that they justify their decision, which must, in this case, be unanimous.
These rules shall be reviewed every two years or less as a result of changes to the legislation or regulations applicable to Webpeak or any relevant changes to its business and activities. Such changes will only take effect after approval by the directors.
These rules will come into force once they have been approved and published on Webpeak's website , making them available for consultation by all interested parties.
