None of these categories shall include intermediate- or lower-ranking public employees.
2. With regard to clients or beneficial owners who perform or have performed important
public duties by election, appointment or investiture in other European Union Member States
or a third country, the obliged subjects, in addition to the normal due diligence measures,
must in any event:
a) Implement appropriate risk-management procedures to determine whether a client or
beneficial owner is a politically exposed person. These procedures shall be included in the
customer acceptance policy described in Article 26.1.
b) Obtain approval from at least the immediate senior manager, before establishing or
maintaining business relationships.
c) Take the appropriate measures to establish the source of wealth and funds.
d) Conduct enhanced ongoing monitoring of the business relationship.
3. In addition to the normal due diligence measures, obliged subjects must apply reasonable
due diligence measures to determine whether the client or the beneficial owner performs or
has performed any of the duties described in paragraphs b) and c) under section one of this
Article.
The review, in accordance with the risk factors present in each case, of the information
obtained during the due diligence process shall be considered reasonable measures.
In the case of higher-risk business relationships, the obliged parties shall apply the measures
described in paragraphs b), c) and d) in the preceding section.
4. Obliged subjects shall apply the measures established in the two above sections to the
family members and other close associates of politically exposed persons.
For the purposes of this Article a family member shall be considered to be the spouse or the
person who is a stable partner in an emotionally analogous relationship, as well as parents and
children, and the children’s spouses or persons who are the stable partners in emotionally
analogous relationships.
A close associate shall be considered to be any natural person who is known to hold the
ownership or control of an instrument or legal person jointly with a politically exposed person,
or with whom he or she has other close business relationships, or who holds the ownership or
control of an instrument or legal person who is known to have been established in his or her
benefit.
5. Obliged subjects shall apply reasonable measures to determine whether the beneficiary of a
life insurance policy or, where appropriate, the beneficial owner, is a politically exposed
person prior to the payment of the benefit arising from the contract or to the exercise of the
rights of redemption, advance payment or pledge conferred by the policy.
In the event of identifying greater risks, the obliged subjects, in addition to the normal due
diligence measures, must:
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