Metalor Group Policies & Procedures
02.017.004.002 RE-Pack clients in Be CH Fr Lu UK USSummary
A. Metalor presentation …………………………………..………………………………………… 1
B. Guidelines for account opening and due diligence ………………….………………….………… 2
C. KYC Questionnaire………………………………………………………………………………………. 4
D. Declaration regarding the origin of funds and goods ………………..……………………………… 5
E. Power of Attorney and specimen of signatures ……………………………………………………… 6
F. Standard Settlement Instructions form………………………………………………………………… 7
G. Identification of the Controlling Individuals..………………………………………………………….....8
G.1. Who are the Controlling Individuals?...... 9
H. Supply chain due diligence policy……. ………………..………………………………………………10
I. Client general information form………………………………………………………….………………12
Introduction
Since its creation in 1852, Metalor has always been recognized by its worldwide business partners as an ethical and responsible precious metals company, and has become the world’s largest multiple site refiner of gold. This would not have been possible without irreproachable business practices and a sustainable strong corporate ethic. Metalor’s corporate culture has been founded upon honesty and integrity at all levels of the company, and we are determined to continue to be relentless in our effort to implement these values internally and externally.
About Metalor
The Metalor Group is the leading precious metals company worldwide. The Group’s core competencies are the refining, management and transformation of precious metals, the supply of innovative surface treatment processes, powders and chemical products, and the manufacturing of silver alloys electrical contacts designed for electrical distribution, digital and analogue control, transports and electrical appliances. Metalor’s primary objective is to create exceptional value for its customers, partners and shareholders, within a culture of performance, innovation, trust and respect. With subsidiaries all over the world, and more than 1,700 employees, the Metalor Group is present in Europe, the United States, South America and Asia.
Increased sectorial regulation
The gold industry has seen extraordinary changes in legislation and guidelines regarding the origin and supply of gold. Users of gold now look at its supply chain from mine to retail, and at a wide range of legal, environmental and ethical issues.
Some recent developments include:
· U.S. Dodd Frank Act, Section 1502, Conflict Minerals Provision (2010 – declaring gold to be a “conflict mineral” worldwide).
· California Transparency in Supply Chains Act of 2010.
· Organization for Economic Cooperation and Development (OECD): Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas (2011), and its Gold Supplement (2012).
· London Bullion Market Association (LBMA): Responsible Gold Guidance V.6 (2015).
· World Gold Council (WGC): Standards for Conflict-Free Gold (2012).
· Responsible Jewellery Council (RJC): Code of Practices (2013) and Chain of Custody Standard (2012).
· Electronic Industry Citizenship Coalition-Global e-Sustainability Initiative (EICC-GeSI): Conflict-Free Smelter Program, Gold Supply Chain Transparency (2011).
Metalor has shared its expertise in gold refining and due diligence to make these efforts more effective and workable by gold industry participants.
Metalor’s gold supply chain due diligence policy
You will find enclosed, on page 10 or chapter H. of this document, our Supply Chain Due Diligence policy. We thank you very much in advance for accepting it and applying it, not only in the framework of your commercial partnership with Metalor, but also in your own business within the gold industry.
The necessary documents to open a client account are also enclosed. On pages 2 and 3 or chapter B you will find an explanatory note that will allow you to better understand our expectations. Should this information not be sufficient, we remain available to assist you in the procedure to open your customer account.
We shall keep you informed of any new developments in legislation and potential restrictions about what sources of gold we can legally accept or not.
Also, should you have any doubt or concerns with regard to traceability or identify risks with gold that you think may violate this policy, we would ask you to inform us immediately.
We thank you very much in advance for your precious cooperation and look forward to welcoming you soon among our partners.
B. Guidelines for Account Opening and Due Diligence
In order to guide you in the preparation of your client file prior to the opening of your client account at Metalor, we kindly invite you to carefully read the guidelines below.
1. Please note that this pack must be completed and returned to us in its entirety. In this regard kindly note that our documents must be signed by signatories mentioned and identified in your official documents such as the Extract of commercial register or our “Power of Attorney and Specimen of Signatures” form in accordance with their signing rights (individually or jointly). In addition, please note that we must receive a copy of the ID of each person signing our documents, and each person listed in our forms below.
2. Documents must be originals or certified copies dated less than 12 months when submitted to Metalor, unless provided otherwise in this document:
Ø Certified and dated by an external counsel, notary public, authorized official, Chamber of Commerce or local commercial register.
Documents can be submitted in English, French, Spanish or German.
Ø Should documents be in another language, a certified official translation in English will be required
Ø Both the original or certified copy of the original as well as the certified official translation are required.
3. ID documents required in the following pages must be:
Ø A simple copy of a passport or ID card, or
Ø A certified copy dated less than 12 months of any other ID document
4. In order to maintain your file up to date, any modification should be communicated to us as soon as possible and the relevant documents forwarded to us. This may include, among others:
Ø New bank account or change in bank account details.
Ø New authorized person(s) or change in authorized persons.
Ø Modifications in shareholding and/or company legal structure.
Ø Modification in material type or sourcing.
Ø Any other relevant modification.
5. Certified copy of license to deal with, extract and export precious metals and/or certificate of origin
If applicable to your business, please provide us with such document.
6. KYC questionnaire completed, dated and signed. (Please refer to page 4 or chapter C of this document)
7. Declaration regarding the origin of funds and goods completed, dated and signed. (Please refer to page 5 or chapter D of this document)
8. Designation and identification of the persons authorized to represent your company in its business with Metalor (please refer to page 6 or chapter E of this document).
All persons representing your company dealing with Metalor must sign and identify themselves with a simple copy of their passport or ID card, or a certified copy of any other valid ID document.
This document must specify if the signatory power is individual or joint.
9. Settlement instructions (please refer to page 7 or chapter F of this document).
Kindly fill in, date and sign the document on page 7 (chapter F), only if you expect payments from Metalor.
Please note that this document will serve as a reference for all payments made by Metalor to your company. Accordingly, it is essential that you inform us of any changes in your banking details.
Kindly send us a copy of the passport or ID card, or a certified copy dated less than 12 months, of the persons listed in this document.
10. Designation and identification of the controlling individuals of your company (please refer to page 8 or chapter G of this document).
In order to help you in the identification process, please refer to the document “Who are the controlling individuals?” on page 9 or chapter G.1. of this document.
11. Supply chain due diligence policy duly dated and signed (please refer to page 10 or chapter H of this document).
12. Client general information form duly completed (please refer to page 12 or chapter I of this document).
C. KYC questionnaireName of the company: -
1. Business activity
a) Description of your company’s core business activity
b) Is your company legally required to have a license to conduct its business / import / export precious metals?
Yes No If yes, please specify
c) Is your company a member of LBMA, RJC or any similar international organization?
Yes No If yes, please specify
d) Customers/Suppliers (types and locations)
e) Origin of material (types and locations of suppliers)
2. Potential business with Metalor
a) What type of precious metals is the Company planning to send for refining? (If not applicable please tick none)
Gold / Silver / Palladium Platinum Rhodium Ruthenium Iridium Noneb) What type of precious metals is the Company planning to purchase? (If not applicable please tick none)
Gold / Silver / Palladium Platinum Rhodium Ruthenium Iridium Nonec) What is the expected volume of metals to be delivered (kg/month):
3. Responsible precious metal supply chain policy
Has your company established a responsible supply chain of precious metals from conflict-affected and high risk areas policy? If so, please join a copy. Yes No N/A, the company does not source material originating from and/or channeling through conflict-affected and/or high risk areas
4. Anti-Money Laundering (AML) and Combating Financing of Terrorism (CFT)
a) Is your company subject to AML/CFT Laws/Regulations? Yes No
b) Has your company established policies or practices for the identification and reporting of transactions that are required to be reported to the authorities? Yes No
c) Does your company have a process to identify each transaction and each supplier/client of precious metals to your company? Yes No If yes, please specify
5. Anti-bribery
a) Does your company or Senior Management have ever been charged for violation of applicable anti-bribery laws or regulations? Yes No If yes, please specify
6. Other
a) How did you get to know Metalor? Referral. Name of referee:
RJC / LBMA Metalor website Other. Please specify:
Additional remarks
I hereby declare that the information given above is true and accurate as of the date of writing. I undertake to inform Metalor of any material changes.
Signature of legal representative: - Signature of legal representative: -
Name: - Name: -
Title: - Title: -
Place and date: - Place and date: -
D. Declaration regarding the origin of funds and goodsName of the company: -
Address: -
Represented by: -
Hereby declares that,
· it is the beneficial owner of the goods delivered to Metalor, as well as the funds used in relation to the transaction with Metalor, or if it is not the beneficial owner, that the beneficial owner is (name, address, country) *
· it has taken all necessary measures to prevent the use of funds and/or material originating from illegal activities ;
· it has taken all necessary measures to prevent the acquisition and trade of goods and/or funds that were obtained through or related to illegal activities, or that fund, promote or cover up illegal activities ;
· it has a due diligence process in place in order to ensure that the origin of the goods and/or funds is legal;
· it has acquired such goods and/or funds from persons identified as the legitimate owners and in compliance with applicable legal provisions;
· all goods traded by the company are approved by the Government;
· if applicable, such goods have been exported and such funds wired in compliance with the relevant legislation of their country of origin ;
· it does not use child labour as defined in Convention 182 of the International Labour Organization or forced/compulsory labour to carry out any work or service ;
· it complies with applicable legal provisions and regulations regarding environmental protection and sustainable development ;
· it complies with applicable tax provisions and regulations ;
· it does not offer, promise or give any undue advantage, whether directly or through intermediaries, to a foreign public official or a private sector employee in order to obtain business or any other advantage ;
· it is not subject to legal proceedings or investigation by the authorities. If that were the case, please contact Metalor’s legal department in your region (Europe: and / Asia: / Americas: ).
Company makes the present declaration on behalf of its shareholders, board members, employees and representatives, and Company promises to carry out all activities within the scope of this declaration in such a way that its providers, consultants, customers and other associates, abide by these principles.
Company undertakes to advise Metalor of any changes affecting this declaration.
Signature of legal representative: - Signature of legal representative: -
Name: - Name: -
Title: - Title: -
Place and date: - Place and date: -
02.017.004.002 RE-Pack clients in Be CH Fr Lu UK US Version: 9.0 Approbation date: 25-May-16 1-12
Metalor Group Policies & Procedures
E. Power of Attorney & specimen of signaturesThe persons named below are authorized to represent without any restrictions
[company name] in its relations with Metalor
Name and first name / Signing rights(individually or jointly) / Signature / Phone number/cell number and E-mail
* Please attach a simple copy of the passport or ID card, or certified copy dated less than 12 months of any other identification document for each of the persons listed above.
All indications given in this form will be valid unless otherwise advised by the company in writing.
Signed on behalf of
(Company name) (Company seal)
Signature of legal representative: - Signature of legal representative: -
Name: - Name: -
Title: - Title: -
Place and date: - Place and date: -