AML and PEP Declaration

Each director, member, beneficial owner and authorised person of a client company signs their own copy of this declaration as part of our client due diligence. It is required under the Anti-Money Laundering and Counter-Terrorist Financing Ordinance (Cap. 615) and our Trust or Company Service Provider licence.

Part 1 — Statement of Non-Criminal Origin of Funds

I, the undersigned, Signatory Name, holder of ☐ Hong Kong Identity Card No. HKID No. / ☐ Passport No. Passport No. (issuing country or region Issuing Country), being a ☐ Director / ☐ Member / ☐ Beneficial Owner / ☐ Authorised Person of Company Name (Company Registration No. CR No.), do hereby attest, affirm and state as follows:

1. I make this Declaration in connection with any transaction relating to the professional services. I have appointed, or will appoint, Chinglink Business Limited together with any of its affiliated companies, entities, shareholders or employees to act as my agent and/or in a professional capacity in respect of those services (any company, entity or person so involved being referred to as “the Agent”).
2. In view of any monies in connection with the professional services, I have agreed to make this Declaration to satisfy the Agent and its legal advisers as to various matters concerning the origin of those monies. In particular, I hereby confirm and verify that any funds received by, or in any way held by, the Agent in connection with the professional services are, to my knowledge, information and belief, of non-criminal origin and are not derived from tax evasion or tax fraud or other fraudulent practices with respect to section 82 of the Inland Revenue Ordinance (Cap. 112) of Hong Kong or the revenue laws of any governmental authority. I also confirm and verify that the monies which form the basis of the professional services are derived from normal legitimate business activities. I further affirm that I have no record of criminal activity. I further undertake to notify the Agent in the event that any statement contained herein has become, or I believe may become, untrue.
3. I have read and understand the description of the Money Laundering and Terrorist Financing Control Memorandum attached hereto as Schedule A, and confirm and represent that none of the monies received by the Agent in connection with the professional services have been derived from any of the activities specified in that Memorandum.
4. I have read and understand that each of the Paragraphs 2 and 3 are separate and distinct.
5. Source of funds and source of wealth. I declare that the funds connected with the professional services, and my wealth, derive from the following:

   ☐ Employment income · ☐ Business income · ☐ Sale of assets · ☐ Investment returns · ☐ Inheritance or gift · ☐ Other

   Details:  

6. Terrorist financing, sanctions and proliferation financing. I confirm and declare that none of the funds are derived from, or will be used for, terrorist financing or any terrorist act, and that neither the funds nor I are involved in any contravention of the United Nations Sanctions Ordinance (Cap. 537), the United Nations (Anti-Terrorism Measures) Ordinance (Cap. 575), or the Weapons of Mass Destruction (Control of Provision of Services) Ordinance (Cap. 526); and that I am not a designated person or entity under any of them.
7. Continuing obligation. I undertake to notify the Agent in writing within fourteen (14) calendar days of any change to any matter stated in this Declaration, and to re-execute this Declaration on request at the Agent's annual review.
8. Personal data. I have read and understand the Personal Information Collection Statement set out in Schedule B, and I agree to its terms, including the screening, disclosure and record-keeping it describes.

I make this Declaration conscientiously believing the same to be true, this Date.

Signature:  
Name (in block letters): Signatory Name
HKID / Passport No.: HKID No. / Passport No.
Date: Date

Part 2 — Declaration of Non Politically Exposed Person

I, the undersigned, Signatory Name, holder of ☐ Hong Kong Identity Card No. HKID No. / ☐ Passport No. Passport No. (issuing country or region Issuing Country), being a ☐ Director / ☐ Member / ☐ Beneficial Owner / ☐ Authorised Person of Company Name (Company Registration No. CR No.), do hereby attest, affirm and state as follows:

I hereby declare that I am NOT any of the following:

1. a person against whom a bankruptcy order or an interim order has effect or in respect of whom a bankruptcy restrictions undertaking is in place;
2. an undischarged bankrupt;
3. a politically exposed person as defined in section 1 of Part 1 of Schedule 2 to the Anti-Money Laundering and Counter-Terrorist Financing Ordinance (Cap. 615) (“the AMLO”), being any of a non-Hong Kong PEP, a former non-Hong Kong PEP, a Hong Kong PEP, an international organisation PEP, or a family member or close associate of any of them. These are defined as follows:
   1. Non-Hong Kong PEP — an individual who is or has been entrusted with a prominent public function in a place outside Hong Kong, and
      1. includes a head of state, head of government, senior politician, senior government, judicial or military official, senior executive of a state-owned corporation and an important political party official; but
      2. does not include a middle-ranking or more junior official of any of the categories mentioned in subparagraph (i) above;
   2. Former non-Hong Kong PEP — an individual who, being a non-Hong Kong PEP, has been but is not currently entrusted with a prominent public function in a place outside Hong Kong;
   3. Hong Kong PEP — an individual who is or has been entrusted with a prominent public function in Hong Kong, including a head of government, senior politician, senior government or judicial official, senior executive of a government-owned corporation and an important political party official; but not a middle-ranking or more junior official;
   4. International organisation PEP — an individual who is or has been entrusted with a prominent function by an international organisation, including members of senior management (directors, deputy directors and members of the board or equivalent functions); but not a middle-ranking or more junior official;
   5. a spouse, partner, child or parent of an individual falling within any of (a) to (d) above, or a spouse or partner of a child of such an individual; or
   6. a close associate of an individual falling within any of (a) to (d) above, meaning an individual who has close business relations with that person (including an individual who is a beneficial owner of a legal person or trust of which that person is also a beneficial owner), or an individual who is the beneficial owner of a legal person or trust set up for the benefit of that person.
4. a “politically exposed person” as defined in the FATF Recommendations, including foreign PEPs, domestic PEPs and international organisation PEPs;
5. a person or entity designated under the United Nations Sanctions Ordinance (Cap. 537), the United Nations (Anti-Terrorism Measures) Ordinance (Cap. 575), or any other applicable sanctions regime, or a person or entity acting on behalf of, or owned or controlled by, any such person or entity.

If any of the above applies to me, tick this box and give details: ☐

Details:  

I understand that a false declaration may result in the Company declining or terminating its services.

Personal data. I have read and understand the Personal Information Collection Statement set out in Schedule B, and I agree to its terms.

I make this Declaration conscientiously believing the same to be true, this Date.

Signature:  
Name (in block letters): Signatory Name
HKID / Passport No.: HKID No. / Passport No.
Date: Date

Schedule A — Money Laundering and Terrorist Financing Control Memorandum

The activities specified in the annexed Declaration are acts that constitute, or would constitute, the following offences — including conduct outside Hong Kong which would constitute such an offence if it had occurred in Hong Kong:

1. Proceeds of drug trafficking. Dealing with property that a person knows, or has reasonable grounds to believe, in whole or in part and directly or indirectly represents any person's proceeds of drug trafficking — an offence under section 25 of the Drug Trafficking (Recovery of Proceeds) Ordinance (Cap. 405).
2. Proceeds of an indictable offence. Dealing with property that a person knows, or has reasonable grounds to believe, in whole or in part and directly or indirectly represents any person's proceeds of an indictable offence — an offence under section 25 of the Organized and Serious Crimes Ordinance (Cap. 455). Indictable offences include fraud, use of a false instrument, theft, corruption and bribery, tax evasion, forgery, infringement of intellectual property rights, smuggling and organised crime.
3. Terrorist financing. Providing or collecting property with the intention or knowledge that it will be used to commit a terrorist act, or making property or financial services available directly or indirectly to a terrorist or terrorist associate — offences under the United Nations (Anti-Terrorism Measures) Ordinance (Cap. 575).
4. Sanctions and proliferation financing. Making available, directly or indirectly, any funds, other financial assets or economic resources to or for the benefit of a person or entity designated under the United Nations Sanctions Ordinance (Cap. 537), or to persons acting on their behalf or entities they own or control; or providing services in contravention of the Weapons of Mass Destruction (Control of Provision of Services) Ordinance (Cap. 526).

Schedule B — Personal Information Collection Statement

I understand that my personal data is collected in order to discharge customer due diligence, ongoing monitoring and record-keeping obligations under the Anti-Money Laundering and Counter-Terrorist Financing Ordinance (Cap. 615). Provision is obligatory; without it the Agent cannot establish or maintain a business relationship.

I consent to the Agent screening me against sanctions lists, PEP sources and adverse media, and to disclosure where required by law or requested by law enforcement or regulators. The data will be retained for at least five years after the business relationship ends.

I have the right to request access to and correction of my personal data by contacting the Agent at [email protected]. See also our Privacy Policy.