Step 1 of 15 6.66%

Company Details

Company Registered Contact Details

Business Details

Description of Material to be Deposited

Estimated Average Purity of Metal

Main Suppliers

Bank Information

Management Structure

Board of Directors

Top Management

Ultimate Beneficial Owners (UBOs) (owns 25% of the company’s shares or more)

Authorized Signatories

The persons named below are authorized to represent the company in its business relationship with International Precious Metal Refiners (IPMR) without restrictions. They are authorized to operate accounts and safekeeping accounts in the company’s name, enter obligations on buying & selling of bullion, issuing payment order, placement of overnight/ GTC order for bullion, authority to sign consignment agreement for bullion and other instruments on behalf of the company. Regardless of any changes published in the commercial register and in case of death or loss of capacity to act of the proprietor of a sole proprietorship, the signatures below and the corresponding signatory and representative rights are valid until revoked by special written notice to IPMR.

Beneficial Owner Declaration

The client named above declares that the person(s) listed below is / are the beneficial owner(s) of the assets deposited under the above relationship.

KYC Questionnaire

Responsible Precious Metal Supply Chain Policy

Anti-Money Laundering (AML) – Combating Financial Terrorism (CFT)

Anti-Bribery & Corruption Policy

Transaction Monitoring

Regulatory Environment

General Terms and Conditions

Legal Proceedings

Declaration

By signing this form by the hereby I declare that the information provided is true and that all documents submitted along with the application are genuine. Further I hereby undertake to promptly inform IPMR in writing of any changes in the information provided herein and agree that IPMR is neither responsible nor liable for any losses or activity performed based on the information provided. I also agree to provide any additional information or documentation that may be required from time to time by IPMR or its authorized agents and representatives.

Responsible sourcing of Precious Metals:
I/We hereby acknowledge that we received from IPMR its Supply Chain Policy and the guidance listed below and we undertake to review it thoroughly and to comply with its provisions:

  1. OECD Due Diligence Guidance for Responsible Chains of Minerals from Conflict-Affected and High-Risk areas
  2. EBC-Rules for Risk Based Due Diligence in the Gold Supply Chain
  3. Code of Ethics (Supplier/Customer)
  4. The Ten Principles of the UN Global Compact

I /We confirm that we are observing and complying with local and international laws, rules, and regulations, including those covering the illicit trade in the precious metals and the United Nation Security Council Sanctions. Also, we hereby undertake that our sources of precious metals are free from conflict financing, criminal funding, worst forms of child labor and human rights abuses.

I/ We understand that by working with IPMR, we may be requested to provide supply chain information and documentation for due diligence purposes and failure to cooperate may cause IPMR to refuse a transaction or supplier as required by the above -mentioned guidance.

I declare that I have read and understood all Terms & Condition as mentioned in the account opening form.

I am fully aware that IPMR on its own discretion has the right to conduct an enhanced due diligence and gather more related information and data in case of any red flag has been identified at any point of time in accordance with the OECD Due Diligence Guidance mentioned above.

HUMAN RIGHTS ENHANCED DUE DILIGENCE (EDD) QUESTIONNAIRE

The mentioned questionnaire is an integral part of the Account Opening kit with IPMR. It serves as a crucial element in the conduct of our internal risk assessment process.

Kindly complete the below:

Human Rights Risk Factor (Please Select Yes or No)

I hereby the below signatory confirms that above details are correct and valid.

The Human Rights Questionnaire is completed by:

Supplier & Customer Code of Ethics

INTERNATIONAL PRECIOUS METALS REFINERS

SUPPLIER AND CUSTOMERS CODE OF ETHICS

V.07.2024


Introduction

The Suppliers and Customers Code of Ethics applies equally to and is fully observed by International Precious Metal Refiners (IPMR) branches in Abu Dhabi, Sharjah, and Dubai. Any reference to “IPMR” in this document refers equally to each of the above companies.

1. Purpose

This Standard governs the conduct of all Suppliers of all types and forms of precious metals and/ or products to “IPMR”.

This Standard governs the conduct of all Customers buying any product from IPMR.

It sets the standards of ethical conduct that is required from the supplier community, provides for selfcertification against all standards, validation of the self-certification, and procedures for proceeding or terminating contracts with suppliers that do not meet these standards.

2. Application

Social responsibility guides the operation of “IPMR” in the conduct of its business in the global precious metals industry. This Standard has been designed to help Suppliers and/ or buyers, understand their responsibilities and to create an awareness of the business and ethical standards that they must follow in their business dealings with “IPMR”. The key attributes expected from Suppliers and/ or Customers are:

  • Integrity
  • Transparency
  • Honesty and
  • The Highest Ethical Standards

3. Definitions

For the purpose, of this document the below are defined

Suppliers: Parties that source any kind of metal to IPMR (Gold, Silver, Platinum, and Palladium). Parties that source any kind of chemicals or any other element that is used in the refining process.

Customer: Parties that initiate a business relationship with IPMR to buy our products and not sourcing any metal to IPMR.

4. Administration and Interpretation

Enquiries, comments, and recommendations related to this Standard and supporting Procedures must be communicated to the Compliance Officer of “IPMR”.
Definitions applicable to the understanding and application of the requirements contained in this Standard located in Appendix A, Appendix B, Appendix C, and Appendix D.
Suppliers and/or customers must read, understand, and accept in writing the following conditions of dealing with “IPMR”.

5. Compliance with Laws

Suppliers and/or customers must comply with all applicable laws, rules, and regulations in every jurisdiction in which they do business with “IPMR”. Local laws might change in restriction to this Standard in some instances. In such events, Suppliers and/or are expected to comply with this Standard, even if the conduct would otherwise be legal under applicable laws. If local laws are more restrictive than this Standard, Suppliers and/or Customers are expected to, at a minimum, comply with applicable local laws.

UN Global Compact (see Appendix A) The ten principles of the Global Compact are based on internationally recognized norms and conventions in four critical areas: Human Rights, labor related standards, the Environment, and Anti-corruption. In all business dealings with “IPMR”, Suppliers and/or customers must comply with the principles of the UN Global Compact (see appendix A for reference). UN principles apply to customers when dealing with IPMR and other downstream parties.

MOE Due Diligence Regulations for Responsible Sourcing of Gold (see Appendix B). The Regulations aim to inform the regulated Entities of the measures to be adopted in relation to responsible sourcing of gold from CAHRAs as part of their overall AML/CFT controls framework. Regulated Entities must comply with all sections of the Regulations and should incorporate the requirements into their broader AML/CFT policy and procedures. The Regulated Entities should also inform themselves of the scope and application of all applicable AML/CFT Legislation targeted at DNFBPs. Regulated Entities should apply Due Diligence proportionally to its identified risk in the business activities and to those involved in its gold Supply Chains.

OECD Due Diligence Guidance for Responsible Sourcing of Minerals from CAHRAs (see Appendix C). In 2012 the OECD issued a “Supplement on Gold” to its paper on Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Area. It sets the framework on conducting due diligence and developing a risk management framework for responsible supply chain management of gold and precious metals when sourcing from conflict-affected and high -risk areas. The guidance provides a common reference for all actors in the supply chain on a step-by- step basis to ensure responsible sourcing and chain of custody of the gold and precious metals and to eliminate the risk of direct or indirect support to any kind of conflict in accordance with international standards. (See Appendix C for reference).

Emirates Bullion Market Committee Rules for Risk Based Due Diligence in the Gold Supply Chain (see Appendix D) The Rules for RBDG follow the 5-step framework for risk- based due diligence for responsible supply chain of minerals from conflict-affected and high -risk areas.

The Regulations apply to all regulated entities established and / or operating in the territory of the UAE and all commercial free zones and the members of their boards of directors, management and all employees.

6. Certification process applies to Metal suppliers and Customers (buying IPMR products)

“IPMR” will certify and approve suppliers and accept their products once the supplier has passed our internal (Risk Based Approach RBA) risk assessment process. All collected information and data is reviewed and analyzed by the IPMR compliance team. Post certification, the supplier and/ or becomes a nominated entity to enter any deal with “IPMR” whenever required. The certification will occur at the outset of the relationship with the supplier and / or the customer and will be an on-going process and subject to frequent review in accordance with the level of risk involved in accordance with IPMR internal policies. “IPMR” has the right, but not the obligation, at its sole discretion to terminate the business relationship at any point if the standards required are not met by the supplier and/ or the customer for any business’s related reasons. At the time of any termination for the business relationship with the supplier and/ or the customer, “IPMR” will decide at its sole discretion whether to disclose the reasons for any such action or not.

7. Certification process applies to Chemicals suppliers.

“IPMR” will certify and approve chemical and other elements suppliers and accept their products once they satisfy IPMR internal requirements. All collected information and data is reviewed and analyzed by the IPMR compliance team. Post certification, the supplier becomes a registered entity to provide IPMR with chemicals and or other elements used in the refining process whenever required. The certification will occur at the outset of the relationship with the supplier and will be an on-going process and subject to frequent review in accordance with the level of risk involved in accordance with IPMR internal policies. “IPMR” has the right, but not the obligation, at its sole discretion to terminate the business relationship at any point if the standards required are not met by the supplier for any business-related reasons. At the time of any termination for the business relationship with the supplier, “IPMR” will decide at its sole discretion whether to disclose the reasons for any such action or not.

APPENDICES

APPENDIX (A)

The Ten Principles of the UN Global Compact

The UN Global Compact's ten principles in the areas of human rights, labor, the environment and anticorruption enjoy universal consensus and are derived from:

  • The Universal Declaration of Human Rights
  • The International Labour Organization (ILO) Declaration on Fundamental Principles and Rights at Work
  • The Rio Declaration on Environment and Development
  • The United Nations Convention Against Corruption
The UN Global Compact asks companies to embrace, support and enact, within their sphere of influence, a set of core values in the areas of human rights, labor standards, the environment and anti-corruption:

Human Rights

Principle 1 Businesses should support and respect the protection of internationally proclaimed human rights and

Principle 2 Make sure that they are not complicit in human rights abuses.

Labor

Principle 3 Businesses should uphold the freedom of association and the effective recognition of the right to collective bargaining.

Principle 4 The elimination of all forms of forced and compulsory labor

Principle 5 The effective abolition of child labor and

Principle 6 The elimination of discrimination in respect of employment and occupation

Environment

Principle 7 Businesses should support a precautionary approach to environmental Challenges.

Principle 8 Undertake initiatives to promote greater environmental responsibility; and

Principle 9 Encourage the development and diffusion of environmentally friendly technologies.

Anti-Corruption

Principle 10 Businesses should work against corruption in all its forms, including extortion and bribery.

APPENDIX (B)

The Ministry of Economy Due Diligence for Responsible Sourcing of Gold

MOE Due Diligence Regulations for Responsible Sourcing of Gold, is based on the OECD guidance for responsible sourcing of minerals from CAHRAs, it sets out a step-by-step framework for risk based due diligence in the gold and precious metals supply, a summary of the key aspects is set out below:

STEP 1: ESTABLISHING AN EFFECTIVE GOVERNANCE FRAMEWORK

Companies involved in the responsible sourcing of gold are expected to establish a robust governance framework based on the OECD Guidance for Responsible Sourcing of Minerals from Conflict-Affected and High-Risk Areas (CAHRAs). The key requirements are outlined below.

1.1 Adopt and commit to a policy for gold supply chain due diligence.

A company adopts a documented gold supply chain policy that incorporates the risks and risk measures. The policy and supporting procedures should include details on the Gold Supply Chain Due Diligence which the company will assess itself and activities, and relationships of suppliers.

1.2 Establish management structure to support supply chain due diligence.

Regulated Entities must establish an internal governance system to effectively implement and maintain a Supply Chain Due Diligence program on an ongoing basis.

1.3 Establish system for transparency, information sharing and control on gold supply chain

Regulated Entities must document the Supply Chain Due Diligence findings and information in a systematic way which ensures visibility on the entire Supply Chain of gold. Regulated Entities should conduct Due Diligence on immediate counterparty in a

1.4 Strengthen the company engagement with gold supplying counterparties

Regulated Entities should build long-term relationships with suppliers and should make their suppliers commit to a Supply Chain policy consistent with the Regulations and Appendix II of the OECD Guidance. This should be achieved by the following:

  1. 1.4.1 Communicating the expectations of the refiners to the supplier on due diligence for responsible Supply Chains of gold from CAHRA. This should be done by requiring the supplier to commit to the refiner’s gold Supply Chain policy; or through supplier’s own policy
  2. 1.4.2 Sharing the AML/CFT Legislation, the Regulations, OECD Guidance, and Gold Supplement with all suppliers.
  3. 1.4.3 Incorporating the Supply Chain policy in line with the subject Regulations into commercial contracts and/or written agreements with suppliers which will be legally binding.
  4. 1.4.4 Supporting suppliers through capacity building measures and information sharing to improve Supply Chain practices of suppliers and other parties in the Supply Chain.

1.5 Establish a confidential grievance mechanism.

Regulated Entities must implement a grievance mechanism through which the employees or other stakeholders in the Supply Chain should be able to raise concerns related to sourcing or trading of gold from a CAHRA. The mechanism should ensure that: a. employees or other stakeholders are enabled to report any misconduct, or an improper state or circumstances in a secured way that protects the identity and from criminal and administrative liabilities.

STEP 2: IDENTIFICATION AND ASSESMENT OF THE SUPPLY CHAIN RISK

2.1 Conduct Supply Chain due diligence to identify potential risks.

Regulated Entities must identify and assess the risks in the Supply Chain to carry out required due diligence. Due diligence must be undertaken before entering into a new business relationship with a supplier and should be carried out on an ongoing basis. Conducting risk assessment will help to tailor the due diligence according to the risks identified. Where high risk Supply Chain is identified, enhanced due diligence measures should be taken to mitigate the risks.

The risk assessment should be carried out using risk factors as below:

  • Counterparty Risk Factors
  • Geographical Risk Factors
  • Transaction Risk Factors
  • Product Risk Factors
  • Delivery Channel Risk Factors

2.2 Identify red flags/ high risk indicators in the gold supply chain.

Regulated Entities should identify the potential red flags in a Supply Chain of gold. Red flags can be broadly categorized as below:

  • Location Based Red Flags
  • Supplier Based Red Flags
  • Circumstances Based Red Flags

2.3 Undertake enhanced Due diligence measures for high-risk Supply Chain.

If there are high-risk elements or red flags identified in the Supply Chain or unknown information, Regulated Entities should conduct EDD measures prior to engaging with such suppliers.
EDD consists of site visits, desk- based reviews, and reviewing of sample transactions of suppliers on an ongoing basis.
EDD for high-risk relationships should be carried out during the establishment of relationship and on an ongoing basis (at least on bi-annual basis).

STEP 3: MANAGEMENT OF THE SUPPLY CHAIN RISK

Regulated Entities should evaluate and respond to identified risks through EDD to mitigate the identified risks. The following steps are minimum expected to mitigate the risks identified. Regulated Entities are encouraged to consider the potential social and economic impacts of risk mitigation measures adopted by them. A risk management plan should be subject to continuous review based on changes in circumstances related to business, operations or supply base, risk nature, or a major change in applicable rules and regulations.

3.1 Devise a risk management strategy for the identified risk.

According to the risks identified as per procedures in Step 2 of this document, Regulated Entities should adopt a risk appetite approach which should establish the methods of risk treatment as below. A Risk appetite policy should be part of the overall Supply Chain risk policy.

  • Establish or continue: Based on the documents and information gathered through EDD, Regulated Entities may establish or continue existing relationships if it assesses that the supplier is managing the risks to a reasonable extent.
  • Suspend: If EDD concludes that there is a founded suspicion of Money Laundering, Terrorist Financing, human rights abuses, environmental degradation direct or indirect support to illegitimate non state armed groups, fraudulent misrepresentation of origin of goods, the Regulated Entity should suspend engagement with such supply chain till risk mitigation measures are adequately completed.
  • Terminate: Upon identifying instances of Money Laundering and Terrorist financing, human rights abuse and support to armed conflicts, Regulated Entities should immediately terminate its relationship with the supplier. During such instances, the Regulated Entity should submit an appropriate report to the FIU

3.2 Risk Control Plan

Regulated Entities that adopt an ‘Establish/Continue’ or ‘Suspend’ approach, shall adopt a Risk Control Plan which should include, at minimum:

  • Reporting mechanisms for identified risks to the senior management.
  • Enhanced engagement with suppliers through establishing a Chain of Custody and/or traceability system where a red flag has been identified.
  • Enhancement of the physical security practices.
  • Physical segregation and security of shipments where a red flag has been identified.
  • An agreement with the supplier which facilitates timely and accurate provision of additional information related to supply chain with identified risks.
  • Disengaging with suppliers for at least 3 months, when they fail to comply with the mitigating controls within a period of 6 months, and/or disengaging entirely if such controls are not feasible and/or unacceptable in the light of the cost-benefit analysis and the capabilities of the Regulated Entities conducting the due diligence.
  • Reviewing on a regular basis the results of the mitigation measures, undertaking additional fact & risk assessments for identified risks requiring mitigation or after a change of circumstances.

3.3 Continuous Monitoring

Continuous Monitoring Supply Chain Due Diligence is a dynamic process and requires ongoing risk monitoring. After implementing a Risk Control Plan Any changes in the Supply Chain may require the Regulated Entity to repeat some due diligence steps to ensure effective monitoring of risk.

3.4 Senior Management Reporting

The identified risks in the Supply Chain and Risk Control Plan should be reported to a Regulated Entity’s board of directors (or equivalent) and senior management on periodic basis (at least every 3 months). The report should include counterparties identified as high-risk and the respective Risk Control Plan

STEP 4: INDEPENDENT THIRD-PARTY AUDIT OF DUE -DILIGENCE

Regulated Entity’s compliance with the Regulations will be subject to annual independent third-party audit by an accredited Reviewer as stipulated in the Review Protocol (ANNEX I). Review of a Regulated Entity’s Supply Chain Due Diligence framework should be carried out by an approved Reviewer and should be arranged at the Regulated Entity’s own cost.

4.1 Audit Plan

Regulated Entities should plan the audit in line with the Regulations and consider the below elements.

  • Audit scope: the audit scope should include all the major elements of a Supply Chain Due Diligence framework as outlined in the Regulations. These are Supply Chain Due Diligence policy and procedures, the processes and systems, Supply Chain risk assessment and risk mitigating measures, supplier engagement details, chain of custody, and other traceability information.
  • Audit criteria: The audit should determine the conformity of the implementation of a Regulated Entity’s Supply Chain Due Diligence framework against an audit standard that is based on the Regulations. This should also determine conformity to and compliance with the Regulations in all communications with participants across the entire Supply Chain.
  • Audit principles: The Reviewer organization and all of its members must be independent from the Regulated Entity as well as from the Regulated Entity’s subsidiaries, licensees, contractors, and suppliers.
  • Competence: Reviewers should be competent enough to conduct the review efficiently.
  • Accountability: List of accredited Reviewers shall be published on the MoE’s website.
  • The Audit activities must cover audit preparation that covers the objectives, scope, language, and criteria.
  • Onsite investigation: The reviewers must conduct onsite investigations and gather evidence and verify information by conducting interviews with management, making observations; The review should include visits of all sites where the Regulated Entity carries out business and should thoroughly review sample from suppliers of Regulated Entities.
  • Document Review: Sample documents gathered during the review i.e., documents retained as part of a Regulated Entity’s Supply Chain Due Diligence framework.
  • Audit Conclusions: Reviewers should generate audit findings based on the evidence gathered with the audit standard that is consistent with the recommendations of this section of the Regulations. Auditors should also make recommendations in the audit report for the Regulated Entity to improve their due diligence practices.
  • The Report should also be published in line with step 5 of the MOE Due Diligence Regulations for Responsible Sourcing of Gold.

4.2 Audit implementation.

Audit should be implemented in accordance with the audit scope, criteria, principles, and activities as documented in Step 4 of the MOE Regulations. Regulated Entities should co-ordinate the relevant stakeholders to carry out audits in line with recommended audit standard as set out in this document.

STEP 5: ANNUAL REPORTING ON DUE-DILIGENCE

Regulated Entities should submit all audit reports stipulated under section 12 of ANNEX I to the MoE on an annual basis. The Comprehensive Management Report issued by the Reviewer should consist of the following elements at a minimum.

5.1 Management systems

The Regulated Entities Comprehensive Management Report should include the management systems requirements as set out in Step 1 of the Regulations. The Comprehensive Management Report should include: The Regulated Entity’s management structure, roles and responsibilities with regard to Supply Chain Due Diligence.

  • Policy & procedures.
  • KYC & information collection procedures.
  • Database & record keeping system.
  • Procedures for identification and verification of all counterparties in the Supply Chain system.

5.2 Risk Assessment

Regulated Entities should include in their Comprehensive Management Report the risk assessment procedures (Step 2). In particular, Regulated Entities should include:

  • How the red flags are identified,
  • Details of the red flags identified.
  • Describe the steps taken to map the factual circumstances of those red flag operations and red flagged Supply.
  • Methods of assessment teams including collaboration with other stakeholders in the Supply Chain.
  • Actual or potential risks identified.

5.3 Risk Management

Risk Management Regulated Entities should include, in their Comprehensive Management Report, the risk management procedures (Step 3). In particular, Regulated Entities should include:

  • The internal controls that would have assisted in gathering required information on red flagged Supply Chain.
  • Describe the steps taken to manage risks, including a risk strategy for risk mitigation, procedures, and mechanism in place to monitor remediation activities.
  • Details of actions taken as part of risk mitigation (number of instances where a Regulated Entity has
  • decided to continue, suspend or terminate relationships) without disclosing the identity of those suppliers, except where law allow to do so.

APPENDIX (C)

OECD Guidance for Responsible Supply Chain Management of Gold and Other Precious Metals from CAHRAs

In 2012 The Organization for Economic Co-operation and Development (OECD) issued a “Supplement on Gold” to its paper on Due Diligence Guidance for Responsible Supply Chains of Minerals from ConflictAffected and High-Risk Areas. It sets guidelines on conducting due diligence and developing a risk management framework for responsible supply chain management of gold and precious metals when sourcing from conflictaffected and high- risk areas. The guidance provides a common reference for all actors in the supply chain on a step-by-step basis to ensure responsible sourcing and chain of custody of the gold and precious metals and to eliminate the risk of direct or indirect support to any kind of conflict in accordance with international standards

“IPMR” has adopted these rules and it is the responsibility of everyone involved in the global precious metals business, including our suppliers, to fully understand these OECD rules to ensure that they are in full compliance with the principals of responsible supply chain management of precious metals.

While supplies from those refineries that hold an international accreditation such as the London Bullion Market Good Delivery or the UAE Good Delivery standards can be categorized as low risk in as much as they have to adopt and follow the MOE/OECD rules in order to obtain and retain their approval status, nevertheless the rules below do apply to all supplies of precious metals, particularly gold with its high value and geographic locations of production in possible high -risk areas.

A. A company must ensure that robust systems are in place in the gold and precious metals supply chain to ensure that its conducts effective due diligence on the supply chain.

  • A company must assign a dedicated compliance or risk officer with the following conditions:
  • The Compliance Officer should be a senior staff member; and should have the necessary competence, knowledge, experience and training in supply chain due diligence; and must be equipped with the necessary resources to perform the relevant duties and be able to communicate critical information to top management, staff and suppliers.

B. A company must ensure that adequate documentation, records of supply chain and due diligence are maintained which should include the following:

  • Physical form, type and physical description of gold and precious metals including any Imprints and/or hallmarks.
  • Weight and assay of gold and precious metals after proper own verification and/or through third party verification.
  • Full KYC due diligence of all suppliers including their due diligence practices, which need to conform to international standards. The KYC form should also include the company’s suppliers and locations.
  • Unique reference number for each entry/input and exit/output.
  • Name, stamp, and logo of refiner/producer/manufacturer (if applicable).
  • Year of refining/production (if applicable).
  • Dates of purchases and sales.
  • Inventory list classified as per supplier

All documentation should be kept for at least five years and we must have a mechanism for tracing products back to the origin of the purchased material, known as ‘Track and Trace’. Documents should include the following:

  • Shipping/transportation documentation.
  • Sales documents with specific lot numbers.
  • Mining license and related permissions.
  • Import/export licenses and forms

C. A company must ensure that we have strong relationships with suppliers through the following:

  • Maintaining adequate KYC due diligence process for suppliers including reviewing suppliers’ own due diligence practices.
  • Establishing long-term relationships.
  • Sharing with suppliers the EBC/MOE/ OECD guidance and acknowledging the receipt and compliance of the suppliers with the EBC /MOE/ OECD rules.

D. A company must conduct regular training for all Staff involved in the responsible supply chain process.

This includes initial training for new staff and refresher sessions for existing staff based on the level of risks and job profiles in engaging with the supply chain participants.

E. A company must Identify and assess the risks in the supply chain.

The objective of this is for companies in the supply chain to identify and assess the risks associated with gold and precious metals, which they either: produce, distribute, transport, export or purchase. A company must conduct a risk-based assessment on each party included in the supply chain from the mines including suppliers, exporters and transporters of newly mined, or recycled gold and precious metals. Factors to take into consideration for conducting the risk assessments are as follows:

The geographical location of gold and precious metals supply:

  • Origin and transportation.
  • The level of government regulation and supervision in the country of origin.
  • The extent of cash transactions used in the country of origin.
  • The level of conflicts or human rights abuses in the country of origin.
  • Payment systems used in the country of origin. I.e. formal banking versus informal systems such as money exchanges and ‘Hawalas’.
  • Level of involvement of criminal organizations in the country of origin.
  • Level of high-risk businesses (such as gaming and casino, etc.) in the country of origin.
  • Level of access from a country to nearby markets or processing operations that are termed as conflict and/or high-risk areas.
  • Level of enforcement of laws addressing significant criminal activity in the country of origin.
  • Existence of sanctions and/or embargoes that have been directed against the country and individuals/entities in that country.

When assessing counterparty risk in the supply chain a company should focus on the following:

  • KYC information of the company’s suppliers, which should include information about the origin and transportation of the gold and precious metals.
  • Red flags (obvious high risks) in any aspect of the entire supply chain.
  • Number of suppliers i.e. the greater, the higher the risk.
  • Level of control that the counterparty has over its suppliers.
  • Level and adequacy of due diligence practices of the counterparty.
  • Whether the counterparty has due diligence practices that have been audited by a qualified third-party auditor.
  • How long the counterparty has been in the gold and precious metals business (longer = lower risk).
  • No indication and/or disclosure of beneficial owners of the counterparty.
  • Seeking anonymity by intermediating third parties such as lawyers, accountants, etc.
  • Scale of mining operations of the supplier, if applicable.
  • Politically exposed persons that have been entrusted with prominent public functions or individuals who are closely related to such persons.

When assessing transaction risk in the supply chain a company should focus on the following:

  • Due diligence should be proportional to the value of the transaction.
  • Gold and precious metals that are transited and/or exported which are not reasonably reconciled with the declared location of the origin.
  • Unexplained geographic distance in the supply chain.
  • Melted recyclable gold and precious metals is higher in risk than unprocessed recyclable gold and precious metals.
  • Unusual circumstances which are not consistent with the local practices (amount, quality, potential profit, level of discount etc.).
  • Use of cash in excess of government thresholds.
  • Payment by cash and/or physical delivery to unrelated third parties.
  • Structuring to make payments in smaller multiple transactions to avoid the government thresholds.

F. A company should adopt a system of red flags (high risk warnings) with respect to the location of supply, the nature of the suppliers, and circumstances of the supply with an in -depth review of any supply that raises a red flag.
Location-based red flags of gold and precious metals related to origin and transportation include the following:

  • The gold and precious metals originate from or have been transported through a conflict-affected or high-risk area.
  • The gold and precious metals are claimed to originate from a country that has limited known reserves or stocks, likely resources or expected production levels of gold and precious metals (i.e. the declared volumes of gold and precious metals from that country are in excess of its known reserves and/or expected production levels).
  • The gold and precious metals are claimed to originate from recyclable/scrap or mixed sources and has been refined in a country where gold and precious metals from conflict-affected or high-risk areas is known or reasonably suspected to transit.

In each of these location-based red flag considerations, the risk is increased when anti-money laundering laws, anti-corruption laws, customs controls and other relevant government laws are weakly or not enforced, where informal banking systems operate, and when cash is extensively used.

Supplier-based red flags include the following:

  • Suppliers or other known upstream companies operate in one of the red-flagged locations of gold and precious metals’ origin and transportation or have shareholder(s) or other interests in suppliers of gold and precious metals from one of the above-mentioned red flag locations of gold and precious metals’ origin and transportation.
  • Suppliers or other known upstream companies are known to have sourced gold and precious metals from a red flagged location of gold and precious metals origin and transit in the last 12 months.
  • Circumstances-based red flags include the following:

    • Anomalies or unusual circumstances that are identified through the information collected in the KYC process give rise to reasonable suspicion that the gold and precious metals may contribute to conflict or serious abuses associated with the extraction, transportation of and/or trading in gold and precious metals.

    A company should conduct enhanced research on red-flagged suppliers prior to engaging with them, which would include some or all the below mentioned research methods based on the outcome of the risk assessments and the pertinent cost-benefit analysis in proportion to the level of the risks identified:

    Desk research:

    • Identify each company in the supply chain.
    • Identify the beneficial owner(s) of each company in the supply chain.
    • Obtain financial information on each company in the supply chain.
    • Ensure that each company in the supply chain holds the necessary permits and licenses.
    • Ensure that each company in the supply chain is not listed on any sanctions and/or embargoes list

    On-site visits to gold and precious metals suppliers and/or keeping independent or joint on-theground assessment teams to generate and maintain information on the circumstances and processes of the following activities:

    • Gold and precious metals extraction (physical access to mines, mine capacity against recorded mine production and discrepancies)
    • Gold and precious metals processing (consolidation, blending, crushing, milling, smelting, refining, etc. and recording any discrepancies in the processing and/or production and related capacity of the facility to perform relevant activities)
    • Handling of gold and precious metals (inventory, trans-shipment, relabeling, etc.)
    • Transportation of gold and precious metals
    • The weight and assayed quality characteristics of the gold and precious metals that are used in the above activities.

G. A company should develop and implement a risk mitigation/control plan with the objective of controlling the identified risk(s) to mitigate any adverse implications.

This policy should include the following:

  • A reporting mechanism for risks identified to company’s senior management and the concerned compliance or risk (or supply chain) officers.
  • Enhanced engagement with suppliers through establishing a chain of custody and/or traceability system from a red-flagged supply chain.
  • Enhancing the physical security practices.
  • Physically segregating and securing shipments from a red-flagged supply chain, avoid co-mingling supplies from a red flag area or supplier with those from a low- risk geographic area and/or an accredited refinery.

APPENDIX (D)

Emirates Bullion Market Committee Rules for Risk Based DD

EMIRATES Bullion Market COMMITTEE Rules for Risk Based Due Diligence in the Gold Supply chain the mentioned rules follow the 5-Step framework for risk- based due diligence of the OECD Due Diligence Guidance for responsible Supply Chain of Minerals from conflict-affected and high- risk areas. As elaborated in appendix ( ) and as summarized below

RULE 1. SUPPLY CHAIN MANAGEMENT SYSTEMS

Each member conducts business in the supply chain relating to mined gold and recycled gold must implement and maintain systems and procedures which are sufficiently robust to effective due diligence on the member’s supply chain. The complexity of the management system should depend on the volumes of business, location, types of supplies processed, and complexity in the supply chain.

RULE 2. SUPPLY CHAIN RISK IDENTIFICATION AND ASSESSMENT

Each member conducts business in the supply chain relating to mined gold and recycled gold must be individually responsible for applying and implementing its policy and management system and mapping its supply chain in order to identify and assess the risks of contributing to conflict, Money Laundering, Terrorism Financing serious human rights abuses or environmental and social issues associated with gold which they produce, distribute, transport, export, sell, and/ or purchase. If the accredited member can reasonably determine on the basis of the information collected under Rule 1 that it does not deal with gold mined, transported or traded in a conflict-Affected and High- Risk Area, no additional due diligence is required. The management system should be maintained and regularly reviewed, each member is expected to improve its due diligence practices and risk assessments over time. If the accredited member is not able to reasonable determine on the basis of the information that it does not deal in gold mined, transported or traded in any of a Conflict-Affected and High-Risk area, it is mandatory to carry out an additional, more depth due diligence.

RULE 3. RISK CONTROL PLAN

Each member conducts business in the supply chain relating to mined gold and recycled gold must develop and control any identified risk (s), including emerging risks and incident reporting, and mitigate against any adverse implications of such risk(s). (Risk Control Plan). The Risk Control Plan is designed to assist the accredited member in making informed decisions in respect of:

a- Continuing to trade but with measurable risk mitigation for low -risk situations.
b- Temporarily suspending trade while mitigating is implemented for medium-risk situations.
c- Ceasing to trade with a concerned supplier for high-risk situations in accordance with the OECD Guidance.

Members are encouraged to consider the potential social and economic impacts of risk mitigation members should engage and support relevant industry programs while understanding the impact that this may have on developing countries and relevance to other existing international recognized standards.

RULE 4. INDEPENDENT THIRD-PARTY AUDITS

Each accredited member is required to ensure its own compliance with these RBDG and arranging at their own cost for this compliance to be reviewed by an independent third-party reviewer.

RULE 5. ANNUAL REPORTING ON RESPONSIBLE SUPPLY CHAIN DUE DILIGENCE

Each accredited member is required to publicly report annually on its supply chain due diligence in compliance with Step -5 of the OECD Guidance to generate public confidence in the measures that it has implemented.

Acknowledgement of the code of ethics by the Supplier and/or the customer