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FICA
FINANCIAL INTELLIGENCE CENTRE ACT
The world has changed. The increase in crime and terrorism has forced many countries to join together in an effort to control the scourge. Thanks to new legislation and international cooperation, the authorities are now hitting criminals where it hurts - in the wallet. Criminals and terrorists need cash to thrive. They turn the 'dirty' cash they make from fraud, drug trafficking, smuggling and robbery into 'clean' money by using false identities or using the names of innocent people like you. It's called 'money laundering', and not only is it costing countries billions a year, it is also providing the resources for international terrorism to grow. To stem the flow the government has now put into operation the Financial Intelligence Centre Act 38 of 2001.

In line with the new legislation all banks are required to introduce more stringent processes for the opening of new accounts. This means that, for us to comply with the law, we require you to provide us with additional proof of identity when opening a new bank account. This law also requires that your personal information should be updated regularly.

These procedures apply to, and must be implemented by, all banks.

Please select from the list below the entity that is applicable to you.

Individuals:

Legal entities (non-individuals):

 
FICA Requirements for Individuals

South African residents
The Financial Intelligence Centre Act 38 of 2001 (FICA) requires all banks to verify client information, including a client's identity and residential address.

American Express Foreign Exchange must obtain the following information from a South African resident:

  • full name(s);
  • date of birth;
  • identity number (if a South African citizen) or passport number and nationality (if a foreign citizen);
  • residential address; and
  • contact particulars.

For us to confirm your identity we require:

  • your green bar-coded identity document or, should your ID be lost or stolen, a sworn affidavit or police statement, proof of your reapplication for an ID from Home Affairs, and
  • your valid passport, or
  • your valid card-type driver's licence.

For us to verify your residential address you have to provide us with an approved document containing your name and physical address (PO Box numbers will not suffice), or stand number and suburb.

South African citizens resident overseas
The Financial Intelligence Centre Act 38 of 2001 (FICA) requires all banks to verify client information, including identity and residential addresses.

American Express Foreign Exchange must obtain the following information from a South African citizen:

  • full name(s);
    date of birth;
  • identity number (if a South African citizen) or passport number and nationality (if a foreign citizen);
  • residential address; and
  • contact particulars.

For us to verify your identity you have to provide us with a certified copy of:

  • your green bar-coded identity document; or
  • should your ID be unavailable, your valid passport.

For us to verify your residential address you have to provide us with an approved document containing your name and physical address (PO Box numbers will not suffice).

Non-South African citizens (foreigners) resident overseas
The Financial Intelligence Centre Act 38 of 2001 (FICA) requires all banks to verify client information, which includes identity.

American Express Foreign Exchange must obtain the following information from a non-South African citizen:

  • full name(s);
  • date of birth;
  • passport number and nationality;
  • residential address; and
  • contact particulars.

For us to verify these details you have to provide us with a certified copy of your valid passport together with your physical address and contact details.

Individuals acting on behalf of another individual
The Financial Intelligence Centre Act 38 of 2001 (FICA) requires all banks to verify client information.

American Express Foreign Exchange must obtain the following information for both the client and the individual authorised to act on the client's behalf:

  • full name(s);
  • date of birth;
  • green bar-code ID (SA citizens/Residents) or
  • passport number and nationality (non-SA Residents);
  • residential address; and
  • contact particulars.

For us to confirm their identities we require the following from SA residents:

  • The green bar-coded identity document or, should it be lost or stolen, a sworn affidavit or police statement, accompanied by proof of reapplication for an ID from Home Affairs, and:
  • a valid passport, or
  • a valid card-type driver's licence.

For non-SA residents, the following is required:

  • a valid passport.

For us to verify these details you have to provide us with a certified copy of your valid passport together with your physical address and contact details.

Proof of an individual's authority to act on behalf of a minor must be obtained by means of one of the following:

  • a document issued by a local, provincial or national government recognising such authority; or
  • a document issued by a court declaring or confirming such authority; and
  • the birth certificate or identity document of such minor

Proof of an individual's authority to act on behalf of the accountholder must be obtained by means of one of the following:

  • a letter of appointment; or
  • a power of attorney (if a document other than the bank's form is presented, authority must be verified and the document must be checked by Legal); or
  • a mandate; or
  • a written instruction; or
  • a resolution duly executed by authorised signatories; or
  • a court order authorising the third party to conduct business on behalf of another person.

In all instances other than a court order the written instruction should contain the contact particulars of the person/entity authorising the individual to establish the relationship with American Express Foreign Exchange.

 
FICA Requirements for Legal Entities

Partnerships
Professional partnerships

Professional partnerships are defined as partnerships that are registered under section 30(2) of the Companies Act 61 of 1973 (see list below) and have more than 20 partners. Limited information regarding the identification and verification of these partnerships is required.

Gazetted professional partnerships
The following professional partnerships, formed by the persons mentioned, have been gazetted in the South African Government Gazette and are therefore recognised by American Express Foreign Exchange:

  • Public accountants or auditors, designated by Government Notice No R54 of 11 January 1974.
  • Attorneys, notaries and conveyancers, designated by Government Notice No R57 of 11 January 1974.
  • Professional engineers, designated by Government Notice No R1813 of 26 September 1975.
  • Quantity surveyors, designated by Government Notice No R2391 of 19 December 1975.
  • Pharmacists, designated by Government Notice No R1194 of 13 June 1980.
  • Stockbrokers, designated by Government Notice No R89 of 22 January 1982.
  • Architects, designated by Government Notice No R2398 of 23 October 1987.
  • Medical practitioners, dentists or psychologists or a supplementary health service profession contemplated in section 32 of the Medical, Dental and Supplementary Health Service Professions Act 56 of 1974, designated by Government Notice No R1272 of 2 August 1996.

Information to be obtained
American Express Foreign Exchange must obtain:

  • the name of the partnership;
  • a written declaration that the partnership is a professional partnership;
  • the type of partnership; and
  • proof of registration with the professional body.

Individuals associated with a partnership
The following individuals associated with the partnership have to be identified:

  • the individual exercising executive control;
  • any individual purporting to act on behalf of the partnership;
  • any individual authorised to transact on behalf of the partnership.

The following particulars are required relating to the abovementioned individuals:

  • surname;
  • full name(s);
  • date of birth;
  • residential address;
  • contact particulars;
  • identity number (SA citizens/residents); or should it be lost or stolen, a sworn affidavit or police statement, accompanied by proof of reapplication for an ID from Home Affairs, and:
    • a valid passport, or
    • a valid card-type driver's licence. OR
  • passport number and nationality (non-SA residents).

To verify the individuals an original or certified copy of the following documents is required:

  • a green bar-coded identity document (SA citizens/residents); or
  • a valid passport (non-SA residents).

The following proof of authority is required for an individual purporting to act on behalf of the partnership:

  • an original resolution; or
  • a certified extract of the minutes proving authority; or
  • an original letter signed by the company secretary on the official partnership letterhead.

Other partnerships (excluding professional partnerships)
Information to be obtained

American Express Foreign Exchange must verify the name and operating address of the partnership by viewing the partnership agreement or certified copy thereof or a recent SARS return.

The following persons associated with the partnership need to be identified:

  • every partner, including any anonymous/silent partner;
  • the person who exercises executive control over the partnership;
  • each individual who purports to be authorised to establish a relationship with American Express Foreign Exchange on behalf of the partnership; and
  • each individual authorised to transact on behalf of the partnership.

The following particulars are required:

  • the full names;
  • date of birth;
  • identity number (for SA citizens/residents) or passport number and nationality (for non-SA residents);
  • residential address; and
  • contact particulars.

To verify the individuals an original or certified copy of the following documents are required:

  • a green bar-coded identity document (SA citizens/residents); or should it be lost or stolen, a sworn affidavit or police statement, accompanied by proof of reapplication for an ID from Home Affairs, and:
    • a valid passport, or
    • a valid card-type driver's licence. OR
  • a valid passport (non-SA residents).

The following proof of authority is required for an individual purporting to act on behalf of the partnership:

  • an original resolution; or
  • a certified extract of the minutes proving authority; or
  • an original letter signed by the company secretary on the official partnership letterhead.

Verification of legal entities who are partners in the partnership
Any legal entity that is a partner of a partnership must have their details identified and verified as defined below:

SA company
Registered name and address
Trade name and business address

Foreign company
Registered name and address where the foreign company is incorporated.
Trade name and business address for both the foreign and South African operations.

Close corporations
Registered name and address

Other legal entities
The name, address and legal form must be verified by submitting the original or certified copy of the constitution or other founding documents.

Partnership
The name and address of the associated partnership must be verified by submitting the original or certified copy of the partnership agreement.

Trust
The name, registration number and address must be verified by submitting the original or certified copy of the trust deed or other founding documents.

Close corporations
The Financial Intelligence Centre Act 38 of 2001 (FICA) requires all banks to verify client information, including trading information, operating addresses and all key individuals associated with the close corporation.

Individuals associated with close corporations
The following persons associated with the close corporation have to be identified:

  • the members of the close corporation;
  • each individual who purports to be authorised to establish the relationship; and
  • each individual authorised to transact on behalf of the close corporation.

The following particulars are required relating to the individual mentioned above:

  • surname;
  • full name(s);
  • date of birth;
  • residential address;
  • contact particulars;
  • identity number (SA citizens/residents); or
  • passport number and nationality (non-SA residents).

An original or certified copy of the following documents is required:

  • a green bar-coded identity document (SA citizens/residents); or should it be lost or stolen, a sworn affidavit or police statement, accompanied by proof of reapplication for an ID from Home Affairs, and:
    • a valid passport, or
    • a valid card-type driver's licence. OR
  • a valid passport (non-SA residents).

Verification of individual acting on behalf of a close corporation
The following proof of authority is required for an individual purporting to act on behalf of the close corporation:

  • an original resolution; or
  • a certified extract of the minutes proving authority; or
  • an original letter signed by the company secretary on the official close corporation letterhead.

Registered information - close corporations
Registered name and address
Trade name and business address

Other legal entities (not incorporated)
The Financial Intelligence Centre Act 38 of 2001 (FICA) requires all banks to verify client information, including trading information, operating addresses and all key individuals associated with such other legal entity.

Examples of other legal entities may include but are not limited to

  • associations;
  • NGOs;
  • public sector entities(central government, provincial government, local authorities);
  • brokers;
  • fund managers;
  • hedge funds;
  • money market funds;
  • stokvels;
  • burial societies;
  • pension, provident, retirement, medical funds;
  • schools, churches, sports bodies, churches, clubs;
  • political parties;
  • consortiums;
  • local authorities;
  • parastatals;
  • charities;
  • foreign trusts;
  • diplomatic missions, embassies;
  • government;
  • foreign governments; and
  • sectional title bodies corporate.

Naturals persons associated with other legal entities
The following individuals associated with the entity have to be identified:

  • each individual who purports to be authorised to establish the relationship; and
  • each individual who is authorised to transact on behalf of the other legal person/entities.

The following particulars are required relating to the individuals mentioned above:

  • surname;
  • full name(s);
  • date of birth;
  • residential address;
  • contact particulars;
  • identity number (SA citizens/residents); or
  • passport number and nationality (non-SA residents).

An original or certified copy of the following documents is required:

  • a green bar-coded identity document (SA citizens/residents); or should it be lost or stolen, a sworn affidavit or police statement, accompanied by proof of reapplication for an ID from Home Affairs, and:
    • a valid passport, or
    • a valid card-type driver's licence. OR
  • a valid passport (non-SA residents).

The following proof of authority is required for an individual purporting to act on behalf of the company:

  • an original resolution; or
  • a certified extract of the minutes proving authority; or
  • an original letter signed by the company secretary on the official company letterhead.

Verification of name and legal form of the legal entity
American Express Foreign Exchange must verify the name and legal form of the legal person/entity by:

  • obtaining and inspecting the original or a certified copy thereof of the constitution, and/or other founding document in terms of which the legal person is created, if available; or
  • other document relating to the founding of the legal form.

Trade name and business address

 
South African Companies

Listed companies and their wholly owned subsidiaries
The Financial Intelligence Centre Act 38 of 2001 (FICA) requires all banks to verify client information, including trading information and operating addresses.

Information to be obtained
The following information must be obtained:

  • the registered name;
  • the registration number;
  • the registered head office address;
  • trading name;
  • trading address;
  • address of the company office seeking the business relationship;
  • contact particulars; and
  • proof of authority for an individual purporting to act on behalf of the company.

Individuals associated with a listed SA company and wholly owned subsidiaries
The following persons associated with the company have to be verified:

  • each individual who purports to be authorised to establish a relationship; and
  • each individual who is authorised to transact on behalf of the company.

The following particulars are required relating to the abovementioned individuals:

  • surname;
  • full name(s);
  • date of birth;
  • residential address;
  • contact particulars;
  • identity number (SA citizens/residents); or
  • passport number and nationality (non-SA residents).

An original or certified copy of the following documents is required:

  • a green bar-coded identity document (SA citizens/residents); or should it be lost or stolen, a sworn affidavit or police statement, accompanied by proof of reapplication for an ID from Home Affairs, and:
    • a valid passport, or
    • a valid card-type driver's licence. OR
  • a valid passport (non-SA residents).

The following proof of authority is required for an individual purporting to act on behalf of the company:

  • an original resolution; or
  • a certified extract of the minutes proving authority; or
  • an original letter signed by the company secretary on the official company letterhead.

Verification of identification details of listed companies

Proof of the listing of the company on the JSE Securities Exchange is to be verified by looking at:

  • a copy of the JSE Securities Exchange handbook; or
  • the JSE Securities Exchange website.

Verification of details of wholly owned (100%) subsidiaries of listed SA companies
In addition to the proof of the parent company's listing, proof is required that the company American Express Foreign Exchange is dealing with is indeed a wholly owned subsidiary of the listed company. This is achieved through verification against one of the following:

  • the annual financial statements of the company; or
  • the official website of the JSE Securities Exchange; or
  • a copy of the JSE Securities Exchange handbook.

The registered name and address of the subsidiary.

Non-listed South African companies
The Financial Intelligence Centre Act 38 of 2001 (FICA) requires all banks to verify client information, including trading information and operating addresses.

Information to be obtained
The following information must be obtained:

  • the registered name;
  • the registration number;
  • the registered head office address;
  • the trading name, i.e. the name under which the company conducts business;
  • the trading address;
  • the address of the company office seeking the business relationship;
  • contact particulars;
  • proof of authority for an individual purporting to act on behalf of the company.

Individuals associated with non-listed SA companies
The following persons associated with the company need to be identified:

  • the CEO of the company;
  • each individual who purports to be authorised to establish the relationship;
  • each individual holding 25% or more of the voting right at a general meeting of that company;
  • each individual authorised to transact on behalf of the company.

The following particulars are required relating to the individuals mentioned above:

  • surname;
  • full name(s);
  • date of birth;
  • residential address;
  • contact particulars;
  • proof of shareholding (if 25% or more voting rights at a general meeting);
  • identity number (SA citizens/residents); or
  • passport number and nationality (non-SA residents).

An original or certified copy of the following documents is required:

  • a green bar-coded identity document (SA citizens/residents); or should it be lost or stolen, a sworn affidavit or police statement, accompanied by proof of reapplication for an ID from Home Affairs, and:
    • a valid passport, or
    • a valid card-type driver's licence. OR
  • a valid passport (non-SA residents).

The following proof of authority is required for an individual purporting to act on behalf of the company:

  • an original resolution; or
  • a certified extract of the minutes proving authority; or
  • an original letter signed by company secretary on the official company letterhead.

The following proof of shareholding is required for an individual holding 25% or more of the voting rights at a general meeting of the company:

  • an original letter confirming the shareholding from the company auditor.

Verification of registered information - non-listed South African company
Registered name and address

Verification of trading details - non-listed South African company
Trade name and business address

Verification of legal entities and/or partnerships and/or trusts holding 25% or more shares in a non-listed South African company
SA company

Registered name and address
Trade name and business address

Close corporations
Registered name and address

Foreign company
Registered name and address where the foreign company is incorporated.
Trade name and business address for both the foreign and South African operations.

Close corporations
Registered name and address

Other legal entities
The name, address and legal form must be verified by submitting the original or certified copy of the constitution or other founding documents.

Partnership
The name and address of the associated partnership must be verified by submitting the original or certified copy of the partnership agreement.

Trust
The name, registration number and address must be verified by submitting the original or certified copy of the trust deed or other founding documents.

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