This Policy applies to all customers accessing our website (www.nepacoin.io). This Policy also applies to all staff and any third party the Company may do the business with.
The principal requirements, obligations and penalties, on which the Company’s Systems and Controls are based, are contained in:
The EU Anti Money Laundering Directives;
The Proceeds of Crime Act 2015 (the “Act”, which transposes EU Anti-Money Laundering Directive into Gibraltar Law);
The Counter Terrorism Act 2010 in Gibraltar;
The Terrorism Act 2005 in Gibraltar; and
The Crimes Act 2011 in Gibraltar.
The below is a summary of the Anti-Money Laundering and Counter Terrorist Financing Prevention Policy (“AML Policy”) of NEPA Labs Ltd. (“Company”, “we”, “us” or “our”). Any questions relating to this policy should be directed to aml@nepacoin.io.
The purpose of this AML Policy is to articulate our commitment to detecting, preventing and reporting attempts to use the Company’s platform (the “Platform”) and the digital tokens issued by the Company (the “NEPA Coins”) to illegally launder money (including by way of concealing the source of funds and avoiding tax payments), to finance illegal activities such as terrorism and drug trafficking, to commit fraud, etc. (all activities being “Prohibited Activities”). The Company will cooperate with any and all law enforcement requests and/or investigations, the AMLD, the RGP and any other relevant Government Authority.
In the event we suspect that an activity of behavior in the Platform and/or with the NEPA Coins associated with you (“you”, “your” means a contributor and/or a Purchaser as defined in the Terms of Use) may meet the characteristics of Prohibited Activities, we reserve the right to suspend or terminate your use of the Platform and freeze any funds in fiat currency and/or NEPA Coins, pending the outcome of an internal investigation, whether with or without prior notice (if at all), in compliance with the applicable laws and regulations. We reserve the right to report any suspicious activities to the police and/or relevant authorities without your knowledge.
The decision of whether a transaction is potentially suspicious as Prohibited Activities shall be made by the Company at its sole discretion.
In compliance with local and international legislation and regulations, we have:
Appointed a Money Laundering Reporting Officer;
Adopted a risk-based approach towards accessing and managing the money laundering and terrorist financing risks to the business;
Adopted a risk-based customer due diligence system and thereunder we obtain identification and proof of address in accordance with the KYC (“Know Your Customer”) procedures, which include the EDD (“Enhanced Due Diligence”) checks in cases that we consider higher risk – the risk factor will be determined at our sole discretion;
Put into place an internal procedure for flagging and reporting suspicious activities;
Collected, and continue to collect, information with the aim of verifying information to serve the “Know Your Customer” and “Customer Due Diligence” efforts (hereinafter, collectively, “KYC”).
If you are a Restricted Territories User you will not be able to participate in the Token Generation Event (the “TGE”), as defined below, and you are not allowed to hold any NEPA Coins. “Restricted Territories User” means, citizen of, resident of, a person located or domiciled in, or any corporation or partnership created or organized in or under the laws of a Restricted Jurisdiction, as this term is defined in the Terms of Use.
In addition, the Company may not allow you to participate in the TGE, if you are a citizen of, resident of, a person located or domiciled in, or a corporation or partnership created or organized in or under the laws of other jurisdictions that are included from time to time in international lists of countries at risk of money laundering.
The TGE will also restrict citizens of or residents of any of the US which cannot meet the Accredited Investor threshold, and reference is made to Rule 501 of Regulation D under the Securities Act of 1933 (as amended) with regard. The Restricted Jurisdiction list is subject to review by the Company and may be amended from time to time at its sole discretion with or without prior notice. The TGE means initial public sale of the NEPA Coins, whether by way of an initial coin offering, initial exchange offering or token generation event (but excluding any pre-sales relating to such offering) for public acquisition in exchange for consideration, including but not limited to, other types of blockchain tokens, such as Ether (ETH) and Bitcoin (BTC), or other cryptocurrency, cash, or a combination thereof.
During your registration on the NEPA Platform, you will be asked to enter the address of the digital wallet you will use for the purchase of the NEPA Coins. Any attempts to send funds from a different address or directly from an cryptocurrency exchange (such as Coinbase, Binance, Kraken, KuCoin, Poloniex, Gate.io, etc.) during the NEPA Coins distribution period or Token Sale may result in an inability to purchase NEPA Coins.
As part of our AML/CFT Policy, you understand that while you agree to use the Platform, you are also prepared to provide, prior to any purchase of NEPA Coins, any documentation which we find relevant in order to serve our KYC and AML/CFT policies, including (but not limited to): full name, address, contact details such as (but not limited to) mobile phone number and email address, date of birth, payment reference (such as, but not limited to, SWIFT or credit card picture with first 4 and last 4 digits where your name is clearly seen, passport, ID, driving license, utility bill, bank statement and references in connection with your source of funds.
In addition to the above, in case you are an entity, you understand that while you agree to use the Platform, you are also prepared to provide, prior to any purchase of NEPA Coins, any documentation which we find relevant in order to serve our KYC and AML policies, including (but not limited to):
Certificate of incorporation of any legal person associated with your activity;
Memorandum & Articles of Association, by laws, or any similar governing documents of all legal persons associated with your activity;
List of shareholders (including ownership structure), directors and signatories of all legal persons associated with your activity as well as the UBO (“Ultimate Beneficial Owner(s)”) of the assets held by the legal structure;
Certificate of Incumbency or Certificate of Goodstanding stating the registered address, share capital, shareholder(s) and the person’s authorized to represent the legal person (Notarized and Apostilled) of any legal person associated with your activity; and
Any additional information we may find valid for accessing the risk of providing you with our services.
As part of our AML/CFT Policy, you understand that while you agree to use the Platform, you are also prepared to provide, prior to any purchase of NEPA Coins, proof regarding the source of wealth and/or funds of any individual associated with your activity;
If you are acting on behalf of a legal person you will be required to provide Us with valid power of attorney and send us the aforementioned KYC documents with a company stamp and certified as a true copy of the original by a lawyer, certifying officer or a Notary public.
We require the KYC documents to be sent to us in high quality color format. We reserve the right to reject any documents which do not comply with the above.
We reserve the right to require additional information at any time to verify your identification and any further information that we may require, and to use third parties in order to identify and investigate the information you provided and other information with regards to you (such as, but not limited to, online verification, political exposed person identification etc.)
We may also disclose any and/or all of the KYC documents to any relevant authority and/or institution and/or third party service providers in order to examine, inter alia, your status concerning bankruptcy, reputation checks and criminal records and/or in order to comply with AML laws, regulations, rules or anything related thereto.
We restrict certain jurisdictions, type of businesses and certain individuals from using the NEPA Platform and purchasing and holding the NEPA Coins. The AML/CFT Policy is not a substitute for your need to comply, in full, with the applicable laws and regulations in connection with your business conduct, personal characteristics and legal status. We do not offer any consultancy in connection with your need to comply with the applicable laws and regulations.
The Company does not permit the use of anonymous and/or duplicate and/or misuse multiple accounts or wallets.
Depending on key affairs relating to AML and CFT concerns around the world, we may change this policy, at our own discretion, from time to time in compliance with the dynamic applicable laws and regulation framework, without prior notice.