Risk Assessment Policy

Introduction

This document serves as the Risk Assessment for RockEx Limited s.r.o., focusing on the identification and evaluation of risks associated with money laundering (ML) and financing of terrorism (FT) within the provision of virtual asset services. Compliant with Act No. 253/2008 Coll., this assessment is an integral component of our Internal Rules, Procedures, and Measures framework.

Purpose of the Risk Assessment

Aligned with the risk-based approach mandated by the AML Act, our objective is to identify and evaluate ML-FT risks inherent in our services. By categorizing clients, services, and distribution channels according to risk levels, we aim to enhance due diligence efforts, mitigating the risk of our services being misused for illicit activities.

Key Obligations

In adherence to AML regulations, RockEx Limited s.r.o. commits to:

  • Preparing and endorsing this Risk Assessment.
  • Implementing measures to mitigate identified ML-FT risks.
  • Conducting internal supervision to ensure regulatory compliance.
  • Screening and vetting employees.
  • Periodically updating this Risk Assessment.

Information Sources

The following sources were used in the process of ML-FT risk identification and assessment:

  • Sector analyses from the sphere of ML-FT (especially by FATF-GAFI)
  • National risk assessment processed in compliance with Section 30a of the Act
  • European risk assessment processed by the European Commission
  • Sources considered by the Czech National Bank to be so-called approved standards
  • Methodological and explanation materials and resolutions of the Czech National Bank and FAU
  • Information provided by the FAU and law enforcement authorities
  • Information obtained during identification and check of clients

Identification of Threats and Vulnerabilities

RockEx Limited s.r.o. recognizes threats such as abuse of services for ML purposes, evasion of international sanctions, and financing of terrorism. Vulnerabilities include challenges in client identification and verification, particularly concerning complex ownership structures and non-transparent activities.

Risk Factors

Risk factors encompass the characteristics of the client, the product provided to them, or the manner in which it is provided, heightening the potential for the misuse of RockEx Limited s.r.o.'s services for money laundering or terrorism financing.

Clients are categorized into risk profiles—types A, B, C, D, or E—based on the presence or absence of risk factors.

Type A Risk Profile

Clients are assigned a type A risk profile (no or minimal risk) when no known risk factors warrant a type B, C, D, or E classification. These clients pose little to no risk of leveraging RockEx Limited s.r.o.'s services for illicit purposes, a risk the company is prepared to manage.

Type B, C, or D Risk Profile

Clients receive a type B, C, or D risk profile (increased risk) when specific risk factors are present, barring a type E classification. These clients represent a potential risk for money laundering or terrorism financing. Consequently, all employees, including the AML Officer, must meticulously assess any suspicious behavior and rigorously verify provided information during initial or ongoing reviews.

Type E Risk Profile

Clients are assigned a type E risk profile (unacceptable) when any of the following risk factors are identified. Such clients pose a high risk of involvement in money laundering or terrorism financing. RockEx Limited s.r.o. will either refuse to establish a business relationship or terminate existing relationships with these clients promptly and prevent the provision of further services until resolution. The AML Officer is responsible for ensuring the swift and lawful termination of such relationships.

Moreover, careful scrutiny is essential in evaluating whether a client's behavior indicates potential involvement in suspicious transactions.

The following risk factors prompt a type E classification:

  • Suspicions arise regarding the true beneficiary of the business relationship, and the client fails to refute these suspicions.
  • The client or associated parties are subject to international sanctions.
  • Information provided by the client is substantially inconsistent with credible sources, and the client fails to provide adequate justification.
  • There are reasonable grounds to suspect the submission of false, misleading, or incomplete information or documents by the client.
  • Past termination of a business relationship initiated by RockEx Limited s.r.o. is followed by attempts to reestablish it.
  • The client or associated parties have connections with previously terminated clients due to RockEx Limited s.r.o.'s initiative.
  • The client presents a significant risk to the company in terms of money laundering or terrorism financing for other reasons.

Any of these factors, when present in a legal entity where the client holds direct or indirect influence, warrants consideration.

Measures to Mitigate Threats

Client Identification Measures
Expansion of PEP Risk Status

RockEx Limited s.r.o. acknowledges that certain source crimes, such as acts of corruption or subsidy frauds, often involve politically exposed persons (PEPs). To address this, the company extends the period following the termination of a PEP's exposed activity—considered high-risk—from the standard 1 year prescribed by the AML Act to a period of 2 years.

Exclusion of Simplified Identification and Control

Clients assigned a risk profile of type B, C, or D are excluded from simplified identification and control measures. Additionally, if a client initially classified as type A later receives a type B, C, or D risk profile, full identification and control procedures must be conducted before any subsequent transactions.

Interval of Identification Data Update, PEP Status Update, and International Sanctions Check

The frequency of updating client identification data, PEP status, and international sanctions checks varies based on the client's risk profile:

  • Clients with a type A risk profile: every 12 calendar months
  • Clients with a type B risk profile: every 9 calendar months
  • Clients with a type C or D risk profile: every 6 calendar months

These updates involve searching public trusted sources or directly querying clients to confirm the accuracy of their information.

Measures During Client Checks
Increase in Intensity of Initial Client Checks

For clients with risk profiles of type B, C, or D, rigorous measures are implemented during the initial client check:

  • Verification of the source of the client's financial resources from independent sources, with documentation obtained and retained.
  • Requirement for clients to demonstrate control and ownership structures, especially for legal entities, beyond mere declaration.
  • Detailed scrutiny of the client's business activities, verified against publicly available information or documentation provided by the client.
Approval of Business Relations and Changes by AML Officer

Establishment of a business relationship for clients with risk profiles of type B, C, or D requires approval from the AML officer or Managing Director. Similarly, any substantial changes to existing relationships must also be approved by these designated officers.

Continuous Monitoring and Review of Trades

During the business relationship, RockEx Limited s.r.o. continuously monitors and reviews trades to ensure compliance and detect any anomalies. This includes reviewing the sources of funds used in transactions.

Business Control Procedures

Business control procedures are implemented based on the client's risk profile:

  • Clients with risk profiles of type A undergo random checks of transactions and may be asked to provide additional proof of economic activity.
  • Clients with risk profiles of type B, C, or D undergo more extensive checks, including verification of documents and proof of payment.

Additional scrutiny is applied if clients engage in high-risk activities or transactions involving countries identified as risky from the ML-FT perspective. This includes requesting a wider range of information and investigating the background and purpose of such transactions.

Interval for Updating Information on Business Relationship Purpose and Nature

The employee will update information on the purpose and nature of the business relationship whenever RockEx Limited s.r.o. becomes aware of changes and at the following intervals:

  • Every 12 calendar months for clients with a risk profile of type A
  • Every 9 calendar months for clients with a risk profile of type B
  • Every 6 calendar months for clients with risk profiles of type C and D
Interval for Updating Data on Ownership and Control Structure

For legal entity clients, the employee will update ownership and control structure data whenever RockEx Limited s.r.o. becomes aware of changes and at the following intervals:

  • Every 12 calendar months for clients with a risk profile of type A
  • Every 9 calendar months for clients with a risk profile of type B
  • Every 6 calendar months for clients with risk profiles of type C and D

If publicly credible sources do not indicate changes in control and ownership structure, clients with risk profiles of type B, C, or D must demonstrate this structure upon request.

Interval for Updating Client Risk Profile

The employee will update client risk profiles whenever RockEx Limited s.r.o. becomes aware of new risk factors or the removal of original ones, and at the following intervals:

  • Every 12 calendar months for clients with a risk profile of type A
  • Every 9 calendar months for clients with a risk profile of type B
  • Every 6 calendar months for clients with risk profiles of type C and D

Measures for Internal Supervision and Compliance Monitoring

Internal supervision and compliance monitoring measures are established in the System of Internal Rules, Procedures, and Monitoring (Control) Measures, deemed adequate by CRP Unio Limited s.r.o.

Employee Screening Measures

Requirements for Employees

Employees and contact persons must have a clean criminal record. An executive staff member ensures that only individuals with no record in the Czech Republic Criminal Register are permitted to perform relevant duties.

Obligation to Periodically Update This Document
Updates and Frequency

An executive staff member is responsible for periodically updating this Risk Assessment at least once every two years. Updates are also required in case of:

  • Approval of the next round of national risk assessment in ML-FT
  • Significant changes in service provision or introduction of new services or client groups
  • Discovery of new threats, especially following suspicious transaction reports not covered by the current Risk Assessment

This Risk Assessment is approved by the corporate statutory body.