KNOW YOUR BUSINESS PARTNER
„BMF PORT BURGAS” AD implements the “KNOW YOUR BUSINESS PARTNER” Policy to ensure the security and integrity of contractual relationships with business partners in accordance with Regulation (EU) 2015/2447 the Commission; Regulation (EU) 833/2014 of the Council; Regulation (EU) 269/2014 of the Council as well as others regulatory measures and acts imposing sanctions and trade restrictions on juridical and natural persons and on trade in specific goods and services .
Within the Policy in order to establish the reliability and security of their own business partners, “BMF PORT BURGAS” AD conducts the following verifications:
- Verification for identifying clients and suppliers of goods and services;
- Verification for whether clients or suppliers of goods and services are not a subject to sanctions .
Verifications are carried out on the basis of provided by the business partner information, as well as by researching in specific software programs and websites.
„BMF PORT BURGAS” AD is not obliged to reveal the results of the conducted verifications, except where required by the applicable legislation.
For the purposes of the verification every business partner of “BMF PORT BURGAS” AD is necessary to submit the following documents:
- Completed and signed by a legal/an authorized representative of the Company form “Due Diligence Questionnaire” (Appendix 1 );
- Completed and signed by a legal/an authorized representative of the Company, Declaration for beneficial owners (Appendix 2);
- A copy of the Act of incorporation ;
- A copy of the memorandum and articles of association of the company, bylaws or equivalent founding documents;
- Evidence of the registered address and place of principle business activity;
- A copy of the register of the directors and/or the senior officers of the company or a certificate of appointment of the position, or an extract from the relevant trade register, or a signed resolution of the company listing all directors and senior officers of the company;
- Except for public companies listed on a regulated market, a copy (or an extract thereof) of the register of shareholders of the company, in any case signed by the secretary or director of the company, confirming their full names and the respective percentages of their ownership. Alternatively, a recent extract from the relevant commercial register indicating the shareholders of the company may be submitted. For companies that are publicly listed on a regulated market, proof of the company's registration is sufficient. For entities that are associations or partnerships, appropriate evidence of the shares held in the association/partnership is required, such as a copy of the agreement establishing the association/partnership;
- Confirmation of the full name(s) of all ultimate beneficial owners of the Company, i.e. any natural person who individually or jointly with other persons (a) exercises ultimate control over the management of the company, or (b) owns and controls (directly or indirectly) 25% or more of the shares or the voting rights in the Company, or (c) in another way controls the company. In the events of agreement or a similar document exists between the ultimate beneficial owner and any such registered owner, details thereof shall be disclosed ;
- Completed and signed by a legal/an authorized representative and by the beneficial owners of the Company, Declaration for politically exposed persons – Appendix 4.
- Completed and signed by a legal/an authorized representative Declaration of origin of funds – Appendix 3. The declaration is submitted only by a clients of “BMF PORT BURGAS” AD – senders/receivers of goods and all other persons to whom the company provides port services.
* In the events when the documents are signed by an authorized representative, the last must provide also a copy of a document certifying its representative authority.
The above-mentioned documents in accordance with Section 1, 3 and 5 are also required in respect of any relative company of the respective business partner .
The screening is conducted with the aim of identifying all sanctioned entities subject to applicable economic, trade, diplomatic, or other statutory sanctions. For this purpose clients and suppliers of goods and services are required to complete and sign a Declaration confirming the absence of imposed sanctions – Appendix 5 .
Upon completion of the internal review, the Company reserves the right to request any additional documentation, certificates, or information for the purpose of identifying the respective business partner and its ultimate business owners, and for assessing their reliability and integrity.
„BMF PORT BURGAS” AD is authorized at its own discretion, without any prior notice and/or compensation, to terminate its contractual relationship with persons, groups and companies subject to any economic, trade, diplomatic or other statutory sanctions.
Every twelve months, business partners of “BMF PORT BURGAS” AD are required to declare whether there has been any change in the information provided in connection with the conducted verifications by submitting a duly completed and signed Declaration to confirm the information provided – Appendix 7. In the event of any change in the information provided, the business partners shall promptly provide an up-to-date data and documents .
In connection with the conducting verifications, “BMF PORT BURGAS” AD processes personal data of legal and authorized representatives, directors, senior officials, shareholders, partners and beneficial owners of their business partners. Detailed information regarding the types of personal data, the methods of processing it and the rights of data subjects whose personal data is processed, is provided in Appendix 6 – Information on personal data protection.
Appendix 1 – Due Diligence Questionnaire;
Appendix 2 – Declaration of Beneficial Owners ;
Appendix 3 – Declaration of origin of funds;
Appendix 4 – Declaration of politically exposed persons;
Appendix 5 – Declaration confirming the absence of imposed sanctions;
The above would be sent to you by our KYC Expert, upon request.