Rajah & Tann Regional Round-Up
your snapshot of key legal developments in Asia
Issue 1 - Jan/Feb/Mar 2021
 

Notice from Bank of Lao PDR on the Monitoring of Use of Payment Services

On 2 March 2021, the Department of Payment System Management, Bank of Lao PDR ("BOL") issued Notice No. 161/DPSM on the monitoring of the use of payment services of commercial banks, non-commercial financial institutions, and legal entities that provide payment services ("Notice"). Inspections have shown that a number of groups and companies have used the products, channels, and payment tools of commercial banks, non-commercial financial institutions, and legal entities without complying with the regulations of the BOL and Payment Service Providers. Examples of such regulations relate to the use of QR Code label to receive money transfer to a third party, and the use of Point of Sales tools (POS) to exchange foreign currency and for payment for goods or services not within their stores. These constitute a violation of the Law on the Payment System.


Therefore, BOL issued the Notice for commercial banks, non-commercial financial institutions and legal entities that provide payment services to implement the following:


  1. Strict and heightened monitoring, inspection, and search of data of clients prior to providing payment services, especially those who use the products, channels, and payment tools of commercial banks, non-commercial financial institutions, and legal entities payment services providers.

  2. Widely disseminate to businesses and consumers their management rules and the use of their products through notices, advertising media, and social network.

  3. Carefully review the agreements/applications for using the products, channels, and payment tools that they entered into with the businesses and ensure that the latter comply with the relevant regulations relating to payment of products and services. They must ensure that the businesses are not in breach of the regulations.

  4. In cases where a business is found to have engaged or suspected of engaging in any activity that is in breach of the relevant rules and regulations, such business shall be stopped immediately, and the relevant information reported to BOL.

  5. Where there is suspicion that individuals, entities, and stores are using the payment services of commercial banks, non-commercial financial institutions, and legal entities for money laundering or terrorist financing, the information should be compiled and reported directly to the Anti-Money Laundering Intelligence Office (AMLIO), copying BOL.



Please note that whilst the information in this Update is correct to the best of our knowledge and belief at the time of writing, it is only intended to provide a general guide to the subject matter and should not be treated as a substitute for specific professional advice.

 

Rajah & Tann (Laos) Co., Ltd
Anou Village,
Samsenthai Road, Unit 17,
Chanthabouly District,
Vientiane Capital, Lao PDR.
http://la.rajahtannasia.com


Contacts:

Lee Hock Chye
Managing Partner
D +603 2273 1919
F +603 2273 8310
hock.chye.lee@christopherleeong.com

Khanti Syackhaphom
Legal Advisor
D +856 21 454 239
F +856 21 285 261
khanti.syackhaphom@rajahtann.com

Desmond Wee
Director
D +65 62320474
desmond.wee@rajahtann.com

Rajah & Tann Asia is a network of legal practices based in Asia.

Member firms are independently constituted and regulated in accordance with relevant local legal requirements. Services provided by a member firm are governed by the terms of engagement between the member firm and the client.

This update is solely intended to provide general information and does not provide any advice or create any relationship, whether legally binding or otherwise. Rajah & Tann Asia and its member firms do not accept, and fully disclaim, responsibility for any loss or damage which may result from accessing or relying on this update.