Vanuatu
7 regulators · 7 laws & regulations · 13 obligations · 1 enforcement action
| Obligation | Timing | Regulator | Arises from | Source | Detail |
|---|---|---|---|---|---|
| All industries | |||||
| Authorisation for use of data collected in Vanuatu elsewhere | Deadline Before any use of the data outside Vanuatu | Digital Safety Authority | — | source | |
Section 15(1) says data collected in Vanuatu must not be used elsewhere without the Minister's prior authorisation on the Deputy Commissioner's recommendation; s 15(2) and s 17 set exceptions, including transfers to prescribed countries and transfers with explicit informed consent. |
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| Lawful basis, transparency and data subject rights | Continuing | Digital Safety Authority | — | source | |
Section 5 lists the lawful grounds for processing, s 4(1)(a)(ii) requires fair and transparent processing, and ss 9-13 give data subjects rights of access (free of charge within one month), restriction, rectification and erasure, objection and protection from solely automated decisions. |
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| Pay severance allowance on termination | Deadline On termination | DOLES | Employment Act [CAP 160] | official | |
Sections 54-56 give employees with at least 12 months' continuous service severance allowance on listed triggers, at one month's remuneration for every 12 months of service; a court may order up to six times that amount if termination was unjustified (s 56(4)). |
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| Banking | |||||
| Appoint an AML and CTF compliance officer and keep a procedure manual | Continuing | VFIU | — | official | |
Section 34(1) requires a reporting entity to appoint an AML and CTF compliance officer. Section 33 covers the AML and CTF Procedure Manual and s 33(2A) requires periodic independent review by an external auditor. |
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| Customer due diligence (identify and verify customers) | At onboarding + ongoing | VFIU | — | official | |
Section 12 requires reporting entities to identify the customer and, under s 12(2)(c), any beneficial owner where a person acts for another. Verification is covered in s 16 and ongoing monitoring in s 17. The Regulation (Order 122 of 2014) sets the identification details and documents in cl. 3-4 and Schedule 2. |
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| Keep transaction and customer identification records | Retention period 6 years | VFIU | — | official | |
Section 19(3) requires transaction records to be kept for six years after the transaction is completed, and s 19(7) requires identity and verification records to be kept for six years after the account or relationship ends. |
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| Obtain originator information for electronic funds transfers | Deadline Each transfer of VT 100,000 or more | VFIU | — | official | |
Section 37B(2) requires sender name, account number or tracing information and a further identifier for transfers of VT 100,000 or more, and s 37C sets sender and receiver requirements for international transfers below that. Sections 37B(9) and 37C(6) bar execution of a transfer if the information requirements are not met. |
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| Report cash transactions and international funds transfers of VT 1 million or more | Deadline Within 10 working days (vatu) or 2 working days (foreign currency) | VFIU | Anti-Money Laundering and Counter-Terrorism Financing Regulation (Order 122 of 2014) | official | |
Clauses 12 and 13 set a VT 1 million reporting threshold for cash transactions and international currency transfers, with lower cash thresholds for some sectors. Reports are due within 10 working days for vatu and 2 working days for foreign currency (cl. 12(3)-(4), 13(2)-(3)). |
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| Report suspicious transactions to the VFIU | Deadline Not later than 2 working days after forming the suspicion (s 20(1)) | VFIU | — | official | |
Section 20(1) requires a suspicious transaction report to reach the VFIU not later than two working days after the suspicion arises; s 21 applies the same period to suspicious activity reports. Section 26(3) requires an oral report to be followed in writing within 24 hours. |
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| Payments & Fintech | |||||
| Licence to provide payment services or issue e-money | Before providing payment services | RBV | — | source | |
Section 10(1) bars payment services and system operation without a Reserve Bank licence. Section 36 requires e-money to carry no credit, be issued against vatu or highly liquid assets and be redeemable at par, and says funds received for e-money are not deposits. |
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| Obtain Reserve Bank approval to outsource payment functions or appoint agents | Deadline Before outsourcing or appointing an agent | RBV | — | source | |
Section 23 requires written Reserve Bank approval for outsourcing by a payment service provider, and s 24 requires Reserve Bank approval for agents, which are entered in a public register. |
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| Crypto / VDA | |||||
| Hold a VASP licence before carrying on virtual asset business | Before offering virtual asset services | VFSC | — | official | |
Section 10(1) and (2) bar anyone other than a licensed company from carrying on VASP business. Section 11 sets the licence classes and s 12 the application process; penalties for unlicensed activity are set in s 10(3). |
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| Travel-rule information for virtual asset transfers | Deadline Each cross-border transfer at or above USD/EUR 1,000 | VFSC | — | official | |
Section 27 sets travel-rule obligations: originator and beneficiary information for cross-border virtual asset transfers of USD 1,000 or EUR 1,000 or more. |
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| No obligations match these filters. | |||||