Prevention of money laundering and terrorist financing policy (AML/CFT)
Version: 1.0 (GAFILAT Compliance & Regional Standard)
Last Updated: [12/11/2025]
Scope: Global with a focus on Latin American jurisdictions
1. STATEMENT OF PRINCIPLES AND ZERO TOLERANCE
Diversidad Financiera Consultores (hereinafter, the “Obligated Subject” or the “Company”) maintains a Zero Tolerance policy regarding Money Laundering (ML), Terrorist Financing (TF), and the Financing of the Proliferation of Weapons of Mass Destruction (FP).
This policy aligns strictly with the 40 Recommendations of the Financial Action Task Force (FATF/GAFI) and the regional standards of GAFILAT.
Its objective is to protect the integrity of the economic and legal system, as well as the Company’s reputation, in all operations involving the Assignment of Litigious Rights, Investment in Intangible Assets, and Legal Financing.
Mandatory Nature: This document is of mandatory compliance for all shareholders, directors, senior management, employees, agents, and linked third parties acting on behalf of the Company.
2. FUNDAMENTALS AND RISK-BASED APPROACH (RBA)
The Prevention System is founded on proportionality and intelligent risk management.
2.1. Risk Matrix and Continuous Assessment
The Company does not apply control measures arbitrarily, but rather based on a technical assessment:
- Identification: We detect risks associated with Clients, Products, Distribution Channels, and Geographical Jurisdictions.
- Proportional Mitigation:
- High Risk: Enhanced Due Diligence (EDD) measures are applied.
- Low Risk: Simplified Due Diligence (SDD) measures may be applied, provided there is no suspicion of ML/TF.
2.2. Transparency and Collaboration with Authority
The Company will actively collaborate with local Financial Intelligence Units (FIU/UAFE/UIAF).
- Lifting of Secrecy: For the purposes of reporting suspicious activities to the competent authority, the Company shall not invoke banking secrecy, stock market secrecy, or professional privilege, always guaranteeing that information is transmitted via secure and confidential channels.
3. CUSTOMER DUE DILIGENCE MEASURES (CDD/KYC)
We do not initiate any business relationship (including the purchase of portfolios or litigation) without knowing the counterparty (“Know Your Customer”).
3.1. Identification and Verification (Standard KYC)
This shall apply when establishing business relationships or carrying out occasional transactions exceeding the threshold of USD/EUR 10,000 (or its equivalent in local currency).
- Natural Person: Verification of identity (ID Card/Passport), economic activity, domicile, and source of funds.
- Legal Person: Legal constitution, good standing, corporate purpose, and shareholding structure.
- Purpose of the Relationship: Clearly understanding the economic and legal logic of the proposed transaction (e.g., Why is this litigious right being assigned?).
3.2. Ultimate Beneficial Owner (UBO)
It is mandatory to identify the natural person who exercises Effective Control or holds the actual ownership of the resources.
- Strict Threshold: We will identify any natural person who owns, directly or indirectly, at least ten percent (10%) of the share capital or voting rights of the client entity.
- Piercing the Corporate Veil: If the client is a trust or offshore vehicle, inquiries will be made until the controlling natural person is reached.
3.3. Politically Exposed Persons (PEP)
We have filters to detect if a client, beneficial owner, or counterparty is a PEP (domestic or foreign).
- PEP Procedure: If a PEP is identified:
- Senior Management approval is required to board them.
- The licit origin of their wealth must be corroborated documentarily.
- Intensified continuous monitoring will be applied.
- Note: PEP status does not imply automatic rejection, but rather superior scrutiny.
3.4. Enhanced Due Diligence (EDD)
This will be automatically activated in high-risk cases, such as:
- Non-resident clients or those located in high-risk jurisdictions (FATF/EU Lists).
- Unusually complex corporate structures with no apparent commercial reason.
- Non-face-to-face transactions without a qualified electronic signature.
4. REPORTING, MONITORING, AND SANCTIONS
4.1. Suspicious Activity Reporting (SAR/ROS)
Detection and reporting are the cornerstone of the system.
- Definition of Unusual: Any transaction that does not correspond with the client’s economic profile or lacks evident legal/economic justification.
- Reporting Procedure (Strict Deadlines):
- Detection: The employee detects the alert.
- Analysis: The Compliance Officer has up to five (5) days to analyze and confirm the suspicion.
- Report to the FIU: If confirmed, the SAR must be sent to the authority within a maximum term of four (4) days from confirmation.
4.2. Prohibition of Disclosure (“Tipping-Off”)
It is a criminal offense and serious corporate misconduct to alert the client or third parties that their activity is being analyzed or that a SAR has been sent to the authority. This information is strictly confidential.
4.3. Record Keeping (Data Retention)
To guarantee forensic traceability, the Company shall retain CDD files and transaction records for a period of ten (10) years from the termination of the business relationship.
5. GOVERNANCE AND COMPLIANCE OFFICER
The compliance structure is led by:
- Compliance Officer (CO/MLRO): An independent, qualified person with sufficient resources, responsible for the execution of the Prevention System (SPARLAFTD) and the sole liaison with the FIU.
- Joint and Several Liability: Both the CO and the Legal Representative are civilly, administratively, and criminally liable before the authorities for the effective application of this policy.
6. INQUIRY CHANNEL
Any doubt regarding the application of this policy or a possible red flag must be directed immediately and under confidentiality to: