Section 95834 - Know-Your-Customer Requirements(a) General Requirements.(1) The accounts administrator cannot provide access to the tracking system to an individual until the Executive Officer has determined the individual applying for participation has complied with the requirements of this section.(2) The requirements of this section are in addition to any requirements contained elsewhere in this article that apply to the functions the individual will undertake in the tracking system.(3) All documents submitted to the Executive Officer pursuant to this section shall be in English.(4) Individuals with a criminal conviction in any jurisdiction in the five previous years constituting a felony under U.S. federal law or California law, or the equivalent thereof, are ineligible for registration and participation in the Cap-and-Trade Program.(b) The individual must provide, within 30 days of submitting a user registration request in the tracking system, documentation of the following: (2) The address of the primary residence of the applicant, which may be shown by any of the following: (A) A valid government-issued identity card or government-issued document with an expiration date;(B) Any other document that is customarily accepted by the State of California as evidence of the primary residence of the individual;(4) Proof of an open bank account in the United States, except as provided in section 95834(b)(4)(B) below;(A) The proof must be in the form of a bank statement dated no earlier than 3 months prior to submission, must identify the individual holding the account, and must contain the name and business contact information of the bank.(B) If an applicant will only represent a covered entity located outside of the United States, the applicant may either provide:1. Proof of an open bank account in the United States, or2. Documentation of an open bank account in the country in which the covered entity is located. This documentation must be accompanied by a signed attestation of an officer or director of the applicant's employer to ARB as follows: "I certify under penalty of perjury under the laws of the State of California that the person requesting access to the market tracking system will be designated as an account representative for this entity. This entity is a covered entity under the California Cap-and-Trade Regulation and has no personnel residing in the United States with the authority to take actions that are binding on all persons who have an ownership interest with respect to compliance instruments held in the account for this entity."(5) Employment or other relationship to an entity that has registered or has applied to register with the California Cap-and-Trade Program if the individual is or will represent an entity registering or registered pursuant to section 95830;(6) A government-issued document providing photographic evidence of identity of the applicant which may include: (A) A valid government-issued identity card or driver's license with an expiration date and date of birth; or(7) Any criminal conviction declared in any jurisdiction during the previous five years constituting a felony under U.S. federal law or California law, or the equivalent thereof. This disclosure must include the type of violation, jurisdiction, and year.(c) An individual who will become an account representative or viewing agent of a covered entity or opt-in covered entity as defined in section 95802 may choose to provide documentation pursuant to section 95834(b) directly to their employer instead of to ARB. An entity's director or officer disclosed pursuant to section 95830(c)(1)(B) must confirm that the individual meets the Know-Your-Customer Requirements described in section 95834 and that the entity will retain the documentation. (1) The covered entity or opt-in covered entity must verify the identity of the individual and confirm that the individual does not have a criminal conviction constituting the equivalent of a felony under U.S. federal law or California law, or the equivalent thereof, in any jurisdiction during the previous five years.(2) A director or officer of the covered entity who has been disclosed pursuant to section 95830(c)(1)(B) must complete an attestation to verify the accuracy and veracity of the documentation submitted pursuant to section 95834(b).(3) The documents submitted by the individual shall be retained by the entity, and the Executive Officer or his/her designated representative shall be permitted, at any time, to review and audit the documentation. The covered or opt-in covered entity must provide this documentation to the Executive Officer or his/her designated representative within 5 calendar days of a request by the Executive Officer.(d) Verification of information. (1) One of the documents submitted pursuant to section 95834 must be notarized by a notary public no more than three months before submittal.(2) The notary stamp or seal, the notary public's name, the county or state of the notary public's place of business, and the commission expiration date must be legible.(3) If a notary is obtained from outside of the United States, an apostille must be submitted to confirm that the individual who notarized the document had valid commission at the time that the document was notarized. The apostille must be attached to the notarized document.(4) The Executive Officer may re-verify all documents required pursuant to Section 95834 at least every two years. To allow verification, upon request and within ten days, the individual must provide updated documentation required pursuant to 95834(b).Cal. Code Regs. Tit. 17, § 95834
1. New section filed 12-13-2011; operative 1-1-2012 pursuant to Government Code section 11343.4 (Register 2011, No. 50).
2. Amendment of section heading and repealer and new section filed 8-29-2012; operative 9-1-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 35).
3. New subsection (c)(2) filed 6-26-2014; operative 7-1-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 26).
4. Amendment filed 9-18-2017; operative 10-1-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 38).
5. Amendment of subsections (b), (b)(4)(A) and (c)(2) filed 3-29-2019; operative 3-29-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 13). Note: Authority cited: Sections 38510, 38560, 38562, 38570, 38571, 38580, 39600 and 39601, Health and Safety Code. Reference: Sections 38530, 38560.5, 38564, 38565, 38570 and 39600, Health and Safety Code.
1. New section filed 12-13-2011; operative 1-1-2012 pursuant to Government Code section 11343.4 (Register 2011, No. 50).
2. Amendment of section heading and repealer and new section filed 8-29-2012; operative 9-1-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 35).
3. New subsection (c)(2) filed 6-26-2014; operative 7/1/2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 26).
4. Amendment filed 9-18-2017; operative 10/1/2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 38).
5. Amendment of subsections (b), (b)(4)(A) and (c)(2) filed 3-29-2019; operative 3/29/2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 13).