What do we mean when we ask you if “are you, or have you been in recent years, a politically exposed person (PEP)? Do you have any business relationship with, or are you an immediate family member (parent, child, spouse or partner) of someone who is or has been a politically exposed person?”
In accordance with the provisions of the European and Spanish regulations to which Nebeus is subject, persons with public responsibilities are considered to be natural persons who hold or have held important public functions, such as heads of state, heads of government, ministers or other members of government, secretaries of state or undersecretaries; parliamentarians; judges of supreme courts, constitutional courts or other high courts whose decisions are normally not subject to appeal, except in exceptional circumstances, including equivalent members of the Public Prosecutor's Office; members of courts of auditors or central bank boards; ambassadors and chargés d'affaires; senior military personnel of the armed forces; members of the administrative, management or supervisory bodies of publicly owned companies; directors, deputy directors and members of the board of directors, or equivalent function, of an international organisation; and senior management positions in political parties with parliamentary representation.
The following shall also be considered Persons with Public Responsibility:
a) Persons, other than those listed in the previous section, who are considered senior officials in accordance with the provisions of Article 1 of Law 3/2015 of 30 March, regulating the exercise of senior positions in the General State Administration.
b) Persons who hold or have held important public functions at the Spanish regional level, such as presidents and councillors and other members of governing councils, as well as persons who hold positions equivalent to those listed in letter a) and regional deputies and senior management positions in political parties with regional representation.
c) At the local level in Spain, mayors, councillors and persons holding positions equivalent to those listed in point a) in provincial capitals, autonomous communities and local authorities with more than 50,000 inhabitants, as well as senior management positions in political parties with representation in those constituencies.
d) Senior management positions in Spanish trade unions or business organisations.
e) Persons who perform important public functions in international organisations accredited in Spain. These organisations must draw up and keep up to date a list of these public functions in accordance with the provisions of this section.
None of the categories provided for in the preceding sections shall include middle or lower-level public employees.
For these purposes, a family member shall be considered to be a spouse or person linked by a stable relationship of a similar nature, as well as parents and children, and spouses or persons linked to children by a stable relationship of a similar nature.
Any natural person who is known to hold ownership or control of a legal instrument or person jointly with a person with public responsibility, or who maintains other types of close business relationships with that person, or who holds ownership or control of a legal instrument or person that is known to have been established for the benefit of that person, shall be considered a close associate.