Patriot Act due diligence rules finalised
Section 312 demands closer AML inspection of foreign banks
The Financial Crimes Enforcement Network (FinCEN) has issued final rules mandating enhanced risk-based due diligence requirements for US institutions in their relationships with certain foreign banks.
Under the new rules clarifying and finalising Section 312 of the US Patriot Act, US financial institutions must identify the owners of potentially suspect foreign banks if they are not publicly traded and ascertain whether such banks provide correspondent accounts to other foreign banks, thereby providing them with access to the US financial system.
The new provision also mandates that, in making their risk assessments, financial institutions should consider the nature of a foreign bank’s business, available information on the foreign bank’s anti-money laundering (AML) record, and information on the nature of the foreign supervisory regulations under which the bank is operating.
Section 312 of the controversial Patriot Act requires US financial institutions to perform due diligence, and in some cases enhanced due diligence, regarding accounts established for foreign financial institutions and private banking accounts established for non-US nationals.
The final rule applies to the accounts of a small category of foreign banks, including those with offshore banking licences, and certain high-risk banks subject to international or US Treasury determinations.
“As international anti-money laundering standards improve globally, risk assessments for foreign banks should become easier to conduct. Common standards are increasingly protecting both sides of the international relationship and US banks can take comfort in the fidelity of their foreign customers while foreign banks will find it easier to process their US transactions,” says James Freis, director of FinCEN.
The final rule completes the implementation of Section 312, following a lengthy consultation period on appropriate due diligence requirements for the banking activities of non-US persons.
The changes to Section 312 are effective from September 10, 2007. Enhanced due diligence requirements are set to apply from February 5, 2008.
Only users who have a paid subscription or are part of a corporate subscription are able to print or copy content.
To access these options, along with all other subscription benefits, please contact info@risk.net or view our subscription options here: http://subscriptions.risk.net/subscribe
You are currently unable to print this content. Please contact info@risk.net to find out more.
You are currently unable to copy this content. Please contact info@risk.net to find out more.
Copyright Infopro Digital Limited. All rights reserved.
As outlined in our terms and conditions, https://www.infopro-digital.com/terms-and-conditions/subscriptions/ (point 2.4), printing is limited to a single copy.
If you would like to purchase additional rights please email info@risk.net
Copyright Infopro Digital Limited. All rights reserved.
You may share this content using our article tools. As outlined in our terms and conditions, https://www.infopro-digital.com/terms-and-conditions/subscriptions/ (clause 2.4), an Authorised User may only make one copy of the materials for their own personal use. You must also comply with the restrictions in clause 2.5.
If you would like to purchase additional rights please email info@risk.net
More on Regulation
Dispute emerges over ‘ambiguity’ of perp markets
Kalshi execs hit back at report’s findings of regulatory fogginess
EBA brainstorming ways to make capital rules competitive
Watchdog aims to provide advice on future revisions before year-end
FRTB revamp won’t restore models to past glory, risk managers say
US-inspired reform only expected to lead to small boost in adoption, with limited desks on IMA
Regulators must think bigger to tackle tech risks, says Hong Kong SFC
Leung warns AI adoption and recent cyber scares show new threats require global co-operation
Time to let some air out of the banking system?
Watchdogs worry about lowering standards, but policy-makers eye growth – they face a difficult dilemma
Competitiveness mandate for Esma faces uphill battle
European Parliament offers last chance to force Esma to take more nuanced approach
Europe expects FRTB to bite on XVA hedges
Risk Benchmarking: One-third of European dealers fear new market risk rules will have major effect on hedges
Burning ambition: will Europe join the US in setting fire to the rules?
As the US dismantles post-crisis regulations, some think Europe will follow in a bid to boost economic growth