17 January 2001
Source: http://usinfo.state.gov/cgi-bin/washfile/display.pl?p=/products/washfile/latest&f=01011604.clt&t=/products/washfile/newsitem.shtml


US Department of State
International Information Programs

Washington File
_________________________________

16 January 2001  

U.S. Government Issues New Money Laundering Guidance

(Will help banks avoid corrupt foreign officials)(3870)

The U.S. government has released new guidance to help U.S. financial
institutions avoid transactions that may involve the proceeds of
foreign official corruption.

The U.S. Department of the Treasury, the Federal Reserve Board, the
Office of the Comptroller of the Currency, the Federal Deposit
Insurance Corporation, the Office of Thrift Supervision, and the
Department of State jointly prepared the guidance as part of the
National Money Laundering Strategy.

The guidance, released January 16, encourages U.S. financial
institutions to apply a high-level of scrutiny to large accounts and
transactions that may involve the proceeds of corruption by senior
foreign political figures, their immediate families or close
associations, says a Treasury Department press release.

The guidance provides suggested account establishment and maintenance
procedures that are intended to help institutions obtain appropriate
information on accounts held by such persons, as well as a list of
potentially suspicious transactions that often warrant extra scrutiny.

Following is the text of the guidance:

(The guidance is also on the Internet at:
http://www.treas.gov/press/releases/ps1123.htm )

(begin text)

GUIDANCE ON ENHANCED SCRUTINY FOR TRANSACTIONS THAT MAY
INVOLVE THE PROCEEDS OF FOREIGN OFFICIAL CORRUPTION

ISSUED BY THE DEPARTMENT OF THE TREASURY,  THE BOARD OF 
GOVERNORS OF THE FEDERAL RESERVE SYSTEM,  THE OFFICE OF THE
COMPTROLLER OF THE CURRENCY, THE FEDERAL DEPOSIT INSURANCE
CORPORATION, THE OFFICE OF THRIFT SUPERVISION AND THE DEPARTMENT OF
STATE
January 2001


I. Introduction

Action Item 2.1.1 of the National Money Laundering Strategy for 2000
calls for "[t]he Departments of the Treasury and Justice, and the
federal bank regulators, [to] work closely with the financial services
industry to develop guidance for financial institutions to conduct
enhanced scrutiny of those customers and their transactions that pose
a heightened risk of money laundering and other financial crimes." The
expert-level working group convened to develop this Guidance, which
was chaired by the Deputy Secretary of the Treasury and counted among
its members representatives of each of the federal financial
institutions supervisory agencies, concluded that there are several
areas of potentially high-risk activity for which enhanced scrutiny
may be appropriate. Initially, the working group has developed
guidance for one type of high-risk activity -- namely, transactions
involving senior foreign political figures, their immediate family or
their close associates that may involve the proceeds of foreign
official corruption. This "Guidance on Enhanced Scrutiny for
Transactions that May Involve the Proceeds of Foreign Official
Corruption" is being issued by the Department of the Treasury, the
Board of Governors of the Federal Reserve System, the Office of the
Comptroller of the Currency, the Federal Deposit Insurance
Corporation, the Office of Thrift Supervision, and the Department of
State.

The working group determined to focus initially on transactions by
senior foreign political figures and their close associates that may
involve the proceeds of foreign official corruption for several
reasons. First, while all significant corruption adversely affects
individual segments in an economy, high-level corruption can be
particularly damaging to a nation's economy and development. This sort
of corruption can undermine local efforts to establish and strengthen
market-based economic systems; interfere with the international
community's efforts to support and promote economic development;
discourage foreign private investment; and foster a climate conducive
to financial crime and other forms of lawlessness. The impact of this
form of corruption is felt disproportionately by developing nations.
And this form of corruption directly impedes the achievement of a core
United States diplomatic and international economic policy objective
-- namely, the promotion of democratic institutions and economic
development around the world. It is thus squarely in the United
States' interest to combat this form of corruption. Depriving corrupt
officials access to well-established international financial markets,
including the United States financial system, can contribute
significantly to achieve this goal.

Second, a financial institution that engages in a financial
transaction, knowing that the property involved in the transaction
represents the proceeds of foreign official corruption, may be
involved in the crime of money laundering under United States law, if
the proceeds involved in the transactions were generated by a
"specified unlawful activity," and if the other statutory elements are
met See 18 U.S.C. 1956 & 1957.

Third, regardless of whether the funds involved in the transaction
constitute "proceeds" for the purposes of U.S. criminal money
laundering laws, business relationships with persons who have
high-ranking public positions in foreign governments, or other closely
related persons or entities, can, under certain circumstances, expose
financial institutions to significant risk, especially if the person
involved comes from a country in which corruption and the illicit use
of public office to obtain personal wealth may be widespread. This
risk is even more acute if the person involved comes from a country
whose counter-money laundering regime does not meet international
financial transparency standards. Financial institutions that engage,
directly or indirectly, in business relationships with senior
political figures or closely related persons from such countries thus
may be subjecting themselves to significant legal risks, reputational
damage, or both.

To assist financial institutions in ensuring that they do not
unwittingly hide or move the proceeds of foreign official corruption,
this document provides guidance to financial institutions in applying
enhanced scrutiny to transactions by senior foreign political figures
and closely related persons and entities. This Guidance is intended to
help financial institutions more effectively detect and deter
transactions that involve the proceeds of foreign corruption, and thus
better protect themselves from being used as a conduit for such
transactions. This Guidance contains suggested procedures for account
opening and maintenance for persons known to be senior foreign
political figures, their immediate family or their close associates.
It also contains a list of questionable or suspicious activities that,
when present, often will warrant enhanced scrutiny of transactions
involving such persons.

Banks should apply this Guidance to their private banking activities
and accounts, and also may wish to apply this Guidance in connection
with high dollar-value accounts or transactions in other relevant
areas of their operations. Similarly, other financial institutions
should apply this Guidance, as applicable, in connection with high
dollar-value accounts or transactions in relevant parts of their
operations. (Where this document refers to "accounts" and "business
relationships," it should be read and understood in this fashion.)

This Guidance is intended to build upon financial institutions'
existing due diligence and anti-money laundering programs, policies,
procedures and controls, and to assist financial institutions in the
continuing design and development of comprehensive due diligence
programs to identify and manage particular risks that may exist. Sound
risk management policies and procedures vary among financial
institutions and, therefore, the application of this Guidance also may
vary among institutions.

This Guidance is not a rule or regulation and should not be
interpreted as such. It is advice that financial institutions are
encouraged to employ in conjunction with policies, practices and
procedures that are in place to enable financial institutions to
comply with applicable laws and regulations and to minimize
reputational risks. The Federal financial institutions supervisory
agencies will continue to monitor whether financial institutions have
appropriate controls to identify and deter money laundering, but will
not examine, review or audit financial institutions solely for
compliance with this Guidance. If, however, deficiencies emerge at a
financial institution that would have been minimized or eliminated if
the advice contained in this Guidance had been followed, the relevant
financial institution supervisor, depending on the severity of the
identified deficiencies, may require that the advice contained in this
Guidance be integrated into the risk management policies and
procedures of the affected institution.

This Guidance is intended to be consistent with applicable civil and
criminal laws as well as the regulations of the particular financial
institution's supervisory or regulatory agency and the Department of
the Treasury. It does not replace, supersede or supplant any financial
institution's legal obligations, nor does compliance with this
Guidance create a "safe harbor" against action by the United States,
any federal agency, or the federal financial institutions supervisory
agencies.

II. Enhanced Scrutiny Guidance

A. General

As described further herein, financial institutions are encouraged to
develop and maintain "enhanced scrutiny" practices and procedures
designed to detect and deter transactions that may involve the
proceeds of official corruption by senior foreign political figures,
their immediate family, or their close associates. These practices and
procedures should be viewed as an application of institutions' due
diligence and anti-money laundering policies and procedures and should
ensure that institutions report such activity as suspicious in
accordance with applicable suspicious activity reporting requirements.
In order to ensure that practical steps are taken to provide this
enhanced scrutiny, it is prudent practice for a financial institution
to review its practices in this area as part of its overall internal
and external audit.

The manner in which a financial institution may elect to apply the
advice contained in this Guidance will vary depending on the extent of
the risk determined to exist by each institution as a general matter,
given its normal business operations, and in each case as it is
presented. Each financial institution should exercise reasonable
judgment in designing and implementing policies and procedures
regarding senior foreign political figures, their immediate family and
their close associates, and for determining any necessary actions to
be undertaken by the institution regarding their transactions.

This Guidance should not be read or understood as discouraging or
prohibiting financial institutions from doing business with any
legitimate customer, including a senior foreign political figure, or
his or her immediate family or close associates. To the contrary, this
Guidance is designed solely to assist financial institutions in
determining whether a transaction by a senior foreign political
figure, his or her immediate family or his or her close associates
merits enhanced scrutiny so that the institution, through the
application of such scrutiny, is better able to identify and avoid
transactions involving the proceeds of foreign corruption and, as
necessary and appropriate, to file suspicious activity reports.

In undertaking the reasonable steps and reasonable efforts suggested
in this Guidance concerning (1) whether a person or entity is a
Covered Person (see Section II.B), (2) the establishment and
maintenance of accounts for a Covered Person (see Section II.C), and
(3) potentially questionable or suspicious activities involving a
Covered Person's transactions (see Section II.D), a financial
institution should not rely solely on information obtained from the
Covered Person or his or her associates, but should attempt to obtain
additional information from its organization and from independent
sources (see Section II.E.).

B. Definition of Covered Person

For the purposes of this Guidance, a "Covered Person" is a person
identified in the course of normal account opening, maintenance or
compliance procedures to be a "senior foreign political figure," any
member of a senior foreign political figure's "immediate family," and
any "close associate" of a senior foreign political figure.

A "senior foreign political figure" is a senior official in the
executive, legislative, administrative, military or judicial branches
of a foreign government (whether elected or not), a senior official of
a major foreign political party, or a senior executive of a foreign
government-owned corporation. In addition, a "senior foreign political
figure" includes any corporation, business or other entity that has
been formed by, or for the benefit of, a senior foreign political
figure.

The "immediate family" of a senior foreign political figure typically
includes the figure's parents, siblings, spouse, children and in-laws.

A "close associate" of a senior foreign political figure is a person
who is widely and publicly known to maintain an unusually close
relationship with the senior foreign political figure, and includes a
person who is in a position to conduct substantial domestic and
international financial transactions on behalf of the senior foreign
political figure.

When, during its normal account opening, maintenance or compliance
procedures, a financial institution learns of information indicating
that a particular individual may be a senior foreign political figure,
a member of a senior foreign political figure's immediate family, or a
close associate of a senior foreign political figure, it should
exercise reasonable diligence in seeking to determine whether the
individual is, in fact, a Covered Person. We recognize that, in some
instances, it is not possible even through the exercise of reasonable
diligence to determine whether a particular individual is a Covered
Person.

C. Account Establishment and Maintenance Procedures For Covered
Persons

In conjunction with financial institutions' policies, practices and
procedures that are in place to enable financial institutions to
comply with applicable laws and regulations, financial institutions
are encouraged to employ the following practices when establishing and
maintaining a business relationship with a Covered Person:

Ascertain the Identity of the Account Holder and the Account's
Beneficial Owner

If, in the course of normal account opening, maintenance or compliance
procedures with regard to private banking or other applicable
accounts, a financial institution learns of information indicating
that the beneficial owner of the account may be a Covered Person, the
institution should undertake reasonable efforts to determine whether,
in fact, a Covered Person holds or will hold a beneficial interest in
the account. If, after making a reasonable effort to make this
determination, substantial doubt persists as to whether a Covered
Person holds a beneficial interest in the account, the financial
institution may wish not to open the account if the institution is
unable to determine the capacity in which, and on whose behalf, the
proposed account-holder is acting.

If a financial institution is requested to open an account for a
Covered Person who comes from a "secrecy jurisdiction," the financial
institution should require the Covered Person to provide the
information that the institution typically collects to identify the
client and his/her source of funds or wealth at the outset of the
relationship and to waive any secrecy protections provided by local
law so that the institution is able to obtain the information that the
institution typically collects when opening an account for a United
States resident. For the purposes of this Guidance, a secrecy
jurisdiction is a country or territory that, among other things, does
not participate in international counter-money laundering information
sharing arrangements or, either by law or practice, permits account
holders to forbid financial institutions from cooperating with
international efforts to obtain account information as part of an
official investigation.

Each financial institution should undertake reasonable efforts to
determine whether a legitimate reason exists for any request by a
Covered Person to associate any form of secrecy with an account, such
as titling the account in the name of another person (which could
include a family member), personal investment company, trust, shell
corporation or other such entity.

Obtain Adequate Documentation Regarding the Covered Person

Concurrent with establishing a business relationship with a Covered
Person, the financial institution should obtain from the Person (or
others working on his or her behalf ) documentation adequate to
identify the Covered Person. Concurrent with establishing a business
relationship with a Covered Person, the financial institution should
take reasonable steps to assess the Covered Person's business
reputation.

Understand the Covered Person's Anticipated Account Activity

Concurrent with establishing an account for a Covered Person, the
financial institution should document the purpose for opening the
account and the anticipated account activity. The institution should
take reasonable steps to determine whether the Covered Person has any
legitimate business or investment activity in the United States that
would make having an account in the United States a natural
occurrence.

Determine the Covered Person's Source of Wealth and Funds

Each financial institution asked to establish an account for a Covered
Person should undertake reasonable efforts to determine the source of
the Covered Person's wealth, including the economic activities that
generated the Covered Person's wealth and the source of the particular
funds involved in establishing the relationship. Among other things,
the institution should take reasonable steps to determine the official
salary and compensation of the Covered Persons as well as the
individual's known legitimate sources of wealth apart from his or her
official position.

Apply Additional Oversight to the Covered Person's Account

The decision to accept or reject establishing an account for a Covered
Person should directly involve a more senior level of management than
is typically involved in decisions regarding account opening.

All material decisions taken in the course of establishing an account
for a Covered Person should be recorded.

An institution that has determined, in the course of its normal
account opening, maintenance or compliance procedures, that it has
established a business relationship with a Covered Person should
undertake an annual review (or more frequently as events dictate) of
each such Covered Person's account to determine whether to continue
doing that business, including consideration of pertinent account
activity and documentation.

D. Questionable or Suspicious Activities That Often Will Warrant
Enhanced Scrutiny of Transactions Involving Covered Persons

When conducting transactions for or on behalf of Covered Persons,
financial institutions should be alert to features of transactions
that are indicative of transactions that may involve the proceeds of
foreign official corruption. The following non-exhaustive list of
potentially questionable or suspicious activities is designed to
illustrate the sort of transactions involving Covered Persons that
often will warrant enhanced scrutiny, but does not replace, supersede
or supplant financial institutions' legal obligations regarding
potentially suspicious transactions generally. The list should be
evaluated by each financial institution along with other information
the institution may have concerning the Covered Person, the nature of
the transaction itself, and other parties involved in the transaction,
in evaluating a particular transaction. The occurrence of one or more
of the items on the list in a transaction involving a Covered Person
often will warrant some form of enhanced scrutiny of the transaction,
but does not necessarily mean, in itself, that a transaction is
suspicious.

Institutions should pay particular attention to:

A request by a Covered Person to establish a relationship with, or
route a transaction through, a financial institution that is
unaccustomed to doing business with foreign persons and that has not
sought out business of that type; A request by a Covered Person to
associate any form of secrecy with a transaction, such as booking the
transaction in the name of another person or a business entity whose
beneficial owner is not disclosed or readily apparent; The routing of
transactions involving a Covered Person into or through a secrecy
jurisdiction or through jurisdictions or financial institutions that
have inadequate customer identification practices and/or allow third
parties to carry out transactions on behalf of others without
identifying themselves to the institution; The routing of transactions
involving a Covered Person through several jurisdictions and/or
financial institutions prior to or following entry into an institution
in the United States without any apparent purpose other than to
disguise the nature, source, ownership or control of the funds; The
use by a Covered Person of accounts at a nation's central bank or
other government-owned bank, or of government accounts, as the source
of funds in a transaction; The rapid increase or decrease in the funds
or asset value in an account of a Covered Person that is not
attributable to fluctuations in the market value of investment
instruments held in the account; Frequent or excessive use of funds
transfers or wire transfers either in or out of an account of a
Covered Person; Wire transfers to or for the benefit of a Covered
Person where the beneficial owner or originator information is not
provided with the wire transfer, when inclusion of such information
would be expected; Large currency or bearer instrument transactions
either in or out of an account of a Covered Person; The deposit or
withdrawal from a Covered Person's account of multiple monetary
instruments just below the reporting threshold on or around the same
day, particularly if the instruments are sequentially numbered;
High-value deposits or withdrawals, particularly irregular ones, not
commensurate with the type of account or what is known and documented
regarding the legitimate wealth or business of the Covered Person; A
pattern that after a deposit or wire transfer is received by a Covered
Person's account, the funds are shortly thereafter wired in the same
amount to another financial institution, especially if the transfer is
to an account at an offshore financial institution or one in a
"secrecy jurisdiction;" The frequent minimal balance or zeroing out of
an account of a Covered Person for purposes other than maximizing the
value of the funds held in the account (e.g., by placing the funds in
an overnight investment and having the funds then return to the
account); and An inquiry by or on behalf of a Covered Person regarding
exceptions to the reporting requirements of the Bank Secrecy Act
(e.g., Currency Transaction Reports and Suspicious Activity Reports)
or other rules requiring the reporting of suspicious transactions.

E. Sources of Information

In addition to a financial institution's existing information sources,
several sources of information exist that may assist financial
institutions in determining whether to conduct business with an
individual who may be a Covered Person, and in determining whether
such a Person may be engaging in transactions that may involve
proceeds derived from official corruption. While there is no
requirement to do so, a financial institution may wish to consult some
or all of the following sources:

The annual National Money Laundering Strategy issued jointly by the
Department of the Treasury and the Department of Justice
(www.treas.gov/press/releases/reports.htm); Advisories and other
publications issued by the Financial Crimes Enforcement Network
(FinCEN) of the Department of the Treasury (www.treas.gov/fincen);
Evaluations of particular nations in the International Narcotics
Control Strategy Report, prepared annually by the State Department
(http://www.state.gov/www/global/narcotics_law/narcotics.html); The
World Factbook published annually by the Central Intelligence Agency
(www.cia.gov/cia/publications/factbook/index.html); The Department of
State's annual Country Reports on Human Rights Practices
(www.state.gov/www/global/human_rights/drl_reports.html); Reports
issued by the General Accounting Office on international money
laundering issues (www.gao.gov); Publications and other materials
posted on web-sites of United States Government Departments and
Agencies (www.firstgov.gov); Reports issued by Congressional
Committees of hearings and investigations concerning international
money laundering (www.house.gov; www.senate.gov); Reports of the
Financial Action Task Force (FATF) on Money Laundering concerning
countries and territories that are non-cooperative in the
international effort to combat money laundering, as well as the FATF's
annual reports and FATF's annual "Report on Money Laundering
Typologies" (www.oecd.org/fatf); Reports on corruption and money
laundering issued by International Financial Institutions (e.g., the
World Bank (www.worldbank.org), the International Monetary Fund
(www.imf.org)); Reports on crime and corruption prepared by various
components of the United Nations and other multinational institutions
and organizations, such as the Organization for Economic Development
and Cooperation (www.oecd.org), the Organization of American States
(www.oas.org), the Council of Europe (www.coe.fr), the G-7 and the
G-8; Reports prepared by non-government organizations that identify
corruption, fraud and abuse, such as the annual Corruption Perceptions
Index of Transparency International (www.transparency.de); Information
published on the World Wide Web by foreign countries; and Publicly
available sources such as newspapers, magazines and other articles
from information service providers available in hard-copy or from
on-line services.

In addition to these published sources of information, if a financial
institution is unsure whether an individual holds a position within
the government of a particular country, it is encouraged to contact
the United States Department of State at www.state.gov, which may be
able to provide that information.

(end text)

(Distributed by the Office of International Information Programs, U.S.
Department of State.  Web site: http://usinfo.state.gov)