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CAMS · Question #2

The USA PATRIOT Act requires United States (U.S.) financial institutions to collect certain information from non-U.S. banks that hold a correspondent account. Which two pieces of information must a…

The correct answer is A. The name and address of all shell banks the bank maintains accounts for D. The name and address of a U.S. person who is authorized to receive service of legal process for. According to Section 313 of the USA PATRIOT Act, U.S. financial institutions are prohibited from maintaining correspondent accounts for foreign shell banks, which are banks that have no physical presence in any country and are not affiliated with a regulated financial group…

Compliance Standards (International AML/CFT Standards and the role of FATF)

Question

The USA PATRIOT Act requires United States (U.S.) financial institutions to collect certain information from non-U.S. banks that hold a correspondent account. Which two pieces of information must a non-U.S. bank provide to its U.S. correspondent to enable them to comply with this requirement? (Choose two.)

Options

  • AThe name and address of all shell banks the bank maintains accounts for
  • BThe name and address of all beneficial owners who own 25% or more of the bank
  • CPrompt notice of any suspicious activity it detects on any customer who uses the correspondent
  • DThe name and address of a U.S. person who is authorized to receive service of legal process for

How the community answered

(60 responses)
  • A
    72% (43)
  • B
    10% (6)
  • C
    18% (11)

Explanation

According to Section 313 of the USA PATRIOT Act, U.S. financial institutions are prohibited from maintaining correspondent accounts for foreign shell banks, which are banks that have no physical presence in any country and are not affiliated with a regulated financial group. Therefore, a non-U.S. bank must provide the name and address of all shell banks that it maintains accounts for, if any, to its U.S. correspondent. This is to ensure that the U.S. financial institution does not indirectly provide services to shell banks, which pose a high risk of money laundering and terrorist financing. According to Section 319 (b) of the USA PATRIOT Act, U.S. financial institutions that provide a correspondent account to a foreign bank must maintain records of the owners of the foreign bank and the name and address of a U.S. person who is authorized to receive service of legal process for records regarding the correspondent account. This is to facilitate the access of U.S. law enforcement authorities to information related to the correspondent account in case of an investigation or a subpoena.

Topics

#USA PATRIOT Act#correspondent banking#shell banks#legal process agent

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