CAMS · Question #432
When a financial institution is requested to provide data and information to a law enforcement agency for matters related to financing of terrorism, assistance:
The correct answer is D. cannot be refused on the grounds of bank secrecy. In terrorism financing matters, bank secrecy laws cannot be used by a financial institution to refuse providing information to law enforcement, as international CFT obligations override confidentiality protections.
Question
When a financial institution is requested to provide data and information to a law enforcement agency for matters related to financing of terrorism, assistance:
Options
- Acan be refused on the grounds of tipping-off.
- Bcannot be refused on the grounds of tipping-off.
- Ccan be refused on the grounds of bank secrecy.
- Dcannot be refused on the grounds of bank secrecy.
How the community answered
(31 responses)- A3% (1)
- B10% (3)
- C6% (2)
- D81% (25)
Why each option
In terrorism financing matters, bank secrecy laws cannot be used by a financial institution to refuse providing information to law enforcement, as international CFT obligations override confidentiality protections.
Tipping-off provisions prohibit disclosing to a suspect that a report has been filed or an investigation is underway; they are not a mechanism that permits an institution to refuse data requests from law enforcement.
While tipping-off is indeed not valid grounds for refusing law enforcement, this framing conflates two distinct concepts - tipping-off governs disclosure to suspects, not cooperation with law enforcement, making it an irrelevant basis for refusal in this context.
Bank secrecy cannot be invoked to obstruct terrorism financing investigations; this is precisely what answer D refutes, and claiming it as valid grounds would violate both FATF standards and applicable national CFT laws.
FATF Recommendation 9 explicitly requires that countries ensure bank secrecy laws do not obstruct the implementation of counter-terrorism financing measures, including cooperation with law enforcement. Financial institutions are therefore legally obligated to provide requested data in terrorism financing investigations and cannot invoke customer confidentiality as grounds for refusal.
Concept tested: Bank secrecy limits in counter-terrorism financing cooperation
Source: https://www.fatf-gafi.org/en/topics/fatf-recommendations.html
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