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fincen

FinCEN and the Federal Banking Agencies have issued a joint statement "encouraging innovative industry approaches" to money laundering compliance. It's not long and it encourages both human and technological innovation. But, importantly, it specifically says that it does not require those who don't need it to jump into NewTech just because it's there. It also says banks are free to fail when trying new things. It also says that some NewTech might result in regulators finding out things companies might rather they didn't.

BIScom Subsection: 

A notice, relating to the findings of the Financial Action Task Force relating to deficiencies in the counter-money laundering / anti-terrorist financing regimes of several jurisdictions, has been issued by the USA's Financial Crimes Enforcement Network, FinCEN.

Organised by Casino Essentials, a three-day conference and exhibition started in Las Vegas yesterday with the opening Keynote Presentation by Kenneth Blanco, Director, FinCEN. Before he got down to the nitty-gritty yesterday, Blanco was chummy with the lawyers and gaming industry reps and in his remarks prepared in advance he said "Thank you for that wonderful introduction, Jim" and "Thank you so much, Mindy, for inviting FinCEN to be a part of this event." So, chummy and psychic? How did the rest of his speech go? We know...

FinCEN can't make its mind up. On 16 May this year, FinCEN granted to covered financial institutions a 90 day exception from the requirement to comply with the " Beneficial Ownership Rule for Legal Entity Customers." Leaving aside the fact that, as with the UK's draft Bill, the term "Beneficial Owner" has been co-opted from an entirely different area of law and is therefore a cause for confusion, FinCEN Is up to its old tricks of mitigating the effect of a Rule while pretending that the USA has a strong counter-money laundering regime. The 90 days is up and, guess, what? FinCEN has extended it. What is going on?

One has to wonder what is happening at FinCEN's media room. As if its abolition of the possessive apostrophe in its emails isn't illiterate enough, they often make no sense. Here's an example in which both the English (American, we should say) doesn't make sense and the subject matter is, well, bemusing. Here comes the tech bit..

FCRO Subsection: 

FinCEN's biggest problem is that it is incredibly low profile and hardly anyone knows what it is or, even, in broad terms what it does. That's been its problem since its early days. For years it dined out on the single case that really hit the news: the Black Market Peso Exchange but that was old hat even in the late 1990s. Now it's got a new plan and it's aping, well, everyone else who wants to get their name in the papers. (free content)

FCRO Subsection: 

A correspondent asks "As a UK individual how do I report / alert the US authorities to the a craptocurrency used by employees and the Chairman of a group of companies with offices in St Louis, Missouri ?"

Here's the answer, and it explains differences between OFAC and FinCEN, etc. reports.

BIScom Subsection: 

The cost of compliance and risk management in financial institutions is an eternal bone of contention. US regulators The Financial Crimes Enforcement Network (FinCEN) and The Office of the Comptroller of the Currency together with the criminal prosecutors at The U.S. Department of Justice have agreed a USD185 million civil money penalty against US Bank National Association, in essence for failing to apply sufficient resources to its counter-money laundering policies and systems.

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"The U.S. Department of the Treasurys (sic) Financial Crimes Enforcement Network (FinCEN) today issued a finding and notice of proposed rulemaking (NPRM), pursuant to Section 311 of the USA PATRIOT Act, seeking to prohibit the opening or maintaining of a correspondent account in the United States for, or on behalf of, ABLV Bank. FinCEN is proposing this action based on its finding set out in the NPRM that ABLV is a foreign bank of primary money laundering concern," says an e-mail from FinCEN. FinCEN says there are links to North Korea and the case is a warning to all banks that do business with NoKo or representatives of its regime. But the USA is mightily cross at links with several other countries with which relations are souring.

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