USA PATRIOT Act, Title III, Subtitle A - Sec. 312. Special Due Diligence For Correspondent Accounts and Private Banking Accounts

Sec. 312. Special Due Diligence For Correspondent Accounts and Private Banking Accounts

Extra due diligence requirements were added to 31 U.S.C. ยง 5318. Each financial institution that has a correspondent back account held and managed on behalf of a non-U.S. person must enable (or in some cases enhance) their due diligence policies, procedures and controls to detect and report instances of money laundering. The due diligence requirements focus on identifying the direct and indirect (beneficial) owners of the accounts.

Financial institutions must now undertake steps to identify the owners of any non-U.S. bank that is not publicly listed, along with the interests of each of the owners in the bank. It is expected that additional scrutiny will be applied by the U.S. institution to such banks to make sure they are not engaging in money laundering. Reasonable efforts must be undertaken to determine whether the non-U.S. bank provide correspondent back accounts to other foreign banks, and if it is discovered they do the U.S. financial institution is expected to try to identify the foreign banks the non-U.S. bank deals with.

Similarly, U.S. financial institutions must also identify the nominal and beneficial owners of any private bank account opened and maintained in the U.S. by non-U.S. citizens. The institution must undertake enhanced scrutiny of the account if it is owned by, or is being maintained on behalf of, any senior political figure where there is reasonable suspicion of corruption. A "private bank account" is defined as any account that has over $US1 million deposited by one or more people who have a direct or beneficial ownership of the account. Further, the account must be administered in whole or in part by an employee, officer or agent of a financial institution, and who acts as a liaison between the institution and the owners of the account.

Read more about this topic:  USA PATRIOT Act, Title III, Subtitle A

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