As reported in Tax-news.com
last week, 11 major banks have agreed a package of measures to
combat money laundering. These Wolfsberg guidelines, named after
the Swiss town where they were formulated and drawn up in conjunction
with the anti-corruption pressure group, Transparency International
(TI), were outlined a week ago and made public yesterday in Zurich.
The package of anti-money
laundering measures has been seen partly as a bid to counter allegations
that banks are not doing enough to prevent dirty money entering
the global financial system. The banks party to the new code are
ABN AMRO, Banco Santander, Barclays, Citigroup, Chase Manhattan,
Credit Suisse Group, Deutsche Bank, HSBC Holdings, JP Morgan,
Societe Generale and UBS. Other banks are being encouraged to
join in. Hans-Peter Bauer, chief risk officer of UBS, said: 'This
should be seen as a clear recognition by the private commercial
banks of their responsibility in the fight against serious international
crime.'
In practice,the new
principles are intended to help banks secure the accurate identity
of individuals opening private bank accounts. It is often the
case that individuals seek anonymity for themselves by using third
parties to represent them on opening accounts and the guidelines
state clearly: 'Beneficial ownership must be established for all
accounts.'
The chairman of Transparency
International, Peter Eigen, said that his organisation had served
as a catalyst for the leading banks to work together to try to
make it harder for the less-than-scrupulous to deposit their ill-gotten
gains in the worlds banking system. He said: 'We have provided
expert advice throughout a process that now commits the senior
managements of the participating banks to the enforcement of the
principles that are being published.'
The principles deal
with various aspects of "know your customer" policies
with regards to wealthy individuals and the private banking departments
of financial institutions. They also deal with the identification
and follow-up of unusual or suspicious activities. Under the new
code, the banks would only accept those clients who could reasonably
show the source of their wealth was legitimate and whose identity
could be clearly established. In the case of intermediaries, banks
would have to establish who ultimately owns the funds. The guidelines
state: 'The bank will apply heightened scrutiny to clients and
beneficial owners resident in and funds from countries identified
by credible sources as having inadequate anti money-laundering
standards or representing high-risk for crime and corruption.'
Mark Pieth, a Swiss
money laundering expert and chair of the OECD's Working Group
on Bribery, advised both the banks and TI during their talks.
He said that this was the first time that a raft of banks had
agreed to come together to fine-tune the "know your customer"
rules and that the initiative, which was "highly significant"
in the OECD's work against corruption, filled a hole left by government
regulators: 'It helps to make it far more difficult to create
slush funds for bribery or to hide corruption money in the regulated
banking sector, since the level of awareness is raised substantially,
and in an internationally standardised way,' he said.
The banks, however,
have reacted cautiously to the suggestion of enforced regulation.
Reinout van Lennep, head of ABN Amro private banking, commented:
'These principles reflect decent and adequate standards; we neither
expect nor wish to see the standards being raised higher.'