New money-laundering proposals
in Congress have U.S. Bankers worried they may lose most of their
international business to foreign competitors. The proposed legislation
aims to stiffen regulation of U.S. Banks' international operations
by placing restrictions on the sort of foreign banks U.S. banks
can set up as correspondents, the offshore financial centers that
can be used by U.S. banks and the type of private banking transactions
U.S. banks can process.
The new bill comes hot on the
heels of two international banking scandals involving prominent
U.S. banks Citigroup and Bank of New York and growing domestic
concern about criminal abuse of the U.S. financial system by foreigners.
One of the most significant aspects of the bill is the requirement
that private banking customers disclose large amounts of information
and prove that funds being deposited with U.S. banks do not come
from criminal origins.
In addition to tougher regulations
the bill also contains tougher enforcement measures. It proposes
that any transaction classed as tax evasion, flight capital, or
a violation of non-U.S. foreign exchange regulations would be
subject to criminal sanctions rather than civil penalties, and
would also prosecute for money laundering any U.S. bank handling
funds originating from violations of foreign laws.
The U.S. banking industry
has not reacted well to the proposed new laws. John Byrne of the
American Bankers Association said, "We don't believe the proposals
are necessary and we are very concerned about the direction our
policymakers seem to be going. We already have in place all the
laws we need and this will only make it more difficult for foreign
customers to do business with U.S. institutions."
Another banking industry representative
who wished to remain anonymous said that "This is becoming a big
cops-and-robbers game between the Justice Department and Treasury
on one hand and suspect foreigners on the other. Banks have gotten
caught in the middle."