The US announced at the end of last week that it is to take action against the
Ukraine and Nauru for their failure to control money-laundering and terrorist
financing under Section 311 of the USA PATRIOT ACT. This is the first time that
the Act has been used in this way.
Said Deputy Treasury Secretary Kenneth Dam: "With our designations today
under Section 311, we are signaling to the world that we are serious about ensuring
that the international financial system is safeguarded against the threat of
money laundering. Our words have meaning and our actions have real teeth: these
jurisdictions are bad for business, and US institutions now must recognize this
fact."
“We are telling the world clearly that these jurisdictions . . . . financial
controls cannot be trusted. We are serious about ensuring that the international
financial system not be abused by money launderers, terrorist financiers, and
other criminals."
"Our use of Section 311 today to designate two jurisdictions as "primary
money laundering concerns" is yet another tool that we are using to ensure
the international financial system is not abused by criminals. The world stands
on notice: these jurisdictions do not take the fight against money laundering
and financial crime seriously."
Section 311 (31 U.S.C. 5318A) authorizes the Treasury to designate a foreign
jurisdiction, financial institution, class of transactions, or type of account
as being of “primary money laundering concern,” and to impose one
or more of five “special measures.”
Four of the special measures impose information-gathering and record-keeping
requirements upon those US financial institutions dealing either directly with
the jurisdiction designated as one of primary money laundering concern, or dealing
with those having direct dealings with the designated jurisdiction. Under the
fifth special measure, a US financial institution may be prohibited from opening
or maintaining in the US a correspondent account or a payable-through account
for a foreign financial institution if the account involves the designee.
As regards the Ukraine, it was designated as being of “primary money laundering
concern” on December 20, 2002. The Treasury intends to impose requirements
on US financial institutions based on Special Measures 1 – 4, and is soliciting
comments from US financial institutions regarding the parameters of the proposed
special measure.
Nauru was also designated as being of “primary money laundering concern”
on December 20, 2002. The Treasury intends to impose Special Measure 5, which
will prohibit US financial institutions from opening or maintaining correspondent
accounts with Nauru-licensed financial institutions.