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Broker-dealers also must take steps to ensure that they are not indirectly providing correspondent banking services to foreign shell banks through foreign banks with which they maintain correspondent relationships. Proposed Rule: 67 Fed. Alpine Securities Corp. Meyers Associates , Complaint No. FBARs are filed using Form This source tool represents the views of the staff of the Division of Examinations. This source tool, like all staff guidance, has no legal force or effect: it does not alter or amend applicable law, and it creates no new or additional obligations for any person.
Usajobs resume builder format ofac finra
Deficient SAR Narratives. None of these SARs suggests that the filing was simply a voluntary act. Deposit-and-Liquidation Patterns. The SEC sought summary judgment on SARs that were filed long after the transactions at issue, often more than six months later. Failure to Maintain Support Files. Finally, the court granted summary judgment to the SEC on its claim that Alpine failed to maintain support files for of its SARs as required by Section Among other things, broker-dealers may consider reviewing their practices and procedures in light of the red flags identified by the SEC and the court, as well as the various FinCEN guidance documents upon which the court relied.
To the extent form templates are used for SAR narratives, broker-dealers should consider taking steps to ensure that employees have adequate training to build out these narratives to account for the particular circumstances at issue, and that quality assurance procedures are in place in addition to annual testing. Finally, it remains essential that broker-dealers file timely SARs, document their filing decisions, and maintain the required supporting information.
Alpine Sec. Y Dec. June 18, By their nature, SAR narratives are subjective, and examiners generally should not criticize the bank’s interpretation of the facts. The SEC brought a parallel cease-and-desist proceeding against the same broker-dealer.
See U. June 5, , available here. The court noted that the SAR form was materially similar. See 68 Fed. Search SEC. Securities and Exchange Commission. This guide was last updated on May 16, When using this research tool, you should keep the following in mind: First, broker-dealers are responsible for complying with all AML requirements to which they are subject. Chapter X. The General Provisions Part Part contains regulatory requirements that apply to more than one type of financial institution, and in some cases, individuals.
The financial-institution-specific parts contain regulatory requirements specific to a particular type of financial institution. Part pertains to broker-dealers 31 C. Exchange Act Rule 17a 17 C. An AML program must be in writing and include, at a minimum: policies, procedures, and internal controls reasonably designed to achieve compliance with the BSA and its implementing rules; policies and procedures that can be reasonably expected to detect and cause the reporting of transactions under 31 U.
These should include, but not be limited to procedures to: 1 identify and verify the identity of customers, 2 understand the nature and purpose of customer relationships to be able to develop a risk profile and 3 conduct ongoing monitoring to identify and report suspicious transactions as well as maintain and update customer information, including beneficial ownership information for legal entity customers.
See also 68 Fed. See also 67 Fed. The letters provide staff no-action statements regarding broker-dealers relying on investment advisers to conduct the required elements of the CIP rule. I, Issue 1 Sept. Beneficial Ownership Covered financial institutions are required to establish and maintain written procedures that are reasonably designed to identify and verify beneficial owners of legal entity customers and to include such procedures in their anti-money laundering compliance program required under 31 U.
Beneficial owner means each of the following: Each individual, if any, who, directly or indirectly, through any contract, arrangement, understanding, relationship or otherwise, owns 25 percent or more of the equity interests of a legal entity customer; and A single individual with significant responsibility to control, manage, or direct a legal entity customer, including: An executive officer or senior manager e. If a trust owns directly or indirectly, through any contract, arrangement, understanding, relationship or otherwise, 25 percent or more of the equity interests of a legal entity customer, the beneficial owner shall mean the trustee.
Adopting Release: 81 Fed. See also 31 C. Adopting Release: 67 Fed. Proposed Rule: 66 Fed. Adopting Releases : 71 Fed. Proposed Rule: 67 Fed. Interim Final Rule: 67 Fed. See also : 31 C. Adopting Release: 71 Fed. Affiliates Nov. FBAR: 31 C. Adopting Release: 76 Fed. CMIR: 31 C. Source Documents: Joint Rule: 31 C. Travel Rule: 31 C. Source Documents: Section a Rule: 31 C.
Proposed Rule Release: 74 Fed. Broadening Access to the a program: 75 Fed. Source Documents: Section b Rule: 31 C. FinCEN b Webpage provides information on section b and an online registration system.
Source Documents: Section Special Measures. In general, OFAC regulations require broker-dealers to: block accounts and other property or property interests of entities and individuals that appear on the SDN list and blocked persons or entities that are blocked by operation of law; block accounts and other property or property interests of governments, other entities and individuals subject to blocking under OFAC country-based programs; and reject prohibited, unlicensed trade and financial transactions, including those with OFAC-sanctioned countries.
Other lists of countries supporting international terrorism may be available at: U. State Dept. FATF: www. David W. Alpine Securities Corp. Alpine Securities Corporation , No. Complaint , Litigation Release No.
Biltmore International Corp. Vandham Securities Corp. TD Ameritrade, Inc. SEC v. Spencer Edwards, Inc. Meyers Associates , Complaint No. Merrimac Corporate Securities Inc. Wood Arthur W.