US TREASURY ANNOUNCES 2023 DE-RISKING STRATEGYMANDATED BY CONGRESS IN THE ANTI-MONEY LAUNDERING ACT OF 2020

On 25 April, the US Treasury says that this if the first of its kind, and examines the phenomenon of financial institutions de-risking and its causes, and it identifies those greatest impacted. It also offers recommended policy options to combat it.  It explains that de-risking occurs when financial institutions terminate or restrict business relationships indiscriminately with broad categories of customers rather than analysing and managing the risk of those customers.  It is said that the strategy reflects the Biden-Harris Administration’s priority to shape a safer, more transparent, and more accessible financial system, while at the same time maintaining a robust framework to protect the US financial system from illicit actors and bolstering national security.  The US Treasury has issued a fact sheet which summarises key findings and policy recommendations to address the issue of de-risking, which refers to financial institutions terminating or restricting business relationships indiscriminately with broad categories of customers rather than analysing and managing the specific risks associated with those customers.  Unsurprisingly, it was found that profitability is the primary factor (though not alone) in financial institutions’ de-risking decisions.  Those most affected are –

  • Small and medium-size Money Service Businesses (MSB) that offer money transmitting services;
  • Non-Profit Organizations (NPO) operating abroad in high-risk jurisdictions; and
  • Foreign financial institutions with low correspondent banking transaction volumes, particularly those operating in financial environments characterised by high AML/CFT risks

https://home.treasury.gov/system/files/136/Treasury_AMLA_23_508.pdf

https://home.treasury.gov/news/press-releases/jy1438

https://home.treasury.gov/news/press-releases/jy1439

https://www.buymeacoffee.com/KoIvM842y

Author: raytodd2017

Chartered Legal Executive and former senior manager with Isle of Man Customs and Excise, where I was (amongst other things) Sanctions Officer (for UN/EU sanctions), Export Licensing Officer and Manager of the Legal-Library & Collectorate Support Section

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