Shell bank

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A shell bank is a financial institution that does not have a physical presence in any country. In order to prevent money laundering, Subtitle A of the USA PATRIOT Act specifically prohibits such institutions, with the exception of shell banks that are affiliate (under the control) of a bank that has a physical presence in the U.S. or if the foreign shell bank is subject to supervision by a banking authority in the non-U.S. country regulating the affiliated depository institution, credit union, or foreign bank. [1]

Financial institution institution that provides financial services for its clients or members

Financial institutions, otherwise known as banking institutions, are corporations that provide services as intermediaries of financial markets. Broadly speaking, there are three major types of financial institutions:

  1. Depository institutions – deposit-taking institutions that accept and manage deposits and make loans, including banks, building societies, credit unions, trust companies, and mortgage loan companies;
  2. Contractual institutions – insurance companies and pension funds
  3. Investment institutions – investment banks, underwriters, brokerage firms.
Country distinct region in geography; a broad term that can include political divisions or regions associated with distinct political characteristics

A country is a region that is identified as a distinct entity in political geography. A country may be an independent sovereign state or part of a larger state, as a non-sovereign or formerly sovereign political division, or a geographic region associated with sets of previously independent or differently associated people with distinct political characteristics. Regardless of the physical geography, in the modern internationally accepted legal definition as defined by the League of Nations in 1937 and reaffirmed by the United Nations in 1945, a resident of a country is subject to the independent exercise of legal jurisdiction. There is no hard and fast definition of what regions are countries and which are not.

Money laundering is the process of concealing the origins of money obtained illegally by passing it through a complex sequence of banking transfers or commercial transactions.

Contents

Provisions

The USA PATRIOT Act includes specific provisions designed to limit the use of correspondent accounts for money laundering activity. These provisions are contained in sections 312, 313 and 319(b) and involve limitations on shell bank relationships as well as enhanced due diligence and record keeping requirements.

A correspondent account is an account established by a banking institution to receive deposits from, make payments on behalf of, or handle other financial transactions for another financial institution. Correspondent accounts are established through bilateral agreements between the two banks.

Implementation

On 2002-11-28, final regulations (31 CFR 103.177 and 103.185) implementing section 313 and 319(b) of the US Patriot Act became effective. The regulations implement provisions of the BSA (Bank Secrecy Act) that relate to foreign corresponded accounts.

Bank Secrecy Act 1970 act of the United States Congress

The Bank Secrecy Act of 1970 (BSA), also known as the Currency and Foreign Transactions Reporting Act, is a U.S. law requiring financial institutions in the United States to assist U.S. government agencies in detecting and preventing money laundering. Specifically, the act requires financial institutions to keep records of cash purchases of negotiable instruments, file reports if the daily aggregate exceeds $10,000, and report suspicious activity that may signify money laundering, tax evasion, or other criminal activities.

Notes

  1. "US Patriot Act Title III" (PDF). Federal Deposit Insurance Corporation. 2001. p. 39. Retrieved 4 February 2018.


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