BSA/AML Examination Manual - ffiec

Private Banking Due Diligence Program (Non-U.S. Persons) — Overview
weak AML controls; and clients whose lines of business are primarily currency-based
(e.g., casinos or currency exchangers). Due diligence should also be commensurate with
the size of the account. Accounts with relatively more deposits and assets should be
subject to greater due diligence. In addition, if the bank at any time learns of information
that casts doubt on previous information, further due diligence would be appropriate.
Ascertaining Source of Funds and Monitoring Account Activity
Banks that provide private banking services generally obtain considerable information
about their clients, including the purpose for which the customer establishes the private
banking account. This information can establish a baseline for account activity that will
enable a bank to better detect suspicious activity and to assess situations where additional
verification regarding the source of funds may be necessary. Banks are not expected, in
the ordinary course of business, to verify the source of every deposit placed into every
private banking account. However, banks should monitor deposits and transactions as
necessary to ensure that activity is consistent with information that the bank has received
about the client’s source of funds and with the stated purpose and expected use of the
account. Such monitoring will facilitate the identification of accounts that warrant
additional scrutiny.
Enhanced Scrutiny of Private Banking Accounts for
Senior Foreign Political Figures
For the purposes of private banking accounts under 31 CFR 103.175(r), the regulation
defines the term “senior foreign political figure” to include one or more of the following:
• A current or former:
Senior official in the executive, legislative, administrative, military, or judicial
branches of a foreign government (whether elected or not).
Senior official of a major foreign political party.
Senior executive of a foreign-government-owned commercial enterprise. 111
• A corporation, business, or other entity that has been formed by, or for the benefit of,
any such individual.
• An immediate family member (including spouses, parents, siblings, children, and a
spouse’s parents and siblings) of any such individual.
• A person who is widely and publicly known (or is actually known by the relevant
bank) to be a close associate of such individual.
111 For purposes of this definition, the terms “senior official” or “senior executive” mean an individual with
substantial authority over policy, operations, or the use of government-owned resources.
FFIEC BSA/AML Examination Manual 122 8/24/2007