USA PATRIOT Act Monitor News Release 12-24-2002 12/24/2002
12:26:09 PM Eastern Standard Time
Treasury has, for the first time, invoked its authority under section 311
of the USA PATRIOT Act, designating the Ukraine and Nauru as being of "primary
money laundering concern." The cover release ("Fact Sheet Regarding
the Treasury Department's Use of Sanctions Authorized under Section 311 of
the USA PATRIOT Act," available in the archives of Treasury press releases,
as of 12-24-2002 at www.ustreas.gov/news/index1.html) states: "The world
stands on notice: these jurisdictions do not take the fight against money
laundering and financial crime seriously." Under section 311, Treasury
may impose "special measures" on U.S. 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 of these special measures, a U.S. financial
institution may be prohibited from opening or maintaining in the U.S. a correspondent
account or a payable-through account for a foreign financial institution if
the account involves the designee. Treasury proposes to impose this special
measure, but is soliciting comments from U.S. financial institutions regarding
the parameters of the proposed special measure. Treasury's action follows
that of the Financial Action Task Force (FATF), which has called on its members
to impose countermeasures regarding the Ukraine and Nauru as a result of the
failure of these jurisdictions to put into place sufficient anti-money laundering
frameworks. On December 20, 2002 (www1.oecd.org/fatf/pdf/PR-20021220_en.pdf),
the FATF announced that it was imposing counter-measures to the Ukraine, noting
that although the country had, on December 7, 2002, enacted a "Law on
Prevention and Counteraction of the Legalization (Laundering) of the Proceeds
from Crime," this legislation did not address the main deficiencies identified
by the FATF in its June 2001 review of the Ukraine's anti-money laundering
program." More on these developments will be described in the January
2003 issue of the USA PATRIOT Act Monitor.