Recommendation 7 the essential criteria listed below should be read in conjunction with the text of recommendation 7. essential criteria in relation to cross-border correspondent banking and other similar relationships13 financial institutions should, in addition to performing any cdd measures that may be required under r.5, be required to take the measures set out in criteria 7.1-7.5. 7.1 gather sufficient information about a respondent institution to understand fully the nature of the respondent's business and to determine from publicly available information the reputation of the institution and the quality of supervision, including whether it has been subject to a money laundering or terrorist financing investigation or regulatory action. assess the respondent institution's aml cft controls, and ascertain that they are adequate and effective. obtain approval from senior management before establishing new correspondent relationships. document14 the respective aml cft responsibilities of each institution. where a correspondent relationship involves the maintenance of "payable-through accounts", financial institutions should be satisfied that: a ; their customer the respondent financial institution ; has performed all the normal cdd obligations set out in r.5 on those of its customers that have direct access to the accounts of the correspondent financial institution; and b ; the respondent financial institution is able to provide relevant customer identification data upon request to the correspondent financial institution.

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Proposal to require this was withdrawn following opposition from the banking industry on the grounds of relevance and administrative burden. for persons other than an individual, the financial institution is required to establish its principal place of business, local office or other physical location, and a taxpayer identification number in the case of u.s. entities ; or some other government-issued identifier in the case of non-u.s. entities ; . as means of verification, the institution must obtain documents that show the existence of the entity, such as certified articles of incorporation, a government-issued business license, a partnership agreement or a trust instrument [e.g. 31 cfr 103.121 b ; 4 ; ii ; for banks]. other than as noted above, there is no other specific reference in this provision to the concept of beneficial ownership, and there is no elaboration on what the additional information specified might include. 447. the only statutory requirements to identify the beneficial owner before or during the course of establishing a business relationship appear in sections 311 and 312 of the usa patriot act. section 311 permits the secretary of the treasury to require institutions to obtain and retain information on the beneficial ownership of any account opened or maintained in the u.s. by a foreign person other than a listed company ; resident in a country that the secretary has designated to be of primary money laundering concern see further discussion under recommendation 21 in section 3.6 of this report ; . 448. section 312 sets minimum due diligence requirements for a private banking account opened for a non-u.s. person only. specifically, "a financial institution must take reasonable steps to ascertain the identity of the nominal and beneficial owners of, and the source of funds deposited into, the private banking account, as necessary to guard against money laundering and to enable it to report suspicious transactions". section 312 also requires a bank to identify the owners of certain non-u.s. banks for which correspondent facilities are being provided see discussion under recommendation 7 below ; . section 312 was self-implementing in july 2002 even though fincen was unable to issue a final rule by that time. an interim final rule published that month deferred application of the rule to some categories of depository institutions, and required others to apply a risk-based approach to implementing the strict provisions of section 312, while paying attention to regulatory guidance, specifically a paper issued by the federal reserve in june 1997, entitled "private banking activities". 449. on 28 april 2005 fincen and the federal banking agencies published inter-agency guidance in the form of faqs ; to the banking sector on various cip issues [e.g. federal reserve supervision and regulation letter sr ; 05-9]. the banks may reasonably rely on this guidance in relation to trust, escrow and power-of-attorney accounts. in the case of trust accounts, the "customer" is stated to be the trust, whether or not the financial institution is the trustee for the account. a financial institution will not be required to look through the trust to verify the identities of the beneficiaries, and instead will only be required to verify the identity of the named accountholder. a similar principle is stated with respect to escrow accounts, where the person who opens the account is deemed to be the customer, and not the underlying owner of the funds. however, the additional verification principle applies as for corporate entities ; if, based on the financial institution's risk assessment, it considers it necessary to obtain additional information in order to verify the customer's identity. the guidance states that, in certain circumstances, for example, involving revocable trusts, the financial institution may need to gather information about the settler, grantor, trustee, or other persons with the authority to direct the trustee, and who thus have authority or control over the account, in order to establish the true identity of the customer. this additional verification method will apply only when the financial institution cannot adequately verify to its satisfaction ; the customer's identity using the documentary or non-documentary methods described in the cip regulation. 450. with respect to an account opened by an individual who has power-of-attorney or other agency designations ; for a competent person, the guidance specifies that the "customer" will be the named owner of the account rather than the individual with a power-of-attorney who is regarded merely as an agent. by 99 and casino slot game.
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