A reader from Europe brought this topic up last week, and while some of you may immediately dismiss the idea as inconceivable, there are a number of things that could occur to create a Perfect Storm of what I can only describe as American government policies that could be called Anti-AML, and which would justify FATF action to Grey List the USA. I know you are thinking that politically, this could never happen, as it may spawn a nasty response, given the current "retribution" posture we are seeing, but compliance officers should, like their money laundering adversaries, always be thinking several chess steps ahead of the game.
First of all, the US moves to stop enforcement of the FOREIGN CORRUPT PRACTICES ACT (FCPA), as they pertain to American citizens, and the obvious administration efforts to shield US companies from the reporting requirements regarding the reporting of beneficial ownership of corporations, have been noticed abroad. The effect will be that these major tools available to rein in illegal AML/CFT activity shall not be available to suppress financial crime. If the new American administration continues to block the weapons law enforcement employs to suppress money laundering and yes, therefore even terrorist financing, international regulatory agencies who are tasked with measuring what they deem non-cooperative jurisdictions, could step up and essentially sanction the United States for allowing financial crime to flourish.
It all depends upon what the administration has up its sleeve now, as it obviously tries to protect American businesses who are political allies and campaign contributors, and who will now not have the same powerful gatekeepers policing their illicit conduct as before. Will we see similar action allowing PEPs to make deposits free from transaction monitoring, or a diminution in Trade-Based Money Laundering investigations? All I know is that the DOJ hasn't filed on new major money laundering case since January 20. America used to be on the cutting edge regarding AML/CFT, ever since the passage of the Money Laundering Control Act of 1986, but no more.
Will American banks now complain after their wire transfers abroad for exports are subject to enhanced due diligence at the receiving end? Perhaps then, we might see a move back to true enforcement, but in the meanwhile, compliance officers abroad may want to watch what comes out of the United States financial community, and the FATF should sharpen its pencil when looking at Grey Listing; I rest my case.
The Board of Governors of the Citizenship by Investment Unit (CIU) of Saint Kitts & Nevis has formally blacklisted both RIF TRUST and LATITUDE, two CBI consultancies found to have fraudulently sold illegally-discounted citizenships to thousands of applicants. The news of the blacklisting by the country's CIU appeared in a court filing, made by GLENROY BLANCHETE, the Permanent Secretary in the Ministry of National Security, Citizenship and Immigration, in the pending judicial proceeding filed by MSR MEDIA against Prime Minister TERRANCE DREW, seeking to compel the government to cancel all discounted citizenships and revoke passports. The Government of Saint Kitts is named as a party to the fraud in the proceeding. Blanchette is the government official who ordered applicants who paid the illegal price to pay the balance, or face cancellation.