Section 313:- : Prohibition on correspondent accounts for foreign shell banks Flashcards

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1
Q

What is Section 313

A

Prohibits US banks and securities brokers and dealers from maintaining correspondent
accounts for foreign, unregulated shell banks that have no physical presence anywhere

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2
Q

What do the term physical presence of shell bank means

A
  1. at a fixed address, does Has a electronic address,
  2. is subject to inspection by the banking authority which licensed it at that location t
  3. is authorized to conduct banking activities
  4. employs one or more individuals on a full-time basis at that location
  5. maintains operating records at that location
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3
Q

what does this section says about foreign banks minatining correspondent accounts

A

foreign banks bank minatining correspondent accounts do not themselves permit access to such accounts by foreign shell banks.

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4
Q

what does oreign banks need to certify under sec 313

A

they do not permit shell banks access to the US correspondent account through a nested correspondent relationship.

equires the foreign banks to certify at least once every three years that they arenot themselves shell banks

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