FinCEN names ABLV Bank of Latvia an Institution of Primary Money Laundering Concern and proposes USA PATRIOT Act Section 311 Special Measure
"The U.S. Department of the Treasurys (sic) Financial Crimes Enforcement Network (FinCEN) today issued a finding and notice of proposed rulemaking (NPRM), pursuant to Section 311 of the USA PATRIOT Act, seeking to prohibit the opening or maintaining of a correspondent account in the United States for, or on behalf of, ABLV Bank. FinCEN is proposing this action based on its finding set out in the NPRM that ABLV is a foreign bank of primary money laundering concern," says an e-mail from FinCEN. FinCEN says there are links to North Korea and the case is a warning to all banks that do business with NoKo or representatives of its regime. But the USA is mightily cross at links with several other countries with which relations are souring.
The notice, dated 13 February 2018 and issued after the close of business for East Coast banks that day, says "The U.S. Department of the Treasury’s (the error noted above was in the e-mail not the media release per se) Financial Crimes Enforcement Network (FinCEN) today issued a finding and notice of proposed rulemaking (NPRM), pursuant to Section 311 of the USA PATRIOT Act, seeking to prohibit the opening or maintaining of a correspondent account in the United States for, or on behalf of, ABLV Bank. FinCEN is proposing this action based on its finding set out in the NPRM that ABLV is a foreign bank of primary money laundering concern."
The effect of the notice, at this point, is simply to exclude ABLV from inter-bank trade in US dollars.
ABLV has institutionalized money laundering as a pillar of the bank’s business practices. ABLV’s management permits the bank and its employees to orchestrate money laundering schemes; solicits high-risk shell company activity that enables the bank and its customers to launder funds; maintains inadequate controls over high-risk shell company accounts; and seeks to obstruct enforcement of Latvian anti-money laundering and combating the financing of terrorism (AML/CFT) rules in order to protect these business practices.
ABLV’s failure to implement, and disregard for, effective AML/CFT and sanctions policies and procedures have made the bank attractive to a range of illicit actors engaged in organized crime, weapons proliferation, corruption, and sanctions evasion. Illicit financial activity at the bank includes transactions for parties connected to UN-designated entities, some of which are involved in North Korea’s procurement or export of ballistic missiles. In addition, ABLV has facilitated transactions for corrupt politically exposed persons and has funneled billions of dollars in public corruption and asset stripping proceeds through shell company accounts. ABLV failed to mitigate the risk stemming from these accounts, which involved large-scale illicit activity connected to Azerbaijan, Russia, and Ukraine.
Further Reading:
Media release: https://www.fincen.gov/news/news-releases/fincen-names-ablv-bank-latvia-institution-primary-money-laundering-concern-and
Proposal of Special Measure against ABLV Bank: https://www.fincen.gov/sites/default/files/federal_register_notices/2018-02-13/ABLV%20NPRM%2020180212%20


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