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MARCH/APRIL 2003

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GOVERNMENT AFFAIRS
Legal Guidance Provided on Patriot Act

Financial institutions trying to comply with new requirements under the USA PATRIOT Act finally have some legal guidance as a result of a recent rulemaking from the U.S. Treasury Department. The rulemaking permits financial institutions to share information with each other for counter-terrorist or anti-money laundering purposes without risk of liability, and it immunizes a financial institution that divulges information to the government against all possible harm that could arise out of that information-sharing. The Treasury Department is now preparing a proposed rule on Section 352 of the Act regarding consumer finance companies that is expected in the near future.

The USA PATRIOT Act, enacted in October 2001, contains a number of amendments to the Bank Secrecy Act that over time will affect all American financial institutions, not just depositories.

The USA PATRIOT extends existing Bank Secrecy Act obligations to new financial institutions. This means that mutual funds, insurance companies and ultimately unaffiliated loan companies, along with other types of financial institutions, will have to report suspicious customer activities and large currency transactions to the federal government, the way that banks currently do.

In addition, the USA PATRIOT creates new obligations. Some of these only apply to banks, such as the requirement to provide certain information within 120 hours of receiving a demand from an appropriate federal agency. Other obligations apply both to banks and other financial institutions, such as the requirement to establish an anti-money laundering program and a customer identity verification program. None of these new obligations applies to a financial institution until the Treasury Department writes regulations applicable to that financial institution. Although this means that currently only banks and a few other categories are covered, eventually regulations will apply to most, if not all, financial institutions.

 
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Legal Guidance Provided on
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