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#133770 - 11/24/03 06:05 PM Politically Exposed Persons
Michelle D Offline
Gold Star
Michelle D
Joined: Oct 2001
Posts: 313
Terminator Country
Does anyone know where I can get guidance on politically exposed persons? I've been all through the Treasury sites and all I can find is testimony that discusses increased scrutiny of these persons. But what do you do if you think you have one?

Thanks for you help.
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#133771 - 11/24/03 06:27 PM Re: Politically Exposed Persons
Hussam Al-Abed Offline
Platinum Poster
Joined: Nov 2000
Posts: 551
Abu Dhabi / U.A.E
Basel Committee on Banking Supervision/ Customer due diligence for banks - October 2001
Politically exposed persons

Business relationships with individuals holding important public positions and with
Persons or companies clearly related to them may expose a bank to significant reputational and/or legal risks. Such politically exposed persons (“PEPs”) are individuals who are or have been entrusted with prominent public functions, including heads of state or of government, senior politicians, senior government, judicial or military officials, senior executives of publicly owned corporations and important political party officials. There is always a possibility, especially in countries where corruption is widespread, that such persons abuse their public powers for their own illicit enrichment through the receipt of bribes, embezzlement, and etc.

Accepting and managing funds from corrupt PEPs will severely damage the bank’s own reputation and can undermine public confidence in the ethical standards of an entire financial centre, since such cases usually receive extensive media attention and strong political reaction, even if the illegal origin of the assets is often difficult to prove. In addition, the bank may be subject to costly information requests and seizure orders from law enforcement or judicial authorities (including international mutual assistance procedures in criminal matters) and could be liable to actions for damages by the state concerned or the victims of a regime. Under certain circumstances, the bank and/or its officers and employees themselves can be exposed to charges of money laundering, if they know or should have known that the funds stemmed from corruption or other serious crimes.
Some countries have recently amended or are in the process of amending their laws
And regulations to criminalize active corruption of foreign civil servants and public officers in accordance with the relevant international convention.14 in these jurisdictions foreign corruption becomes a predicate offence for money laundering and all the relevant anti-money laundering laws and regulations apply (e.g. reporting of suspicious transactions, prohibition on informing the customer, internal freeze of funds etc). But even in the absence of such an explicit legal basis in criminal law, it is clearly undesirable, unethical and incompatible with the fit and proper conduct of banking operations to accept or maintain a business relationship if the bank knows or must assume that the funds derive from corruption or misuse of public assets. There is a compelling need for a bank considering a relationship with a person whom it suspects of being a PEP to identify that person fully, as well as people and companies that
Are clearly related to him/her.
Banks should gather sufficient information from a new customer, and check publicly Available information, in order to establish whether or not the customer is PEP. Banks Should investigate the source of funds before accepting PEP. The decision to open an Account for PEP should be taken at a senior management level.


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