FinCEN Provides Guidance Regarding Updated FATF Jurisdictions List

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On September 17, FinCEN issued Advisory FIN-2013-A006, which provides considerations for financial institutions when reviewing their obligations and risk-based approaches with respect to certain jurisdictions. The  Financial Action Task Force (FATF) recently updated its lists of jurisdictions that appear in two documents: (i) jurisdictions that are subject to the FATF’s call for countermeasures or are subject to Enhanced Due Diligence due to their Anti-Money Laundering/Counter-Terrorist Financing (AML/CFT) deficiencies and (ii) jurisdictions identified by the FATF to have AML/CFT deficiencies. The Advisory summarizes the changes made by the FATF, provides specific guidance regarding jurisdictions listed in each category, and reiterates general guidance that if a financial institution knows, suspects, or has reason to suspect that a transaction involves funds derived from illegal activity or that a customer has otherwise engaged in activities indicative of money laundering, terrorist financing, or other violation of federal law or regulation, the financial institution must file a Suspicious Activity Report.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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