BSA/AML Student Exercises Dec. 2022

whether nested accounts will be utilized); assess the risks posed by the foreign correspondent financial institution relationships. Ensure foreign correspondent financial institution relationships are appropriately included within the Bank's suspicious activity monitoring and reporting systems and establish criteria for closing the foreign correspondent financial institution account. Special Procedures When Due Diligence Cannot Be Performed In the event that appropriate due diligence procedures cannot be performed, it is the policy of the Bank: • To refuse to open a correspondent or high risk account; • Suspend transaction activity of the account; • File a suspicious activity report; or • Close the account. Foreign Correspondent Account Recordkeeping Certifications It is the policy of the Bank to obtain a certification from each foreign bank for which it maintains a correspondent account at least once every three years to maintain safe harbor requirements. The Bank is required to obtain recertification on or before the three-year anniversary of the execution of the initial or previous certification. The BSA Department maintains the certification and recertification forms used for foreign banks. The Bank is required to maintain records/certifications in the United States identifying the owners of each such foreign bank whose shares are not publicly traded and the name and street address of an authorized person who resides in the United States that has agreed to be an agent to accept service of legal process for records regarding each such account. To minimize recordkeeping requirements, ownership information is not required for foreign banks that file a form FR Y-7 with the Federal Reserve. These records must be available within 7 days upon receipt of a written request from federal law enforcement. Verification Certification forms will be reviewed for reasonableness and accuracy. If at any time the Bank knows, suspects or has reason to suspect, that any information contained in a certification or recertification provided by a foreign bank, or otherwise relied upon by the Bank is no longer correct, the BSA Officer is to request that the foreign bank verify or correct such information, or shall take other appropriate measures to ascertain the accuracy of the information or to obtain correct information. See below for failure to obtain proper verification. If the Bank has not obtained, from the foreign bank or otherwise, verification of the information or corrected information within 90 calendar days after the date of undertaking the verification, the Bank is to close all correspondent accounts with such foreign bank within reasonable time. The Bank shall not permit the foreign bank to establish any new positions or execute any transaction through any such account, other than transactions necessary to close the account. Subpoenas The Secretary or the Attorney General may issue a summons or subpoena for any foreign bank that maintains a correspondent account in the US and may request records related to such correspondent account, including records maintained outside of the US relating to the deposit of funds into the foreign bank, The summons or subpoena may be served on the foreign bank in the United States if the foreign

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