Legal
Standard Chartered Reaches $300 Million Settlement In New York Over AML Lapses

Standard Chartered has reached a $300 million settlement with US authorities over defective anti-money laundering controls, the latest in a run of institutions to fall foul of the rules.
Standard Chartered has reached a $300 million settlement with US
authorities over defective anti-money laundering controls, the
latest in a run of institutions to fall foul of the rules. The
bank also faces tighter controls on certain Hong Kong and United
Arab Emirates clients.
The UK-listed bank said it had reached a final settlement with
the New York State Department of Financial Services regarding
deficiencies in the anti-money laundering transaction
surveillance system at its New York branch. The DFS also
confirmed the shape of the settlement and other provisions in a
separate statement.
The bank's compliance remediation failures were uncovered by DFS'
independent monitor, which the organisation installed at Standard
Chartered as part of the 2012 agreement stemming from an earlier
case, the DFS said yesterday.
"The DFS monitor's review of Standard Chartered's transaction
monitoring systems found that the bank failed to detect a large
number of potentially high-risk transactions for further review.
A significant amount of the potentially high-risk transactions
the system has failed to detect originated from its Hong Kong
subsidiary ("SCB Hong Kong") and SCB's branches in the United
Arab Emirates ("SCB UAE"), among others," it said.
"Under the order, SCB [Standard Chartered] will suspend dollar
clearing through its New York Branch for high-risk retail
business clients at its SCB Hong Kong subsidiary; exit high-risk
client relationships within certain business lines at its
branches in the United Arab Emirates; not accept new
dollar-clearing clients or accounts across its operations without
prior approval from DFS; pay a $300 million penalty; as well as
take other remedial steps," the regulator said.
Earlier yesterday, there was widespread media speculation that a
settlement of $300 million was on the cards.
Besides the monetary penalty, settlement provisions include
enhancements to the transaction surveillance system in the New
York branch of Standard
Chartered; a two-year extension to the term of the
DFS-appointed independent compliance monitor.
Standard Chartered’s New York branch will not, without prior
approval of the DFS in consultation with the monitor, open a
dollar demand deposit for “any client that does not already have
such an account with the group’s New York branch”.
In another measure, the bank must within 30 days identify
information for originators and beneficiaries of some affiliate
and third-party payment messages cleared through the New York
branch.
After 45 days, a there will be a restriction on dollar clearing
services for certain Hong Kong retail business clients; within 30
days, there must be enhanced monitoring of certain small- and
medium-sized enterprise clients in the United Arab Emirates. “The
group is seeking to exit this business as part of its broader
efforts to sharpen its strategic focus, withdrawing or
re-aligning non-strategic businesses, including those where
increased regulatory costs and risks undermine their economic
viability. The exit will take place under the timeline set out in
the order; if the exit is not achieved within this period,
further restrictions will be required, unless an extension is
granted by the DFS,” it said.
“As the group prepares for the implementation of these
remediation measures, it will individually notify and work
closely with the small proportion of clients in Hong Kong and the
United Arab Emirates who will be affected to minimise disruption.
The group remains fully committed to Hong Kong and the United
Arab Emirates as key markets,” it said.
Standard Chartered said the “vast majority” of its clients and
businesses are unaffected by the settlement as are its US
licences.
“The group accepts responsibility for and regrets the
deficiencies in the anti-money laundering transaction
surveillance system at its New York branch. The group has already
begun extensive remediation efforts and is committed to
completing these with utmost urgency,” it added.
The latest development came after the bank promised to tighten
procedures after it was fined $340 million for violating US
sanctions rules involving Sudan, Iran, Libya and Myanmar two
years ago. The latest investigation was reportedly prompted by
the monitor that the bank brought in to watch over its
international transactions back then.
The settlement announcement also comes a week or so after it was
reported that the bank is to begin trawling through data to
detect any signs of money laundering or other criminality,
following faults found in the software that is vital for
complying with controls.
The reports add to a run of stories about banks and potential
anti-money laundering lapses. A few weeks ago, for example,
France’s BNP Paribas was hit by the US with a record $8.97
billion fine for breaches of controls against blacklisted nations
such as Iran and Sudan. In the past, HSBC, the UK/Hong
Kong-listed bank, was punished over AML lapses in 2012, in a case
where money flowed through jurisdictions.