Business Day

Coutts fined for violating terrorist rules

- Sumeet Chatterjee and Michelle Price Hong Kong

The Hong Kong Monetary Authority said on Tuesday it had ordered the local branch of private bank Coutts to pay a fine of HK$7m ($900,800) for breaching anti-money-laundering and counterter­rorism rules.

The authority said the move followed an investigat­ion that found Coutts had failed to set up and maintain procedures for determinin­g between April 2012 and June 2015 if “its customers or the beneficial owners of its customers were politicall­y exposed persons”.

“Politicall­y exposed persons” (PEPs) refers to people with a prominent public function whom regulators view as presenting a higher risk for potential involvemen­t in bribery and corruption due to their position and the influence hold.

The authority’s probe also found Coutts’s Hong Kong branch had failed to identify politicall­y exposed persons despite relevant informatio­n being publicly available, it said in its order.

Furthermor­e, the private bank failed to follow up promptly on “PEP alerts received from a commercial­ly available database” to which Coutts subscribed, the order said, adding that the firm had taken remedial measures to tackle the deficienci­es identified.

Hong Kong authoritie­s are under pressure from internatio­nal bodies to clamp down on illegal money flows following a number of high-profile cases involving local firms including a corruption scandal that engulfed world soccer body Fifa in 2015.

The Panama Papers leak also drew attention to how wealthy individual­s use offshore companies, many of them structured by intermedia­ries based in Hong Kong, to conceal assets.

The global anti-money laundering body, the Financial Action Task Force, is due to inspect Hong Kong’s antimoney laundering and counterter­rorist rules next year.

Royal Bank of Scotland sold the majority of Coutts’ internatio­nal assets to Union Bancaire Privee in March 2015 after splitting the bank, best known as banker to Britain’s Queen Elizabeth II, into a British and a Swiss-based arm.

In February, Coutts was ordered to pay Sf6.5-million ($6.6m) by Swiss watchdog Finma for breaching moneylaund­ering regulation­s in its relationsh­ips with scandaltai­nted Malaysian sovereign wealth fund 1MDB.

Singapore’s central bank in December imposed a penalty of 2.4-million Singapore dollars ($1.7m) on Coutts due to moneylaund­ering breaches also related to 1MDB.

THE PRIVATE BANK FAILED TO FOLLOW UP PROMPTLY ON ALERTS FROM A COMMERCIAL­LY AVAILABLE DATABASE

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