Community Bankers' Advisor

i  January - February, 2004

Page 2  


On January 8, 2004, the OCC issued a bulletin announcing that a “Frequently Asked Questions” publication had been produced for guidance regarding the Customer Identification Program rule. We have reprinted the first half of the FAC here, and will reprint the rest of the publication in the next issue of the Community Bankers’ Advisor.

FREQUENTLY ASKED QUESTIONS:
Final Customer Identification Program Rule
(Reprint of OCC 2004-3 Attachment)

[Various government Agencies] are issuing these frequently asked questions (“FAQs”) regarding the application of 31 C.F.R. § 103.121. This joint regulation implements section 326 of the USA PATRIOT Act and requires banks, savings associations, credit unions and certain non-federally regulated banks (“bank”) to have a Customer Identification Program (“CIP”). (Section 326 of the Act adds a new subsection (1) to 31 U.S.C. § 5318 of the Bank Secrecy Act (“BSA”)).

While the purpose of the FAQs document is to provide interpretive guidance with respect to the CIP rule, the Agencies recognize that this document does not answer every question that may arise in connection with the rule. The Agencies encourage banks to use the basic principles set forth in the CIP rule, as articulated in these answers, to address variations on these questions that may arise, and expect banks to design their own programs in accordance with the nature of their business.

The Agencies wish to emphasize that a bank’s CIP must include risk-based procedures for verifying the identity of each customer to the extent reasonable and practicable. It is critical that each bank develop procedures to account for all relevant risks including those presented by the types of accounts maintained by the bank, the various methods of opening accounts provided, the type of identifying information available, and the bank’s size, location, and type of business or customer base. Thus, specific minimum requirements in the rule, such as the four basic types of information to be obtained from each customer, should be supplemented by risk-based

 

verification procedures, where appropriate, to ensure that the bank has a reasonable belief that it knows each customer’s identity.
The Agencies note that the CIP, while important, is only one part of a bank’s BSA/AML compliance program. Adequate implementation of a CIP, standing alone, will not be sufficient to meet a bank’s other obligations under the BSA, regulations promulgated by its primary Federal regulator, such as Suspicious Activity Reporting requirements, or regulations promulgated by the Office of Foreign Assets Control.
Finally, these FAQs have been designed to help banks comply with the requirements of the CIP rule. They do not address the applicability of any other Federal or state laws.

31 C.F.R. §103.121(a)(1)
Definition of “account”

1. The CIP rule applies to a “customer,” which is generally “a person that opens a new account.” (Emphasis added.) At what point does the CIP rule apply when the account is a loan? When is the account opened?

“Customer” does not include a person who does not receive banking services, such as a person whose loan application is denied. See 68 FR 25090, 25093 (May 9, 2003). Therefore, when the account is a loan, the account is opened when the bank enters into an enforceable agreement to provide a loan to the customer.

2. Are loan participations purchased from third parties and loans purchased from a car dealer or mortgage broker within the exclusion from the definition of “account” for loans acquired through an acquisition, merger, purchase of assets, or assumption of liabilities?

Yes, this exclusion is intended to cover loan participations purchased from third parties and loans purchased from a car dealer or mortgage broker. If, however, the bank is extending credit to the borrower using a car dealer or mortgage broker as its agent, then it must ensure that the dealer or broker is performing the bank's CIP.


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