This would include any identifying information, the bank will
use, at the time the account is opened, to establish a reasonable
belief it knows the true identity of the customer. So, for example,
if the bank obtains other identifying information at account opening
in addition to the minimal information required, such as the customer's
phone number, then the bank must keep that information.
3. How does the record retention period apply to a customer who
simultaneously opens multiple accounts in the bank?
If several accounts are opened for a customer simultaneously, all
identifying information about a customer obtained under 31 C.F.R. § 103.121(b)(2)(i)
must be retained for five years after the last account is closed
or, in the case of credit card accounts, five years after the last
account is closed or becomes dormant. All remaining records must
be kept for five years after the records are made.
31 C.F.R. § 103.121(b)(4)
Section 326 List
1. Has a list of known or suspected terrorists or terrorist organizations
been designated for purposes of the CIP rule?
No such list has been designated to date. Banks will be contacted
by their functional regulators when a list is issued. As of the
time of publication, lists published by OFAC have not been designated
as lists for purposes of the CIP rule. Of course, banks are separately
obligated to check these lists in accordance with OFAC’s
regulations.
31 C.F.R. § 103.121(b)(5)
Customer notice
1. Does a bank have to provide notice to all owners of a joint
account?
Yes, notice must be provided to all owners of a joint account.
In addition, notice must be provided “in a manner reasonably
designed to ensure that a customer is able to view the notice, or
is otherwise given notice, before opening an account.” 31 C.F.R. § 103.121(b)(5)(ii).
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The Agencies
agree that a bank may satisfy this requirement by directly providing
the notice to any one accountholder of a joint account for delivery
to the other owners of the account. Similarly, the bank may open
a joint account using information about each of the accountholders
obtained from one accountholder, acting on behalf of the other joint
accountholders.
2. How should a bank provide notice to its customer when it engages
in indirect lending through a third party such as a mortgage broker
or car dealer?
When a mortgage broker or car dealer is acting as the bank's agent
in connection with a loan, the bank may delegate to its agent the
obligation to perform the requirements of the bank’s CIP rule.
In contrast to the reliance provision in the CIP rule, the bank is
ultimately responsible for its agent’s compliance with the
rule. Depending upon the manner in which the account is opened, the
agent can provide notice to the bank’s customer, for example,
by posting a sign, printing the notice on the loan application given
to the customer, orally providing the notice, or by providing the
notice in any manner that is reasonably designed to ensure that the
customer is given notice before opening an account.
31 C.F.R. § 103.121(b)(6)
Reliance
1. Where a bank is entitled to “rely” on
another financial institution to perform its CIP, whose CIP must
the relied-upon financial institution implement?
The reliance provision does not impose on the other financial institution
the obligation to duplicate the procedures in the bank’s CIP.
The reliance provision permits a bank to rely on another financial
institution to perform any of the procedures of the bank’s
CIP, meaning, any of the elements that the CIP rule requires to be
in a bank’s CIP: (1) identity verification procedures, which
include collecting the required information from customers and using
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