The League – Fostering Financial Wellbeing for All

Agencies: Assess members’ CDD risks individually

News Compliance Courier

NEWS:  The NCUA and other federal regulators, including the Financial Crimes Enforcement Network (FinCEN) issued a joint statement yesterday to stress their “longstanding position” that banks and credit unions must take a risk-based approach to assessing individual customer relationships and conducting customer due diligence (CDD).

The statement emphasized that no single type of member should be considered uniformly higher risk. Banks and credit unions “are neither prohibited nor discouraged from providing banking services to customers of any specific class or type.”

“The agencies recognize that it is important for customers engaged in lawful activities to have access to financial services,” the statement said. It explained that banks and credit unions must adopt risk-based procedures for conducting CDD that enable them to:

  • Understand the nature and purpose of customer relationships in the development of a customer risk profile, and
  • Conduct ongoing monitoring to identify and report suspicious transactions and, on a risk basis, to maintain and update customer information.
The NCUA stated: “The regulations established in the Bank Secrecy Act (BSA) establish a risk-based approach to assessing customer relationships and conducting customer due diligence. The NCUA expects credit unions to assess the risks posed by each customer individually. Further, the NCUA advises against refusing service or discontinuing service to an entire class of customers based on perceived risk. Credit unions that comply with BSA and anti-money laundering (AML) requirements and have an effective customer due diligence program in place are well-positioned to manage customer relationships and risks appropriately, based on each individual customer relationship.”
 
For more information on CDD, see The League’s ii Release No. 0159.