Order Imposing Recordkeeping and Reporting Obligations on Certain U.S. Financial Institutions With Respect to Transactions Involving Kassem Rmeiti & Co. for Exchange as a Financial Institution of Primary Money Laundering Concern, 24599-24601 [2013-09779]
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Federal Register / Vol. 78, No. 80 / Thursday, April 25, 2013 / Notices
tkelley on DSK3SPTVN1PROD with NOTICES2
From 2008 to 2011, Halawi Exchange,
its management, and employees sent
numerous international wire transfers to
U.S.-based used car companies
consistent with the practice of
laundering money through the purchase
of cars in the United States for export to
West Africa. Ali Halawi—a partner at
Halawi Exchange—is listed by name on
many of these transfers. A large number
of these transfers were sent through
accounts at LCB, which has been
identified by Treasury as a financial
institution of primary money laundering
concern under Section 311 for its role in
facilitating the money laundering
activities of Ayman Joumaa’s
international narcotics trafficking and
money laundering network. Some of the
U.S.-based car dealerships that received
funds transfers from Halawi Exchange
were later identified in the SDNY
Complaint as participants in the Joumaa
network’s money laundering activities.
Joumaa’s network moved illegal drugs
from South America to Europe and the
Middle East via West Africa and
laundered hundreds of millions of
dollars monthly through accounts held
at LCB, as well as through trade-based
money laundering involving consumer
goods throughout the world, including
through used car dealerships in the
United States. This criminal scheme
involved bulk cash smuggling
operations and use of several Lebanese
exchange houses that utilized accounts
at LCB branches, as discussed in the
LCB 311 Action.
Halawi Exchange has also worked
with other Lebanese exchange houses,
including Rmeiti Exchange, to facilitate
money laundering activities. For
example, Halawi Exchange, Rmeiti
Exchange, and other exchange houses
sent over $9 million in dozens of roundnumber, large-denomination
international wire transfers from
unknown sources to the same U.S. car
shipping business from 2007 through
2010.
B. Past and Current Connection to
Designated Narcotics Kingpins and
Their Associates
SDNTs Ibrahim Chebli and Abbas
Hussein Harb regularly coordinated and
executed financial transactions—
including bulk cash transfers—that were
processed through the Halawi Exchange.
Harb and Chebli were designated by
Treasury in June 2012 pursuant to the
Kingpin Act for collaboration with
Joumaa in the movement of millions of
dollars of narcotics-related proceeds.
Harb’s Columbia- and Venezuela-based
organization has laundered money for
the Joumaa network through the
Lebanese financial sector. Additionally,
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18:10 Apr 24, 2013
Jkt 229001
Chebli used his position as the manager
of the Abbassieh branch of Fenicia Bank
in Lebanon to facilitate the movement of
money for Joumaa and Harb.21
C. Past and Current Connection to
Another International Narcotics
Trafficking and Money Laundering
Network With Ties to Hizballah
Management and key employees at
Lebanon-based Halawi Exchange and
members of the Halawi family
coordinate, execute, receive, or are
otherwise involved in millions of
dollars worth of transactions for
members of another international
narcotics trafficking and money
laundering network. For example, highlevel management at Lebanon-based
Halawi Exchange and members of the
Halawi family were involved in the
movement of over $4 million in late
2012 for this international narcotics
trafficking and money laundering
network. Additionally, Fouad Halawi,
acting in his capacity as a senior official
at Halawi Holding, was responsible for
the receipt and transfer of funds for this
narcotics trafficking and money
laundering network and provided
accounting services for its senior
leadership. To avoid detection, the
involved parties scheduled structured
payments by splitting larger sums into
smaller, more frequent transactions
which they often moved through
numerous high-risk jurisdictions.
This additional international
narcotics trafficking and money
laundering network has been involved
in extensive international narcotics
trafficking operations. For example, it is
known to have trafficked heroin from
Lebanon to the United States and
hundred-kilogram quantities of cocaine
from South America to Nigeria for
distribution in Europe and Lebanon. It
is also known to have trafficked cocaine
out of Lebanon in multi-ton quantities.
The head of this network has operated
an extensive money laundering
organization, including a series of
offshore corporate shell companies and
underlying bank accounts, established
by intermediaries, to receive and send
money transfers throughout the world. It
has arranged the laundering of profits
from large-scale narcotics trafficking
operations. Transfers coordinated by
this network have impacted the United
States, Canada, Europe, the Middle East,
Asia, Australia, and South America.
This international narcotics trafficking
21 Exhibit 25—Press Release, ‘‘Treasury Targets
Major Money Laundering Network Linked to Drug
Trafficker Ayman Joumaa and a Key Hizballah
Supporter in South America,’’ 6/27/11, https://
www.treasury.gov/press-center/press-releases/
Pages/tg1624.aspx
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Frm 00007
Fmt 4701
Sfmt 4703
24599
and money laundering network is
affiliated with Hizballah.
Additionally, Halawi Exchange is
known to have laundered profits from
drug trafficking and cocaine-related
money laundering for a Hizballah leader
and narcotics trafficker. Halawi
Exchange has also been routinely used
by other Hizballah associates as a means
to transfer illicit funds.
IV. The Extent to Which This Action Is
Sufficient To Guard Against
International Money Laundering and
Other Financial Crimes
FinCEN’s April 22, 2013, notice of
finding that Halawi Exchange is an
institution of primary money laundering
concern, along with the Special
Measures simultaneously proposed
pursuant to the Finding, will guard
against the international money
laundering and other financial crimes
described above directly by restricting
the ability of Halawi Exchange to access
the U.S. financial system to process
transactions, and indirectly by public
notification to the international
financial community of the risks posed
by dealing with Halawi Exchange.
Dated: April 20, 2013.
Jennifer Shasky Calvery,
Director, Financial Crimes Enforcement
Network.
[FR Doc. 2013–09785 Filed 4–23–13; 11:15 am]
BILLING CODE 4810–02–P
DEPARTMENT OF THE TREASURY
Financial Crimes Enforcement Network
Order Imposing Recordkeeping and
Reporting Obligations on Certain U.S.
Financial Institutions With Respect to
Transactions Involving Kassem Rmeiti
& Co. for Exchange as a Financial
Institution of Primary Money
Laundering Concern
Financial Crimes Enforcement
Network, Treasury (‘‘FinCEN’’).
ACTION: Order.
AGENCY:
The Director of FinCEN found
on April 22, 2013 that Kassem Rmeiti &
Co. For Exchange (‘‘Rmeiti Exchange’’)
is a financial institution operating
outside the United States that is of
primary money laundering concern. The
Director of FinCEN is issuing an order
imposing certain recordkeeping and
reporting obligations with respect to
transactions involving Rmeiti Exchange
(the ‘‘Order’’).
DATES: The Order was effective on April
23, 2013. The Order will remain in
effect until August 21, 2013.
SUMMARY:
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24600
Federal Register / Vol. 78, No. 80 / Thursday, April 25, 2013 / Notices
tkelley on DSK3SPTVN1PROD with NOTICES2
FOR FURTHER INFORMATION CONTACT:
Regulatory Policy and Programs
Division, FinCEN, (800) 949–2732.
SUPPLEMENTARY INFORMATION: On April
22, 2013, the Director of FinCEN,
pursuant to 31 U.S.C. 5318A, found
Rmeiti Exchange to be a Financial
Institution of Primary Money
Laundering Concern (the ‘‘Finding’’).
Notice of the Finding is published
elsewhere in this issue of the Federal
Register.
Also published elsewhere in this
issue of the Federal Register is a notice
of proposed rulemaking (‘‘NPRM’’)
proposing to apply the first and fifth
special measures provided in 31 U.S.C.
5318A to any transaction or attempted
transaction involving Rmeiti Exchange.
The explanations and interpretations
found in the NPRM are applicable to
this Order to the extent that this Order
imposes the same obligations proposed
in the NPRM.
This Order addresses FinCEN’s
concern that Rmeiti Exchange may
continue to be involved in transactions
that present a substantial money
laundering risk prior to any
implementation of the proposed rule.
This Order applies to covered
financial institutions as defined in 31
CFR 1010.605(e)(1), and money
transmitters that are required to register
under 31 CFR 1022.380 (‘‘principal
money transmitters’’), that are requested
to process transactions involving Rmeiti
Exchange. This Order requires covered
financial institutions and principal
money transmitters to report the
information listed in Part 2 below in a
comma separated value (‘‘CSV’’) file.
Covered financial institutions and
principal money transmitters are
required to load the CSV file on an
encrypted CD ROM and mail the CD
ROM on or before the 15th day
following the date of the transaction or
the date the covered financial
institution or principal money
transmitter became aware of the
attempted transaction to the Department
of the Treasury, Financial Crimes
Enforcement Network, Post Office Box
39, Vienna, Virginia 22183–0039 (Attn:
311 Reporting). Information of a contact
person from whom FinCEN may obtain
the encryption password should be
enclosed in the mailing. To ease
regulatory burden and as appropriate,
reports filed as Bank Secrecy ActSuspicious Activity Reports (‘‘BSA–
SARs’’) will be deemed to comply with
this reporting requirement if filed
within 15 days with all required
information included in an attached
CSV file and containing both in the
narrative and field 35z the text ‘‘Rmeiti
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18:10 Apr 24, 2013
Jkt 229001
Exchange SM1 Report’’. As long as
transactions or attempted transactions
are reported within the fifteen-day
requirement and the attached CSV file
does not exceed one megabyte, multiple
transactions may be reported on the
same BSA–SAR.
This Order imposes requirements
with respect to entities identified as
primary money laundering concern for
their involvement in laundering the
proceeds of narcotics traffickers and
money launderers. Because advanced
notice of this action could result in the
loss of reporting information related to
these entities, and section 311 of the
USA PATRIOT Act authorizes the
issuance of this Order without a prior
notice of proposed rulemaking, it is
found to be impracticable, unnecessary,
and contrary to the public interest to
comply with notice and public
procedure under 5 U.S.C. 553(b). For
these reasons, the Order is made
effective before 30 days have passed
after its publication date. See 5 U.S.C.
553(d). In addition, the provisions of the
Regulatory Flexibility Act relating to
initial and final regulatory flexibility
analysis (5 U.S.C. 604) are not
applicable to this Order because FinCEN
was not required to publish a prior
notice of proposed rulemaking under 5
U.S.C. 553 or any other law.
By virtue of the authority contained in
31 U.S.C. 5318A and delegated to the
Director of FinCEN, I hereby order, for
the period from April 23, 2013 through
August 21, 2013 that:
Part 1—Requirements for Financial
Institutions Subject to This Order
(1) Identifying Transactions or
Attempted Transactions Involving
Kassem Rmeiti & Co. For Exchange. A
financial institution subject to this
Order is required to use its existing antimoney laundering programs and
processes to identify transactions or
attempted transactions involving
Kassem Rmeiti & Co. For Exchange. U.S.
financial institutions generally apply
some degree of due diligence in
screening their transactions and
accounts, often through the use of
commercially available software such as
that used for compliance with the
economic sanctions programs
administered by the Office of Foreign
Assets Control of the Department of the
Treasury. The identification required by
this Order may be accomplished by
relying on these same automated
programs and filters used to identify
sanctioned entities.
(2) Reporting. A financial institution
subject to this Order is required to take
reasonable steps to collect and report to
FinCEN on the following information
PO 00000
Frm 00008
Fmt 4701
Sfmt 4703
with respect to any transaction or
attempted transaction involving Kassem
Rmeiti & Co. For Exchange:
(i) The identity and address of the
participants in the transaction or
attempted transaction, including the
identity of the originator and beneficiary
of any funds transfer;
(ii) the legal capacity in which
Kassem Rmeiti & Co. For Exchange is
acting with respect to the transaction or
attempted transaction and, to the extent
to which Kassem Rmeiti & Co. For
Exchange is not acting on its own
behalf, the customer or other person on
whose behalf Kassem Rmeiti & Co. For
Exchange is acting; and
(iii) a description of the transaction or
attempted transactions and its purpose.
(3) When to file. A report required this
Order shall be filed by the financial
institution subject to the Order within
fifteen business days following the day
when the financial institution subject to
the Order engaged in the transaction or
became aware of an attempted
transaction. Willful failure to provide
timely, accurate, and complete
information in such reporting may
constitute a violation of this Order
subject to civil and criminal penalties
under 31 U.S.C. 5321 and 5322.
(4) Form of Reporting. A report
required by this Order shall be filed on
an encrypted CD ROM sent to the
Department of the Treasury, Financial
Crimes Enforcement Network, Post
Office Box 39, Vienna, Virginia 22183–
0039 (Attn: 311 Reporting) However, if
a financial institution subject to this
Order determines the reportable
transaction to be suspicious, filing
FinCEN Form 111 within 15 days with
all required information included in an
attached CSV file and containing both in
the narrative and field 35z the text
‘‘Rmeiti Exchange SM1 Report’’ will be
deemed to comply with this Order. The
collection of information required by
this Order is approved under OMB
Control Number 1506–0065. An agency
may not conduct or sponsor and a
person is not required to respond to a
collection of information unless it
displays a valid OMB control number.
Part 2—Specifications for Reporting
(1) Financial institutions subject to
this Order shall place the required
information in a CSV file in the
following format:
Transaction Reference Number,
Payment Date, Instruction Date,
Payment Amount, Transmittor’s
Account Number, Transmittors’s Full
Name, Transmittors’s Address,
Transmittor’s Financial Institution’s
Identifier, Transmittor’s Financial
Institution’s Name, Transmittor’s
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Federal Register / Vol. 78, No. 80 / Thursday, April 25, 2013 / Notices
Dated: April 20, 2013.
Jennifer Shasky Calvery,
Director, Financial Crimes Enforcement
Network.
Part 3—Definitions
tkelley on DSK3SPTVN1PROD with NOTICES2
Financial Institution’s Address,
Incoming Correspondent Financial
Institution’s Identifier, Incoming
Correspondent Financial Institution’s
Name, Incoming Correspondent
Financial Institution’s Address,
Outgoing Correspondent Financial
Institution’s Identifier, Outgoing
Correspondent Financial Institution’s
Name, Outgoing Correspondent
Financial Institution’s Address,
Recipient’s Financial Institution’s
Identifier, Recipient’s Financial
Institution’s Name, Recipient’s
Financial Institution’s Address,
Recipient’s Account Number,
Recipient’s Full Name, Recipient’s
Address, Payment Instructions.
AGENCY:
[FR Doc. 2013–09779 Filed 4–23–13; 11:15 am]
BILLING CODE 4810–02–P
DEPARTMENT OF THE TREASURY
Financial Crimes Enforcement Network
Order Imposing Recordkeeping and
Reporting Obligations on Certain U.S.
Financial Institutions With Respect to
Transactions Involving Halawi
Exchange Co. as a Financial Institution
of Primary Money Laundering Concern
When used in this Order, where not
otherwise distinctly defined or
manifestly incompatible with the intent
thereof, terms shall have the meanings
ascribed in 31 CFR 1010.100. For
purposes of this Order, the following
terms shall have the following
meanings:
(1) Kassem Rmeiti & Co. For Exchange
means all branches, offices, and
subsidiaries of Kassem Rmeiti & Co. For
Exchange operating in any jurisdiction,
including the Rmaiti Group SAL in
Lebanon and Societe Rmaiti SARL (STE
Rmeiti) located in Benin specifically
identified in the Finding.
(2) Financial institution subject to the
Order means a covered financial
institution as defined in 31 CFR
1010.605(e)(1) or a money transmitter
required to register under 31 CFR
1022.380.
(3) Subsidiary means a company of
which more than 50 percent of the
voting stock or analogous equity interest
is owned by Kassem Rmeiti & Co. For
Exchange.
(4) Transaction Reference Number
means a reference number assigned to a
transaction by the reporting financial
institution.
(5) Incoming Correspondent Financial
Institution means the financial
institution that sent the transmittal
order to the reporting financial
institution.
(6) Outgoing Correspondent Financial
Institution means the financial
institution to which the reporting
financial institution will send a
transmittal order.
(7) Payment Instructions means any
information provided by the originator
to be included in the transmittal order
that describes the purpose of the
transaction for the beneficiary.
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18:10 Apr 24, 2013
Jkt 229001
Financial Crimes Enforcement
Network, Treasury (‘‘FinCEN’’).
ACTION: Order.
The Director of FinCEN found
on April 22, 2013, that Halawi Exchange
Co. (‘‘Halawi Exchange’’) is a financial
institution operating outside the United
States that is of primary money
laundering concern. The Director of
FinCEN is issuing an order imposing
certain recordkeeping and reporting
obligations with respect to transactions
involving Halawi Exchange (the
‘‘Order’’).
DATES: The Order is effective on April
23, 2013. The Order will remain in
effect until August 21, 2013.
FOR FURTHER INFORMATION CONTACT:
Regulatory Policy and Programs
Division, FinCEN, (800) 949–2732.
SUPPLEMENTARY INFORMATION: On April
22, 2013, the Director of FinCEN,
pursuant to 31 U.S.C. 5318A, found
Halawi Exchange to be a Financial
Institution of Primary Money
Laundering Concern (the ‘‘Finding’’).
Notice of the Finding is published
elsewhere in this issue of the Federal
Register.
Also published elsewhere in this
issue of the Federal Register is a notice
of proposed rulemaking (‘‘NPRM’’)
proposing to apply the first and fifth
special measures provided in 31 U.S.C.
5318A to any transaction or attempted
transaction involving Halawi Exchange.
The explanations and interpretations
found in the NPRM are applicable to
this Order to the extent that this Order
imposes the same obligations proposed
in the NPRM.
This Order addresses FinCEN’s
concern that Halawi Exchange may
continue to be involved in transactions
that present a substantial money
laundering risk prior to any
implementation of the proposed rule.
This Order applies to covered
financial institutions as defined in 31
SUMMARY:
PO 00000
Frm 00009
Fmt 4701
Sfmt 4703
24601
CFR 1010.605(e)(1), and money
transmitters that are required to register
under 31 CFR 1022.380 (‘‘principal
money transmitters’’), that are requested
to process transactions involving Halawi
Exchange. This Order requires covered
financial institutions and principal
money transmitters to report the
information listed in Part 2 below in a
comma separated value (‘‘CSV’’) file.
Covered financial institutions and
principal money transmitters are
required to load the CSV file on an
encrypted CD–ROM and mail the CD–
ROM on or before the 15th day
following the date of the transaction or
the date the covered financial
institution or principal money
transmitter became aware of the
attempted transaction to the Department
of the Treasury, Financial Crimes
Enforcement Network, Post Office Box
39, Vienna, Virginia 22183–0039 (Attn:
311 Reporting). Information of a contact
person from whom FinCEN may obtain
the encryption password should be
enclosed in the mailing. To ease
regulatory burden and as appropriate,
reports filed as Bank Secrecy ActSuspicious Activity Reports (‘‘BSA–
SARs’’) will be deemed to comply with
this reporting requirement if filed
within 15 days with all required
information included in an attached
CSV file and containing both in the
narrative and field 35z the text ‘‘Halawi
Exchange SM1 Report’’. As long as
transactions or attempted transactions
are reported within the fifteen-day
requirement and the attached CSV file
does not exceed one megabyte, multiple
transactions may be reported on the
same BSA–SAR.
This Order imposes requirements
with respect to entities identified as
primary money laundering concern for
their involvement in laundering the
proceeds of narcotics traffickers and
money launderers. Because advanced
notice of this action could result in the
loss of reporting information related to
these entities, and section 311 of the
USA PATRIOT Act authorizes the
issuance of this Order without a prior
notice of proposed rulemaking, it is
found to be impracticable, unnecessary,
and contrary to the public interest to
comply with notice and public
procedure under 5 U.S.C. 553(b). For
these reasons, the Order is made
effective before 30 days have passed
after its publication date. See 5 U.S.C.
553(d). In addition, the provisions of the
Regulatory Flexibility Act relating to
initial and final regulatory flexibility
analysis (5 U.S.C. 604) are not
applicable to this Order because FinCEN
was not required to publish a prior
E:\FR\FM\25APN2.SGM
25APN2
Agencies
[Federal Register Volume 78, Number 80 (Thursday, April 25, 2013)]
[Notices]
[Pages 24599-24601]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-09779]
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Financial Crimes Enforcement Network
Order Imposing Recordkeeping and Reporting Obligations on Certain
U.S. Financial Institutions With Respect to Transactions Involving
Kassem Rmeiti & Co. for Exchange as a Financial Institution of Primary
Money Laundering Concern
AGENCY: Financial Crimes Enforcement Network, Treasury (``FinCEN'').
ACTION: Order.
-----------------------------------------------------------------------
SUMMARY: The Director of FinCEN found on April 22, 2013 that Kassem
Rmeiti & Co. For Exchange (``Rmeiti Exchange'') is a financial
institution operating outside the United States that is of primary
money laundering concern. The Director of FinCEN is issuing an order
imposing certain recordkeeping and reporting obligations with respect
to transactions involving Rmeiti Exchange (the ``Order'').
DATES: The Order was effective on April 23, 2013. The Order will remain
in effect until August 21, 2013.
[[Page 24600]]
FOR FURTHER INFORMATION CONTACT: Regulatory Policy and Programs
Division, FinCEN, (800) 949-2732.
SUPPLEMENTARY INFORMATION: On April 22, 2013, the Director of FinCEN,
pursuant to 31 U.S.C. 5318A, found Rmeiti Exchange to be a Financial
Institution of Primary Money Laundering Concern (the ``Finding'').
Notice of the Finding is published elsewhere in this issue of the
Federal Register.
Also published elsewhere in this issue of the Federal Register is a
notice of proposed rulemaking (``NPRM'') proposing to apply the first
and fifth special measures provided in 31 U.S.C. 5318A to any
transaction or attempted transaction involving Rmeiti Exchange. The
explanations and interpretations found in the NPRM are applicable to
this Order to the extent that this Order imposes the same obligations
proposed in the NPRM.
This Order addresses FinCEN's concern that Rmeiti Exchange may
continue to be involved in transactions that present a substantial
money laundering risk prior to any implementation of the proposed rule.
This Order applies to covered financial institutions as defined in
31 CFR 1010.605(e)(1), and money transmitters that are required to
register under 31 CFR 1022.380 (``principal money transmitters''), that
are requested to process transactions involving Rmeiti Exchange. This
Order requires covered financial institutions and principal money
transmitters to report the information listed in Part 2 below in a
comma separated value (``CSV'') file. Covered financial institutions
and principal money transmitters are required to load the CSV file on
an encrypted CD ROM and mail the CD ROM on or before the 15th day
following the date of the transaction or the date the covered financial
institution or principal money transmitter became aware of the
attempted transaction to the Department of the Treasury, Financial
Crimes Enforcement Network, Post Office Box 39, Vienna, Virginia 22183-
0039 (Attn: 311 Reporting). Information of a contact person from whom
FinCEN may obtain the encryption password should be enclosed in the
mailing. To ease regulatory burden and as appropriate, reports filed as
Bank Secrecy Act-Suspicious Activity Reports (``BSA-SARs'') will be
deemed to comply with this reporting requirement if filed within 15
days with all required information included in an attached CSV file and
containing both in the narrative and field 35z the text ``Rmeiti
Exchange SM1 Report''. As long as transactions or attempted
transactions are reported within the fifteen-day requirement and the
attached CSV file does not exceed one megabyte, multiple transactions
may be reported on the same BSA-SAR.
This Order imposes requirements with respect to entities identified
as primary money laundering concern for their involvement in laundering
the proceeds of narcotics traffickers and money launderers. Because
advanced notice of this action could result in the loss of reporting
information related to these entities, and section 311 of the USA
PATRIOT Act authorizes the issuance of this Order without a prior
notice of proposed rulemaking, it is found to be impracticable,
unnecessary, and contrary to the public interest to comply with notice
and public procedure under 5 U.S.C. 553(b). For these reasons, the
Order is made effective before 30 days have passed after its
publication date. See 5 U.S.C. 553(d). In addition, the provisions of
the Regulatory Flexibility Act relating to initial and final regulatory
flexibility analysis (5 U.S.C. 604) are not applicable to this Order
because FinCEN was not required to publish a prior notice of proposed
rulemaking under 5 U.S.C. 553 or any other law.
By virtue of the authority contained in 31 U.S.C. 5318A and
delegated to the Director of FinCEN, I hereby order, for the period
from April 23, 2013 through August 21, 2013 that:
Part 1--Requirements for Financial Institutions Subject to This Order
(1) Identifying Transactions or Attempted Transactions Involving
Kassem Rmeiti & Co. For Exchange. A financial institution subject to
this Order is required to use its existing anti-money laundering
programs and processes to identify transactions or attempted
transactions involving Kassem Rmeiti & Co. For Exchange. U.S. financial
institutions generally apply some degree of due diligence in screening
their transactions and accounts, often through the use of commercially
available software such as that used for compliance with the economic
sanctions programs administered by the Office of Foreign Assets Control
of the Department of the Treasury. The identification required by this
Order may be accomplished by relying on these same automated programs
and filters used to identify sanctioned entities.
(2) Reporting. A financial institution subject to this Order is
required to take reasonable steps to collect and report to FinCEN on
the following information with respect to any transaction or attempted
transaction involving Kassem Rmeiti & Co. For Exchange:
(i) The identity and address of the participants in the transaction
or attempted transaction, including the identity of the originator and
beneficiary of any funds transfer;
(ii) the legal capacity in which Kassem Rmeiti & Co. For Exchange
is acting with respect to the transaction or attempted transaction and,
to the extent to which Kassem Rmeiti & Co. For Exchange is not acting
on its own behalf, the customer or other person on whose behalf Kassem
Rmeiti & Co. For Exchange is acting; and
(iii) a description of the transaction or attempted transactions
and its purpose.
(3) When to file. A report required this Order shall be filed by
the financial institution subject to the Order within fifteen business
days following the day when the financial institution subject to the
Order engaged in the transaction or became aware of an attempted
transaction. Willful failure to provide timely, accurate, and complete
information in such reporting may constitute a violation of this Order
subject to civil and criminal penalties under 31 U.S.C. 5321 and 5322.
(4) Form of Reporting. A report required by this Order shall be
filed on an encrypted CD ROM sent to the Department of the Treasury,
Financial Crimes Enforcement Network, Post Office Box 39, Vienna,
Virginia 22183-0039 (Attn: 311 Reporting) However, if a financial
institution subject to this Order determines the reportable transaction
to be suspicious, filing FinCEN Form 111 within 15 days with all
required information included in an attached CSV file and containing
both in the narrative and field 35z the text ``Rmeiti Exchange SM1
Report'' will be deemed to comply with this Order. The collection of
information required by this Order is approved under OMB Control Number
1506-0065. An agency may not conduct or sponsor and a person is not
required to respond to a collection of information unless it displays a
valid OMB control number.
Part 2--Specifications for Reporting
(1) Financial institutions subject to this Order shall place the
required information in a CSV file in the following format:
Transaction Reference Number, Payment Date, Instruction Date,
Payment Amount, Transmittor's Account Number, Transmittors's Full Name,
Transmittors's Address, Transmittor's Financial Institution's
Identifier, Transmittor's Financial Institution's Name, Transmittor's
[[Page 24601]]
Financial Institution's Address, Incoming Correspondent Financial
Institution's Identifier, Incoming Correspondent Financial
Institution's Name, Incoming Correspondent Financial Institution's
Address, Outgoing Correspondent Financial Institution's Identifier,
Outgoing Correspondent Financial Institution's Name, Outgoing
Correspondent Financial Institution's Address, Recipient's Financial
Institution's Identifier, Recipient's Financial Institution's Name,
Recipient's Financial Institution's Address, Recipient's Account
Number, Recipient's Full Name, Recipient's Address, Payment
Instructions.
Part 3--Definitions
When used in this Order, where not otherwise distinctly defined or
manifestly incompatible with the intent thereof, terms shall have the
meanings ascribed in 31 CFR 1010.100. For purposes of this Order, the
following terms shall have the following meanings:
(1) Kassem Rmeiti & Co. For Exchange means all branches, offices,
and subsidiaries of Kassem Rmeiti & Co. For Exchange operating in any
jurisdiction, including the Rmaiti Group SAL in Lebanon and Societe
Rmaiti SARL (STE Rmeiti) located in Benin specifically identified in
the Finding.
(2) Financial institution subject to the Order means a covered
financial institution as defined in 31 CFR 1010.605(e)(1) or a money
transmitter required to register under 31 CFR 1022.380.
(3) Subsidiary means a company of which more than 50 percent of the
voting stock or analogous equity interest is owned by Kassem Rmeiti &
Co. For Exchange.
(4) Transaction Reference Number means a reference number assigned
to a transaction by the reporting financial institution.
(5) Incoming Correspondent Financial Institution means the
financial institution that sent the transmittal order to the reporting
financial institution.
(6) Outgoing Correspondent Financial Institution means the
financial institution to which the reporting financial institution will
send a transmittal order.
(7) Payment Instructions means any information provided by the
originator to be included in the transmittal order that describes the
purpose of the transaction for the beneficiary.
Dated: April 20, 2013.
Jennifer Shasky Calvery,
Director, Financial Crimes Enforcement Network.
[FR Doc. 2013-09779 Filed 4-23-13; 11:15 am]
BILLING CODE 4810-02-P