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一家總部位於法國的石油勘探公司與伊朗的煉油廠有業務往來，該煉油廠受到外國資產管制辦公室 (OFAC) 的全面製裁。OFAC 應針對這家法國公司實施哪種類型的製裁？
A. 基於國家/地區
B. 次要
C. 基於列表
D. 部門
Answer: B
Explanation:
OFAC imposes secondary sanctions on non-US entities (like a French oil company) that do business with comprehensively sanctioned countries (such as Iran). Secondary sanctions are designed to discourage non-US persons from engaging in certain activities with sanctioned countries or individuals, even if there is no direct US nexus in the transaction. The CAMS 6th Edition and OFAC documentation explain that secondary sanctions can restrict access to US markets, banks, or the US financial system for violators. This is different from primary sanctions, which directly prohibit US persons from certain transactions.
References:
CAMS 6th Edition, Chapter 6: "Sanctions Compliance"
US Treasury, OFAC FAQs on Iran Sanctions
"Secondary sanctions" definition and examples, see also US Iran Sanctions (31 CFR Part 560)
NEW QUESTION # 519
將一個國家設計為「主要洗錢問題」可以讓美國政府做什麼？
A. 確保將該國家納入 FATF 的非合作國家和地區名單
B. 確保將該國家納入外國資產管制國家製裁計畫辦公室
C. 關閉部分或全部往來帳戶或應付帳戶
D. 從位於美國境外的美資子銀行取得交易訊息
Answer: C
Explanation:
Designating a country as being of "prime money laundering concern" allows the U.S. government to impose one or more of five special measures under Section 311 of the USA PATRIOT Act12. These special measures are intended to protect the U.S. financial system from the risks posed by the designated country, such as money laundering, terrorist financing, or other illicit activities. The fifth special measure, which is the most severe, authorizes the Treasury Department to prohibit U.S. financial institutions from opening or maintaining correspondent or payable-through accounts for foreign financial institutions that involve the designated country12. Correspondent accounts are accounts that enable foreign banks to access the U.S. financial system and provide services to their customers, while payable-through accounts are accounts that allow foreign banks to offer their customers direct access to the U.S. financial system3. Closing these accounts effectively cuts off the designated country from the U.S. financial system and imposes significant costs and burdens on its financial sector.
1: 311 Actions | U.S. Department of the Treasury
2: Press Releases - U.S. Department of the Treasury
3: Anti-Money Laundering Laws and Regulations USA 2023-2024
NEW QUESTION # 520
哪一個準確地描述了洗錢的社會和經濟影響？
A. 洗錢者通常會透過幌子公司匯出其經營所在司法管轄區應繳納的所有稅款。
B. 洗錢活動的增加通常會帶來更大的經濟穩定性，因為利潤會在管轄範圍內再投資。
C. 洗錢會影響金融部門，而金融部門對於經濟成長至關重要。
D. 外國投資者往往被洗錢活動嚴重的司法管轄區所吸引，因為同樣的條件有利於合法的經濟活動。
Answer: C
Explanation:
Money laundering has a significant negative impact on the financial sector by undermining the integrity of financial markets. It distorts asset and commodity prices and leads to the misallocation of resources, which can dampen economic growth. The process also erodes public trust in the financial system and can deter foreign investment.
NEW QUESTION # 521
《美國愛國者法案》允許美國政府對美國境外的金融機構 (Fls) 採取哪些行動？
A. 當個別金融機構不遵守美國法律時對國家/地區進行製裁。
B. 吊銷非美國佛羅裡達州在美國以外國家的銀行牌照。
C. 佛羅裡達州的傳票文件，但在美國不存在。
D. 允許所有美國監管機構將非美國金融機構列入特別指定國民和被阻止人員名單。
Answer: C
Explanation:
Section 319(b) of the USA PATRIOT Act authorizes the U.S. government to subpoena records from any foreign bank that maintains a correspondent account in the U.S., regardless of whether the foreign bank has a physical presence in the U.S. or not. The subpoena may request any records relating to the correspondent account or any account at the foreign bank, including records maintained outside the U.S. If the foreign bank fails to comply with the subpoena, the U.S. government may direct any U.S. financial institution to terminate its correspondent relationship with the foreign bank and impose civil penalties.
References:
Bank Records Related to Anti-Money Laundering Programs, FinCEN, accessed February 2024.
How Patriot Act Affects Financial Institutions?, Sanction Scanner, November 2020.
NEW QUESTION # 522
關於反洗錢調查中的資料隱私的哪一種說法最準確？
A. 任何被提交可疑報告的客戶都有權要求刪除其個人資料。
B. 資料隱私法禁止所有司法管轄區的金融機構之間為了反洗錢調查的目的共享資訊。
C. 組織在向相關金融情報機構 (FIU) 提交 SAR 之前，必須證明客戶已選擇參與資訊共享。
D. 金融情報機構（FIU）應記錄可疑活動報告（SAR）中包含的個人資料與其他機構共享的目的。
Answer: D
Explanation:
AML compliance must be balanced with data privacy laws, including GDPR (EU), CCPA (U.S.), and banking secrecy regulations.
Option A (Correct): FIUs must document why and how personal data in SARs is shared with law enforcement or regulators.
Option B (Incorrect): SAR subjects cannot request redaction-SARs are confidential to avoid "tipping off" the suspect.
Option C (Incorrect): Many jurisdictions allow AML-related information sharing, particularly under FATF guidance.
Option D (Incorrect): SARs do not require customer consent-they are filed based on legal obligations.
Key Data Privacy Considerations in AML Investigations:
GDPR Article 6 permits data processing for AML compliance.
Banking secrecy laws have exemptions for AML disclosures.
FIUs must document SAR handling procedures for legal compliance.
Best Practices for Managing Data Privacy in AML:
Limit data collection to what is necessary for AML compliance.
Ensure SAR information is only shared with authorized agencies.
Comply with local and international data privacy laws.
Reference:
FATF Recommendation 2 (National Cooperation in AML)
General Data Protection Regulation (GDPR) Compliance for AML
6th EU AML Directive (6AMLD) on SAR Confidentiality
NEW QUESTION # 523
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