United States: 预付卡和其他卡类计划的客户识别新指南

美国联邦银行监管机构和金融犯罪执法网络("FinCEN")近期颁布了一项针对银行、储蓄机构、信用社和外国银行分支("银行")发行预付卡的指导手册( "指南"),该指南解释了《美国爱国者法》第326条项下的 "了解你的客户"或"客户识别计划"条例("条例")的适用性问题。该指南于2016年3月21日生效,适用于银行或为银行设计、管理和运营预付卡计划的第三方出售的和经销的卡类。不遵守该指南可能会引致重大不利监管行为,特别是在违反反洗钱合规要求的情况下。

重点

  • 一般用途、可重复冲值的预付卡计划视为发卡行的"账户",持卡人是条例下的银行"客户"。
  • 雇员工资卡计划持有人和政府电子收益转账卡计划持有人并非条例下的银行"客户",除非银行计划向持卡人提供信贷或透支功能或允许持卡人通过雇主或政府计划以外的方式向该卡存款。

背景

预付卡是个人、私人实体和公共实体使用的公认的主流金融产品。一般用途预付卡可由多个独立的商家使用,并允许持卡人使用各类功能,包括传统上使用其他的一些功能,比如与银行存款账户或信用卡绑定的支票或借记卡。这些功能包括在自动取款机的现金提取、付账和划拨钱款。

这些吸引客户的预付卡功能也给发行预付卡和处理预付卡交易的银行带来风险。例如,预付卡的简单获取、匿名使用预付卡的能力和相对大额资金能通过综合预付账户资金池流通的潜质使预付卡暴露于洗钱和其他犯罪之下。

指南

储蓄机构和预付卡行业实施的控制,比如卡值和允许转账的频率和数量的限制以及对第三方和持卡人的尽职调查,都会降低预付卡带来的风险。本指南对条例进行了解释,并提出了遵守条例的其他步骤:

  • 与传统存款、资金或交易账户中资金增加方式类似,由持卡人或代表持卡人的另一方重复冲值的一般用途预付卡的发行建立了与正式的银行往来关系,并等同于条例下的开户。
  • 如果一张卡可通过自助票据交换中心、电汇、支票、移动手机进行无卡类转账,或持卡人到持卡人的转账,或转账到持卡人在该行的另一账户,且能如同一般用途预付卡重复充值,则提供这些转账功能的卡视为在银行创设了账户。
  • 未有任何可重复充值功能或信贷功能的预付卡将不会建立与银行之间的开户关系,除非那些功能或特点由持卡人主动激活。
  • 即使持卡人并非名义账户持有人,但只要其从使用银行综合账户进行卡内充值的第三方处获得了该卡,则持卡人应被视为条例下的银行客户。
  • 工资卡和保健福利卡(比如医疗储蓄账户卡或可进行灵活支出安排的卡)创设了银行无雇主(非个人雇员)—客户关系,除非个人雇员被允许通过该卡进行信贷或从雇主以外的其他来源对工资卡账户重复充值。
  • 同样的,如果政府补贴卡(电子收益转账卡)不允许受益人在该卡存入与政府计划无关的资金且不允许信贷,与政府实体或受益人之间不会创设客户关系。

行动项目

根据本指南,银行应仔细考虑他们的预付卡计划,特别是他们的第三方和综合预付卡计划以及他们的"了解你的客户"的管制程序。预付卡计划至少应:

  • 根据适当的银行供应商管理计划和银行内部产品批准和风险委员会程序进行设立和监督。
  • 确定第三方营销商和计划中使用的经销渠道。这些考虑很有益处,不仅能降低反洗钱合规风险,还能降低其他的银行监管政策风险,比如关于透支和其他短期消费贷款的监管政策。
  • 备有银行及其计划管理者之间分配义务和风险且需要适当记录保留的合同证明文件。本指南中描述的任何代理关系应加以适当限制,以避免银行或其计划管理者的不可预期的责任。
  • 需要遵守适用的银行规则和计划,包括条例、指南、联邦存款保险公司(FDIC)的存款保险规则和(如适用)联邦金融机构检查委员会的信息技术手册。
  • 确定各方的"了解你的顾客"的义务。
  • 确保银行转移、存储或以其他方式可即时获取由第三方管理者持有的所有客户和账户信息的权利。该等信息也应根据FDIC存款保险规则加以保存,以维持尽可能多的FDIC保险。应特别注意那些总合账户,在尽可能的范围内提供代管存款保险。
  • 允许银行审核计划管理者并监督其表现。
  • 考虑《银行服务公司法案》,并(如适用)允许适当的监管机构检查第三方计划管理者。
  • 考虑指南中有关的手机和网上银行应用程序以及在其中预付卡只提供辅助功能式交付功能的项目。

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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Lisa M. Ledbetter
 
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