The New York Department of Financial Services (NYDFS) announced that Industrial and Commercial Bank of China (ICBC) has agreed to pay $32 million in penalties pursuant to a Consent Order entered into with the NYDFS. The Consent Order settles the Department’s investigation into numerous Bank Secrecy Act and Anti-Money Laundering (BSA/AML) compliance violations.
“Bank Secrecy Act and Anti-Money Laundering laws and regulations are critical national security protections, safeguarding financial markets and consumers from bad actors,” said Superintendent of Financial Services, Adrienne Harris. “Regulated institutions must be held accountable for failing to adhere to New York’s rigorous legal and regulatory standards.”
The Consent Order resolves the Department’s investigation into ICBC’s compliance failures, including multiple deficiencies in the New York branch’s BSA/AML compliance program from 2018 through 2022 including the Bank’s failure to maintain books and records, its failure to submit a report to the Superintendent upon discovering the occurrence of “embezzlement, misapplication, larceny, forgery, fraud, dishonesty, making of false entries and omission of true entries, or other misconduct.”
The investigation also concluded that a former New York branch employee, under the order of a branch employee, backdated several compliance documents and that ICBC failed to report this misconduct to the Department in a timely fashion. Finally, the investigation concluded that ICBC unlawfully disclosed confidential supervisory information to an overseas regulator.
Required ICBC Compliance Improvements
As part of its agreement with the Department, in addition to paying a $30 million penalty to New York State, ICBC will be required to create a written plan, acceptable to the Department, outlining improvements to compliance policies and procedures, corporate governance and management oversight, customer due diligence requirements, and the handling of confidential supervisory information. According to the Consent Order the Bank’s plan is required to include updates on the following:
- A system of internal controls reasonably designed to ensure compliance with BSA/AML requirements and relevant state laws and regulations;
- Controls reasonably designed to ensure compliance with all requirements relating to correspondent accounts for foreign financial institutions;
- A comprehensive BSA/AML risk assessment that identifies and considers all products and services of the New York Branch, customer types, geographic locations, and transaction volumes, as appropriate, in determining inherent and residual risks;
- Management of the New York Branch’s BSA/AML compliance program by a qualified compliance officer, who is given full autonomy, independence, and responsibility for implementing and maintaining an effective BSA/AML compliance program that is commensurate with the New York Branch’s size and risk profile, and is supported by adequate staffing levels and resources;
- Identification of management information systems used to achieve compliance with BSA/AML requirements and relevant state laws and regulations, and a timeline to review key systems to ensure they are configured to mitigate BSA/AML risks;
- Comprehensive and timely independent testing for the New York Branch’s compliance with applicable BSA/AML requirements and relevant state laws and regulations; and
- Effective training for all appropriate New York Branch personnel and appropriate ICBC personnel that perform BSA/AML compliance-related functions for the New York Branch in all aspects of BSA/AML requirements, relevant state laws and regulations, and relevant internal policies and procedures.
