CAMS-FCI practice question 5 of 25

The law enforcement agency (LEA) of a foreign jurisdiction contacts a financial institution (Fl) regarding one of the Fl's clients. The LEA advises that the client is currently wanted for prosecution as a result of a series of human trafficking charges. What should the Fl do? (Select Two.)

Full set: 101 questions
Answer options
A: Review the client's activity, determine if suspicious activity exists, and report accordingly. Correct answer
B: Advise the LEA that the government needs to be contacted for extradition.
C: Comply immediately with the foreign jurisdiction and turn over all client information.
D: Inform local LEA and regulator of the request for awareness. Correct answer
E: Close the clients accounts immediately to avoid any undue risk.
Correct Answer:
A. Review the client's activity, determine if suspicious activity exists, and report accordingly.; D. Inform local LEA and regulator of the request for awareness.
Explanation

When a financial institution (FI) receives a request from a foreign law enforcement agency (LEA), it must proceed cautiously to avoid violating local data privacy and bank secrecy laws. The request serves as a significant trigger to review the client's activity for potential suspicion and file a report with its own Financial Intelligence Unit if warranted (A). The FI must also inform its local LEA and/or regulator of the request (D). This allows the request to be vetted and handled through proper legal channels, such as a Mutual Legal Assistance Treaty (MLAT), ensuring the FI acts in compliance with its domestic legal obligations.

Why Incorrect

B: Advising a foreign LEA on international legal procedures like extradition is outside the scope and expertise of an FI's compliance function. C: Directly providing client information to a foreign LEA without a proper legal gateway could violate local bank secrecy and data privacy laws. E: Immediately closing the account could alert the client ("tipping off") and potentially hinder an ongoing law enforcement investigation.

References

1. ACAMS CAMS6-EN Study Guide, Chapter 2: Compliance Standards for Anti-Money Laundering and Combating the Financing of Terrorism, (2020), pp. 103-104. "If a law enforcement inquiry is received... the institution should... ensure that all subpoenas, summonses, and other requests are reviewed by senior management and/or counsel to determine how best to respond."

2. Financial Action Task Force (FATF). (2012-2023). International Standards on Combating Money Laundering and the Financing of Terrorism & Proliferation – The FATF Recommendations, Recommendation 40, and Interpretive Note to Recommendation 40 (Other Forms of International Co-operation).

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