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Pakistan's biggest lender Habib Bank may face $630-mn US watchdog fine

According to the watchdog, HBL's compliance with anti-money laundering laws is dangerously weak

Reuters  |  Islamabad 

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The New York State Department of Financial Services (DFS) said it is seeking to fine Habib Bank Ltd, Pakistan's biggest lender, up to $630 million for "grave" compliance failures relating to anti-rules and sanctions at its only US branch.

If imposed, the penalty on Habib Bank (HBL) would be the largest-ever faced by a Pakistani financial institution.

Karachi-listed HBL plans to surrender the foreign bank license for its New York branch, according to the DFS, which intends to expand its review of the bank's transactions.

The said in a filing that HBL's compliance was "dangerously weak" and that "serious and persistent" failings found at its New York branch appeared to affect the entire Habib banking enterprise, posing "grave risks" to the banking system.

Nausheen Ahmad, the bank's company secretary, said in a statement on Monday that did not recognise "the significant progress that HBL has made at its branch in New York" and that the bank would vigorously contest the proposed fine in US courts.

HBL said the closure of its New York operation would have no material impact on HBL's business outside the United States. Pakistan's central bank said the potential fine posed no imminent risks to HBL or the country's banking system.

The said in a filing that its investigation had found that HBL held a US clearing account with Saudi's largest private bank Al Rajhi, which has been linked in the media and by the US Senate to and the financing of extremism.

The regulator also found instances of so-called "wire-stripping", where a bank deliberately strips out information related to a payment, such as the originator or beneficiary, that may raise suspicions.

In one such instance of wire-stripping, the payment concerned involved a Chinese weapons manufacturer that was subject to US non-proliferation sanctions, the said.

The also said HBL had not screened more than 4,000 transactions because the parties involved were on a "good-guy" list of customers identified by the bank as very low risk.

However, more than 150 screening terms, such as names or entities, on the so-called good guy list directly corresponded to entities that had been sanctioned by the US Treasury Department, it said. These included a transaction that involved the leader of a Pakistani militant group and an arms dealer.

The said its probe also uncovered payments totalling more than $27,000 sent to an account at the bank's head office associated with an individual wanted by the FBI for cyber crimes.

Serious deficiencies

The said HBL's compliance issues dated back to 2006 when the bank agreed with regulators to address problems with the bank's sanctions laws compliance programme.

Since then, HBL has struggled to comply with the agreement, the said, noting a 2015 inspection identified "serious deficiencies" in the bank's anti-controls.

HBL, majority-owned by the Pakistani government, subsequently agreed to introduce a range of measures to guard against and sanctions violations, including improving management oversight, tightening customer due diligence and suspicious transaction monitoring.

But a 2016 inspection revealed ongoing problems, including insufficient training, documentation, oversight, and a US-dollar clearing account with Saudi Arabia's Al Rajhi, which "presented Habib Bank with a significant risk of being used for terrorist financing," the said.

New York State imposed strict anti-regulations in 2015, and the has since pursued several aggressive enforcement actions against foreign banks for anti-control lapses over the past two years.

These include Agricultural Bank of China, Mega Commercial Bank of Taiwan and National Bank of Pakistan.

In 2013, the imposed a $2.4 billion fine on BNP Paribas for sanctions breaches.

First Published: Tue, August 29 2017. 11:16 IST