Barclays bank rejects customers to comply with US terror law

Jun 06, 2008 5 Replies

Barclays bank rejects customers to comply with US terror law



Sean O'Neill, Crime and Security Editor The Times June 6, 2008



formatting link
formatting link
Barclays is using controversial American anti-terrorism laws to shut down the personal bank accounts of British citizens who are working for Iranian-owned businesses, The Times has learnt.



The bank has unilaterally enforced anti-Iran sanctions drawn up by the Bush Administration under the US Patriot Act against companies that operate completely legally in Britain. Those affected by the account closures are not directors of the companies but ordinary staff members, including clerical officers, computer engineers and bank tellers.



Barclays refuses to discuss the decision or to say how many people have been affected by its action. But The Times has obtained a letter written by Deborah Cooper, a senior Barclays lawyer, which states that the bank must consider ?the global regulatory environment? and regards ?full compliance with sanctions regimes to be of extreme importance?.



Ms Cooper?s letter was addressed to lawyers representing employees of the Iranian-owned banks Saderat and Melli whose accounts have been closed and funds returned to the account holder.



Both banks are based in the City, fully licensed to operate in Britain and regulated by the Financial Services Authority. Neither is subject to the extensive Iranian sanctions regimes that are operated by the Treasury or the European Union.



However, the US Government?s Office of Foreign Assets Control has placed both on its list of specially designated nationals (SDNs).



Ms Cooper?s letter said: ?Barclays has . . . a policy of not conducting business with people or entities which are publicly designated SDNs and in line with that Barclays is unable to receive payments from or undertake other business which involves Melli or Saderat.?



Barclays began the account closures in February, shortly after reports from industry sources that US Treasury agents had been touring the City of London putting pressure on financial institutions to withdraw from any form of business that might have Iranian links.



One source told The Times that City banks had been warned that they would lose access to the US market if they continued to deal with Iranian businesses. Barclays has extensive business interests in the United States.



The US Government has accused Melli Bank of alleged links to the proliferation of weapons of mass destruction and described Bank Saderat as a terrorist financier that has channelled money to Hezbollah and other groups. Both banks deny the allegations strongly.



Case study: Cast out in the supermarket



Chris was doing the shopping in Tesco when Barclays rang to tell him that his bank account was being closed. Later that evening his wife was told that her Barclays account, which she had held for 25 years, was also being closed.



Chris, 46, works in IT for Bank Saderat, and his wife is in the accounts department of Melli Bank. Both institutions are Iranian-owned. ?They said it was because of sanctions but I knew there were no British sanctions on the banks. I asked them if they were responding to US laws and they said they didn?t have to give me a reason,? he said.



The couple opened new accounts with one of Barclays? rivals but they had difficulty transferring standing orders, especially Chris?s child-support payments. He said: ?I know that UK banks are being pressured by America to stop all dealings with Iran but what impact will it have to shut an English bloke?s account with an English bank? The Iranians won?t give a monkey?s. What upsets me is the lack of respect Barclays have for their customers.?


"Robin T Cox" wrote

formatting link
>
formatting link
>

Hmmm. If *Iran* introduced corrresponding sanctions against America (or have they already?), then would Barclays close all their American accounts, to comply with Iran's sanctions? If not, then their statement above is invalid!

If the customer takes it to the Financial Ombudsman Service, are Barclays going to tell *them* that they don't have to give a reason?! If so, do you think the FOS will find the decision to close the a/c's as fair?

One big difference is that Barclay has operations in the US, but not in Iran. Canada has laws that forbid companies to obey certain US laws, e.g., the boycott of Cuba. It would be nice to see a British government that is willing to stand up to the US.

Of course, and that is likely the *real* reason for the a/c closures, rather than the reason as stated ("full compliance with [global regulatory] sanctions regimes").

wrote

How does that work, then? Canadian companies are *forced* to do business with Cuba?!

If a Canadian company didn't do business with Cuba, how would you know whether that was because they were actively boycotting Cuba, or just because they thought that the business opportunities elsewhere were better?

It doesn't force them to do business with Cuba if they don't want to. What it does is to forbid Canadian companies from complying with the US law which requires foreign companies operating in the US to report any property they own in Cuba. It also makes any fines levied on Canadian companies by US courts as a result of the US anti-Cuba laws unenforceable on Canadian-owned companies or individuals in Canada, and also allows Canadian companies or individuals who have fines levied against them in the US as a result of the laws to counter-sue in Canada for compensation.

There's some background on the NY Times website:

formatting link
Mark

"Mark Goodge" wrote

Ah, so it doesn't " ... forbid companies to obey ... the boycott of Cuba", as was stated!

Join the Discussion

Have something to add? Share your thoughts — no account required.

Didn't find your answer?

Ask the community — no account required