Special measures under the USA PATRIOT Act at-a-glance
Chris Hamblin, Editor, London, 8 May 2015
FinCEN has exercised its powers to block various activity under America's primary anti-terrorist statute about two dozen times. Here is a quick guide to its 'rulemakings' in table form.
US financial institutions must comply with rules impose 'special measures' under s311 USA PATRIOT Act. This section was enacted to give the government latitude in the persecution of various entities and practices that it dislikes. The statute grants the director of the US Treasury's Financial Crime Enforcement Network the authority, upon finding that reasonable grounds exist for concluding that a foreign jurisdiction, institution, class of transaction, or type of account is of “primary money laundering concern,” to issue rules imposing “special measures” against the “primary money laundering concern.” The phrase “reasonable grounds,” however, can include practically anything.
Since 2002, the Director of FinCEN has made several such findings and imposed Special Measures against foreign jurisdictions and foreign financial institutions. His 'rulemakings,' as he calls them, are listed here in alphabetical order.