Published on Monday, July 23, 2007
HAVANA, Cuba (Reuters): Heightened scrutiny of banking transactions by
the United States since the September 11 attacks has led European and
Canadian banks to curtail dealings with Cuba, bankers and businesses say.
Cuba ceased exporting armed revolution to Latin America two decades ago,
but Washington still lists Communist Cuba as a "rogue" state that
sponsors terrorism, along with Iran, Syria, Sudan and North Korea.
The USA Patriot Act allows US authorities to confiscate assets and
penalise institutions that fail to report money laundering and terrorist
financing.
The result — perhaps intended — is that Western businessmen in Havana
are having nightmares moving funds in dollars to and from Cuba because
banks are increasingly refusing their business.
HSBC, Barclays, Credit Suisse, Royal Bank of Canada and the Bank of Nova
Scotia, also known as Scotiabank, have closed accounts of Cuban
companies or reduced business tied to Cuba since last year to comply
with US regulations.
The moves were confirmed either by the banks themselves, by Cuban
officials, or by people doing business in Cuba.
"Canadian banks have told clients to close their accounts and their
credit cards because they have a business address in Cuba," said
Canadian Mario Simonato, who imports vehicles and heavy equipment into Cuba.
The Havana-based owner of King City Equipment Inc. of King City, Ontario
imports vehicles and equipment from Canada, but is turning to China for
business due to increased hurdles placed by Canadian authorities who, he
says, are bending to pressure from the United States.
ING Groep NV , the first big Western bank to set up business in
Communist Cuba, doing so in 1994, said two weeks ago that it will close
its Havana office.
ING said it was purely a business decision, but it followed the
blacklisting last year by the United States of its banking joint venture
with Cuba.
"The banks don't want to risk a fine by the Federal Reserve. Banks like
ING and HSBC have much bigger fish to fry than Cuba," said Simonato.
Scotiabank last year ended dollar transactions by the Cuban embassy in
Jamaica and was criticized for bowing to US rules.
"It is a risk mitigation measure, a straight issue of our ability to
settle transactions on US dollar accounts," said Scotiabank spokesman
Frank Switzer. "It applies to anyone on a US sanctions list."
The move to comply with US regulations came in the wake of the heaviest
penalty in banking history.
In 2004, Switzerland's largest bank, UBS AG , was fined an unprecedented
$100 million by the US Federal Reserve for helping Cuba, Iran, Libya and
the former Yugoslavia swap old dollar banknotes for new currency.
UBS said it had "substantially completed" its exit from dealings with
Cuba, Iran, North Korea, Myanmar, Sudan and Syria by the end of last year.
"UBS took this decision in 2005 after its own, careful evaluation of the
costs and benefits of doing business with counterparties in these
countries," said Doug Morris, UBS spokesman in New York.
In its annual report filed with the US Securities and Exchange
Commission in March, Credit Suisse said it will end all dealings with
corporate clients and most private banking clients in the five countries
under US sanctions.
Shunned by Swiss banks, Cuba has had trouble funding its UN mission in
Geneva, a European diplomat in Havana said.
Last month, Cuba complained that UBS and Panama-based Banistmo, owned by
HSBC, had refused to process the payment of its annual membership fee in
the Latin American parliament.
The US Treasury denied it was actively pressuring foreign banks to cut
off business with Cuba, but said it has stepped up pressure on banks to
cut ties with Iran in recent months.
Such efforts may be causing international banks to rethink their overall
policies toward customer relationship risk.
"Financial institutions and companies have to make their own decisions
regarding what business they want to take on, and evaluating the risks
posed by certain customers is certainly a key factor," said a Treasury
official.
The US Securities and Exchange Commission last month posted a list of
companies whose annual reports contain any references to Iran, Sudan,
Syria, North Korea and Cuba.
The online tool is meant to allow investors to search for businesses
with ties to state sponsors of terrorism. Companies on the list were
outraged because it did not make clear what were their exact ties with
the five countries.
The bank squeeze is obstructing Cuba's financial operations more than
the US trade embargo enforced since 1962, which was amended in 2000 to
allow US companies to sell food to Cuba.
"It doesn't make life impossible, but it has become harder to find a
bank that is willing to open an account," said a European businessman in
Havana who asked not to be named.
Nine out of 10 international banks refuse to open accounts for Cuban
nationals or companies operating in Cuba, he said.
"The Patriot Act gave US authorities a tool to do what they could not do
before: chase foreign banks to comply with US sanctions," he said.
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