CONFUSED with Privately Owned ATM Guidance

Posted By: Polo

CONFUSED with Privately Owned ATM Guidance - 05/18/12 04:27 PM

I need BOL members help in fully understanding the FinCEN requirements for bank due diligence regarding “Privately Owned ATMs”

After reading the section from FinCEN Guidance Manual (4/2011) regarding Privately Owned ATMs multiple times, I think my brain is starting to over-heat. I am coming to an understanding that the Guidance may be directed towards banks that have, allow or sponsor ISOs and/or privately owned ATM networks and not the simply fact that a small business checking account customer, who is a merchant for example, has or owns an ATM but does NOT have a network sponsor relationship with the bank.

Per our IT director and all around ATM network guy; “the bank does not sponsor any ATM or ISO networks.” He says we only operate/sponsor the ATM network for the bank owned ATMs.

I have read some other banks comments on this subject and the majority seems to be coming to a conclusion that if they have a customer who owns or leases an ATM, has it in their store and may or may not use their bank to fund the ATM, they are following the FFIEC’s AML Guidance which specifically addresses ISO and sponsored Network provider risk mitigation activities, such as,
obtaining a ATM lease or purchase agreement with the customer “sponsoring entity”
identifying all location the customer may have ATMs
Whether it is registered (if state requires it)
Copies of 3 monthly statement of ATM activities
How much and how often the ATM is filled, and
What the expected usage and fee collection is.

This type of due diligence does not appear (to me) to be what the FFIEC AML Guidance is referring to (as the “Risk Factor” they are concerned with). Of course, AML risk is always a concern and a bank’s entire BSA program should address all factors. However, this subject appears to specifically address a particular threat or specific concern by law enforcement. The guidance says (page 250-254)
Excerpts: (emphasis provided)
Some electronic funds transfers (EFT) or point-of-sale (POS) networks require an ISO to be sponsored by a member of the network (sponsoring bank). The sponsoring bank and the ISO are subject to all network rules. The sponsoring bank is also charged with ensuring the ISO abides by all network rules. Therefore, the sponsoring bank should conduct proper due diligence on the ISO and maintain adequate documentation to ensure that the sponsored ISO complies with all network rules.”
Risk Factors:
“Due diligence becomes more of a challenge when ISOs sell ATMs to, or subcontract with, third- and fourth-level companies (“sub-ISOs”) whose existence may be unknown to the sponsoring bank. When an ISO contracts with or sells ATMs to sub-ISOs, the sponsoring bank may not know who actually owns the ATM. Accordingly, sub-ISOs may own and operate ATMs that remain virtually invisible to the sponsoring bank.”

Our bank does NOT have any ISO relationships and thus, I feel like the following is not an applicable factor to our bank’s BSA/AML practices as an independent issue, but would fall under all general AML practices:
Banks may also provide currency to ISOs under a lending agreement, which exposes those banks to various risks, including reputation and credit risk.”
We do NOT.
And,
Money laundering can occur through privately owned ATMs when an ATM is replenished with illicit currency that is subsequently withdrawn by legitimate customers. This process results in ACH deposits to the ISO’s account that appear as legitimate business transactions. Consequently, all three phases of money laundering (placement, layering, and integration) can occur simultaneously.

Money launderers may also collude with merchants and previously legitimate ISOs to provide illicit currency to the ATMs at a discount.”
How would a bank know this separate from general AML (currency) monitoring practices?

Risk Mitigation:
Banks should implement appropriate policies, procedures, and processes, including appropriate due diligence and suspicious activity monitoring, to address risks with ISO customers.”

Again, we dot not have any relationships with ISOs. So, “addressing” specific risks with and ISO would be N/A for our bank, in my opinion

At a minimum, these policies, procedures, and processes should include:”

As can bee seen (below) the “Risk Mitigation” guidance isolates relationships with ISOs and network “Sponsoring Financial Institutions

Due to the fact that our bank does NONE of these activities nor do we have any relationships with ISO, I am coming to a conclusion that even if we have a customer that owns an ATM and may or may not use his their bank account with us to replenish the ATM, the FFIEC Guidance is directing monitoring and due diligence/risk mitigation steps to financial institution that have arrangements with ISOs or facilitate Network access for ATM operations (i.e., Sponsoring).

Appropriate risk-based due diligence on the ISO, through a review of corporate documentation, licenses, permits, contracts, or references.
Review of public databases to identify potential problems or concerns with the ISO or principal owners.
Understanding the ISO’s controls for currency servicing arrangements for privately owned ATMs, including source of replenishment currency.
Documentation of the locations of privately owned ATMs and determination of the ISO’s target geographic market.
Expected account activity, including currency withdrawals.

“Because of these risks, ISO due diligence beyond the minimum CIP requirements is important. Banks should also perform due diligence on ATM owners and sub-ISOs, as appropriate. This due diligence may include:”


Based on the “Risk” being so definitively connected to Privately Owned ATM’s with network Sponsorship and ISO relationships, it appears to me that some banks that DO NOT have such relationships may be misinterpreting the FFIEC’s risk mitigation guidance as it relates to the collection of certain corporate documents and monitoring due diligence beyond established mitigation practices required by the guidance for other customer/entities.

Reviewing corporate documentation, licenses, permits, contracts, or references, including the ATM transaction provider contract.
Reviewing public databases for information on the ATM owners.
Obtaining the addresses of all ATM locations, ascertain the types of businesses in which the ATMs are located, and identify targeted demographics.
Determining expected ATM activity levels, including currency withdrawals.
Ascertaining the sources of currency for the ATMs by reviewing copies of armored car contracts, lending arrangements, or any other documentation, as appropriate.
Obtaining information from the ISO regarding due diligence on its sub-ISO arrangements, such as the number and location of the ATMs, transaction volume, dollar volume, and source of replenishment currency.”


What we do:
As with ALL of our customer base, we monitor (daily) all currency transaction for suspicious activity, unusual increases in cash movement, out of the normal deposits, currency exchanges and withdraws, etc...
At account opening, we do document whether the customer has or will operate a Privately Owned ATM.
We have attempted, to the best of our ability, to identify any current customer who has or plans on operating a Privately Owned ATM.
We do not and will avoid banking ATM ISOs.
We perform all CIP & CDD Risk Assessments on new customers

However, I am attempting to determine whether it is necessary for our bank to create a separate policy and procedure (or add to the current policy) for the sole purpose of monitoring Privately Owned ATM and there relation with ISOs, when in fact we do not have any relationships with ISOs and do not sponsor any networks for ATMs that are not bank owned, which may have a relationship with an ISO.

Our only (current) relationships are with customers who have told us that they have ATM machines within their establishments, but do NOT have any network relationship with our bank. Some do, from time-to-time withdraw cash from their small business accounts to replenish their ATMs. But, as stated above, we monitor large cash transaction ($3,000+) on all of our customers. We simply do not segregate ATM owners from any other “risk” group.

Please help me understand this correctly. What am I missing if my interpretation is off base?
Thank you all kindly.
Posted By: rlcarey

Re: CONFUSED with Privately Owned ATM Guidance - 05/18/12 07:13 PM

I don't really have time to analyze this whole post, but it boils down to this. You have a customer that you have identified as having an ATM. The customer is receiving $1 million a month in credits to the checking account at your bank from the ATM network they have their machine connected too. They never withdraw cash.

Where is the cash to stock the ATM coming from?
Posted By: Polo

Re: CONFUSED with Privately Owned ATM Guidance - 05/18/12 08:50 PM


“Where is the cash to stock the ATM coming from?”

Answering that question should be the “Sponsor” Bank’s responsibility and the ISO.
Regardless of what our customers tell us, we will truly never know the answer to that question.
Not to mention that if they plan on money laundering they certainly aren’t going to tell the truth to begin with.

I’m certainly not trying to be obstinate, but I do not understand exactly what the FFIEC/examiners are wanting banks to do or most importantly WHY.

Collecting copies of ATM agreements, knowing the locations and how much & frequent the ATMs are replenished is not going to identify money laundering if all we know is that they use there small business account with us to operate the store and as a receptor of ISO credits.

I suppose, this is why I am taking away from the Guidance that they are focusing on the “Sponsor Bank” and the “ISO” as the risk.
The sponsor bank is the more likely candidate to have privy to suspicious activities.

This is what is confusing me.

Our experience as a small community bank has been $30 to $40M per month for owners who replenish their own. They put their own money in and the ISO/Network sponsor takes out their fees and sends (ACH) our customer their money back (plus surcharges). These are relatively easy to watch, but impossible to know that every dime of the withdrawals actually goes into the ATM, regardless of what they tell us.
Plus, our primary tool to identify suspicious activity is the “currency” report. Its use by us for customers with or without ATMs is still the same. ANY $1 million dollar credit (or unusual transactions) will be identified and monitor.
Unlike structuring, kiting etc… money laundering by use of an ATM could never be identified unless we could see all the transactions the customer was doing with the sponsor bank. And even then, we could really know...

The more difficult customer is the one that has an ATM and uses multiple banks as funding source (so they say) or a large national bank. All we ever see is a glimpse at one side of part of the transactions.
How in the world would we ever be able to tell for sure that the money being placed into the ATM is truly from a legitimate source unless we watched them drive from the bank and load it themselves?

I suppose I am apprehensive about what an examiner is going to want to see us doing.

Based on the FFIEC Guidance (Examination Procedures) there is no help there! That’s the standard line they use for every chapter in the book:

Review the policies, procedures, and processes related to privately owned ATM accounts. Evaluate the adequacy of the policies, procedures, and processes…” Blah Blah Blah…
Posted By: rlcarey

Re: CONFUSED with Privately Owned ATM Guidance - 05/18/12 09:06 PM

The sponsor bank or the ISO does not stock the machine with cash, your customer does.

You only have to recognize the risks that are presented by each customer. Unless you are banking an ISO or are a sponsoring bank, you are making much more out of this than is required.

Most banks are just dealing with the corner store/bar and once you identify those customers, you usually just ensure that ATM withdrawals and cash withdrawals (or reasonable other sources of cash such as cash store sales) are reasonable.

If you are dealing with a customer that owns 100 ATMs, then your due diligence increases with the increased risk.

If the customer is processing $1 million of ATM withdrawals and they never come to you for cash and you don't know where the $1MM is coming from, you have a real problem
Posted By: Polo

Re: CONFUSED with Privately Owned ATM Guidance - 05/22/12 03:03 PM

Thank you Randy

I just don't know what examiners are going to expect and didn't want to minimize something that they "think" is a hot topic and come in with guns-blazing.

I think the use of a form similar to what was posted on BOL to collect the data, risk assess the identified customers, add a brief addendum to the bank's BSA policy & procedures and possible spreadsheet/monitor the few we have should hopefully do the job.

Again, thank you for your guidance.
Posted By: New Manager

Re: CONFUSED with Privately Owned ATM Guidance - 08/15/12 07:56 PM

We just recently identified a customer with an ATM. The ATM is owned and located in a restaurant; however, the settlement activity and cash withdrawals are coming from the guy's personal account. This is our first ATM customer. Can he do this, or does the activity have to go through the business account?
Posted By: MagicCity

Re: CONFUSED with Privately Owned ATM Guidance - 08/15/12 08:01 PM

We require a separate business account for the ATM.
Posted By: Elwood P. Dowd

Re: CONFUSED with Privately Owned ATM Guidance - 08/15/12 11:42 PM

Quote:
does the activity have to go through the business account?


If you say that it does... I would.
Posted By: Greg

Re: CONFUSED with Privately Owned ATM Guidance - 08/16/12 12:25 AM

I've been through a couple audits with these accounts. No matter how they phrase it what it comes down to is risk and AML. They kept bringing up peripheral issues but I consistently lead them back to those two. There was no risk because we never advanced against uncollected funds. Every three months I do an analysis of ACH deposits Vs cash withdrawals. And I file lots of CTRs.

I make it plain that we are not the sponsoring back.

I think the key is to show that you have a plan and you are aggressively working it.