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UNITED STATES OF Ah4ERICA BEFORE THE BOARD OF GOVERNORS OF THE FEDERXL RESERVE SYSTEh4 WASHINGTON. D.C. NEW YORK STATE BANKING DEPARTMENT I%W YORK. NEW YORK Written Agreement By and hOtI8 1 BANK OF NEW YORK New York. New York FEDERAL New York RESERVE BANK OF NEW YORK New York ; :t 1 ) ! and hrEW YORK STATE BANKING New York. New York DEPARTMENT i ) ) WHEREAS, Bank of New York, New York, New York (,‘BONY”‘), a state member bank. is taking steps IO enhance and improve BONY’s anti-money laundering policies and procedures and customer due diligence practices resulting from the identification of deficiencies hy BONY and by the Federal Reserve Bank ofNew York (the ‘Reseme Bank”) and the New York State Banking Department (the “Department”) during the course oftheir targeted review of BONY~‘s international private banking, retail banking. correspondent banking. and funds transfer division, WHEREAS, in recogmtion of the common goal to continue the enhancements and improvements undertaken by BOKY. the Reserve Bank and the Department have mutuaily agreed to enter into this Written Agreemenl (the “Agreement”) with BOh’Y; and WHEREAS. on February g, 2000. the board of directors of BONY, at a duly constituted meeting, adopted a resolution authorizing and dirr:cting Thomas A Renyr lo enter IIIIU this Agreement, and consented to compliance with each and ev~eryprovision of this Agreement by BONY, NOW, THEREFORE, the Reserve Bank. the Departmenr. a,nd BONY agree as follows 2 Enhanced Due Diligence Within 45 days ofthis Agrccmenr. BONY shall submit to the Reserve Bank and I. the Department an acceptable enhanced customer due diligence program. The program shall be designed to reasonably ensure the identification and timely, LCXW~X and complete reporting of known or suspected criminal activity against or involving B0.W to law enforcement and supervisory authorities as required by the suspicious activity reporting provisions of Regulations H and Y of the Board of Governors of the Federal Reserve System (the “Board of Governors”) (12 CFR 208.62 and 225.4(f)) and Part 300 of the Official Compilation of Codes, Rules, and Regulations of the State of New York. The enhanced customer due diligence program shall provide(a) (b) For a risk focused assessment of the customer base of BONY to: (1) identify the categories of customers whose transactions do not require monitoring because ofthe routine and ususl nature of their banking activities; and (2) determine the appropriate level of enhanced due diligence necessary for those categories of customrrrs that BONY has reason to believe pose a heightened risk ofillicit activities at or through BONY. For those customers procedures to: whose transactions require enhanced due diligence. (1) determine the appropriate docu:mentation necessary to confirm the identity and business activities ,qf the customer, (2) understand the normal and expcred and (3) report transactions of the customer. suspicious activities in compliance with existing reporting requirements set forth in the re,@rions of the Board of Governors and the Department. Appropriate procedures to reasonably ensure that all new Products involving the receipt or transfer of funds comply with applicable laws and regulations related lo anti-money laundering compliance and suspicious activity reporting. 3 (4 Appropriate procedures to reasonably ensure that account Relationship Managers comply with applicable laws and regulations related to antimoney laundering compliance and suspicious activity reporting. W For the continued enhancement oftraioing for all appropriate BONY personnel (including, but not limited to, branch and customer service representatives, lending oficers, private end personal banking officers, all other customer contact personnel, and compliance and audit statT) in the relevant aspects of regulatory and internal policies and procedures retated to anti-money laundering compliance and in the identification and reporting of suspicious activity. (9 For an internal review process designed to ascertain Lat: (1) BOXY is complying with applicnble rules and regulations related to anti-money laundering compliance and the reporting of suspicious actik-ity; (2) appropriate personnel possess the requisite knowledge necessary to comply with applicable rules and regulations related to anti-money laundering compliance and suspicious activity reporting; 0) the results ofthe internal review are reported to senior management; and (4) senior management insritutej appropriate actions to resolve any reported deficiencies. Compliance 2. Within 10 days after the end of each cnlendar qtiarter (March 3 I ( June 30. September 30 and Dccembzr 3 1) following the date of this Agreement. BONY shall provide to the Rerewe Bank and the Department. (a) (Jpdates regarding BONY’s Anti-Moncv Laundering Oversight Committee. which shall include information concer&y customer accounts selected for review and the subsequent actions taken with regard to the reviewed accounts: (b) reports on the Correspondent Banking ticcounts scheduled to be closed within the Interl:ational Banking Sector: and 4 a description of the status of the on-go:mg implementation of BONY’s automated due diligence monitoring systems with regard to anti-money laundering procedures and auspicious activity reportit@ (4 Within 60 days of this Agreement. BONY shall submit to the Reserve Bank and 3. the Department en acceptable plan describing the steps that BONY will continue to take to strengthen compliance with regard to anti-money laundering procedures and suspicious activity reporting within BONY. The plan shall address. consider, nnd include the following: The compliance management structure, reporting, staffing levels. policies and procedures related to anti-money laundering and suspicious activity reporting; (b) the role and responsibilities position; ic) a description ofthe steps taken to address subpoena processing deficiencies; and (dj steps taken to effectively disseminate compliance-related information and issuea and test for compliance with app!iicable laws and regulations with regard to anti-money laundering and su:rpicious activity reporting. Policies and Procedurea of the Bank Secrecy Act Compliance officer Task Force 4, Within 10 days after the end of each calendar qluaner (March 3 I. June 30. September 30 and December 3 1) following the date of this Agreement, BONY shall provide 10 the Reserve Bank and the Department status reports detailing I~heprogress of BOXY’s Policies and Procedures Task Force and. in this regard. within 60 days of this Agreement. BONY shall submir to the Reserve Bank and the Depanment acceptable procedtwes designed to make employees in individual business units of BONY cognizant of changer to policies and procedures as a result of the provisions of this Agreement. Risk Management .5 Within 45 days of this Agreemenr. UONY shall submit to the Reserve Bank and the Department an acceptable plan outlining the steps thar BONY will continue to take to strengthen its risk management environment pertaining to funds transfer and cash management producer. The plan shall address, consider, and include the foliowing. (a) A written assessment of BOVY’s frmds transfer and cash management products evaluating their inherent credit, market. operational. legal and reputational risks and the controls in place to mingate such risks: 5 W a review of BONY’s existing MIS repotts to determine whether such reports provide the board of directors .and senior management with sufficient. reliable and timely informati80n to monitor and manage the risks associated with its funds transfer and cash management products: and (c) an analysis of the existing staffing leve’is within BONY’s risk management infrastructure and a projection of the skills and staffing needs going forward. taking into account the risk profile BONY’s funds transfer and cash management products. of Audit 6, Within 45 days of this Agreement, BONY shall submit to the Reserve Bank and the Department an acceptable plan describing the steps that EIONY will continue to take to strengthen its Internal ,4udit coverage of funds transfer and cash management products with particular emphasis on the Micro/Cash Register product. The plan shall address, consider. and include the following, (a) A review, and where necessary an update, of audit policies and procedures to ensure that all funds transfer and cash management products are appropriately risk rated, ib) an evaluation ofrhe frequency of audits of funds transfer and cash management products to ensure that the cycle is reflective of the risks inherent in each product, ic) assurances that the audit scope for each funds transfer and cash management product includes reviews of key MIS reports within any given business line to determine their relevancy, accuracy and effectrveners as tools used by management to arrive at sound business decisions, (4 a review and if necessaty a modification of the compliance self-assessment questionnaires utilized with respect to the funds transfer and cash management businesses to ensure that these control measures are being utilized effectively and applicable laws and regulations are being tested appropriately, W an evaluation ofthe stai?ing and skill Lsvels to ensure that internal Audit will be in the posnion IO move forward and adopt new audit t,echrriques for reviewing funds transfer and cash management products and identit)ring key risks: and 6 (0 an evaluation of the adequacy of audit stafi’s knowledge and ongoing training with regard to anti-money laundering and suspicious activity reporting. Plans, Policies, and Procedures I, The written plans, programs. and procedures required by paragraphs 1, j,4. 5 and 6 hereof shall be submitted to the Reserve Bank and the Department for review and approvals Acceptable plans. programs, and procedures shall be submitted to the Reserve Bank and the Department within the time periods set forth in this Agreement. BONY shall adopt the approved plans. programs, and procedures within 10 days of approval by the Reserve Bank and the Department and then shall fully comply with them. During the term of this Agreement, the approved plans, programs. and procedures shall not be amendied or rescinded without the prior written approval of the Reserve Bank and the Dcpanmcm Periodic Reports 8. Within 10 days after the end of each calendar quarter (March 3 V, June 30. September 30 and December 3 1) following the dare of this Agreement, BONY shall furnish to the Reserve Bank and the Department written progress reports detailing the form and manner of all actions taken to secure compliance with this Agreement, and !:he results thereof Miscelinneou9 9, All communications reeardinp this Agreement shaii be sent to: (a) Mr~ William L. Rutledge Executive Vice President Federal Reserve Bank of New York 33 Liberty Street Vew York. New York 10045 (b) Ms. Elizabeth McCaul Acling Superintendent of Banks New York State Bnnking Department Two Rector Street New York. Kew York lOOOh (c) Mr Thomas A Renyi Chairman and Chief Executive Officer Bank ofNew York One Wall Srreel New York, TGw Y:>rk 10286 The provisions of this Agreement shall be binding on BONY and each of its 10. institution-affiliated parties in their capacities as such. and their YWXSSO~S and Asaim Each provision ofthir Agreement shah remain effective and enforceable II. stAyed, modified, terminated, or suspended by the Reserve Bank and the Department. until Notwithstanding any provision of this Agreement to the contrary, the Reserw may, in their sole discretion, grant ,written extensions of time to BONIY to comply with any provision ofthis Agreement. 12~ and the Department Bati 13. The provisions ofthis Agreement shall not bar, estop, or otherwise prevent the Board ofGovernors, the Department, or any other federal or state agency or department. from taking any other action affecting BONY. or any of its current or fonner institution-affiliated parties, or their succe8sors, or assigns. 14. This Agreement is A “written agreement” for the purposes of and is enforceable by the Board Governors BS an order issued under. section 8 of the Federal Deposit Inxrrance Act and pursuant to Section 39 of the New York State Banking Law. of WHEREOF, Februnry. executed as of this _ the parties hcrcto have Caused this Agreewant 2000. Bank of New York New Ycrk Mr Thomas 4 Renyi Chairman and ChiefExecutive Federal Reserve Bank of New York -I, _ .” ,“_~ I L . . ~.I~ Mr. William L, Rutledge Executive Vice President Officer State Banking ,Ictiny to ba Department Superintendent of Banks Each of the undersigned directors acknowledge having; read the foregoing Agreement and approves of the consent thereto by BONY. Gerald LYkassell / Catherine A. Rein - Thomas A. Renyi 3-m+. Brian L. Robens