Background on Risk and Context
1.Various international banking scandals concerning AML/CFT breaches have taken place in the Nordic Baltic region, with far-reaching economic and reputational consequences. Similar to other global scandals, most of these took place at a time when AML/CFT standards and their application were still at a nascent stage, with some instances in 2005 although they would be discovered well into 2015 and beyond, including some taking place up to 2017. These scandals have also shown the importance of international cooperation and AML/CFT strong regulatory frameworks.
2.In the Nordic Baltic region, the Danske case stands out due to its extensive cross-borderactivities among countries in the region, affecting in turn other financial institutions. This Danish bank acquired in 2007 the Finland-based Sampo Bank, which also had an Estonian branch. At this branch, during 2007-2013, 44% of all deposits came from non-residents customers. These customers conducted around 7.5 million transactions with an aggregated flow of money added up to approximately 200 billion euros. The Estonian branch had its own IT platforms, and the procedural documentation was written in Estonian or Russian. Therefore, Danske Bank lacked adequate awareness into these activities and wrongly assumed that the branch was compliant with the AML/CFT requirements established by the applicable regulations in Estonia. Around 15,000 customers were involved in suspicious transactions, including politically exposed persons and their business associates or family members. As per the Danish FSA reports, in 2012, non-resident Russian portfolios made up to 35% of the profits of the Estonian branch while the overall percentage of Russian clients in the branch was 8%. A critical report sent by the Estonian FSA was discussed at Danske's board but went ignored. The minutes of those meetings did not include any changes to the bank's AML/CFT controls. The bank was forced to close the Estonian branch in 2019 and pled guilty to fraud in the U.S, forfeiting $2 billion along with an additional fine for EUR 470 million in Denmark.
3.The geographical closeness to other former Soviet countries and the Commonwealth of Independent States (CIS) also sets the tone and the specific subset of threats and vulnerabilities. Several banks of the region have been affected by activities centered around the so-called oligarchs. The fall of the Soviet Union and subsequent privatization of its assets gave rise to this class of high-net worth individuals. A subset of these customers has been involved in opaque business practices and the obfuscation of their source of wealth, and in well documented cases, they have been acting as strawmen on behalf of powerful political figures. Several Nordic-Baltic countries became significant recipients of these funds, sometimes ill-gotten either due to political connections or due to illicit business practices and lack of accountability. The tracing of funds and the source of wealth of these customers is challenging due to the lack o...