Several states have adopted or are considering legislation that risks fracturing the national banking system, and these state laws may conflict with federal laws intended to combat money laundering and terrorist financing, three House lawmakers said today in a letter to Treasury Department officials. The letter by Reps. Josh Gottheimer (D-N.J.), Blaine Luetkemeyer (R-Mo.) and Brad Sherman (D-Calif.) argues that state laws that prevent banks from denying or closing customer accounts for political or other reasons may pose “significant challenges” to compliance with regulations such as Bank Secrecy Act and Anti-Money Laundering Act, “potentially threatening national security.”
“Under such state laws, financial institutions could be subject to investigation when they decline to provide services to a customer or close a customer accounting, including in situations where the decision was related to a financial crime risk,” the lawmakers said. “In addition, banks are required to file reports with state regulators or even directly with customers indicating why the financial institution refused services to a customer or closed a customer account. This explanation must include a detailed description on the basis for the denial, which could lead to the disclose of confidential and sensitive information related to America’s national security.”
During a Housing Financial Services Committee hearing the same day, Gottheimer questioned Treasury Secretary Janet Yellen on whether department officials are doing anything to address the potential conflict between state laws and federal requirements, such as the requirement that banks must file suspicious activity reports. “It is certainly an obligation of banks we would enforce,” Yellen said.
Sherman, also a committee member, noted that two states have new laws stating customers cannot be denied banking services because of their political or religious beliefs. “I hope you will work with those states and preempt those laws as necessary to protect the Bank Secrecy Act,” he told Yellen. “We shouldn’t be in a circumstance where you lose your account because you have all these suspicious activity reports, and the bank can’t tell you about the suspicious activity reports, and all of the sudden you think it is because of your political beliefs.”
