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I am a US citizen permanently living overseas, and maintain a bank account in the US. I was recently prompted to update my personal information, and one of items I had to answer was whether I had dual citizenship with any other country. (I do not.)

I know that being a US citizen living outside the US subjects me to certain tax and financial reporting laws, so I understand the bank's need to know if I am a US citizen, but I do not understand the need to know about other citizenship. My understanding is that US law on principle does not take into account any other citizenship in any way; a US dual citizen is, as far as the law is concerned, only a US citizen. Having any other citizenship should not subject me to any additional legal obligations or relieve me of any.

What legal reason is there, if any, for the question about dual citizenship?

phoog
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Paul Richter
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3 Answers3

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Sanctions

While most sanctions are targeted, the US does have some “comprehensively sanctioned jurisdictions”. So, for example, if your dual nationality is with Iran or Cuba, your bank can’t deal with you without additional paperwork.

Dale M
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Under KYC (Know your Customer) regulations, banks need to collect enough information to be in compliance with US law.. other countries generally have similar regulations. Here is Dow Jones' interpretation:

Customer Identification Program At the minimum, firms must pull four pieces of identifying information about a client, including name, date of birth, address, and identification number.

Most firms take additional steps in their screening process. Many will make sure that clients do not appear on government sanction lists, politically exposed person (PEP) lists, or known terrorism lists— those who do appear usually require enhanced due diligence.

Other items considered at this time include financial transactions, which firms use to separate potentially risky behavior from regular business activity.

Much of this information comes from various reporting agencies, public databases and third-party sources.

Customer Due Diligence (CDD) Customer due diligence is the process of classifying all the information collected during the Customer Identification Program.

Firms examine the nature and beneficiaries of existing relationships to ensure all activity is consistent with historical customer information.

The goal is to obtain enough information to verify a customer’s identity and assess their riskiness. Since financial crime happens quickly, firms frequently monitor this information for unusual spikes in activity or changes to sanction lists. Most clients pose little to no risk, but the few who do are subject to enhanced due diligence.

Enhanced Due Diligence (EDD) If a customer is believed to pose additional risks, firms take extra steps to gain a better understanding of their motivations. A high-risk person may include those with political exposure or relationships with designated persons. Even someone in a high-risk country can raise a red flag for compliance.

In practice, firms must demonstrate a deeper understanding of the high-risk clients identified by a standard customer due diligence program. Some of the information required to perform enhanced due diligence includes a source of wealth verification, detailed management reports and relevant third-party research.

More prescriptive requirements can be found, for example, in Australian legislation (emphasis added):

KYC information means ‘know your customer information’ and may include information in relation to matters such as:

(1) In relation to a customer who is an individual:

(a) the customer’s name;

(b) the customer’s residential address;

(c) the customer’s date of birth;

(d) any other name that the customer is known by;

(e) the customer’s country(ies) of citizenship;

(f) the customer’s country(ies) of residence;

(g) the customer’s occupation or business activities;

(h) the nature of the customer’s business with the reporting entity – including:

(i) the purpose of specific transactions; or

(ii) the expected nature and level of transaction behaviour;

(i) the income or assets available to the customer;

(j) the customer’s source of funds including the origin of funds;

(k) the customer’s financial position;

(l) the beneficial ownership of the funds used by the customer with respect to the designated services; and

(m) the beneficiaries of the transactions being facilitated by the reporting entity on behalf of the customer including the destination of funds.

Generally, financial institutions are conservative by nature, and a foreign-resident customer is already presenting a red flag. Less prescriptive requirements mean that they will want to collect more, not less, information.

They would much rather lose or refuse the business from many, many mid-size customers than risk the extremely punitive measures that the US government can impose on them. For a similar reason, as OP has probably found, many foreign financial institutions simply won't do business with "US Persons" because it carries great potential risks from extraterritorial application of US laws.

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As stated in this answer, there is a provision in tax law with regard to expatriation that specifically addresses dual citizens at birth of the US and other countries.

I will accept that the bank required the information for purposes of this law.

Paul Richter
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