Japan's Bank of Tokyo - Mitsubishi Skirts North Korea Sanctions With "Incorrect" Application to US OCC, Public Excluded

By Matthew Russell Lee, Photo

UNITED NATIONS, November 17 – Amid talk of increased enforcement of sanctions on North Korea, and possible imposition of new sanctions against Myanmar, a November 13 letter from the New York State Department of Financial Services cites Bank of Tokyo-Mitsubishi for “continuing compliance failures in Hong Kong, which has a 'repeat transaction' program for certain high risk clients in Chinese cities bordering North Korea. The repeat transaction program results in not more but less scrutiny of these clients transactions.” 

The NYSDFS letter also notes that BTMU has processed transaction through its New York branch for “Burmese parties” on the OFAC sanctions list. How did Bank of Tokyo-Mitsubishi react to the New York regulator's investigation of these issues? It applied on October 30 to switch to the more lax Office of the Comptroller of the Currency and had its application approved in a mere week, then threw the state regulators out of its New York branch on Sixth Avenue. All this just a few blocks from the United Nations whose Security Council, on which Japan has a seat until the end of the year, has imposed rounds of sanctions on North Korea for its nuclear weapons program, and was set to vote for a new UN Special Envoy on Myanmar, or Burma, on November 16. What's going on? 

Now Inner City Press can exclusively report a further outrage, not included in the NYSDFS letter nor a Wall Street Journal article which quoted it. The OCC gave its approval in a week even while belatedly listing Bank of Tokyo - Mitsubishi's filings under "THESE APPLICATIONS APPEARED INCORRECTLY IN A PRIOR WEEKLY BULLETIN." Photo here; link to Bulletin here. The public, as is the trend under the OCC, was cut out. The face savings compliance agreement, here, does not cure or address this. The OCC is lax not only in sanctions compliance and absurdly short comment periods on corporate applications - it also markets itself to banks as being “flexible” on other compliance issues including the U.S. Community Reinvestment Act. Recently the OCC announced that even a rare less than satisfactory CRA rating would not bar approval of a bank's application, click here for that Inner City Press coverage. A new Comptroller, Joseph Otting formerly of OneWest Bank, is set to be confirmed by the U.S. Senate this week, even while the OCC has refused to answer a pending Press (and CRC) request under the Freedom of Information Act. A lawsuit has now been filed. What will a FOIA request into the OCC's communications with Bank of Tokyo - Mitsubishi yield? Watch this site.