您现在的位置: 纽约时报中英文网 >> 纽约时报中英文版 >> 商业 >> 正文


更新时间:2015-4-1 10:00:11 来源:纽约时报中文网 作者:佚名

Treasury Urged to Scrutinize Foreign Real Estate Buyers for Money-Laundering Risk

In a broad show of support for increased scrutiny of foreign real estate buyers in the United States, 17 nonprofit organizations on Tuesday urged the Treasury Department to require that the real estate industry verify the identities of buyers and screen them for potential money-laundering risk.

美国加强了对外国房地产买家的审查,这项措施得到了广泛支持,其中有17家非盈利组织于本周二(3月10日——译注)敦促财政部(Treasury Department)下达命令,要求房地产行业验证买家们的身份,以防其涉及潜在洗钱风险。

The request, contained in a letter sent to the Treasury Department’s Financial Crimes Enforcement Network, asked for the repeal of a 2002 temporary exemption from provisions of the Patriot Act that had been granted to the real estate industry.

这项要求被写在一封信里,递交给财政部金融犯罪执法网络(Financial Crimes Enforcement Network)。信中提出,应当终止2002年颁布的一项临时豁免权,它豁免了《爱国法案》(Patriot Act)加诸于房地产行业的一些条款。

As signed into law in 2001, the Patriot Act would have required real estate brokers and others involved in real estate closings and settlements to conduct due diligence checks on their customers. After heavy lobbying by the industry, the industry was exempted from the final regulations.


The letter, signed by a coalition of 17 diverse groups including Transparency International, Global Integrity and Global Witness, cited a recent series in The New York Times, Towers of Secrecy, which documented how wealthy international buyers, including politicians and those who have been the targets of government inquiries, had used shell companies to purchase luxury New York condos.

这封由透明国际(Transparency International)、全球廉政(Global Integrity)及全球见证(Global Witness)等17家各类组织联名签署的信件,引用了《纽约时报》最近刊登的一个系列报道《摩天大楼的秘密》(Towers of Secrecy)。该报道详细记录了包括一些政客与政府调查对象在内的国际买家,如何利用空壳公司来购买纽约的豪华共管公寓。

The letter said that The Times articles “demonstrate the lack of due diligence by the real estate industry into buyers’ identities, backgrounds or the source of their funds.”


Shruti Shah, a vice president for one of the organizations, Transparency International-USA, said in a telephone interview, “The U.S. should not be providing a red carpet for dirty money.”

17家组织中的美国透明国际(Transparency International-USA)的副总裁施鲁提·沙(Shruti Shah)在电话采访中说,“美国绝不应该为黑钱铺上红毯。”

Responding to the letter, Steve Hudak, a spokesman for the Treasury Department’s Financial Crimes Enforcement Network, or FinCEN, said in an emailed statement that the agency agreed with the concerns expressed in the letter, calling potential criminal abuse of the real estate sector a “fundamental priority.”

财政部金融犯罪执法网络(FinCEN)的一名发言人史蒂夫·赫达克(Steve Hudak)在一封电邮声明中,回应了这封信。他说,相关房地产领域中可能存在的违法擅权行为,已经成为“最根本的当务之急”。

Even as the United States has urged other countries to help it crack down on Americans hiding money abroad, recent Justice Department cases and congressional reports have said that foreign money tied to corruption has been found in United States real estate, moved into the country using shell companies.


The letter, for example, cited a 2010 report by the United States Senate Permanent Subcommittee on Investigations which showed how corrupt foreign officials and their associates had undermined anti-money-laundering controls, using ill-gotten money to purchase real estate in the United States.

例如,这封信中引述了2010年由“美国参议院常务调查委员会”(United States Senate Permanent Subcommittee)公布的一份报告,说明外国的一些腐败官员及其相关人员,是如何突破了那些反洗钱的控制措施,利用非法获取的钱财来购买美国房地产的。

The real estate industry has said it adheres to its own voluntary guidelines in performing background checks on purchasers. In the series, which focused on condominium purchases overlooking Central Park at the Time Warner Center, The Times quoted several people involved in luxury real estate transactions who acknowledged performing few background checks on buyers beyond determining their financial wherewithal to purchase luxury condos worth tens of millions of dollars.

房地产业界称,在对买家进行背景清查方面他们遵从的是自愿原则。上述《纽约时报》系列报道,聚焦的是一些豪华共管公寓的购买活动,那些公寓位于时代华纳中心(the Time Warner Center),可以俯瞰中央公园。报道中引述了几名经手这些豪华地产交易的人的言论,他们承认,对于动辄数千万美元的豪华共管公寓购买活动,他们只会去了解买家必须具备的资金条件,而很少对买家执行超出该范围的背景核查。

More than half the time, the condos are purchased under the names of limited liability companies that mask the identities of the true owners. Current law in a number of states, as well as offshore jurisdictions, does not require disclosure of the identities of the beneficial owners of these entities.


The letter also asked for the strengthening of rules proposed in August 2014 requiring banks and other financial institutions to increase scrutiny of “legal entity customers” which include these limited liability companies.


In its statement, FinCEN said the agency was “currently engaged in a rule-making to require banks and other financial institutions to collect beneficial ownership information to help address the misuse of legal entities in the financial sector as a whole.”


As for imposing Patriot Act requirements on the real estate sector, the agency said, “We also continue to explore which requirements imposed on which actors in the real estate sector will best add to transparency beyond what can be obtained via existing and proposed requirements on other financial institutions, and via traditional law enforcement methods.”