FROM A
DIFFERENT ANGLE by Kenneth Rijock
Financial Crime Consultant, for World-Check
Austria moves against US-owned bank for following American laws
29 April 2007

the government of Austria has instituted administrative proceedings against the country's fifth-largest bank, now owned by American interests, for seeking to close accounts prohibited under US law. BAWAG P.S.K., formerly known as Bank Fuer Arbeit und Wirtschaft AG, which was purchased late last year by an American organisation, served notice upon approximately 100 Cuban clients that it could no longer accept them as bank customers. The bank faces a possible fine of 73,000 Euros. Will this incident result in reputational damage?

In 1996, the US passed the Cuban Liberty and Democratic Solidarity Act (22 USC Sections 6021-6091), more commonly known as the Helms-Burton Act, which bans US companies from dealing with Cuba or Cuban nationals. The European Union ruled in 1996(Council Regulation 2271/96) that Helms-Burton was not enforceable within the EU. Austrian authorities have stated that it is not to be applied in Austria.

Thus we see the bank's dilemma; it was forced to advise its existing Cuban clients to take their business elsewhere under US law, but  this act has incurred the wrath of Austrian authorities. in fact, Austria's  Foreign Minister, Ursula Plassnik, clearly upset with the situation, and asserting that US laws are not applicable in Austria, reportedly remarked last week that " we are not the 51st state of the USA."

Inasmuch as this is a matter of great public interest within the EU,World-Check will be closely following all developments, and will report back to it readers with an update on the outcome.


The facts and opinions stated in this article are those of the author and not those of World-Check. World-Check does not warrant the accuracy of any facts and opinions stated in this article, does not endorse them, and accepts no responsibility for them.

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