MALAYSIAN CENTRAL BANK GOVERNOR ON LICENSE FOR

C O N F I D E N T I A L SECTION 01 OF 02 KUALA LUMPUR 000402 SIPDIS STATE PASS USTR - WEISEL AND BELL STATE PASS FEDERAL RESERVE AND EXIMBANK STATE PASS FEDERAL RESERVE SAN FRANCISCO TCURRAN SINGAPORE PASS TO SBAKER USDOC FOR 4430/MAC/EAP/M.HOGGE TREASURY FOR A/S LEVEY, FINCEN, AND OASIA GENEVA FOR USTR E.O. 12958: DECL: 05/22/2019 TAGS: ECON EFIN ETTC IR MY PREL SUBJECT: MALAYSIAN CENTRAL BANK GOVERNOR ON LICENSE FOR IRANIAN BANK MELLAT REF: A. KUALA LUMPUR 304 ¶B. KUALA LUMPUR 359 Classified By: Ambassador James R. Keith for reasons 1.4 (b) and (d) ¶1. (C) Summary: At an AMCHAM luncheon on May 18, the Ambassador told Bank Negara Governor Zeti that the U.S. continued to object to the GOM decision to license First East Export Bank PLC (a subsidiary of Iran's Bank Mellat) to open in Labuan (ref A). The Ambassador explained that there was no link between our strong concerns about Bank Mellat and the recent G-20 announcement of the OECD report which listed Labuan as an "uncooperative tax haven." He suggested to Zeti that the GOM take up any concerns it might have about the OECD report directly with the OECD. In a separate meeting on May 14, GOM officials explained to Econoff that First East's license would be revoked if either it or its parent bank were added to the UN list of sanctioned entities or if either violated any Malaysian law, including the Anti-Money Laundering/Counter-Financing of Terrorism Act (AMLA) and Malaysia's Atomic Energy Licensing Act of 1984 which covers trading in nuclear-related equipment. The Ambassador told Zeti, and visiting FinAtt Susan Baker informed GOM officials, that First East likely would be designated on the U.S. list of sanctioned entities after it became operational. GOM officials did not provide a time frame for when First East would be operational. End summary. CENTRAL BANK GOVERNOR CONCERNED ABOUT OECD "TAX HAVEN" REPORT ¶2. (SBU) Central Bank Governor Zeti told Ambassador Keith at an AMCHAM luncheon on May 18 that she believed the U.S. had declined to forestall the OECD's recent listing of Labuan, Malaysia's offshore financial center, as an "uncooperative tax haven" in retaliation for the GOM decision to license First East Export Bank PLC, a 100-percent-owned subsidiary of Iran's Bank Mellat to open in Labuan (ref A). Zeti noted that Singapore and Brunei were not on the same list as Malaysia due to U.S. intervention on their behalf. The Ambassador explained that the U.S. remained opposed to the GOM,s decision to grant a license to First East Export Bank but emphasized that he was aware of no link between that and the OECD report. He suggested that Zeti take up her concerns about the OECD report directly with the OECD. ZETI REACTS TO OECD LISTING ¶3. (SBU) In a May 13 presentation to the diplomatic community in conjunction with release of the annual report of the Labuan Offshore Financial Services Authority (LOFSA) Governor Zeti expressed her disappointment with the OECD's report, "Tax Cooperation: Toward a Level Playing Field." Zeti emphasized that Malaysia remained committed to maintaining internationally accepted best practices and since June 2007 had been working toward amending its laws. Some amendments were enacted in 2008 and more would be presented to Parliament in June (ref B). (Note: Labuan was among three other locations listed as &uncooperative tax havens.8 Prime Minister Najib subsequently sent a letter to the OECD Secretary General reiterating Malaysia's commitment to meet the standards; in response, the OECD announced that Malaysia had been moved to Category Two, countries committed to meeting the standards. End Note.) LOFSA DG EXPLAINS DECISION TO LICENSE IRANIAN BANK ¶4. (C) In a separate meeting on May 18, LOFSA Director General Azizan Abdul Rahman detailed to visiting FinAtt Susan Baker and Econoff what he contended was LOFSA's "vigorous review" of First East's application. These "extensive checks" included reviewing the application with "Worldcheck," a web-based research institute, as well as asking for views from Malaysian regulators and Ministries including the central bank, the Ministry of Finance, and the Ministry of Foreign Affairs. In all of these checks, Bank Mellat "was all clear," he said. Azizan said LOFSA wrote to the UK and Korean banking supervision authorities to inquire about Bank Mellat's subsidiaries' activities in those countries, but to date had not received any reply. As a result, LOFSA had only publicly available information on the other subsidiaries and KUALA LUMP 00000402 002 OF 002 assumed they were fine. LOFSA officials noted that the bank's application, which typically is approved within three to four weeks, took almost a year in the case of First East. U.S. LIKELY TO DESIGNATE MALAYSIA-BASED SUBSIDIARY ¶5. (C) Finatt Baker told Azizan that since Bank Mellat was sanctioned by the U.S. Office of Foreign Asset Control (OFAC),its subsidiary in Labuan likely would be sanctioned as soon as it became operational, since it would be presumed to be under the control of a designated entity. This would be the first bank in Malaysia to appear on the OFAC list. While only U.S. companies were prohibited by law from doing business with entities on the OFAC list, companies throughout the world chose not to do business with listed entities because of reputational risk, she explained. Azizan replied that he would "inform his board" about the likely U.S. designation. DESIGNATION BY UN WOULD TRIGGER REVOCATION OF LICENSE ¶6. (SBU) Azizan and other LOFSA officials reported that if Bank Mellat were added to the UN list in the future, LOFSA would revoke First East's license to operate. He noted that LOFSA had rejected an application by Bank Saderat, which was specifically designated under UN authority. Azizan underlined that Malaysia had "an excellent relationship with many other countries" and said when Iran wanted a license for a bank "licensed by its own regulatory authority" and "already in operation elsewhere," its application "was judged on the merits of the case." LOFSA officials earlier indicated to Econoff that UNSCR 1803 which urged "caution" in dealing with all Iranian banks was not considered by LOFSA as sufficient grounds to deny the application. LOFSA had been cautious by conducting extensive checks and would continue to be cautious in its supervisory and regulatory role, they explained. CONDITIONS OF IRANIAN BANK'S LICENSE ¶7. (SBU) On May 14, Mr. Iskandar Mohamed Nuli, Director of Supervision and Enforcement for the Labuan Offshore Financial Services Authority (LOFSA),and Mr. Adi Akmar Ayob of the Anti-Money Laundering Unit at LOFSA's Legal and Supervision Division, confirmed that the license had been granted to the Bank Mellat subsidiary and told Econoff that the bank was in the process of hiring staff. He did not provide a time frame for when it would be operational. Adi said that the license was conditional upon, first, that neither the company itself nor any principal officer, major shareholder or Board member was "blacklisted" by the UN. Second, all Labuan-based companies were required to comply fully with Malaysian law, including Malaysia's Anti-Money Laundering/Counter-Financing of Terrorism Act (AMLA). Under this law, banks are required to provide LOFSA with regular reports including quarterly lists of their "top ten depositors" as well as the amount of their total deposits. Any transaction by or on behalf of a politically exposed person is given extra scrutiny. LOFSA conducts an on-site "readiness" examination within the first 90 days of the opening of any new bank in Labuan; thereafter it conducts reviews on an annual basis or more often if LOFSA determines it necessary. ¶8. (SBU) Adi also highlighted Malaysia's Atomic Energy Licensing Act of 1984 which required GOM approval for trading in any controlled item. Adi explained that x-ray machines, color copiers, and a great deal of other equipment required approval by the Atomic Energy Licensing Board under the Ministry of Science, Technology, and Innovation (MOSTI). If First East violated this or any other Malaysian law, it could lose its license, he said, pointing out that LOFSA had revoked licenses before. KEITH