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Exam CRCM topic 1 question 221 discussion

Actual exam question from ABA's CRCM
Question #: 221
Topic #: 1
[All CRCM Questions]

First National Bank, a U.S. bank, is contacted by Manufacturing Company, Inc., a U.S. company, to finance its transaction with Country Z, a boycotting country.
Payment will be made through a letter of credit in favor of Manufacturing Company at its U.S. address. First National Bank knows that the letter of credit will contain restrictive boycott conditions that would prevent the bank from implementing it. First National Bank suggests to Manufacturing Company, Inc., that it set up a shell corporation in Country Y, a nonboycotting country, and have the shell corporation be the beneficiary of the letter of credit. Does First National Bank have any problem with this transaction?

  • A. No. The transaction is now not subject to Department of Commerce regulations because the beneficiary is not a U.S. company.
  • B. Yes. The transaction is set up to evade the regulation and First National Bank is liable.
  • C. No. The transaction is set up to evade the regulation, but First National Bank is not liable because Manufacturing Company, Inc., actually effected the transaction.
  • D. No. First National should have Manufacturing Company, Inc., sign a statement accepting full responsibility for the establishment of the shell corporation.
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Suggested Answer: B 🗳️
by Cam22 at March 17, 2024, 1:03 a.m.

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Cam22
4 months ago
Selected Answer: B
The correct answer is B. Yes. The transaction is set up to evade the regulation and First National Bank is liable. This answer reflects the principle that U.S. entities, including financial institutions, cannot participate in or facilitate transactions that are designed to evade laws and regulations regarding international boycotts not sanctioned by the U.S. government. By suggesting the creation of a shell corporation to bypass boycott restrictions, First National Bank would be complicit in an attempt to circumvent those regulations, making it liable for violating them.
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