论文部分内容阅读
近年来,伴随着经济全球化与国内金融机构、企业“走出去”趋势以及中美经济交流的日益频繁,由此导致经济纠纷逐渐增加。当下第一大经济体、美元的国际支付与储备显著地位,客观上造成了美国在国际规则制定与实施上的优势地位。原本适用美国境内各州的长臂司法原则,逐渐被用于国际反洗钱与反恐怖融资领域,在美设有分支机构的境内商业银行反欺诈、反洗钱义务日益严苛。本文从科勒案判例及爱国者法案规定出发,分析美国长臂原则的最新发展、对境内银行业金融机构影响及应对。
In recent years, along with the trend of economic globalization and domestic financial institutions and enterprises, the “going out” trend and the increasingly frequent economic exchanges between China and the United States, economic disputes have gradually increased. As the largest economy in the world today, the international payment and reserves of the U.S. dollar have prominently played an objective role in creating the U.S. preeminence in the formulation and implementation of international rules. The principle of long-arm justice originally applied to all states in the United States has gradually been used in the field of international anti-money laundering and anti-terrorist financing. The domestic commercial banks with branches in the United States have become increasingly anti-fraud and anti-money laundering obligations. Based on the case of the Kohler case and the provisions of the Patriot Act, this article analyzes the latest development of the U.S. long arm principle and its impact on the domestic banking financial institutions.