In some cases, individuals and institutions will try to abuse tax laws to enable money laundering schemes, so it is critical for regulated businesses like banks and financial institutions to use KYC (Know Your Customer) and CDD (Customer Due Diligence) best practices to ensure there is a clear understanding between an individual or institution’s proper tax jurisdiction when conducting business with them.
What is “Jurisdiction of Citizenship?”
“Jurisdiction of Citizenship” is the country or countries where an individual maintains a legal citizenship, such as the place they were born, or other dual citizenships they may have or obtain. Unlike “Jurisdiction of Residence,” the person does not need to spend time here to qualify in many cases.
How Does the Jurisdiction of Citizenship Relate to Risk and Compliance?
The Jurisdiction of Citizenship sometimes applies to tax laws or federal fraud prevention regulations, because of the distinction between where a person was born and / or has citizenship, and where they physically reside for most of any given year.
This is an important factor in risk and compliance as it can determine the laws and regulations that apply to the individual, and the legal obligations that they must fulfill.
For example, if an individual holds citizenship in a country that is subject to sanctions by another country, they may be prohibited from engaging in certain transactions with individuals or entities in that other country. Similarly, if an individual holds citizenship in a country with strict anti-money laundering regulations, they may be required to follow these regulations even when conducting business in another country.
In terms of compliance, the Jurisdiction of Citizenship can also impact an individual's obligations with respect to reporting and disclosure requirements. For example, if an individual holds dual citizenship, they may be required to disclose this fact when applying for certain licenses or permits.
Overall, understanding an individual's Jurisdiction of Citizenship is an important consideration in assessing risk, as it can impact the legal and regulatory requirements that apply to them.
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