Pakistan's largest lender, Habib Bank Limited (HBL), is leaving New York after a decade of compliance slides. Asif Hassan / AFP
Pakistan's largest lender, Habib Bank Limited (HBL), is leaving New York after a decade of compliance slides. Asif Hassan / AFP

NY gives Habib Bank ultimatum: pay up or get out



New York’s banking regulator ordered Habib Bank to pay US$225 million and surrender its license to operate in the state, effectively removing Pakistan’s largest lender from the US financial system.

Managers in Habib’s branch office in Manhattan failed for more than a decade to shore up weak anti-money-laundering controls and sanctions compliance, New York’s Department of Financial Services said in orders issued Thursday. The bank put through thousands of poorly screened transactions, the DFS said, including for people on a “good guy” list at the bank that included an identified terrorist, an international arms dealer and an Iranian oil shipper.

“DFS will not tolerate inadequate risk and compliance functions that open the door to the financing of terrorist activities that pose a grave threat to the people of this state and the financial system as a whole,” said DFS Superintendent Maria Vullo. “The bank has repeatedly been given more than sufficient opportunity to correct its glaring deficiencies, yet it has failed to do so.”

Habib Bank repeatedly violated the terms of a 2006 agreement in which it promised to improve its internal controls, resulting in a 2015 order that called for the bank to hire an independent consultant to review its dollar-clearing activities, the regulator said. In a follow-up examination by DFS last year, Habib received the lowest rating.

The agreement calls for Habib Bank’s outside monitor to review its dollar-clearing transactions back to 2013, as part of an orderly wind-down of Habib’s New York branch. The bank announced on August 28 it was closing the branch.

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Habib Bank “believes that the opportunity to resolve this matter consensually at this time is in the best interests of its investors, shareholders and customers,” Matthew Biben, a lawyer for the bank, said in a written statement.

Habib’s shares snapped seven-days of losses and rose by the 5 per cent limit, the most in more than two months. The bank agreed to pay the final penalty, which was lower than the maximum $630m proposed by the New York regulator. The stock may rise by 15 per cent, said Faisal Bilwani, the head of equities at Karachi-based Elixir Securities.

DFS’s most recent investigation found that the bank handled billions of dollars in transactions with a Saudi private bank, the Al Rajhi Bank, which has reportedly been linked to the al-Qaeda terrorist organization, without adequate anti-money laundering controls. It failed to adequately identify some of the Saudi bank’s customers, the department said.

The bank’s “good guy” list consisted of customers who the bank claimed presented a low risk of illicit transactions. It permitted at least $250m in transfers to people on the list without screening, the New York regulator said.

Habib Bank, headquartered in Karachi, is the Pakistan’s largest bank, with $24 billion in total assets, according to DFS. The New York branch has been licensed by DFS since 1978.

The bank defended its conduct in a statement last week: “Despite HBL’s sincere and extensive remediation measures over the last two years, DFS is still not appreciating or recognizing the significant progress that HBL has made at its New York branch.”

The statement said DFS had initially proposed a civil penalty of $630m, which Habib described as “outrageous.” The statement noted that Habib had voluntarily decided to close its business in New York and that there would be “no material impact” on its business outside the US

The bank’s largest shareholder is a fund owned by the Aga Khan, the spiritual leader of the Shiite Imam of Ismaili Muslims. The Aga Khan Development Network works in over 30 countries providing health and education facilities.

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Eldarir had arrived at JFK in January 2020 with three suitcases, containing goods he valued at $300, when he was directed to a search area.
Officers found 41 gold artefacts among the bags, including amulets from a funerary set which prepared the deceased for the afterlife.
Also found was a cartouche of a Ptolemaic king on a relief that was originally part of a royal building or temple. 
The largest single group of items found in Eldarir’s cases were 400 shabtis, or figurines.

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Khouli smuggled items into the US by making false declarations to customs about the country of origin and value of the items.
According to Immigration and Customs Enforcement, he provided “false provenances which stated that [two] Egyptian antiquities were part of a collection assembled by Khouli's father in Israel in the 1960s” when in fact “Khouli acquired the Egyptian antiquities from other dealers”.
He was sentenced to one year of probation, six months of home confinement and 200 hours of community service in 2012 after admitting buying and smuggling Egyptian antiquities, including coffins, funerary boats and limestone figures.

For sale

A number of other items said to come from the collection of Ezeldeen Taha Eldarir are currently or recently for sale.
Their provenance is described in near identical terms as the British Museum shabti: bought from Salahaddin Sirmali, "authenticated and appraised" by Hossen Rashed, then imported to the US in 1948.

- An Egyptian Mummy mask dating from 700BC-30BC, is on offer for £11,807 ($15,275) online by a seller in Mexico

- A coffin lid dating back to 664BC-332BC was offered for sale by a Colorado-based art dealer, with a starting price of $65,000

- A shabti that was on sale through a Chicago-based coin dealer, dating from 1567BC-1085BC, is up for $1,950

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Mercer, the investment consulting arm of US services company Marsh & McLennan, expects its wealth division to at least double its assets under management (AUM) in the Middle East as wealth in the region continues to grow despite economic headwinds, a company official said.

Mercer Wealth, which globally has $160 billion in AUM, plans to boost its AUM in the region to $2-$3bn in the next 2-3 years from the present $1bn, said Yasir AbuShaban, a Dubai-based principal with Mercer Wealth.

Within the next two to three years, we are looking at reaching $2 to $3 billion as a conservative estimate and we do see an opportunity to do so,” said Mr AbuShaban.

Mercer does not directly make investments, but allocates clients’ money they have discretion to, to professional asset managers. They also provide advice to clients.

“We have buying power. We can negotiate on their (client’s) behalf with asset managers to provide them lower fees than they otherwise would have to get on their own,” he added.

Mercer Wealth’s clients include sovereign wealth funds, family offices, and insurance companies among others.

From its office in Dubai, Mercer also looks after Africa, India and Turkey, where they also see opportunity for growth.

Wealth creation in Middle East and Africa (MEA) grew 8.5 per cent to $8.1 trillion last year from $7.5tn in 2015, higher than last year’s global average of 6 per cent and the second-highest growth in a region after Asia-Pacific which grew 9.9 per cent, according to consultancy Boston Consulting Group (BCG). In the region, where wealth grew just 1.9 per cent in 2015 compared with 2014, a pickup in oil prices has helped in wealth generation.

BCG is forecasting MEA wealth will rise to $12tn by 2021, growing at an annual average of 8 per cent.

Drivers of wealth generation in the region will be split evenly between new wealth creation and growth of performance of existing assets, according to BCG.

Another general trend in the region is clients’ looking for a comprehensive approach to investing, according to Mr AbuShaban.

“Institutional investors or some of the families are seeing a slowdown in the available capital they have to invest and in that sense they are looking at optimizing the way they manage their portfolios and making sure they are not investing haphazardly and different parts of their investment are working together,” said Mr AbuShaban.

Some clients also have a higher appetite for risk, given the low interest-rate environment that does not provide enough yield for some institutional investors. These clients are keen to invest in illiquid assets, such as private equity and infrastructure.

“What we have seen is a desire for higher returns in what has been a low-return environment specifically in various fixed income or bonds,” he said.

“In this environment, we have seen a de facto increase in the risk that clients are taking in things like illiquid investments, private equity investments, infrastructure and private debt, those kind of investments were higher illiquidity results in incrementally higher returns.”

The Abu Dhabi Investment Authority, one of the largest sovereign wealth funds, said in its 2016 report that has gradually increased its exposure in direct private equity and private credit transactions, mainly in Asian markets and especially in China and India. The authority’s private equity department focused on structured equities owing to “their defensive characteristics.”