Yoel José Pérez Rodríguez, 55, was born in Camagüey but has lived in Spain for more than two decades. A trained doctor with dual nationality, he opened an account in 2011 at the Madrid branch of the German Deutsche Bank.
As every year, at the request of the bank, Pérez Rodríguez delivered in 2022 the documents required by the bank to update his data: a photocopy of the DNI and a payslip. However, while on vacation, he discovered that his account was blocked. After demanding an explanation, they notified him that he was a “high-risk client” and that, due to his Cuban origin, he had to fill out a special form.
in conversation with 14ymedio, Pérez Rodríguez points out that the questionnaire is offensive and violates his privacy as a Spanish citizen. “Are you a member of the Communist Party of Cuba? Do you intend to return to Cuba? Do you have connections with the Cuban Government? Do you make transfers in dollars with your account?” are some of the questions that are required to answer.
Pérez Rodríguez informed the bank that the form was invasive and a violation of the Spanish Constitution, which condemns discrimination based on origin. The entity stated that it was protected by Law 10/2010 on the Prevention of Money Laundering. Dissatisfied, in September 2022 the doctor sent his allegations to the Bank of Spain, the entity that should supervise Deutsche Bank, and is still waiting for his response.
Pérez Rodríguez informed the bank that the form was invasive and a violation of the Spanish Constitution, which condemns discrimination based on origin
“I do not have residence in Cuba or in the US,” he says. “I sent them my last statement from the Treasury. If they [el Banco de España] If they want, they can access my accounts and they will know that I do not have any type of financial connection with the United States or with Cuba. I have never made any transaction in dollars. None of this is recorded in my accounts and it is easily demonstrable.”
Pérez Rodríguez is concerned that the Deutsche Bank procedure is beginning to be applied regularly to Spanish citizens of Cuban origin and has denounced the situation on his social networks. According to the doctor, he did not make any problematic transfers or receive money from foreign sources, so linking it to “money laundering” is unfounded. “They have never been empathic with me,” he says, “they have been guided exclusively by my place of birth.”
“I don’t have anyone left in Cuba, but I feel very sorry for what the Cubans are going through,” he says. Pérez Rodríguez demanded proof from Deutsche Bank that they are empowered to demand this information, but they have not sent him any document except a letter, in October 2022, in which the entity explained that they are “subject to a global sanctions policy” and alleges that they do not want to run the risk of “fines for each unauthorized transaction” that a client with Cuban nationality could carry out.
The problem, Pérez Rodríguez exposes, is that at no time does Deutsche Bank respect your rights as a Spaniard
The problem, explains Pérez Rodríguez, is that at no time does Deutsche Bank respect your rights as a Spaniard. “This questionnaire starts from a base that is illegal in Spain,” he says. In addition, this has not only an economic repercussion but also a personal and family one. “I have had to reach an agreement with my partner and my mother because of this situation. It has been a long time without me being able to access my money. My relatives have told me that if my interest is to take this to the end , then we will endure,” he says.
Pérez Rodríguez pins his hopes on the pronouncement that the Bank of Spain must make soon. “Deutsche Bank does not handle complaints well,” he laments, and he has a powerful group of lawyers. Regarding the questionnaire, the doctor affirms that it is evident that it is a document designed to be used in the US and that the Spanish branches “have shot” and are now trying to implement it in Spain. “I don’t think they even know what the US blockade of Cuba is,” he says.
This newspaper contacted other Spanish banks to find out if they have similar forms. One of the largest financial entities in Spain, Banco Bilbao Vizcaya Argentaria (BBVA), replied that “it is not aware of a questionnaire with that level of detail for its clients” and that it is enough for Cubans to have a document of identity issued by Spain or with the Cuban passport itself.
On the other hand, the Santander bank affirms that “only the Cuban passport is needed” to open an account and that the US embargo on Cuba does not authorize them to ask questions of a personal nature to the client. Although, they clarified, “depending on the activity of the account, it is possible to require additional documentation.”
“I can sue them and I will surely end up doing so, but it is convenient to have a pronouncement from the Bank of Spain beforehand”
Another source, from Caixabank, assures that the regulations are international and that, in compliance with them, it is perfectly legal for banks to have their clients’ economic activities identified, as “the first filter that prevents money laundering.” In this regard, he explains that risk countries that are on certain lists, such as Iran or China, are especially monitored. However, it ensures that these types of alerts do not go off normally, “as long as the client’s activity is normal.” One of the cases in which they can jump, and therefore require additional filters, adventure, are constant and high transfers to one of those risk countries.
It is likely that Pérez Rodríguez will transfer his case to the courts, to serve as a precedent if Deutsche Bank continues to apply this form to other clients with Cuban nationality. “I can sue them and I will surely end up doing so, but it is convenient to have a pronouncement from the Bank of Spain beforehand,” he asserts.
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