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Bank Industry Groups Heavily Criticize FinCEN’s Proposed Rule on Access to Beneficial Ownership Information

On February 14, 2023, both the American Bankers Association (ABA) and the Bank Policy Institute (BPI) submitted comments to the Financial Crimes Enforcement Network (FinCEN) on FinCEN’s notice of proposed rulemaking (NPRM)...more

FinCEN Final Rule for Beneficial Ownership Reporting: The “Substantial Control” Prong

Second Post in a Two-Post Series on the CTA Implementing Regulations - As we just blogged, the Financial Crimes Enforcement Network (“FinCEN”) has issued a final rule (“Final Rule”) regarding the beneficial ownership...more

Closing the Gate—House Adopts ENABLERS Act Amendment to 2023 NDAA

Amendment Focuses on Professional “Gatekeepers” – Lawyers, Accountants, Payment Processors, and Those Providing Corporate Formation and Trust Services - On July 13, 2022, the House of Representatives (the “House”) adopted...more

More from FinCEN to Financial Institutions on the Kleptocracy – With a Continued Focus on Russia

On April 14, 2022, the Financial Crimes Enforcement Network (“FinCEN”) issued an advisory on kleptocracy and foreign public corruption. At a high level, the advisory stresses the importance of financial institutions focusing...more

Sharing is Caring: FinCEN Proposes Extending Sharing Suspicious Activity Reports to Foreign Affiliates

On January 24, 2022, the Financial Crimes Enforcement Network (“FinCEN”) published a Notice of Proposed Rulemaking (“NPRM”).  FinCEN is proposing a rule to establish a pilot program that permits certain financial institutions...more

Global Developments in AML and Virtual Assets:  FATF Guidance and the Travel Rule, and U.S. Pronouncements on Stablecoins

In late October, the Financial Action Task Force issued its long-awaited updated guidance on Virtual Assets and Virtual Asset Service Providers (“FATF Guidance”), an extremely lengthy and detailed document setting forth how...more

Circular Delegation: Amicus Support By Former FinCEN Officials and the Cato Institute in the Alpine Securities Saga

Amicus Briefs Urge that Only FinCEN, Not the SEC, Should Enforce the BSA in Regards to Broker-Dealers - In the next stage of the Alpine Securities saga (as we blogged about here, here and here), a petition for a writ of...more

Investment Advisers May Be Subject to AML Regulations Under Revival of Proposed Rule

Bottom Line: Biden Administration May Revive FinCEN’s Proposed Rule For Investment Advisers - Unlike broker-dealers, investment advisers are not currently required to maintain anti-money laundering...more

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