On March 1, 2024, a federal judge in the U.S. District Court for the Northern District of Alabama ruled that the Corporate Transparency Act (“CTA”) is unconstitutional. The CTA and its implementing regulations require that...more
3/13/2024
/ Alabama ,
Beneficial Owner ,
Civil Monetary Penalty ,
Corporate Transparency Act ,
Criminal Penalties ,
Deadlines ,
FinCEN ,
Fraud ,
Noncompliance ,
Penalties ,
Popular ,
Reporting Requirements ,
Transparency ,
Unconstitutional Condition
On February 7, 2024, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (“FinCEN”) issued a proposed rule that would extend reporting and recordkeeping requirements to persons involved in real estate...more
The Proposed Rule Would Subject Certain Investment Advisers to a Broad Range of AML/CFT Obligations and Represents a Significant Development for the Sector -
Regulators have long considered the lack of anti-money...more
2/27/2024
/ AML/CFT ,
Bank Secrecy Act ,
Broker-Dealer ,
BSA/AML ,
Compliance ,
Currency Transaction Reports (CTR) ,
Customer Due Diligence (CDD) ,
Exempt Reporting Advisers (ERAs) ,
FinCEN ,
Internal Revenue Code (IRC) ,
Investment Adviser ,
Investment Advisers Act of 1940 ,
Law Enforcement ,
Patriot Act ,
Policies and Procedures ,
Proposed Rules ,
Securities and Exchange Commission (SEC) ,
Suspicious Activity Reports (SARs) ,
Third-Party Service Provider
Companies need to be aware of filing requirements before taking foreign money -
On March 14, 2023, after a week of three bank failures that marked the largest such crisis since 2008, policymakers continued seeking private...more
3/15/2023
/ CFIUS ,
Corporate Counsel ,
Critical Infrastructure Sectors ,
Enforcement ,
Executive Orders ,
FDIC ,
Filing Requirements ,
Foreign Entities ,
Foreign Investment ,
Investment ,
National Security ,
Popular
New program may prohibit some U.S. investments in China -
On March 3, 2023, the U.S. Departments of the Treasury (“Treasury”) and Commerce (“Commerce”) delivered to Congress separate confidential reports that confirm the...more
3/8/2023
/ Biden Administration ,
CFIUS ,
China ,
Executive Orders ,
FIRRMA ,
Investment Adviser ,
Outbound Transactions ,
Popular ,
Semiconductors ,
U.S. Commerce Department ,
U.S. Treasury
Publication indicates a more robust enforcement posture -
On October 20, 2022, the U.S. Department of the Treasury (“Treasury”) released the first-ever Enforcement and Penalty Guidelines (the “Guidelines”) for the...more
11/2/2022
/ Aggravating Factors ,
CFIUS ,
Enforcement ,
Failure-to-File ,
Filing Requirements ,
FIRRMA ,
Foreign Investment ,
Good Faith ,
Investment ,
Material Misstatements ,
Mitigating Factors ,
Negligence ,
Omissions ,
Penalties ,
Remediation ,
Self-Disclosure Requirements ,
Subpoenas ,
Transparency ,
U.S. Treasury
Implementation of Beneficial Ownership Reporting Obligations; Expanded CDD Rule Forthcoming On September 29, 2022, the U.S. Department of Treasury’s Financial Crimes Enforcement Network (“FinCEN”) issued a final rule...more
10/13/2022
/ Anti-Money Laundering ,
Beneficial Owner ,
Corporate Transparency Act ,
Customer Due Diligence (CDD) ,
Final Rules ,
FinCEN ,
Limited Liability Company (LLC) ,
National Security ,
NDAA ,
Notice of Proposed Rulemaking (NOPR) ,
Ownership Interest ,
Reporting Requirements
The United States Department of the Treasury (“Treasury”) is taking further action to combat corruption, money laundering, terrorist financing, tax fraud, and other illicit activities.
Following its Advance Notice of...more
Guidance Demonstrates OFAC’s Expectations for Sanctions Compliance by Cryptocurrency Industry -
On October 15, 2021, the Office of Foreign Assets Control (“OFAC”) of the U.S. Department of the Treasury published Sanctions...more
10/26/2021
/ Audits ,
Cryptocurrency ,
Cybersecurity ,
FinCEN ,
Internal Controls ,
Money Laundering ,
New Guidance ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Ransomware ,
Risk Assessment ,
Sanctions ,
Testing Requirements ,
Training ,
U.S. Treasury ,
Virtual Currency
FinCEN announces eight areas of focus and advises preparation for issuance of new regulations -
On June 30, 2021, the U.S. Department of Treasury’s Financial Crimes Enforcement Network (“FinCEN”) issued the first...more
7/8/2021
/ Anti-Money Laundering ,
Bank Secrecy Act ,
Beneficial Owner ,
Corporate Transparency Act ,
Corruption ,
Cyber Crimes ,
Cybersecurity ,
Drug Trafficking ,
Financial Institutions ,
FinCEN ,
Fraud ,
Human Trafficking ,
New Regulations ,
Popular ,
Reporting Requirements ,
Significant Transnational Criminal Organization ,
Terrorism Funding ,
Virtual Currency ,
Whistleblowers
On March 19, 2021, the Financial Action Task Force (“FATF”), an intergovernmental body tasked with setting international standards aimed at preventing money laundering and terrorist financing (“FATF Standards”), released its...more
4/12/2021
/ Anti-Money Laundering ,
Cross-Border Transactions ,
Cryptocurrency ,
Digital Assets ,
FATF ,
Guidance Update ,
Information Sharing ,
Licensing Rules ,
Peer-to-Peer ,
Registration Requirement ,
Risk Mitigation ,
Terrorist Financing ,
Transfer of Assets ,
Travel Rule
As we wrote over the summer, Congress has passed a bill that will require certain corporations and limited liability companies (“LLCs”) to report information on their beneficial owners to the U.S. Treasury Department’s...more
12/23/2020
/ Anti-Money Laundering ,
Civil Monetary Penalty ,
Currency Transaction Reports (CTR) ,
Customer Due Diligence (CDD) ,
Department of Justice (DOJ) ,
FinCEN ,
Internal Revenue Code (IRC) ,
Limited Liability Company (LLC) ,
NDAA ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Securities Exchange Act ,
Shell Corporations ,
Suspicious Activity Reports (SARs) ,
U.S. Treasury ,
Whistleblowers
Recent Enforcement Actions and Guidance from DOJ, FinCEN, and OFAC Demonstrate the Increased Commitment — and Cooperation — of Federal Regulators to Police Digital Currencies, Including Their Use in Ransomware Attacks -
Amid...more
11/16/2020
/ Bitcoin ,
Cryptocurrency ,
Cyber Attacks ,
Department of Justice (DOJ) ,
Digital Assets ,
Digital Currency ,
Enforcement Actions ,
Enforcement Guidance ,
FinCEN ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Ransomware ,
Securities and Exchange Commission (SEC)
Bank Secrecy Act Update: The Financial Crimes Enforcement Network Details Its Bank Secrecy Act Enforcement Approach; Bank Regulators Provide Guidance on Their Approach to BSA Enforcement; FinCEN’s Final Rule Requiring BSA...more
9/22/2020
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Anti-Money Laundering ,
Bank Secrecy Act ,
Cease and Desist Orders ,
FDIA ,
Federal Credit Unions ,
Final Rules ,
FinCEN ,
New Guidance ,
Notice of Proposed Rulemaking (NOPR) ,
U.S. Treasury
If the U.S. House of Representatives has its way, some corporations will soon be required to report information on their beneficial owners to the Treasury Department’s Financial Crimes Enforcement Network (“FinCEN”). On...more
China And The United States Reportedly Nearing A Deal On Trade Agreement United States -
The United States and China are nearing the conclusion of negotiations for a limited trade agreement, which reportedly could be...more
WTO Rules that China Can Take Retaliatory Action Against the United States Due to U.S.’s Alleged Failure to Comply With WTO Dumping Calculation Ruling -
On November 1, 2019, the WTO issued a decision authorizing China to...more
The U.S. International Trade Commission Initiates A Second Miscellaneous Tariff Bill Process -
On October 11, 2019, the United States International Trade Commission (“Commission”) will again initiate the Miscellaneous...more
10/21/2019
/ Airbus ,
China ,
Constitutional Challenges ,
EU ,
International Trade Commission (ITC) ,
OECD ,
Retaliatory Tariffs ,
Tariffs ,
Trade Negotiations ,
Trade Relations ,
Trump Administration ,
UK Brexit ,
UK Parliament ,
UK Supreme Court ,
United Nations ,
WTO
Trade talks between the United States and China are set to resume on October 10, 2019, when Chinese Vice Premier Liu He, China’s top trade negotiator, returns to Washington. It is expected that Vice Premier Liu will continue...more
UK Prime Minister Boris Johnson Loses Majority In Parliament While Parliament Votes to Delay Brexit -
On September 3, 2019, the Conservative party in the United Kingdom (“UK”) lost its majority in Parliament when Phillip...more
10/1/2019
/ Blockchain ,
Brazil ,
China ,
EU ,
International Trade Commission (ITC) ,
Japan ,
President Macron ,
Prime Minister ,
Tariffs ,
Trade Relations ,
UK ,
UK Brexit ,
US Trade Policies ,
Wildfires
The trade relationship between the United States and China has continued to be difficult, especially after both countries announced significant new tariffs on each other’s goods in August 2019. Nonetheless, the relationship...more
Section 301 List 4 Hearing Takes Place as List 3 Exclusion Process Is Set to Go Live -
Beginning June 17, 2019, the Office of the U.S. Trade Representative (“USTR”) held seven days of public hearings on proposed tariffs...more
7/11/2019
/ China ,
Digital Services ,
Exclusions ,
France ,
Imports ,
SCOTUS ,
Section 232 ,
Section 301 ,
Steel Industry ,
Tariffs ,
Trade Relations ,
Trump Administration ,
U.S. Treasury ,
US Trade Policies ,
USTR
U.S. Senators Call For Treasury To Raise Taxes On French Interests In Response To Potential Digital Services Tax -
On June 24, 2019, the U.S. Senate Finance Committee, through its Chairman Chuck Grassley (R-IA) and...more
7/10/2019
/ Congressional Committees ,
Digital Services ,
France ,
Multinationals ,
SCOTUS ,
Section 232 ,
Steel Industry ,
Tax Court ,
Trade Expansion Act of 1962 ,
Trump Administration ,
US Trade Policies
Mexico and the United States Reach Agreement on Immigration Issues, Causing President Trump to Withdraw His Threat to Impose Escalating Tariffs on Imports from Mexico -
Late on Friday, June 7, 2019, the United States and...more
On Tuesday, June 4, 2019, the Trump administration announced tighter restrictions on trade with Cuba, which affects, among other things, a popular category of travel to Cuba for U.S. citizens. In the action, the U.S....more