On August 29, 2024, the Financial Crimes Enforcement Network (“FinCEN”) issued a final rule under the Bank Secrecy Act (“BSA”) requiring certain persons involved in real estate closings and settlements to report and maintain...more
9/12/2024
/ AML/CFT ,
Anti-Money Laundering ,
Bank Secrecy Act ,
Beneficial Owner ,
Exemptions ,
Final Rules ,
FinCEN ,
Noncompliance ,
Penalties ,
Popular ,
Proposed Rules ,
Real Estate Transfers ,
Recordkeeping Requirements ,
Settlement
On September 4, 2024, the Financial Crimes Enforcement Network (“FinCEN”), U.S. Department of Treasury, published a final rule (the “Final Rule”) expanding the definition of “financial institution” under the Bank Secrecy Act...more
9/10/2024
/ AML/CFT ,
Anti-Money Laundering ,
Anti-Terrorism Financing ,
Asset Management ,
Bank Secrecy Act ,
Compliance ,
Currency Transaction Reports (CTR) ,
Customer Identification Program (CIP) ,
Exempt Reporting Advisers (ERAs) ,
Final Rules ,
FinCEN ,
Investment Adviser ,
Popular ,
Securities and Exchange Commission (SEC) ,
Suspicious Activity Reports (SARs)
Since January 1, 2024, when the Corporate Transparency Act’s (“CTA”) beneficial ownership reporting requirements became effective, a key issue has been whether companies that meet the requirements of a “reporting company” are...more
The SEC and FinCEN Request Comments on their Proposed Rule on Customer Identification Programs for Registered Investment Advisers and Exempt Reporting Advisers -
The Securities and Exchange Commission (“SEC”) and the...more
5/24/2024
/ AML/CFT ,
Bank Secrecy Act ,
Customer Due Diligence (CDD) ,
Customer Identification Program (CIP) ,
Exempt Reporting Advisers (ERAs) ,
Financial Institutions ,
FinCEN ,
Investment Adviser ,
Investment Advisers Act of 1940 ,
Notice of Proposed Rulemaking (NOPR) ,
Popular ,
Recordkeeping Requirements ,
Securities and Exchange Commission (SEC)
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
Revised guidance takes effect on October 22, 2023 and will be supplemented by forthcoming memorandum -
On August 23, the Office of Management and Budget (“OMB”) published final Guidance for Grants and Agreements to...more
Applications For Leading Edge Commercial Fabrication Facilities And For Current-Generation Facilities Accepted Beginning March 31, 2023 And June 26, 2023, Respectively -
On August 9, 2022, President Joseph R. Biden signed...more
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
Legislation Introduced In The Context Of Significant Federal Attention To Vulnerable Supply Chains, Including Critical Minerals And Materials -
On January 14, 2022, Senators Tom Cotton (R-AR) and Mark Kelly (D-AZ)...more
1/26/2022
/ Arms Export Control Act ,
China ,
Department of Defense (DOD) ,
Department of the Interior ,
Imports ,
NDAA ,
Proposed Legislation ,
Rare Earth Metals ,
Supply Chain ,
Trade Act of 1974 ,
USTR
Creates A New Forced Labor “Presumption” That Would Prohibit Certain Imports From Entry Into The United States, Among Other Measures, To Address Forced Labor In China -
On December 23, 2021, President Biden signed into law...more
1/14/2022
/ China ,
Clean Energy ,
Customs and Border Protection ,
Economic Sanctions ,
Forced Labor ,
Human Rights ,
Imports ,
Semiconductors ,
Supply Chain ,
Trade Facilitation and Trade Enforcement Act ,
Unruh Civil Rights Act ,
Uyghur Forced Labor Prevention Act (UFLPA) ,
Withhold Release Orders (WROs)
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
Agencies Request Information From Public to Support U.S. Supply Chains -
The Department of Commerce’s Bureau of Industry and Security (“BIS”) and the Department of Transportation (“DoT”) are requesting information and...more
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
Industry-Specific Primer – Semiconductor Manufacturing And Advanced Packaging -
On June 8, 2021, the Biden Administration issued the reports mandated by the Executive Order on America’s Supply Chains (the “America’s Supply...more
6/14/2021
/ Biden Administration ,
Buy American Act ,
CFIUS ,
Coronavirus/COVID-19 ,
Defense Production Act ,
Department of Defense (DOD) ,
Executive Orders ,
Export Controls ,
Export-Import Bank of the US ,
Federal Acquisition Regulations (FAR) ,
National Security ,
NDAA ,
NIST ,
Popular ,
Research and Development ,
Semiconductors ,
Supply Chain ,
Supply Shortages ,
Trade Expansion Act of 1962 ,
U.S. Commerce Department
On June 8-9, 2021, the World Trade Organization’s (WTO) TRIPS Council will hold their first meeting in the wake of the U.S. Trade Representative (USTR) announcing “the Biden-Harris Administration’s support for waiving...more
6/8/2021
/ Bilateral Investment Treaties ,
Copyright ,
Coronavirus/COVID-19 ,
Industrial Design ,
Intellectual Property Protection ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Popular ,
Takings Clause ,
Trade Secrets ,
TRIPS Agreement ,
Tucker Act ,
United States-Mexico-Canada Agreement (USMCA) ,
USTR ,
Vaccinations ,
Waivers ,
WTO
Modernizing FinCEN’s Whistleblower Program Under the Anti-Money Laundering Act of 2020 -
INTRODUCTION -
Reporting on multiple international money-laundering schemes last year brought public focus to the anti-money...more
5/21/2021
/ Anti-Money Laundering ,
Bank Secrecy Act ,
CFTC ,
Department of Justice (DOJ) ,
Dodd-Frank ,
False Claims Act (FCA) ,
FinCEN ,
IRS ,
NDAA ,
Sarbanes-Oxley ,
Securities and Exchange Commission (SEC) ,
Whistleblower Awards ,
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
Companies holding intellectual property in medical products used in the fight against COVID-19 should be aware of formal efforts by a group of nearly 60 developing countries, led by India and South Africa, to obtain a waiver...more
3/5/2021
/ Bilateral Investment Treaties ,
Coronavirus/COVID-19 ,
Diagnostic Tests ,
Foreign Investment ,
Free Trade Agreements ,
Intellectual Property Protection ,
Medical Devices ,
Personal Protective Equipment ,
Prescription Drugs ,
TRIPS Agreement ,
Vaccinations ,
Waivers ,
WTO
Articulates Administration Policy And Reaffirms Need For “Strong, Resilient Supply Chains” For “Critical And Essential Goods And Materials” -
On February 24, 2021, President Joseph R. Biden Jr. signed an Executive Order on...more
2/26/2021
/ Batteries ,
Biden Administration ,
Energy Sector ,
Executive Orders ,
Food Supply ,
Goods or Services ,
Information and Communication Technology (ICT) ,
Manufacturers ,
Minerals ,
National Security ,
Popular ,
Prescription Drugs ,
Risk Management ,
Supply Chain ,
Telecommunications ,
Transportation Industry
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
In October of last year, we wrote about the challenges faced by virtual currency businesses in complying with the Travel Rule following new guidance from the Financial Action Task Force (FATF) and the Financial Crimes...more
11/5/2020
/ Bank Secrecy Act ,
Compliance ,
Cryptocurrency ,
Department of Justice (DOJ) ,
FATF ,
Federal Reserve ,
Financial Institutions ,
FinCEN ,
Proposed Rules ,
Suspicious Activity Reports (SARs) ,
Travel Rule ,
Uniform Commercial Code (UCC) ,
Virtual Currency ,
Wire Transfers
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