Last month, the Financial Crimes Enforcement Network (FinCEN) released notice of a proposed rule that would impose new requirements on certain investment advisers under the Bank Secrecy Act (BSA). Specifically, the new rule would include some advisers within the rule’s definition of “financial institution,” thereby bringing those new advisers within the scope of the rule, which sets out requirements for complying with the US Treasury Department’s counter-terrorism financing and anti-money laundering (collectively, “AML”) program. FinCen proposed a similar rule in 2015, but that rule never became effective.
This proposed rule is another step in a larger effort by FinCen to collect more relevant information that would allow for better AML enforcement and follows on the heels of the Corporate Transparency Act (“CTA”), which became effective on January 1, 2024. The CTA requires most US companies to submit reports relating to the beneficial ownership of the company. The impetus for the new rule proposal, according to a statement issued by FinCEN’s director, is the concern that foreign adversaries may be taking advantage of vulnerabilities within the US financial system, and a recognition that, collectively, US advisers manage many trillions of dollars. Continue reading ›