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Regulators clarify new BOI ‘access rule’ provisions

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Banking
Friday, January 5, 2024

The U.S. Treasury’s Financial Crimes Enforcement Network (FinCEN) recently announced a final rule outlining revised provisions for accessing beneficial ownership information (BOI) under section 6403 of the Corporate Transparency Act (CTA). Multiple regulatory agencies released a joint statement to clarify key elements of the new “access rule” intended to balance accessibility for authorized entities with the need to safeguard BOI.

FinCEN, the Federal Reserve, the Federal Deposit Insurance Corp. (FDIC), the National Credit Union Administration (NCUA), the Office of the Comptroller of the Currency (OCC) and state regulators collaborated in issuing the statement.

Among the noticeable points about the access rule is the fact it does not create a new regulatory requirement for financial entities to access BOI and does not necessitate changes in existing Bank Secrecy Act (BSA) or anti-money laundering (AML) compliance programs designed to adhere to the current “customer due diligence” (CDD) rule. However, any access to or use of BOI must comply with CTA and access rule guidelines, according to the statement.  

“To date, FinCEN has issued two rules – and will be issuing a third rule – to implement the CTA,” the regulators wrote. “The first rule regarding the reporting of BOI to FinCEN (the ‘reporting rule’) was issued on Sept. 30, 2022. The second rule is the access rule, which governs access to and use of BOI. The third rule, which has not yet been proposed, will revise the current CDD Rule.”

The regulators noted the CTA directs FinCEN to update the existing CDD Rule in the following ways:

·        “(i) bring it into conformity with the AML Act of 2020, including the CTA;

·        “(ii) account for financial institutions’ access to BOI reported to FinCEN so financial institutions may confirm BOI provided directly to them for the purpose of facilitating their compliance with AML, countering the financing of terrorism, and customer due diligence requirements; and

·        “(iii) reduce any burdens on financial institutions and legal entity customers that are, in light of the CTA, unnecessary or duplicative.”

Furthermore, the regulators point out two issues stemming from FinCEN’s previous efforts to implement the CTA, including the reporting rule, which attempted to clarify specifics related to BOI reporting requirements.  

“A third forthcoming rule aims to revise the current CDD Rule,” the regulators wrote. “This revision aligns it with the AML Act of 2020, facilitates compliance for financial institutions, and reduces unnecessary burdens.”

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