September 7, 2018: FinCEN makes exceptive relief from CDD Rule permanent

FIN-2018-R003

Issued: September 7, 2018

Subject: Exceptive Relief from Beneficial Ownership Requirements for Legal Entity Customers of Rollovers, Renewals, Modifications, and Extensions of Certain Accounts

The Financial Crimes Enforcement Network (FinCEN) grants exceptive relief under the authority set forth in 31 U.S.C. § 5318(a)(7) and 31 CFR § 1010.970(a) to covered financial institutions from the obligations of the Beneficial Ownership Requirements for Legal Entity Customers (Beneficial Ownership Rule)1 and its requirement to identify and verify the identity of the beneficial owner(s) when a legal entity customer opens a new account as a result of the following:

• A rollover of a certificate of deposit (CD) (as defined below);

• A renewal, modification, or extension of a loan (e.g., setting a later payoff date) that does not require underwriting review and approval;

• A renewal, modification, or extension of a commercial line of credit or credit card account (e.g., a later payoff date is set) that does not require underwriting review and approval; and

• A renewal of a safe deposit box rental.

The exception only applies to the rollover, renewal, modification or extension

of any of the types of accounts listed above occurring on or after May 11, 2018, and does not apply to the initial opening of such accounts.2 Notwithstanding this exception, covered financial institutions must continue to comply with all other applicable anti-money laundering (AML) requirements under the Bank Secrecy Act (BSA) and its implementing regulations, including program, recordkeeping, and reporting requirements.

the entire notice is a bit longer, providing both background, further detail on covered instruments, and FinCEN’s analysis.

Links:

FinCEN Ruling

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