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FinCEN Proposes Rule to Tighten Oversight of Investment Advisers

Recent Regulations & NewsFinCEN Proposes Rule to Tighten Oversight of Investment Advisers

Today, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) issued a Notice of Proposed Rulemaking (NPRM) aimed at preventing criminals and foreign adversaries from exploiting the U.S. financial system through investment advisers. This rule, complementing recent actions against illicit finance, seeks to enhance transparency and aid law enforcement in detecting illicit proceeds.

The NPRM proposes requiring certain investment advisers to adhere to Anti-Money Laundering and Countering the Financing of Terrorism (AML/CFT) requirements under the Bank Secrecy Act (BSA), including implementing risk-based programs, reporting suspicious activity, and maintaining records. Treasury also published a risk assessment highlighting threats and vulnerabilities, such as the uneven application of AML/CFT requirements.

Additionally, the proposed rule facilitates information-sharing among FinCEN, law enforcement, and financial institutions, and delegates examination authority to the SEC. It aligns with the 2021 U.S. Strategy on Countering Corruption and aims to minimize business burden while enhancing financial transparency.

Public comments on the proposed rule are invited until April 15, 2024.

By FCCT Editorial Team

Disclaimer: The views expressed in this article are independent views solely of the author(s) expressed in their private capacity.

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