Final rule: Special measure regarding Huione Group (90 FR 48295) (Part 2 of 2)

Bitcoin Research — Law, Regulation, Markets & Origins (2026)

Fincen

2

2025-10-16

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Research, not advice. Part of the Bitcoin research archive (October 2026). Claims labelled unverified, contested or fringe are reported, not endorsed; statuses of bills and rules are as of the date checked. Government, court and patent records are public domain; the research notes are CC BY 4.0.

domestic financial institutions to
                                            risk, particularly related to DPRK cyber                                                                      financial institution that processes
                                                                                                    ‘‘obtain and retain information
                                            heists and TCO-run scams. Taken as a                    concerning the beneficial ownership of                transactions that are designed to obscure
                                            whole, Huione Group’s history of                        any account opened or maintained in                   the transactions’ true nature and are
                                            involvement in laundering proceeds of                   the United States by a foreign                        ultimately for the benefit of DPRK and
                                            illicit activities, and its creation of an              person.’’ 113 The agency determined that              TCOs. Therefore, FinCEN has
                                            unfreezable stablecoin, presents a                      this special measure would likely be                  determined that a prohibition on
                                            heightened risk that Huione Group will                  ineffective since the concerns involving              opening or maintaining correspondent
                                            continue to be used by illicit actors. A                Huione Group do not involve the                       banking relationships is the only special
                                            key feature of Huione Group’s service                   opening or maintaining of accounts in                 measure available under section 311
                                            offerings includes a marketplace to sell                the U.S. by foreign persons.                          that can adequately protect the U.S.
                                            items that enable CVC investment                           FinCEN similarly assesses that merely              financial system from the illicit finance
                                            scams, and money laundering services                    imposing conditions under special                     risk posed by Huione Group. For these
                                            to launder the proceeds of the scams.                   measure five would be inadequate to                   reasons, and after thorough
                                            Huione Group serves as a significant                    address the risks posed by Huione                     consideration of alternate measures,
                                            node within the money laundering                        Group’s activities. Special measure five              FinCEN assesses that no measures short
                                            ecosystem that enables criminals to both                enables FinCEN to impose conditions as                of full prohibition on correspondent or
                                            obtain necessary items to carry out                     an alternative to a prohibition on the                payable-through banking access would
                                            various crimes, and the services to                     opening or maintaining of                             be sufficient to address the money
                                            launder the proceeds of those crimes.                   correspondent accounts.114 Given                      laundering risks posed by Huione
                                               Because of the nature, extent, and                   Huione Group’s longstanding ties to                   Group.
                                            purpose of the obfuscation engaged in                   DPRK proliferation finance, coupled
                                            by Huione Group, any special measure                    with money laundering tied to CVC                     IV. Section-by-Section Analysis
                                            intended to mandate additional                          investment scams, and public                          A. 1010.664(a)—Definitions
                                            information collection would likely be                  acknowledgment of failures of its AML/
                                            ineffective and insufficient to determine               KYC program, FinCEN determined that                   1. Definition of Huione Group
                                            the true identity of illicit finance actors             imposing any condition would not be an
                                            who transact with the group. For                                                                                 The final rule defines the term
                                                                                                    effective measure to safeguard the U.S.
                                            example, the provision under special                                                                          ‘‘Huione Group’’ to mean all
                                                                                                    financial system. FinCEN assesses that
                                            measure one, that ‘‘the identity and                                                                          subsidiaries, branches, and offices of
                                                                                                    the billions of dollars’ worth of CVC and
                                            address of the participants in a                                                                              Huione Group operating as a financial
                                                                                                    fiat laundered through Huione Group’s
                                            transaction or relationship, including                                                                        institution in any jurisdiction outside of
                                                                                                    exploitation of its access to USD, and

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                                            the identity of the originator of any                                                                         the United States, including Haowang
                                                                                                    the exposure of U.S. financial
                                            funds transfer’’ be collected in records                                                                      Guarantee (formerly known as Huione
                                            and reports, could be circumvented by                     111 31 U.S.C. 5318A(b)(1)(B)(i).                    Guarantee), Huione Pay PLC, and
                                            the operations of shell companies,                        112 31 U.S.C. 5318A(b)(3)(B).                       Huione Crypto Spó5ka Z Ograniczona˛
                                            wherein the reported identity of the                      113 31 U.S.C. 5318A(b)(2).                          Odpowiedzialnościa˛ (d/b/a Huione
                                            originator serves to obscure the true                     114 31 U.S.C. 5318A(b)(5).                          Crypto).

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                                                             Federal Register / Vol. 90, No. 198 / Thursday, October 16, 2025 / Rules and Regulations                                          48307

                                            2. Definition of Correspondent Account                  the United States of a bank. The term                    Notice: Pursuant to U.S. regulations issued
                                                                                                    does not include an agent, agency,                    under Section 311 of the USA PATRIOT Act,
                                               The final rule defines the term                                                                            see 31 CFR 1010.664, we are prohibited from
                                            ‘‘correspondent account’’ to have the                   branch, or office within the United
                                                                                                    States of a bank organized under foreign              opening or maintaining in the United States
                                            same meaning as the definition                                                                                a correspondent account for, or on behalf of,
                                            contained in 31 CFR 1010.605(c)(1)(ii).                 law.                                                  Huione Group. The regulations also require
                                            In the case of a U.S. depository                        5. Definition of Subsidiary                           us to notify you that you may not provide
                                            institution, this broad definition                                                                            Huione Group, including any of its
                                                                                                       The final rule defines the term                    subsidiaries, branches, and offices access to
                                            includes most types of banking
                                                                                                    ‘‘subsidiary’’ to mean a company of                   the correspondent account you hold at our
                                            relationships between a U.S. depository
                                                                                                    which more than 50 percent of the                     financial institution. If we become aware that
                                            institution and a foreign bank that are
                                                                                                    voting stock or an otherwise controlling              the correspondent account you hold at our
                                            established to provide regular services,
                                                                                                    interest is owned by another company.                 financial institution has processed any
                                            dealings, and other financial                                                                                 transactions involving Huione Group,
                                            transactions, including a demand                        B. 1010.664(b)—Prohibition on                         including any of its subsidiaries, branches,
                                            deposit, savings deposit, or other                      Accounts and Due Diligence                            and offices, we will be required to take
                                            transaction or asset account, and a                     Requirements for Covered Financial                    appropriate steps to prevent such access,
                                            credit account or other extension of                    Institutions                                          including terminating your account.
                                            credit. FinCEN is using the same                                                                                 The purpose of the notice requirement
                                                                                                    1. Prohibition on Opening or
                                            definition of ‘‘account’’ for purposes of                                                                     is to aid cooperation with correspondent
                                                                                                    Maintaining Correspondent Accounts
                                            this final rule as is established for                                                                         account holders in preventing
                                            depository institutions in the final rule                  Section 1010.664(b)(1) of the final
                                                                                                    rule prohibits covered financial                      transactions involving Huione Group
                                            implementing the provisions of section                                                                        from accessing the U.S. financial
                                            312 of the USA PATRIOT Act, requiring                   institutions from opening or
                                                                                                    maintaining in the United States a                    system. FinCEN does not require or
                                            enhanced due diligence for                                                                                    expect a covered financial institution to
                                            correspondent accounts maintained for                   correspondent account for, or on behalf
                                                                                                    of, Huione Group.                                     obtain a certification from any of its
                                            certain foreign banks.115 Under this                                                                          correspondent account holders that
                                            definition, ‘‘payable-through accounts’’                2. Prohibition on Use of Correspondent                access will not be provided to comply
                                            are a type of correspondent account.                    Accounts Involving Huione Group                       with this notice requirement.
                                               In the case of securities broker-                                                                             Methods of compliance with the
                                            dealers, futures commission merchants,                     Section 1010.664(b)(2) of the final
                                                                                                    rule requires covered financial                       notice requirement could include, for
                                            introducing brokers in commodities,                                                                           example, transmitting a notice by mail,
                                            and investment companies that are                       institutions to take reasonable steps to
                                                                                                    not process a transaction for the                     fax, or email. The notice should be
                                            open-end companies (mutual funds),                                                                            transmitted whenever a covered
                                            FinCEN is also using the same                           correspondent account of a foreign
                                                                                                    banking institution in the United States              financial institution knows or has
                                            definition of ‘‘account’’ for purposes of                                                                     reason to believe that a foreign
                                            this final rule as was established for                  if such a transaction involves Huione
                                                                                                    Group. Such reasonable steps are                      correspondent account holder provides
                                            these entities in the final rule                                                                              services to Huione Group.
                                                                                                    described in 1010.664(b)(3), which sets
                                            implementing the provisions of section                                                                           Special due diligence also includes
                                                                                                    forth the special due diligence
                                            312 of the USA PATRIOT Act, requiring                                                                         implementing risk-based procedures
                                                                                                    requirements a covered financial
                                            due diligence for correspondent                                                                               designed to identify any use of
                                                                                                    institution would be required to take
                                            accounts maintained for certain foreign                                                                       correspondent accounts to process
                                                                                                    when it knows or has reason to believe
                                            banks.116                                                                                                     transactions involving Huione Group. A
                                                                                                    that a transaction involves Huione
                                            3. Definition of Covered Financial                      Group.                                                covered financial institution would be
                                            Institution                                                                                                   expected to apply an appropriate
                                                                                                    3. Special Due Diligence for                          screening mechanism to identify a funds
                                               The final rule defines the term                      Correspondent Accounts                                transfer order that on its face listed
                                            ‘‘covered financial institution’’ by
                                                                                                       As a corollary to the prohibition set              Huione Group as the financial
                                            reference to 31 CFR 1010.605(e)(1), the
                                                                                                    forth in section 1010.664(b)(1) and (2),              institution of the originator or
                                            same definition used in the BSA rule
                                                                                                    section 1010.664(b)(3) of the final rule              beneficiary, or otherwise referenced
                                            (31 CFR 1010.610) requiring the                         requires covered financial institutions to            Huione Group in a manner detectable
                                            establishment of due diligence programs                 apply special due diligence to all of                 under the financial institution’s normal
                                            for correspondent accounts for financial                their foreign correspondent accounts                  screening mechanisms. An appropriate
                                            institutions. In general, this definition               that is reasonably designed to guard                  screening mechanism could be the
                                            includes the following:                                 against such accounts being used to
                                               • a bank;                                                                                                  mechanisms used by a covered financial
                                               • a broker or dealer in securities;                  process transactions involving Huione                 institution to comply with various legal
                                               • a futures commission merchant or                   Group. As part of that special due                    requirements, such as commercially
                                            an introducing broker in commodities;                   diligence, covered financial institutions             available software programs used to
                                            and                                                     are required to notify those foreign                  comply with the economic sanctions
                                               • a mutual fund.                                     correspondent account holders that the                programs administered by the U.S.
                                                                                                    covered financial institutions know or                Department of the Treasury’s OFAC.
                                            4. Definition of Foreign Banking                        have reason to believe provide services
                                            Institution                                             to Huione Group, that such                            4. Recordkeeping and Reporting
                                               The final rule defines the term                      correspondents may not provide Huione                    Section 1010.664(b)(4) of the final

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                                            ‘‘foreign banking institution’’ to mean a               Group with access to the correspondent                rule does not impose any reporting
                                            bank organized under foreign law, or an                 account maintained at the covered                     requirement upon any covered financial
                                            agency, branch, or office located outside               financial institution. A covered                      institution that is not otherwise required
                                                                                                    financial institution may satisfy this                by applicable law or regulation. A
                                              115 See 31 CFR 1010.605(c)(2)(i).                     notification requirement using the                    covered financial institution must,
                                              115 See 31 CFR 1010.605(c)(2)(ii)–(iv).               following notice:                                     however, document its compliance with

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                                            48308            Federal Register / Vol. 90, No. 198 / Thursday, October 16, 2025 / Rules and Regulations

                                            the notification requirement described                  A. Executive Orders                                   with OFAC sanctions, and U.S. financial
                                            above in section 1010.664(b)(3).                           Executive Orders 12866 and 13563                   institutions generally have suspicious
                                                                                                    direct agencies to assess costs and                   activity reporting requirements and
                                            V. Severability                                                                                               systems in place to screen transactions
                                                                                                    benefits of available regulatory
                                               If any of the provisions of this rule, or            alternatives and, if regulation is                    for compliance with OFAC sanctions
                                            the application thereof to any person or                necessary, to select regulatory                       and section 311 special measures
                                            circumstance, is held to be invalid, such               approaches that maximize net benefits                 administered by FinCEN. The systems
                                            invalidity shall not affect the                         (including potential economic,                        that U.S. financial institutions have in
                                            application of such provisions to other                 environmental, public health and safety               place to comply with these
                                            persons or circumstances that can be                    effects, distributive impacts, and                    requirements can easily be modified to
                                            given effect without the invalid                        equity). Executive Order 13563                        comply with this final rule. Thus, the
                                                                                                    emphasizes the importance of                          special due diligence that is required
                                            provision or application.
                                                                                                    quantifying both costs and benefits, of               under the final rule—i.e., preventing the
                                               The provisions of this rule can                                                                            processing of transactions involving
                                            function sensibly if any specific                       reducing costs, of harmonizing rules,
                                                                                                    and of promoting flexibility.                         Huione Group and the transmittal of
                                            provision or application is invalidated,                                                                      notification to certain correspondent
                                                                                                       It has been determined that this final
                                            enjoined or stayed. For example, if a                                                                         account holders—would not impose a
                                                                                                    rule is not a significant regulatory action
                                            court were to hold as invalid the                                                                             significant additional economic burden
                                                                                                    under section 3(f) of Executive Order
                                            application of the rule with respect to                 12866. Accordingly, a regulatory impact               upon small U.S. financial institutions.
                                            any identified Component of Huione                      analysis is not required.                             For these reasons, FinCEN certifies that
                                            Group, FinCEN would preserve the                                                                              the requirements contained in this
                                            finding that all other Components of                    B. Regulatory Flexibility Act                         rulemaking would not have a significant
                                            Huione Group are foreign financial                         When an agency issues a final rule,                impact on a substantial number of small
                                            institutions of primary money                           the Regulatory Flexibility Act (RFA)                  businesses.
                                            laundering concern. In such an instance,                requires the agency to ‘‘prepare and                  C. Unfunded Mandates Reform Act
                                            the provisions of the rule should remain                make available for public comment a
                                            in effect, as those provisions could                    final regulatory flexibility analysis’’                  Section 202 of the Unfunded
                                            function sensibly with respect to the                   (FRFA) that will ‘‘describe the impact of             Mandates Reform Act of 1995 124
                                            remainder of Huione Group. In sum, in                   the proposed rule on small entities.’’ 120            (Unfunded Mandates Reform Act),
                                            the event that any of the provisions of                 However, section 605 of the RFA allows                requires that an agency prepare a
                                            this rule, or the application thereof to                an agency to certify a rule, in lieu of               budgetary impact statement before
                                            any person or circumstance, is held to                  preparing an analysis, if the final rule is           promulgating a rule that may result in
                                            be invalid, FinCEN has crafted this rule                not expected to have a significant                    expenditure by the state, local, and
                                            with the intention to preserve its                      economic impact on a substantial                      tribal governments, in the aggregate, or
                                            provisions to the fullest extent possible               number of small entities. While this                  by the private sector, of USD 100
                                            and any adverse holding should not                      final rule applies to all covered financial           million or more in any one year,
                                            affect other provisions.                                institutions as defined,121 FinCEN does               adjusted for inflation.125 If a budgetary
                                                                                                    not expect the rule to affect a substantial           impact statement is required, section
                                            VI. Regulatory Impact Analysis                          number of entities in practice, and                   202 of the Unfunded Mandates Reform
                                                                                                    FinCEN expects that few if any of these               Act also requires an agency to identify
                                               FinCEN has analyzed this final rule
                                                                                                    entities would meet the criteria                      and consider a reasonable number of
                                            under Executive Orders 12866, 13563,
                                                                                                    necessary to be considered small                      regulatory alternatives before
                                            the Regulatory Flexibility Act,117 the
                                                                                                    entities for the purposes of the RFA.122              promulgating a rule.126
                                            Unfunded Mandates Reform Act,118 and
                                            the Paperwork Reduction Act.119                         Furthermore, for the reasons described                   FinCEN has determined that this final
                                                                                                    below, FinCEN assesses that even if a                 rule will not result in expenditures by
                                               As discussed above, the intended                     small entity was affected by the final                state, local, and tribal governments in
                                            effects of the imposition of special                    rule these changes would not have a                   the aggregate, or by the private sector, of
                                            measure five to Huione Group are                        significant economic impact on such                   an annual USD 100 million or more,
                                            twofold. The rule is expected to: (1)                   entities.123                                          adjusted for inflation (approximately
                                            combat and deter money laundering                          In addition to prohibiting covered                 USD 187 million).127 Accordingly,
                                            associated with Huione Group that                       financial institutions from opening or                FinCEN has not prepared a budgetary
                                            facilitates proliferation financing; and                maintaining in the United States a                    impact statement or specifically
                                            (2) prevent Huione Group from using                     correspondent account for, or on behalf
                                            the U.S. financial system to enable its                 of, Huione Group, this final rule                       124 2 U.S.C. 1532.

                                            illicit finance behavior. In the analysis               requires covered financial institutions to              125 Id.

                                            below, FinCEN discusses the economic                    take reasonable measures to detect use                  126 Id.
                                                                                                                                                            127 The Unfunded Mandates Reform Act requires
                                            effects that are expected to accompany                  of correspondent accounts they do open
                                                                                                                                                          an assessment of mandates that will result in an
                                            adoption of the rule as proposed and                    or maintain to process transactions                   annual expenditure of USD 100 million or more,
                                            assesses such expectations in more                      involving Huione Group. All U.S.                      adjusted for inflation. The U.S. Bureau of Economic
                                            granular detail. This discussion                        persons, including U.S. financial                     Analysis reports the annual value of the gross
                                            includes an explanation of how                          institutions, currently must comply                   domestic product (GDP) deflator for calendar year
                                                                                                                                                          1995, the year of the Unfunded Mandates Reform
                                            FinCEN’s assumptions and

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                                                                                                      120 5 U.S.C. 603(a).
                                                                                                                                                          Act, as 66.939, and as 125.428 for calendar year
                                            methodological choices have influenced                                                                        2024, the most recent annual value available. See
                                                                                                       121 See note 3; see also Section IV.A.3 defining
                                            FinCEN’s conclusions.                                                                                         U.S. Bureau of Economic Analysis, ‘‘Table 1.1.9.
                                                                                                    ‘‘covered financial institution.’’                    Implicit Price Deflators for Gross Domestic
                                                                                                       122 5 U.S.C. 601(3)–(5).
                                                                                                                                                          Product,’’ https://www.bea.gov/itable/ (last accessed
                                              117 5 U.S.C. 603.                                        123 See also infra Section V.D. annual average     Oct. 3, 2025). Thus, the inflation adjusted estimate
                                              118 2 U.S.C. 1532.
                                                                                                    burden estimates per expected affected covered        for USD 100 million is 125.428/66.939 × 100 = USD
                                              119 44 U.S.C. 3507(a)(1)(D).                          financial institution.                                187.377 million.

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                                                                  Federal Register / Vol. 90, No. 198 / Thursday, October 16, 2025 / Rules and Regulations                                                                                    48309

                                            addressed the regulatory alternatives                                    to aid cooperation from foreign                                           burden and cost estimates provided in
                                            considered.                                                              correspondent account holders in                                          the NPRM PRA,128 and therefore, no
                                                                                                                     preventing transactions involving                                         responsive revisions were required.
                                            D. Paperwork Reduction Act
                                                                                                                     Huione Group from being processed by                                      Further revisions to reflect updates to
                                              The PRA imposes certain                                                the U.S. financial system. The                                            underlying data sources and harmonize
                                            requirements on Federal agencies in                                      information required to be maintained                                     the final rule PRA estimates with the
                                            connection with their conducting or                                      by section 664(b)(4) will be used by                                      broader portfolio of OMB control
                                            sponsoring any collection of                                             federal agencies and certain self-                                        numbers assigned to 311 special
                                            information as defined by the PRA.                                       regulatory organizations to verify                                        measures are explained below.
                                            Under the PRA, an agency may not                                         compliance by covered financial                                              Frequency: As required.
                                            conduct or sponsor, and a person is not                                  institutions with the notification
                                            required to respond to, a collection of                                                                                                               Description of Affected Financial
                                                                                                                     requirement in section                                                    Institutions: Only those covered
                                            information unless it displays a valid
                                                                                                                     1010.664(b)(3)(i)(A). The collection of                                   financial institutions defined in section
                                            OMB control number. The new
                                                                                                                     information is mandatory.                                                 1010.664(a)(3) that are engaged in
                                            collections of information required by
                                            this final rule (31 CFR 1010.664) have                                     In promulgating a final rule, FinCEN                                    correspondent banking with, or
                                            been approved by OMB in accordance                                       may revise estimates of anticipated PRA                                   processing transactions potentially
                                            with the Paperwork Reduction Act of                                      burden based on comments received in                                      involving, Huione Group as defined in
                                            1995 (PRA), 44 U.S.C. 3501 et seq.,                                      response to the NPRM and updates to                                       section 1010.664(b)(1) and (2) would be
                                            under control number 1506–0083.                                          the final rule and underlying data                                        affected.
                                              The notification requirement in                                        sources. FinCEN did not receive any                                          Estimated Number of Potential
                                            section 1010.664(b)(3)(i)(A) is intended                                 comments with respect to the original                                     Respondents: Approximately 15,710.129

                                                                                          TABLE 1—ESTIMATES OF COVERED FINANCIAL INSTITUTIONS BY TYPE
                                                                                                                    Financial institution type                                                                                     Number of entities

                                            Banks with a Federal Functional Regulator (FFR) a ...............................................................................................................                                   b 8,995

                                            Banks without an FFR c ...........................................................................................................................................................                    d 395

                                            Broker-dealers in securities e ...................................................................................................................................................                  f 3,320

                                            Open end mutual funds g .........................................................................................................................................................                   h 2,036

                                            Futures commission merchants i .............................................................................................................................................                           j 65

                                            Introducing brokers in commodities k .......................................................................................................................................                          l 899

                                               a See 31 CFR 1010.100(t)(1); see also 31 CFR 1010.100(d).
                                               b Bank data is as of Jan. 17, 2025, from Federal Deposit Insurance Corporation BankFind (https://banks.data.fdic.gov/bankfind-suite/bankfind).
                                            Credit union data is as of Sep. 2024 from the National Credit Union Administration Quarterly Data Summary Reports (https://ncua.gov/analysis/
                                            credit-union-corporate-call-report-data/quarterly-data-summary-reports).
                                               c 31 CFR 1020.210(b).
                                               d The Board of Governors of the Federal Reserve System Master Account and Services Database contains data on financial institutions that
                                            utilize Reserve Bank financial services, including those with no federal regulator. FinCEN used this data to identify 395 banks and credit unions
                                            utilizing Reserve Bank financial services with no federal regulator. (https://www.federalreserve.gov/paymentsystems/master-account-and-services-
                                            database-existing-access.htm).
                                               e 31 CFR 1010.100(t)(2).
                                               f According to the Securities and Exchange Commission (SEC), there are 3,320 broker-dealers in securities as of Mar. 2025 from website
                                            ‘‘Company Information About Active Broker-Dealers’’ (https://www.sec.gov/foia-services/frequently-requested-documents/company-information-
                                            about-active-broker-dealers).
                                               g See 31 CFR 1010.100(t)(10); see also 31 CFR 1010.100(gg).
                                               h According to the SEC, in 2024 there were 2,036 open-end registered investment companies that report on Form N–CEN. (https://
                                            www.sec.gov/dera/data/form-ncen-data-sets).
                                               i 31 CFR 1010.100(t)(8).
                                               j According to the Commodity Futures Trading Commission (CFTC), there are 65 futures commission merchants as of November 30, 2024.
                                            See Financial Data for FCMs, https://www.cftc.gov/MarketReports/financialfcmdata/index.htm.
                                               k 31 CFR 1010.100(t)(9).
                                               l According to the National Futures Association, there are 899 introducing brokers in commodities as of Dec. 31, 2024 from website ‘‘NFA
                                            Membership Totals’’ (https://www.nfa.futures.org/registration-membership/membership-and-directories.html).

                                              Estimated Number of Expected
                                            Respondents: Approximately 127.130

                                                                                          TABLE 2—ESTIMATES OF AFFECTED FINANCIAL INSTITUTIONS BY TYPE
                                                                                                                    Financial institution type                                                                                     Number of entities

                                            Banks with an FFR ..................................................................................................................................................................                   a 60

                                            Banks without an FFR .............................................................................................................................................................                     b 17

                                            Broker-dealers in securities .....................................................................................................................................................                     c 26

                                            Open end mutual funds ...........................................................................................................................................................                      d 16

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                                              128 See supra Section II.C for discussion of                           and the number of active, or currently reporting,                         banks. Table 2 below presents an estimate of this
                                            comment letters received.                                                registered financial institutions.                                        subpopulation of banks, brokers or dealers in
                                              129 This estimate is informed by public and non-                         130 While this regulation applies to all covered                        securities, mutual funds, futures commission
                                            public data sources regarding both an expected                           institutions described in Table 1, in practice the                        merchants, and introducing brokers in commodities
                                                                                                                     burden will only be imposed on select institutions                        based on data from the most recent calendar year
                                            maximum number of entities that may be affected
                                                                                                                     that maintain correspondent accounts for foreign                          end.

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                                            48310                Federal Register / Vol. 90, No. 198 / Thursday, October 16, 2025 / Rules and Regulations

                                                                             TABLE 2—ESTIMATES OF AFFECTED FINANCIAL INSTITUTIONS BY TYPE—Continued
                                                                                                                Financial institution type                                                                                 Number of entities

                                            Futures commission merchants ...............................................................................................................................................                    e1

                                            Introducing brokers in commodities .........................................................................................................................................                     f7

                                               a Data are from the FFIEC Central Data Repository for Reports of Condition and Income (Call Reports) and Uniform Bank Performance Re-
                                            ports (UBPRs), available for most FDIC-insured institutions. Using this source of data, FinCEN determines that as of Q3 2024, approximately 60
                                            banks (as defined by FinCEN regulations, see 31 CFR 1010.100(d)) will be affected by this rule on any given year. Specifically, we determine
                                            that there are approximately 60 banks that report non-zero values for deposit liabilities of banks in foreign countries. Deposit liabilities in a foreign
                                            country is an indication that a bank maintains correspondent accounts with a foreign financial institution.
                                               b The Board of Governors of the Federal Reserve System Master Account and Services Database contains data on financial institutions that
                                            utilize Reserve Bank financial services, including those with no federal regulator. FinCEN used this data to identify an additional 17 international
                                            banking entities with no federal regulator and that do not file Call Reports, but that are also likely to maintain correspondent accounts with a for-
                                            eign financial institution.
                                               c Broker dealers, unless they are publicly traded, are not required to make reports indicating whether or not they have foreign correspondent
                                            accounts or hold foreign deposits. FinCEN reviewed financial statement data from 10–Q and 6–K filings with the SEC, and identified nine publicly
                                            traded broker dealers with US operations that reported foreign deposits. FinCEN also examined Suspicious Activity Reports (SARs) filed by
                                            broker dealers in 2024 to identify another two non-publicly traded broker dealers who appeared likely to be maintaining foreign deposits. How-
                                            ever, because many broker dealers are not publicly traded and did not file SARs, FinCEN conservatively estimates that the proportion of broker
                                            dealers with foreign correspondent accounts will be similar to the proportion for banks (approximately 0.8%). 0.8% of 3,320 active broker dealers
                                            is approximately 26 broker dealers assumed to have foreign correspondent accounts.
                                               d Mutual funds, futures commission merchants, and introducing brokers in commodities generally use intermediary US banks to move and
                                            maintain client deposits and funds for investment. Therefore, it is unlikely that many of these institutions will maintain direct correspondent ac-
                                            counts with foreign financial institutions outside of their existing upstream banking relationships. However, because these institutions may in
                                            some cases receive deposits from, make payments or other disbursements, or otherwise transact directly with foreign financial institutions,
                                            FinCEN conservatively estimates that the proportion of mutual funds with foreign correspondent accounts will be similar to the proportion for
                                            banks (approximately 0.8%). 0.8% of 2,036 active mutual funds is approximately 16 mutual funds assumed to have foreign correspondent ac-
                                            counts.
                                               e 0.8% of 65 active futures commission merchants is approximately one futures commission merchants assumed to have foreign correspondent
                                            accounts.
                                               f 0.8% of 899 active introducing brokers in commodities is approximately seven introducing brokers in commodities assumed to have foreign
                                            correspondent accounts.

                                               Estimated Average Annual Burden in                                 correspondents may not provide Huione                                    In subsequent years, FinCEN
                                            Hours per Affected Financial                                          Group with access to the correspondent                                estimates that the average annual
                                            Institution: Imposing special measure                                 account maintained at the financial                                   burden associated with the collection of
                                            five requirements as described in this                                institution.                                                          information will be significantly
                                            final rule is expected to result in a new,                               C. Documenting the reasonable steps                                reduced.133 FinCEN expects that the
                                            incremental recordkeeping burden on                                   the financial institution took with                                   primary ongoing burden of compliance
                                            certain covered financial institutions as                             respect to special due diligence                                      with FinCEN special measures would
                                            described above. Each anticipated                                     requirements, including but not limited                               primarily accrue in connection with the
                                            component of this is outlined below.                                  to, the reasoning that informed                                       opening of new foreign correspondent
                                               Each affected covered financial                                    decisions to adopt (or not adopt) new                                 accounts, at which point a covered
                                            institution is expected to incur a                                    measures adding to its existing risk-                                 financial institutions would need to
                                            recordkeeping burden associated with                                  based approach, and those new                                         ensure that new account holders receive
                                            preparing and retaining the materials                                 measures.                                                             information on entities subject to
                                            necessary to demonstrate compliance                                      The estimated average annual burden                                special measures and agree not to
                                            with the requirements contained in this                               associated with the collection of                                     conduct transactions on their behalf.
                                            final rule. This is expected to include                               information in this final rule in the first                           FinCEN has previously estimated that
                                            records related to:                                                   year of operations is, in total, one                                  financial institutions that maintain
                                               A. Documenting the reasonable steps                                business day, or eight hours per affected                             foreign correspondent accounts will
                                            the financial institution undertakes to                               financial institution.                                                open an average of 10 new accounts per
                                            ensure no transactions involving Huione                                  Estimated Total Annual Burden in                                   year.134 FinCEN expects the time
                                            Group are processed for a foreign                                     Year One: Approximately 1,016
                                            correspondent account, including:                                     hours.131                                                             directly comparable to its eleven categories of
                                               1. Any investigative activities                                       Estimated Total Annual Cost in Year                                covered financial institutions as delineated in 31
                                                                                                                                                                                        CFR parts 1020 to 1030. The benefit factor is 1 plus
                                            undertaken when the financial                                         One: Approximately $121,920.132                                       the benefit/wages ratio, where as of June 2023, Total
                                            institution knows or has reason to                                                                                                          Benefits = 29.4 and Wages and salaries = 70.6 (29.4/
                                            believe that a foreign bank’s                                           131 127 expected respondents multiplied by eight
                                                                                                                                                                                        70.6 = 0.42) based on the private industry workers
                                            correspondent account has been or is                                  hours per respondent equals 1,016 total annual                        series data downloaded from https://www.bls.gov/
                                                                                                                  burden hours.                                                         news.release/archives/ecec_09122023.pdf (accessed
                                            being used to process transactions                                      132 The wage rate applied here is a general                         Dec. 22, 2024). Given that many occupations
                                            involving Huione Group.                                               composite hourly wage ($84.55), scaled by a                           provide benefits beyond cash wages (e.g., insurance,
                                               2. Any subsequent activities                                       private-sector benefits factor of 1.42 ($120.07 =                     paid leave, etc.), the private sector benefit is applied
                                            undertaken to prevent such access,                                    $84.55 × 1.42), that incorporates the mean wage                       to reflect the total cost to the employer. 1,016 total
                                                                                                                  data (available for download at https://www.bls.gov/                  annual burden hours multiplied by $120 per hour
                                            including, where necessary, termination                                                                                                     equals a total annual cost of $121,920.
                                                                                                                  oes/tables.htm, ‘‘May 2023—National industry-
                                            of the correspondent account.

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                                                                                                                  specific and by ownership’’) associated with the six                    133 See supra Section VI.B discussion of how
                                               B. Notifying, and documenting that                                 occupational codes (11–1010: Chief Executives; 11–                    compliance with the final rule is expected to be
                                            the financial institution has provided                                3021: Computer and Information Systems                                integrated into covered financial institutions’
                                            notice to, foreign correspondent account                              Managers; 11–3031: Financial Managers; 13–1041:                       broader OFAC sanctions and 311 special measures
                                                                                                                  Compliance Officers; 23–1010: Lawyers and                             compliance activities.
                                            holders that the financial institution                                Judicial Law Clerks; 43–3099: Financial Clerks, All                     134 See FinCEN, Renewal Without Change of
                                            knows or has reason to believe provide                                Other) for each of the nine groupings of NAICS                        Prohibition on Correspondent Accounts for Foreign
                                            services to Huione Group, that such                                   industry codes that FinCEN determined are most                        Shell Banks; Records Concerning Owners of Foreign

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                                                                   Federal Register / Vol. 90, No. 198 / Thursday, October 16, 2025 / Rules and Regulations                                                                     48311

                                            burden of special measure compliance                                            Table Three presents a summary of                         and provides a basis for the expected
                                            associated with these new accounts will                                       FinCEN’s estimates of PRA Burden as                         average annual costs as estimated over
                                            not exceed 15 minutes (0.25 hours) per                                        expected to accrue during the first three                   the same time horizon.
                                            affected financial institution.                                               years in which the final rule is effective

                                                                                                    TABLE 3—PRA THREE-YEAR PRO FORMA BURDEN ESTIMATES
                                                                                            Year                                                        Number of respondents        Hours per respondent          Total burden hours

                                            1 .......................................................................................................                         127                        8.00                   1,016.00
                                            2 .......................................................................................................                         127                        0.25                      31.75
                                            3 .......................................................................................................                         127                        0.25                      31.75

                                                   Average ....................................................................................                               127                        2.83                     359.83

                                              Estimated Three-Year Average                                                meaning as provided in                                         (A) Notifying those foreign
                                            Aggregate Annual Burden:                                                      1010.605(c)(l)(ii).                                         correspondent account holders that the
                                            Approximately 360 135 hours on average,                                          (3) Covered financial institution. The                   covered financial institution knows or
                                            per year.                                                                     term ‘‘covered financial institution’’ has                  has reason to believe provide services to
                                              Estimated Three-Year Average                                                the same meaning as provided in                             Huione Group that such correspondents
                                            Aggregate Annual Cost: Approximately                                          1010.605(e)(1).                                             may not provide Huione Group with
                                            $43,277.16.136                                                                   (4) Foreign banking institution. The                     access to the correspondent account
                                            VII. Regulatory Text                                                          term ‘‘foreign banking institution’’                        maintained at the covered financial
                                                                                                                          means a bank organized under foreign                        institution; and
                                            List of Subjects in 31 CFR Part 1010                                          law, or an agency, branch, or office                           (B) Taking reasonable steps to identify
                                              Administrative practice and                                                 located outside the United States of a
                                                                                                                                                                                      any use of its foreign correspondent
                                            procedure, Banks, Banking, Brokers,                                           bank. The term does not include an
                                                                                                                                                                                      accounts by Huione Group, to the extent
                                            Crime, Foreign banking, Terrorism.                                            agent, agency, branch, or office within
                                                                                                                          the United States of a bank organized                       that such use can be determined from
                                            Authority and Issuance                                                        under foreign law.                                          transactional records maintained in the
                                              For the reasons set forth in the                                               (5) Subsidiary. The term ‘‘subsidiary’’                  covered financial institution’s normal
                                            preamble, 31 CFR part 1010 is amended                                         means a company of which more than                          course of business.
                                            as follows:                                                                   50 percent of the voting stock or an                           (ii) A covered financial institution
                                                                                                                          otherwise controlling interest is owned                     shall take a risk-based approach when
                                            PART 1010—GENERAL PROVISIONS                                                  by another company.                                         deciding what, if any, other due
                                                                                                                             (b) Prohibition on accounts and due                      diligence measures it reasonably must
                                            ■ 1. The authority citation for part 1010
                                                                                                                          diligence requirements for covered                          adopt to guard against the use of its
                                            continues to read as follows:
                                                                                                                          financial institutions—                                     foreign correspondent accounts to
                                              Authority: 12 U.S.C. 1829b and 1951–1959;                                      (1) Prohibition on opening or                            process transactions involving Huione
                                            31 U.S.C. 5311–5314, 5316–5336; title III,
                                                                                                                          maintaining correspondent accounts for                      Group.
                                            sec. 314 Pub. L. 107–56, 115 Stat. 307; sec.
                                            2006, Pub. L. 114–41, 129 Stat. 457; sec. 701                                 Huione Group. A covered financial                              (iii) A covered financial institution
                                            Pub. L. 114–74, 129 Stat. 599; sec. 6403, Pub.                                institution shall not open or maintain in                   that knows or has reason to believe that
                                            L. 116–283, 134 Stat. 3388.                                                   the United States a correspondent                           a foreign bank’s correspondent account
                                                                                                                          account for, or on behalf of, Huione
                                            ■ 2. Add 1010.664 to read as follows:                                                                                                     has been or is being used to process
                                                                                                                          Group.
                                                                                                                                                                                      transactions involving Huione Group
                                            § 1010.664 Special measures regarding                                            (2) Prohibition on processing                            shall take all appropriate steps to further
                                            Huione Group.                                                                 transactions involving Huione Group. A
                                                                                                                                                                                      investigate and prevent such access,
                                               (a) Definitions. For purposes of this                                      covered financial institution shall take
                                                                                                                                                                                      including the notification of its
                                            section, the following terms have the                                         reasonable steps not to process a
                                                                                                                          transaction for the correspondent                           correspondent account holder under
                                            following meanings.
                                                                                                                          account in the United States of a foreign                   paragraph (b)(3)(i)(A) of this section
                                               (1) Huione Group. The term ‘‘Huione
                                                                                                                          banking institution if such a transaction                   and, where necessary, termination of the
                                            Group’’ means all subsidiaries,
                                            branches, and offices of Huione Group                                         involves Huione Group.                                      correspondent account.
                                            operating as a financial institution in                                          (3) Special due diligence of                                (4) Recordkeeping and reporting. (i) A
                                            any jurisdiction outside of the United                                        correspondent accounts to prohibit                          covered financial institution is required
                                            States, including Haowang Guarantee                                           transactions. (i) A covered financial                       to document its compliance with the
                                            (formerly known as Huione Guarantee),                                         institution shall apply special due                         notification requirement set forth in this
                                            Huione Pay PLC, and Huione Crypto                                             diligence to its foreign correspondent                      section.
                                            Spó5ka Z Ograniczona˛                                                        accounts that is reasonably designed to                        (ii) Nothing in paragraph (b) of this
                                            Odpowiedzialnościa˛ (d/b/a Huione                                            guard against their use to process                          section shall require a covered financial
                                            Crypto).                                                                      transactions involving Huione Group.
                                                                                                                                                                                      institution to report any information not

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                                               (2) Correspondent account. The term                                        At a minimum, that special due
                                            ‘‘correspondent account’’ has the same                                        diligence must include:

                                            Banks and Agents for Service of Legal Process, 90                               135 This estimate is the average of 1,016 expected          136 See supra note 132. An average annual burden

                                            FR 21987, 21994 (May 22, 2025).                                               burden hours in year one of implementation and              of 63.5 hours over 3 years multiplied by $120.07 per
                                                                                                                          31.75 hours in years two and three, respectively,           hour equals an average annual cost of $43,277.16.
                                                                                                                          rounded to the nearest whole hour.

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                                            48312            Federal Register / Vol. 90, No. 198 / Thursday, October 16, 2025 / Rules and Regulations

                                            otherwise required to be reported by law
                                            or regulation.
                                            Andrea M. Gacki,
                                            Director, Financial Crimes Enforcement
                                            Network.
                                            [FR Doc. 2025–19571 Filed 10–15–25; 8:45 am]
                                            BILLING CODE 4810–02–P

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