NPRM: Anti-Money Laundering and Countering the Financing of Terrorism Programs (all FIs, incl. MSBs) (91 FR 18704) (Part 1 of 5)

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

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2026-04-10

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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.

18704                     Federal Register / Vol. 91, No. 69 / Friday, April 10, 2026 / Proposed Rules

                                                DEPARTMENT OF THE TREASURY                              Strategic Affairs Division, Financial                    services businesses (MSBs); (4) brokers
                                                                                                        Crimes Enforcement Network, P.O. Box                     or dealers in securities (broker-dealers);
                                                Financial Crimes Enforcement Network                    39, Vienna, VA 22183. Refer to Docket                    (5) mutual funds; (6) insurance
                                                                                                        Number FINCEN–2026–0034 and RIN                          companies; (7) futures commission
                                                31 CFR Parts 1010, 1020, 1021, 1022,                    1506–AB72. Mailed comments must be                       merchants (FCMs) and introducing
                                                1023, 1024, 1025, 1026, 1027, 1028,                     received by the close of the comment                     brokers in commodities (IBCs); (8)
                                                1029, and 1030                                          period.                                                  dealers in precious metals, precious
                                                                                                          Do not include any personally                          stones, or jewels (DPMSJs); (9) operators
                                                RIN 1506–AB72                                           identifiable information (such as name,                  of credit card systems; (10) loan or
                                                Anti-Money Laundering and                               address, or other contact information) or                finance companies; and (11) housing
                                                Countering the Financing of Terrorism                   confidential business information that                   government sponsored enterprises
                                                                                                        you do not want publicly disclosed. All                  (housing GSEs).
                                                Programs
                                                                                                        comments are public records; they are
                                                                                                        publicly displayed exactly as received,                  II. Background
                                                AGENCY: Financial Crimes Enforcement
                                                Network (FinCEN), Treasury.                             and will not be deleted, modified, or                    A. Anti-Money Laundering Programs
                                                ACTION: Proposed rule.                                  redacted. Comments may be submitted                      Under the Bank Secrecy Act
                                                                                                        anonymously.                                                Enacted in 1970 and amended several
                                                SUMMARY: Pursuant to the Department of                    Follow the search instructions on
                                                                                                                                                                 times since, the BSA is designed to
                                                the Treasury (Treasury) and FinCEN’s                    https://www.regulations.gov to view
                                                                                                                                                                 combat money laundering, the financing
                                                efforts to modernize the Bank Secrecy                   public comments. In accordance with 5
                                                                                                                                                                 of terrorism, and other illicit finance
                                                Act (BSA) and to implement provisions                   U.S.C. 553(b)(4), a summary of this rule
                                                                                                                                                                 activity risks 3 (collectively, ML/TF
                                                of the Anti-Money Laundering Act of                     may be found at www.regulations.gov
                                                                                                                                                                 risks).4 Congress has authorized the
                                                2020 (AML Act), FinCEN is proposing a                   under Docket FINCEN–2026–0034.
                                                                                                                                                                 Secretary of the Treasury (Secretary) to
                                                rule to fundamentally reform the                        FOR FURTHER INFORMATION CONTACT: The                     administer the BSA. The Secretary has
                                                requirements for financial institutions’                FinCEN Regulatory Support Section at                     in turn delegated the authority to
                                                anti-money laundering and countering                    www.fincen.gov/contact.                                  implement, administer, and enforce
                                                the financing of terrorism (AML/CFT)                    SUPPLEMENTARY INFORMATION:                               compliance with the BSA and its
                                                programs. Among other changes, this                                                                              associated regulations to the Director of
                                                                                                        I. Scope
                                                proposed rule aims to ensure that                                                                                FinCEN (Director).5
                                                financial institutions establish and                       The proposed rule would amend                            Since its original enactment, Congress
                                                maintain effective AML/CFT programs                     FinCEN’s regulations that prescribe anti-                has continued to address various
                                                that better achieve the purposes of the                 money laundering program                                 aspects of AML/CFT compliance,
                                                BSA and lead to more effective                          requirements for financial institutions                  including through expansion of the
                                                outcomes for financial institutions as                  (AML program rules) 1 under the BSA.2                    BSA.6 In 1992, the Annunzio-Wylie
                                                well as law enforcement and national                    For purposes of the AML program rules                    Anti-Money Laundering Act 7 gave the
                                                security agencies. Through this                         and this proposed rule, ‘‘financial                      Secretary authority to prescribe
                                                rulemaking, consistent with its statutory               institutions’’ are: (1) banks; (2) casinos               minimum standards for AML programs,
                                                authority as the administrator of the                   and card clubs (casinos); (3) money                      including: ‘‘(A) the development of
                                                BSA, FinCEN is also proposing
                                                                                                           1 When referring to the existing program rules, the
                                                measures to modernize and reform                                                                                    3 As defined in section 281(5) of the Countering
                                                                                                        term ‘‘AML program rules’’ is used; when referring       America’s Adversaries Through Sanctions Act, the
                                                Federal supervision of AML/CFT                          to the requirements that this NPRM is proposing,         term ‘‘illicit finance’’ means ‘‘the financing of
                                                programs by enhancing FinCEN’s role in                  the term ‘‘AML/CFT program rules’’ is used.              terrorism, narcotics trafficking, or proliferation,
                                                AML/CFT supervision and enforcement                        2 Certain parts of the Currency and Foreign
                                                                                                                                                                 money laundering, or other forms of illicit financing
                                                in coordination with Federal banking                    Transactions Reporting Act, its amendments, and          domestically or internationally, as defined by the
                                                                                                        the other statutes relating to the subject matter of     President.’’ Public Law 115–44 (Aug. 2, 2017).
                                                regulators. In addition, FinCEN is                      that Act, have come to be referred to as the BSA.           4 31 U.S.C. 5311.
                                                proposing regulatory amendments to                      These statutes are codified at 12 U.S.C. 1829b, 12          5 Treasury Order 180–01 (Jan. 14, 2020), para. 3,
                                                promote clarity and consistency across                  U.S.C. 1951–1960, and 31 U.S.C. 5311–5314 and
                                                                                                                                                                 https://home.treasury.gov/about/general-
                                                FinCEN’s program rules for different                    5316–5336 and notes thereto, with implementing
                                                                                                        regulations at 31 CFR chapter X. Certain criminal        information/orders-and-directives/treasury-order-
                                                types of financial institutions.                        statutes—namely, 18 U.S.C. 1956, 1957, and 1960—         180-01; see also 31 U.S.C. 310(b)(2)(I) (providing
                                                                                                                                                                 that the Director of FinCEN shall ‘‘[a]dminister the
                                                DATES: Comments must be received by                     are included in the BSA definition at 31 CFR
                                                                                                        1010.100(e). Section 6003 of the AML Act, however,       requirements of subchapter II of chapter 53 of this
                                                June 9, 2026.                                                                                                    title, chapter 2 of title I of Public Law 91–508, and
                                                                                                        does not include these provisions in its BSA
                                                ADDRESSES: Comments must be                             definition, and thus FinCEN is not considering           section 21 of the Federal Deposit Insurance Act, to
                                                                                                                                                                 the extent delegated such authority by the
                                                submitted in one of the following two                   them part of the BSA for the purposes of this
                                                                                                                                                                 Secretary.’’).
                                                                                                        proposed rule. The AML program rules are located
                                                ways (please choose only one of the                     at 31 CFR 1020.210 (banks), 1021.210 (casinos),             6 Most recently, Congress enacted the Guiding
                                                ways listed):                                           1022.210 (MSBs), 1023.210 (broker-dealers),              and Establishing National Innovation for U.S.
                                                   • Electronically at https://                         1024.210 (mutual funds), 1025.210 (insurance             Stablecoins (GENIUS) Act on July 18, 2025. Public
                                                www.regulations.gov. Follow the                         companies), 1026.210 (FCMs and IBCs), 1027.210           Law 119–27, codified at 12 U.S.C. 5901 et seq. The
                                                                                                        (DPMSJs), 1028.210 (operators of credit card             GENIUS Act requires that permitted payment
                                                ‘‘Submit a comment’’ instructions. If                   systems), 1029.210 (loan or finance companies), and      stablecoin issuers be treated as financial institutions
                                                you are reading this document on                        1030.210 (housing GSEs). FinCEN notes this               for purposes of the BSA including being required
                                                federalregister.gov, you may use the                    proposed rule does not propose any amendments to         to maintain ‘‘an effective anti-money laundering
                                                                                                                                                                 program.’’ See 12 U.S.C. 5903(a)(5)(A)(i). The

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                                                green ‘‘SUBMIT A PUBLIC COMMENT’’                       the final rule establishing AML/CFT and suspicious
                                                                                                        activity report (SAR) filing requirements for            GENIUS Act also requires the Agencies to issue
                                                button beneath this rulemaking’s title to               registered investment advisers and exempt                regulations relating to PPSIs, including regulations
                                                submit a comment to the regulations.gov                 reporting advisers, which has been delayed until         pertaining to BSA compliance standards. 12 U.S.C.
                                                docket. Refer to Docket Number                          January 1, 2028. See FinCEN, Delaying the Effective      5903(a)(4)(iv). These AML/CFT requirements and
                                                FINCEN–2026–0034 and RIN 1506–                          Date of the Anti-Money Laundering/Countering the         standards for PPSIs are addressed separately from
                                                                                                        Financing of Terrorism Program and Suspicious            this rulemaking.
                                                AB72.                                                   Activity Report Filing Requirements for Registered          7 Section 1517 of the Annunzio-Wylie Anti-
                                                   • You may mail written comments to                   Investment Advisers and Exempt Reporting                 Money Laundering Act, Public Law 102–550, 106
                                                the following address: Regulatory and                   Advisers Final Rule, 91 FR 36 (Jan. 2, 2026).            Stat. 3672 (Oct. 28, 1992).

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                                                                           Federal Register / Vol. 91, No. 69 / Friday, April 10, 2026 / Proposed Rules                                                   18705

                                                internal policies, procedures, and                      Congress stated that it was seeking to                  Secretary must promulgate regulations,
                                                controls, (B) the designation of a                      modernize and strengthen the AML/CFT                    as appropriate, to incorporate those
                                                compliance officer, (C) an ongoing                      regulatory framework, which ‘‘had not                   priorities into revised program rules,
                                                employee training program, and (D) an                   seen comprehensive reform or                            and incorporation of the priorities must
                                                independent audit function to test                      modernization’’ since the BSA was                       be included as a measure on which
                                                programs’’—what are often called the                    enacted in the 1970s.14 Among other                     financial institutions are supervised and
                                                ‘‘four pillars’’ of AML programs.8 Later,               objectives, Congress intended for the                   examined. FinCEN issued the first
                                                the Uniting and Strengthening America                   AML Act to require ‘‘more routine and                   AML/CFT Priorities on June 30, 2021.17
                                                by Providing Appropriate Tools                          systemic coordination, communication,                      Third, section 6101(b) expands the
                                                Required to Intercept and Obstruct                      and feedback among financial                            BSA’s program rule requirement to
                                                Terrorism Act of 2001 (USA PATRIOT                      institutions, regulators, and law                       formally include an express reference to
                                                Act) further amended the BSA to                         enforcement to identify suspicious                      CFT in addition to AML.
                                                include, among other things, customer                   financial activities, better focusing bank                 Fourth, section 6101(b) provides that
                                                identification program (CIP)                            resources to the AML task, which will                   the duty to establish, maintain, and
                                                requirements and the expansion of AML                   increase the likelihood for better law                  enforce an AML/CFT program shall
                                                program rules to cover certain other                    enforcement outcomes.’’ 15                              remain the responsibility of, and be
                                                financial industry participants (e.g.,                     Section 6101(b) of the AML Act made                  performed by, persons in the United
                                                credit unions and FCMs).9 The USA                       several changes to the BSA’s AML/CFT                    States who are accessible to, and subject
                                                PATRIOT Act also made it mandatory                      program requirements.                                   to, oversight and supervision by, the
                                                for financial institutions to maintain                     First, section 6101(b) amended the                   Secretary and the appropriate Federal
                                                AML programs that meet minimum                          BSA at 31 U.S.C. 5318(h)(2)(B) to state                 functional regulator.
                                                prescribed standards.10 Through the                     that, ‘‘[i]n prescribing the minimum
                                                                                                                                                                B. FinCEN’s Effectiveness Advance
                                                exercise of its delegated authority,                    standards [for AML/CFT programs], and
                                                                                                                                                                Notice of Proposed Rulemaking
                                                FinCEN is authorized to require each                    in supervising and examining
                                                                                                                                                                (ANPRM)
                                                financial institution to establish an AML               compliance with those standards, the
                                                                                                        Secretary of the Treasury, and the                         Prior to the enactment of the AML
                                                program to ensure compliance with the                                                                           Act, and as informed by the
                                                BSA and guard against ML/TF risks.11                    appropriate Federal functional regulator
                                                                                                        (as defined in section 509 of the Gramm-                recommendations of the AML
                                                Over time, FinCEN incorporated these                                                                            Effectiveness Bank Secrecy Act
                                                standards into the AML program rules                    Leach-Bliley Act) 16 shall take into
                                                                                                        account’’ certain factors, which are                    Advisory Group working group, FinCEN
                                                and implemented additional                                                                                      published an ANPRM seeking public
                                                requirements for certain covered                        further described in section IV.A.
                                                                                                           Second, section 6101(b) requires the                 comment on potential regulatory
                                                financial institutions, such as customer                                                                        amendments to increase the
                                                                                                        Secretary, in consultation with the
                                                due diligence (CDD) requirements                                                                                effectiveness of the current program
                                                                                                        Attorney General, appropriate Federal
                                                (sometimes referred to as the ‘‘fifth                                                                           rules (Effectiveness ANPRM).18 The
                                                                                                        functional regulators, relevant State
                                                pillar’’ of AML programs).12                            financial regulators, and relevant                      Effectiveness ANPRM sought public
                                                   On January 1, 2021, Congress enacted                 national security agencies, to establish                comment on a number of issues,
                                                the William M. (Mac) Thornberry                         and make public government-wide                         including whether FinCEN should
                                                National Defense Authorization Act for                  AML/CFT priorities (AML/CFT                             define an effective and reasonably
                                                Fiscal Year 2021 (FY21 NDAA), of                        Priorities). After consultation with the                designed AML program as one that: (1)
                                                which the AML Act was a component.13                    Federal functional regulators and                       identifies, assesses, and reasonably
                                                With the passage of the AML Act,                        relevant State financial regulators, the                mitigates the risks resulting from illicit
                                                  8 31 U.S.C. 5318(h)(1), as added by section
                                                                                                                                                                financial activity, including terrorist
                                                1517(b) of the Annunzio-Wylie Anti-Money
                                                                                                           14 Congress noted in its Joint Explanatory           financing, money laundering, and other
                                                Laundering Act, Public Law 102–550 (Oct. 28,
                                                                                                        Statement of the Committee of Conference                related financial crimes, consistent with
                                                                                                        accompanying the FY21 NDAA that: ‘‘the current          both the institution’s risk profile and the
                                                1992). FinCEN notes the proposed rule sequences
                                                                                                        [AML/CFT] regulatory framework is an
                                                these AML/CFT program components—the four
                                                                                                        amalgamation of statutes and regulations that are       risks communicated by relevant
                                                pillars—in the order of the existing AML program                                                                government authorities as national AML
                                                                                                        grounded in the [BSA], which the Congress enacted
                                                rule for banks, rather than the order used in 31
                                                                                                        in 1970. This decades-old regime, which has not
                                                U.S.C. 5318(h)(1): namely, (i) a system of internal
                                                                                                        seen comprehensive reform and modernization                17 See FinCEN, AML/CFT Priorities (June 30,
                                                controls to assure ongoing compliance; (ii)
                                                                                                        since its inception, is generally built on individual   2021). As required by 31 U.S.C. 5318(h)(4)(C), the
                                                independent testing for compliance to be conducted      reporting mechanisms (i.e., currency transaction
                                                by bank personnel or by an outside party; (iii)                                                                 AML/CFT Priorities are consistent with Treasury’s
                                                                                                        reports (CTRs) and SARs) and contemplates aging,        National Strategy for Combating Terrorist and Other
                                                designation of an individual or individuals             decades-old technology, rather than the current,
                                                responsible for coordinating and monitoring day-to-                                                             Illicit Financing (May 16, 2024) and supported by
                                                                                                        sophisticated AML compliance systems now                Treasury’s National Risk Assessments on Money
                                                day compliance; and (iv) training for appropriate       managed by most financial institutions.’’ Congress
                                                personnel. See 31 CFR 1020.210(a)(2). FinCEN,                                                                   Laundering, Terrorist Financing, and Proliferation
                                                                                                        further stated that the AML Act ‘‘comprehensively       Financing. See U.S. Department of the Treasury,
                                                however, does not intend the change in sequencing       update[s] the BSA for the first time in decades and
                                                to modify or signify changes in any substantive                                                                 2026 National Money Laundering Risk Assessment
                                                                                                        provide[s] for the establishment of a coherent set of   (March 2026), https://home.treasury.gov/system/
                                                requirements.                                           risk-based priorities.’’ Among other objectives,
                                                  9 31 U.S.C. 5312(a)(2)(E) and 31 U.S.C. 5312(c), as                                                           files/246/2026-NMLRA.pdf; 2026 National Terrorist
                                                                                                        Congress intended for the AML Act to require            Financing Risk Assessment (March 2026), https://
                                                added by section 321 of the USA PATRIOT Act,            ‘‘more routine and systemic coordination,               home.treasury.gov/system/files/246/2026-
                                                Public Law 107–56, 115 Stat. 272 (Oct. 26, 2001).       communication, and feedback among financial
                                                  10 31 U.S.C. 5318(h), as added by section 352 of
                                                                                                                                                                NTFRA.pdf; 2026 National Proliferation Financing
                                                                                                        institutions, regulators, and law enforcement to        Risk Assessment (March 2026), https://
                                                the USA PATRIOT Act, Public Law 107–56, 115             identify suspicious financial activities, better        home.treasury.gov/system/files/246/2026-

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                                                Stat. 272 (Oct. 26, 2001).                              focusing bank resources to the AML task, which          NPFRA.pdf. As also required by 31 U.S.C.
                                                  11 31 U.S.C. 5318(a)(2), (h)(1), (h)(2); supra note   will increase the likelihood for better law             5318(h)(4)(B), the Secretary, in consultation with
                                                5                                                       enforcement outcomes.’’ H.R. Rep. No. 6395 (2020)       the Attorney General, Federal functional regulators,
                                                  12 See FinCEN, Customer Due Diligence                 at pp. 731–732 (Joint Explanatory Statement of the      relevant State financial regulators, and relevant
                                                Requirements for Financial Institutions, 81 FR          Committee of Conference).                               national security agencies, must update the AML/
                                                29398 (May 11, 2016).                                      15 H.R. Rep. No. 6395 (2020) at pp. 731–732 (Joint   CFT Priorities not less frequently than once every
                                                  13 William M. (Mac) Thornberry National Defense       Explanatory Statement of the Committee of               four years.
                                                Authorization Act for Fiscal Year 2021, Public Law      Conference).                                               18 FinCEN, Anti-Money Laundering Program

                                                116–283, 134 Stat. 3388 (Jan. 1, 2021).                    16 15 U.S.C. 6809(2).                                Effectiveness, 85 FR 58023 (Sept. 17, 2020).

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                                                18706                     Federal Register / Vol. 91, No. 69 / Friday, April 10, 2026 / Proposed Rules

                                                priorities; (2) assures and monitors                    under section 6101(b) of the AML Act.                  overseen by the financial institution’s
                                                compliance with the recordkeeping and                   Additionally, on August 9, 2024, the                   board of directors (board) or equivalent
                                                reporting requirements of the BSA; and                  Office of the Comptroller of the                       governing body and would have made
                                                (3) provides information with a high                    Currency (OCC), the Board of Governors                 AML/CFT program approval and
                                                degree of usefulness to government                      of the Federal Reserve System (FRB), the               oversight requirements consistent across
                                                authorities consistent with both the                    Federal Deposit Insurance Corporation                  financial institution types. Furthermore,
                                                financial institution’s risk assessment                 (FDIC), and the National Credit Union                  the 2024 Program NPRM reflected the
                                                and the risks communicated by relevant                  Administration (NCUA) (collectively,                   requirement in the BSA, as amended by
                                                government authorities as national AML                  the ‘‘Agencies’’) 22 issued an NPRM                    the AML Act, that the duty to establish,
                                                priorities.19                                           proposing amendments to their                          maintain, and enforce a financial
                                                   Additionally, the Effectiveness                      respective AML program rules                           institution’s AML/CFT program shall
                                                ANPRM sought comment on whether                         applicable to the financial institutions               remain the responsibility of, and be
                                                FinCEN should amend its regulations to                  they regulate.23                                       performed by, persons in the United
                                                explicitly require financial institutions                  The 2024 Program NPRM proposed                      States who are accessible to, and subject
                                                to implement risk assessment processes                  that financial institutions establish                  to oversight and supervision by, the
                                                and whether FinCEN should publish                       AML/CFT programs that would include,                   Secretary and the appropriate Federal
                                                AML priorities that financial                           at minimum, the following components:                  functional regulator.
                                                institutions would incorporate into their               (1) a risk assessment process; (2)                        FinCEN does not intend to finalize the
                                                risk assessments.20 Congress enacted the                reasonable management and mitigation                   2024 Program NPRM, and it should be
                                                AML Act shortly after FinCEN received                   of illicit finance risks through internal              considered withdrawn and superseded
                                                comments on the Effectiveness ANPRM.                    policies, procedures, and controls; (3) a              by this proposed rule.
                                                As a result, many of the Effectiveness                  qualified AML/CFT officer; (4) an
                                                ANPRM’s proposals have been                                                                                    2. Comments FinCEN Received on the
                                                                                                        ongoing employee training program; (5)
                                                superseded by statutory amendments.                                                                            2024 Program NPRM
                                                                                                        independent, periodic testing conducted
                                                   FinCEN received 111 comments in                      by qualified personnel of the financial                   In response to the 2024 Program
                                                response to the Effectiveness ANPRM,                    institution or by a qualified outside                  NPRM, FinCEN received 86 comments
                                                many of which generally supported the                   party; and (6) other requirements (such                from the public. Submissions came from
                                                goals underlying the ANPRM. Some                        as customer due diligence) depending                   a broad array of individuals and
                                                comments covered specific topics that                   on the type of financial institution.                  organizations, including members of
                                                would later be addressed in section                        The 2024 Program NPRM further                       Congress, the financial industry and
                                                6101 of the AML Act and that are                        proposed that financial institutions                   related trade associations, groups
                                                related to the proposed rule. For                       would be expected to base their AML/                   representing small business interests,
                                                example, many commenters supported                      CFT program on the results of a risk                   corporate transparency advocacy
                                                the Effectiveness ANPRM’s concepts of                   assessment process. The risk assessment                groups, regulatory associations, legal
                                                effective and reasonably designed AML                   process would identify, evaluate, and                  associations, and other interested
                                                programs. Commenters further noted                      document a financial institution’s ML/                 groups and individuals.
                                                that prioritizing and allocating resources              TF risks, taking into account the                         A small number of commenters
                                                can be challenging if there is regulatory               following considerations: (1) the AML/                 expressed support for the 2024 Program
                                                ambiguity or if examiner expectations                   CFT Priorities issued by FinCEN, as                    NPRM’s effort to modernize and
                                                are unclear or inconsistent, and that                   appropriate; (2) the ML/TF risks of the                strengthen AML/CFT programs in line
                                                requirements for effective and                          financial institution based on the                     with the reform goals of the AML Act.
                                                reasonably designed programs should be                  institution’s business activities,                     Some supporters of the 2024 Program
                                                tailored based on a financial                           including products, services,                          NPRM agreed with its emphasis on
                                                institution’s size, activities, or other                distribution channels, customers,                      ‘‘effective, risk-based, and reasonably
                                                characteristics. Finally, commenters                    intermediaries, and geographic                         designed’’ AML/CFT programs that
                                                expressed widespread concern about                      locations; and (3) reports filed by the                would promote ‘‘effectiveness,
                                                added burden on financial institutions,                 financial institution pursuant to                      efficiency, innovation, and
                                                especially burden related to updating                   FinCEN’s regulations at 31 CFR chapter                 flexibility.’’ 24 Others commended
                                                AML programs to incorporate national                    X. Additionally, the 2024 Program                      FinCEN’s efforts to emphasize the risk-
                                                AML priorities.                                         NPRM provided that financial                           based nature of AML/CFT programs and
                                                C. The 2024 Notice of Proposed                          institutions would have to review and                  provide financial institutions with the
                                                Rulemaking Revising AML Programs                        update their risk assessments on a                     flexibility to provide financial services
                                                                                                        periodic basis, including, at a minimum,               based on their risk profile and capacity
                                                1. Summary of 2024 Program Notice of
                                                                                                        when there are material changes to a                   to manage customer relationships.
                                                Proposed Rulemaking (NPRM)
                                                                                                        financial institution’s illicit finance                   Commenters also expressed concerns
                                                   On July 3, 2024, FinCEN published an                 risks.                                                 with the 2024 Program NPRM, such as
                                                NPRM proposing revisions to AML/CFT                        The 2024 Program NPRM would have                    the proposed program requirements
                                                program requirements (2024 Program                      also required a financial institution’s                being excessively prescriptive and even
                                                NPRM).21 In issuing that proposed rule,                 AML/CFT program to be approved and                     redundant in light of the view that
                                                FinCEN consulted with the Federal                                                                              existing AML/CFT compliance
                                                functional regulators, the Internal                        22 As discussed below, these Federal agencies are
                                                                                                                                                               programs were already intended to be

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                                                Revenue Service (IRS), and relevant                     also known as the Federal Financial Institutions
                                                                                                        Regulatory Agencies (FFIRAs) and proposed
                                                                                                                                                               risk-based. A number of commenters
                                                State financial regulators, as required                 1010.100(ooo) defines these agencies using this        found the proposal to be an additive
                                                                                                        term. However, this preamble uses the term             regulatory imposition that would
                                                  19 85 FR 58026.
                                                                                                        ‘‘Agencies’’ to refer to the FFIRAs.                   increase costs and burdens, particularly
                                                  20 Id.                                                   23 FRB, FDIC, NCUA, and OCC, Anti-Money
                                                  21 FinCEN, Anti-Money Laundering and
                                                                                                                                                               to smaller financial institutions, without
                                                                                                        Laundering and Countering the Financing of
                                                Countering the Financing of Terrorism Programs, 89      Terrorism Program Requirements, 89 FR 65242
                                                FR 55428 (July 3, 2024).                                (Aug. 9, 2024).                                         24 89 FR 55430.

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                                                                          Federal Register / Vol. 91, No. 69 / Friday, April 10, 2026 / Proposed Rules                                           18707

                                                any increase in program effectiveness,                  the AML Act stating that BSA filings                   requested that FinCEN interpret this
                                                efficiency, or innovation.                              should be guided by risk-based                         provision to allow financial institutions
                                                   On behalf of FinCEN, Treasury’s                      compliance programs, rather than the                   to maintain staff and operations in non-
                                                Office of Tribal and Native Affairs                     opposite.26 Commenters also argued                     U.S. jurisdictions so long as the person
                                                (OTNA) also solicited comments and                      that even the idea of making the risk                  with the ‘‘duty to establish, maintain,
                                                conducted Tribal consultations and                      assessment process serve as the basis of               and enforce the AML/CFT program’’ is
                                                coordination with Tribal Nations.                       the AML/CFT program would be too                       located in the United States. Some
                                                OTNA received six comments from                         prescriptive and not correspond to the                 commenters also requested clarification
                                                Tribal representatives during this                      various ways financial institutions                    on how this provision would apply to
                                                process.                                                incorporate these assessments into their               financial institutions with third-party
                                                   Taken together, the comments                         programs. Finally, commenters objected                 service providers located outside the
                                                submitted to the Effectiveness ANPRM                    to the description of a risk assessment                United States.
                                                and 2024 Program NPRM provide                           process as a singular process that
                                                helpful context that FinCEN has                         implied a one-time, annual exercise                       The 2024 Program NPRM also
                                                considered in developing the current                    whereas financial institutions conduct                 proposed requiring that a financial
                                                NPRM.                                                   numerous and often continuous risk                     institution’s board or an equivalent
                                                                                                        assessments throughout the year.                       governing body approve and provide
                                                i. Risk-Based Resource Allocation                                                                              oversight of AML/CFT programs.29
                                                   The 2024 Program NPRM proposed a                     iii. ‘‘Effective, Risk-Based, and                      Commenters generally expressed
                                                formulation of risk-based resource                      Reasonably Designed’’ AML/CFT                          reservations about the board approval
                                                allocation as follows: ‘‘an effective, risk-            Programs                                               and oversight provision of the NPRM.
                                                based, and reasonably designed AML/                        Commenters generally appreciated                    Some credit union commenters
                                                CFT program focuses attention and                       FinCEN’s inclusion of the concept of                   expressed concern that the requirement
                                                resources in a manner consistent with                   ‘‘effective, risk-based, and reasonably                would impose significant new burdens
                                                the bank’s risk profile that takes into                 designed’’ AML/CFT programs, but                       on boards and noted that many credit
                                                account higher risk and lower-risk                      sought additional guidance on the                      union boards are volunteers.
                                                customers and activities.’’ 25                          meaning of these terms. Some                           Commenters representing Native Tribes
                                                Commenters criticized this formulation                  commenters requested that FinCEN                       were most critical of the board oversight
                                                of risk-based resource allocation in the                adopt specific regulatory definitions of               and approval requirement because of
                                                NPRM and generally stated that this                     these terms, while others requested                    the potential impact on Tribal casinos
                                                framing would not sufficiently enable                   principles or examples to clarify how                  and Tribal Councils. Several of these
                                                financial institutions to reallocate                    FinCEN understands them. Several                       commenters stated that many Tribal
                                                resources in the manner intended by the                 commenters urged that the final rule                   gaming entities are not operated under
                                                AML Act by allowing financial                           clarify that an ‘‘effective, risk-based, and           the authority of a business board.
                                                institutions to direct more resources                   reasonably designed’’ program does not                 Commenters expressed concern that the
                                                toward higher-risk customers and                        mean one that is ‘‘perfect’’ and                       proposed rule may require Tribal
                                                activity rather than lower-risk customers               completely prevents financial crime.                   Councils to approve and provide
                                                and activity, leaving open the concern                                                                         oversight of the AML/CFT program
                                                                                                        iv. Other Provisions of the 2024 NPRM
                                                that examiners may penalize financial                                                                          adopted by the casino, detracting from
                                                institutions for doing so. Commenters                      Proposed § 1020.210(c) of the 2024                  other responsibilities of the Tribal
                                                strongly recommended that FinCEN                        Program NPRM provided that ‘‘[t]he                     Council.
                                                adopt the statutory language from the                   duty to establish, maintain, and enforce
                                                AML Act concerning risk-based                           the AML/CFT program must remain the                    v. Effective Date
                                                resource allocation. No commenters                      responsibility of, and be performed by,
                                                                                                        persons in the United States who are                      The 2024 Program NPRM proposed
                                                expressed support for the 2024 Program
                                                NPRM formulation.                                       accessible to, and subject to oversight                that financial institutions would have
                                                                                                        and supervision by, FinCEN and the                     six months from the date of issuance of
                                                ii. The Risk Assessment Process                         appropriate Federal functional                         the final rule to comply with its
                                                   Commenters to the 2024 Program                       regulator,’’ 27 pursuant to the statutory              requirements. A large number of
                                                NPRM were critical of the proposed risk                 requirement set forth in section 6101 of               commenters reacted negatively to the
                                                assessment process. Commenters                          the AML Act.28 Many commenters                         six-month implementation period in the
                                                generally supported the idea of a risk                  discussed this provision. They generally               2024 Program NPRM, and they were
                                                assessment process requirement in the                   stated that an appropriate interpretation              nearly unanimous in requesting
                                                NPRM, as many financial institutions                    of this provision is critical for many                 additional time. Some commenters
                                                already conduct risk assessments.                       financial institutions since many have                 asked for at least one year after issuance
                                                Commenters argued, however, that the                    AML/CFT staff and operations overseas,                 of the final rule to implement the rule,
                                                proposal was insufficiently deferential                 and it would be extremely costly and                   and other commenters requested two or
                                                to existing risk assessment practices and               disruptive to require relocation to the                more years. Some commenters
                                                would impose new compliance costs by                    United States. Many commenters                         representing larger financial institutions
                                                creating an additive ‘‘check-the-box’’                                                                         cited the need for additional time to
                                                exercise for financial institutions that                   26 ‘‘Reports filed under this subsection shall be
                                                                                                                                                               review the final rule, make
                                                                                                        guided by the compliance program of a covered          technological changes or other changes

lotter on DSK8BHNXB4PROD with PROPOSALS4
                                                already conduct risk assessments.                       financial institution with respect to the Bank
                                                Commenters also stated that financial                   Secrecy Act, including the risk assessment             to existing processes, incorporate the
                                                institutions should not be required to                  processes of the covered institution that should       AML/CFT Priorities into their risk
                                                consider BSA reports, including SARs                    include a consideration of priorities established by   assessment processes, reallocate
                                                                                                        the Secretary of the Treasury under section 5318.’’    resources from lower- to higher-risk
                                                and CTRs, as part of their risk                         31 U.S.C. 5318(g)(5)(C), as added by section 6202
                                                assessment process, noting language in                  of the AML Act.                                        areas, and provide training.
                                                                                                           27 89 FR 55485.
                                                  25 89 FR 55436.                                          28 31 U.S.C. 5318(h)(5).                             29 89 FR 55444.

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                                                18708                      Federal Register / Vol. 91, No. 69 / Friday, April 10, 2026 / Proposed Rules

                                                III. BSA Modernization                                  2025, the Agencies, with FinCEN’s                      technical compliance. Furthermore, the
                                                   The Secretary has identified BSA                     concurrence, issued an order permitting                proposed rule for banks would help
                                                reform and modernization as one of                      banks, as part of their CIP obligations,               ensure that supervisory and
                                                Treasury’s top priorities. In an April                  to collect Taxpayer Identification                     enforcement actions related to AML/
                                                2025 speech, the Secretary noted that                   Number information from a third party                  CFT programs are focused on significant
                                                Treasury ‘‘will advocate for changes to                 rather than from the bank’s customer.34                or systemic failures to implement an
                                                the AML/CFT framework to truly focus                    In October 2025, FinCEN and the                        effective AML/CFT program (i.e.,
                                                on national security priorities and                     Agencies issued Frequently Asked                       deficiencies or issues that arise from
                                                higher-risk areas and explicitly permit                 Questions to clarify certain SAR                       failing to implement, in all material
                                                financial institutions to de-prioritize                 obligations to help ensure financial                   respects, a properly established AML/
                                                lower risks.’’ 30 Additionally, the                     institutions are not needlessly                        CFT program). The proposal would also
                                                Secretary has noted that supervision of                 expending resources on efforts that do                 reflect FinCEN’s key role, in accordance
                                                                                                        not provide law enforcement and                        with its statutory authority as the
                                                AML/CFT programs has too often
                                                                                                        national security agencies with the                    administrator of the BSA, in ensuring a
                                                involved a ‘‘zero-tolerance focus on
                                                                                                        critical information they need to detect,              consistent and holistic approach to
                                                process and documentation and wide
                                                                                                        combat, and deter criminal activity.35 In              enforcement and supervision of banks’
                                                latitude for supervisory expectations
                                                                                                        February 2026, FinCEN issued an order                  AML/CFT programs that focuses on
                                                and judgments that are not always
                                                                                                        granting exceptive relief to covered                   program effectiveness rather than mere
                                                consistent with the law or our national
                                                                                                        financial institutions from certain                    technical compliance. The Agencies
                                                security priorities.’’ 31 The Secretary
                                                                                                        requirements under FinCEN’s CDD                        have a long history of coordination with
                                                noted that this proposed rule would
                                                                                                        Rule, supporting a more efficient, risk-               FinCEN in exercising its delegated
                                                ensure that financial institutions’ AML/
                                                                                                        based approach to customer due                         supervisory authority, and FinCEN
                                                CFT programs are focused ‘‘on higher                                                                           views this proposed rule as a way to
                                                value activities [that] will also better                diligence and reducing unnecessary
                                                                                                        regulatory burden without weakening                    further strengthen that relationship to
                                                serve our law enforcement and national                                                                         promote more consistent supervision.
                                                security objectives.’’ 32                               the foundational requirements that
                                                                                                        protect the U.S. financial system.36                   FinCEN believes this enhanced
                                                   In June 2025, Treasury identified its
                                                                                                           In addition to advancing the goals of               coordination in AML/CFT supervision
                                                guiding principles for BSA reform,
                                                                                                        a modernized BSA regulatory and                        and enforcement will support the goals
                                                recognizing the urgent need to
                                                                                                        supervisory regime, Treasury and                       of E.O. 14192.
                                                modernize the implementation of the                                                                               Fulfilling the AML Act’s goals of BSA
                                                AML/CFT regime in the United States                     FinCEN have played a leading role in
                                                                                                        supporting Executive Order (E.O.)                      modernization and reform is a priority
                                                so that it is effective, risk-based, and                                                                       for Treasury and FinCEN, and this
                                                focused on the greatest threats to                      14192, Unleashing Prosperity Through
                                                                                                        Deregulation.37 The E.O. announced an                  proposed rule is a major part of that
                                                financial institutions and national                                                                            effort.
                                                security.33 Treasury’s vision of a                      Administration policy to ‘‘significantly
                                                modernized BSA regulatory and                           reduce the private expenditures                        IV. Overview of the Proposed Rule
                                                supervisory regime is one where                         required to comply with Federal
                                                                                                        regulations to secure America’s                           A central objective of Treasury and
                                                financial institutions:                                                                                        FinCEN’s BSA modernization efforts is
                                                   • comply with AML/CFT laws and                       economic prosperity and national
                                                                                                        security and the highest possible quality              to create an AML/CFT supervisory and
                                                regulations;                                                                                                   regulatory regime that is more effective
                                                   • are examined for the risk-based and                of life for each citizen’’ and ‘‘alleviate
                                                                                                        unnecessary regulatory burdens placed                  in achieving the purposes of the BSA
                                                reasonably designed nature of their                                                                            and promoting better outcomes for law
                                                AML/CFT programs and set of internal                    on the American people.’’ 38 Consistent
                                                                                                        with E.O. 14192, FinCEN is issuing this                enforcement and national security
                                                policies, procedures, and controls;                                                                            agencies.39 This proposed rule would
                                                   • direct more resources to higher-risk               proposed rule to ensure that financial
                                                                                                                                                               further that objective by explicitly
                                                areas rather than to lower-risk areas; and              institutions’ AML/CFT programs are
                                                                                                                                                               defining the requirements for a financial
                                                   • generate highly useful information                 appropriately risk-based, such that
                                                                                                                                                               institution to establish and maintain an
                                                for law enforcement and national                        compliance with their program
                                                                                                        obligations is focused on the goals of the             effective AML/CFT program. It would
                                                security agencies in priority areas                                                                            also adopt into regulations the AML
                                                defined by Treasury.                                    BSA, including combatting and
                                                                                                        preventing ML/TF, rather than mere                     Act’s expectation that AML/CFT
                                                   Treasury and FinCEN, in coordination
                                                                                                                                                               programs should be risk-based,
                                                with the Agencies, have taken a number
                                                                                                           34 FinCEN, FinCEN Permits Banks to Use              including ensuring that financial
                                                of steps to implement this vision of a
                                                                                                        Alternative Collection Method for Obtaining TIN        institutions direct more attention and
                                                modernized BSA regulatory and                           Information (June 27, 2025), https://                  resources toward higher-risk customers
                                                supervisory regime. In June and July                    www.fincen.gov/news/news-releases/fincen-              and activities, consistent with the risk
                                                                                                        permits-banks-use-alternative-collection-method-
                                                   30 U.S. Department of the Treasury, Press Release,   obtaining-tin-information.
                                                                                                                                                               profile of the financial institution, rather
                                                ‘‘Treasury Secretary Scott Bessent Remarks before          35 FinCEN, FinCEN Issues Frequently Asked           than toward lower-risk customers and
                                                the American Bankers Association’’ (Apr. 9, 2025),      Questions to Clarify Suspicious Activity Reporting     activities.40
                                                https://home.treasury.gov/news/press-releases/          Requirements (Oct. 9, 2025), https://                     As noted in the previous section, the
                                                sb0078.                                                 www.fincen.gov/news/news-releases/fincen-issues-       proposed rule would also revise the
                                                   31 U.S. Department of the Treasury, Press Release,   frequently-asked-questions-clarify-suspicious-
                                                ‘‘Remarks by Secretary of the Treasury Scott            activity-reporting.                                    AML/CFT supervisory and examination

lotter on DSK8BHNXB4PROD with PROPOSALS4
                                                Bessent Before the Fed Community Bank                      36 FinCEN, FinCEN Issues Exceptive Relief to        process for banks by enhancing
                                                Conference’’ (Oct. 9, 2025), https://                   Streamline Customer Due Diligence Requirements         FinCEN’s role in the supervision and
                                                home.treasury.gov/news/press-releases/sb0276.           (Feb. 13, 2026), https://www.fincen.gov/system/        enforcement process. In support of this
                                                   32 Id.                                               files/2026-02/FinCEN-Order-CCDExceptiveRelief.
                                                                                                        pdf.
                                                                                                                                                               objective, the proposed rule would
                                                   33 U.S. Department of the Treasury, Press Release,

                                                ‘‘Deputy Secretary Faulkender Lays Out Guiding             37 E.O. 14192, Unleashing Prosperity Through        establish a mechanism in which
                                                Principles for Bank Secrecy Act Modernization’’         Deregulation, 90 FR 9065 (issued Jan. 31, 2025;
                                                                                                        published Feb. 6, 2025).                                39 31 U.S.C. 5311.
                                                (June 18, 2025), https://home.treasury.gov/news/
                                                press-releases/sb0173.                                     38 Id.                                               40 31 U.S.C. 5318(h)(2)(B)(iv)(II).

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                                                                          Federal Register / Vol. 91, No. 69 / Friday, April 10, 2026 / Proposed Rules                                                 18709

                                                FinCEN—as the statutory administrator                   and private benefit. The proposed rule                 facilitate financial transactions that
                                                of the BSA—has an opportunity to                        reflects this in several ways—especially               simultaneously prevent criminal
                                                review and provide feedback to the                      in how it endeavors to avoid imposing                  persons from abusing formal or informal
                                                Agencies prior to a significant                         unnecessary regulatory burdens and                     financial services networks.
                                                supervisory action. This change will                    ensuring that financial institutions are                  The proposed rule would also provide
                                                promote consistent approaches to AML/                   able to tailor their AML/CFT programs                  financial institutions with the ability to
                                                CFT supervision and better outcomes                     to their risk profiles. In this way,                   modernize their AML/CFT programs
                                                for both banks and the law enforcement                  FinCEN seeks to ensure that financial                  and to responsibly innovate while still
                                                and national security agencies that                     institutions are not required to expend                managing ML/TF risks, as the financial
                                                depend upon those financial                             private compliance funds without                       services industry continues to innovate
                                                institutions’ critical BSA reporting.                   meaningful benefit to both the public                  over time. Consistent with previous
                                                                                                        and their own operations.                              guidance,42 FinCEN encourages
                                                A. Factors Rhat FinCEN Considered                          Second, section 5318(h)(2)(B)(ii)                   financial institutions to manage
                                                Pursuant to Section 6101(b)(2)(B) of the                requires FinCEN to consider the                        customer relationships on a case-by-case
                                                AML Act (31 U.S.C. 5318(h)(2)(B))                       extension of financial services to the                 basis, and the proposed rule would
                                                   Section 6101(b)(2)(B)(ii) of the AML                 underbanked and the facilitation of                    provide financial institutions with the
                                                Act (codified at 31 U.S.C. 5318(h)(2)(B))               financial transactions, including                      framework to make such evaluations
                                                requires FinCEN to take into account                    remittances, while preventing criminal                 and provide financial services
                                                certain factors when prescribing                        persons from abusing formal or informal                accordingly, without broad de-risking
                                                minimum AML/CFT program standards:                      financial services networks. Through its               that can result in debanking that may
                                                   (i) Financial institutions are spending              emphasis on risk-based AML/CFT                         increase the use of financial services
                                                private compliance funds for a public                   programs, the proposed rule seeks to                   that exist outside of the regulated
                                                and private benefit, including protecting               provide financial institutions with the                financial system and complicate efforts
                                                the United States financial system from                 flexibility to serve a broad range of                  to detect and deter illicit finance.
                                                illicit finance risks.                                  customers and avoid one-size-fits-all                  FinCEN believes that effective AML/
                                                   (ii) The extension of financial services             approaches to customer risk that can                   CFT programs are an important
                                                to the underbanked and the facilitation                 lead to financial institutions declining               component in mitigating the effects of
                                                of financial transactions, including                    to provide financial services to entire                de-banking to national security and law
                                                remittances, coming from the United                     categories of customers. The proposed                  enforcement interests.
                                                States and abroad in ways that                          rule would help ensure that decisions                     Third, as stated in 31 U.S.C.
                                                simultaneously prevent criminal                         taken by financial institutions with                   5318(h)(2)(B)(iii), effective AML/CFT
                                                persons from abusing formal or informal                 respect to closing customer accounts are               programs safeguard national security
                                                financial services networks are key                     based on legitimate ML/TF risks and                    and generate significant public benefits
                                                policy goals of the United States.                      informed by relevant facts and                         by preventing the flow of illicit funds in
                                                   (iii) Effective anti-money laundering                circumstances. The proposed rule is                    the financial system and by assisting
                                                and countering the financing of                         intended to mitigate the risks of                      law enforcement and national security
                                                terrorism programs safeguard national                   financial institutions potentially being               agencies with the identification and
                                                security and generate significant public                inappropriately pressured into closing                 prosecution of persons attempting to
                                                benefits by preventing the flow of illicit              customer accounts by emphasizing the                   launder money or undertake other illicit
                                                funds in the financial system and by                    risk-based nature of AML/CFT                           activity through the financial system.43
                                                assisting law enforcement and national                  programs. In doing so, the proposed rule               The proposed rule would advance the
                                                security agencies with the identification               also furthers the objectives of E.O.                   BSA modernization and reform goals of
                                                and prosecution of persons attempting                   14331, Guaranteeing Fair Banking for                   the AML Act by providing financial
                                                to launder money and undertake other                    All Americans, which seeks to combat                   institutions and their regulators with
                                                illicit activity through the financial                  ‘‘politicized or unlawful debanking.’’ 41              clarity about the requirements to have
                                                system.                                                    Moreover, by establishing a risk-based              effective AML/CFT programs.
                                                   (iv) Anti-money laundering and                       AML/CFT program that takes into                           Likewise, 31 U.S.C.
                                                countering the financing of terrorism                   account a financial institution’s specific             5318(h)(2)(B)(iv)(I) provides that AML/
                                                programs . . . should be—                               business activities, the proposed rule                 CFT programs should be ‘‘reasonably
                                                   (I) reasonably designed to assure and                will enable financial institutions to                  designed to assure and monitor
                                                monitor compliance with the                             avoid debanking customers and extend                   compliance’’ with the BSA and its
                                                requirements of this subchapter and                     financial services based on a financial                implementing regulations and be risk-
                                                regulations promulgated under this                      institution’s evaluation of the ML/TF                  based. As described in more detail in
                                                subchapter; and                                         risks and the financial institution’s                  section IV, the proposed rule advances
                                                   (II) risk-based, including ensuring that             ability to manage those risks and                      these objectives by explicitly requiring
                                                more attention and resources of                         customer relationships, among other                    financial institutions to have effective
                                                financial institutions should be directed               considerations. This flexibility would                 AML/CFT programs and by describing
                                                toward higher-risk customers and                        allow such financial institutions to                   the minimum components for an AML/
                                                activities, consistent with the risk                    respond to changing circumstances and                  CFT program to be effective.
                                                profile of a financial institution, rather              evolving risk profiles, including through              Specifically, as part of an effective
                                                than toward lower-risk customers and                    the use of emerging technologies that                  AML/CFT program, the proposed rule

lotter on DSK8BHNXB4PROD with PROPOSALS4
                                                activities.                                             support transparency and preserve
                                                   FinCEN has considered all of these                   privacy, which may deter debanking                       42 See FRB, FDIC, FinCEN, NCUA, and OCC, Joint

                                                factors in developing this proposed rule.               and enable financial institutions to                   Statement on the Risk-Based Approach to Assessing
                                                   First, as required by 31 U.S.C.                                                                             Customer Relationships and Conducting Customer
                                                                                                        reach underbanked individuals and                      Due Diligence (July 6, 2022), https://
                                                5318(h)(2)(B)(i), FinCEN has considered
                                                                                                                                                               www.fincen.gov/news/news-releases/joint-
                                                that, through their AML/CFT programs,                     41 E.O. 14331, Guaranteeing Fair Banking for All     statement-risk-based-approach-assessing-customer-
                                                financial institutions are spending                     Americans, 90 FR 38925 (issued Aug. 7, 2025;           relationships-and.
                                                private compliance funds for a public                   published Aug. 12, 2025).                                43 31 U.S.C. 5318(h)(2)(B)(iii).

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                                                18710                     Federal Register / Vol. 91, No. 69 / Friday, April 10, 2026 / Proposed Rules

                                                requires that a financial institution                   controls must also be reasonably                       AML/CFT program) would warrant an
                                                establish and maintain a risk-based set                 designed to: (1) identify, assess, and                 ‘‘AML/CFT enforcement action’’ or a
                                                of internal policies, procedures, and                   document the financial institution’s                   ‘‘significant AML/CFT supervisory
                                                controls that is reasonably designed to                 ML/TF risks through risk assessment                    action,’’ as these terms are defined in
                                                ensure compliance with the BSA and                      processes that evaluate the risks of the               the proposed rule. In this way, the
                                                FinCEN’s regulations.                                   institution’s business activities, review              proposed rule is intended to clarify and
                                                   The internal policies, procedures, and               and, as appropriate, incorporate the                   reinforce a supervisory and enforcement
                                                controls requirement in the proposed                    AML/CFT Priorities, and are updated                    focus on addressing significant or
                                                rule also demonstrates FinCEN’s                         promptly upon any change that the                      systemic failures to implement an
                                                consideration of 31 U.S.C.                              financial institution knows or has                     effective AML/CFT program, rather than
                                                5318(h)(2)(B)(iv)(II), which states that                reason to know significantly changes the               on isolated, technical, or immaterial
                                                AML/CFT programs should be risk-                        institution’s ML/TF risks; (2) mitigate                implementation issues.44
                                                based, including ensuring that more                     the financial institution’s ML/TF risks,
                                                attention and resources of financial                                                                              Importantly, under the proposed
                                                                                                        consistent with the financial
                                                institutions should be directed toward                                                                         regulations, having an effective AML/
                                                                                                        institution’s risk assessment processes;
                                                higher-risk customers and activities,                                                                          CFT program would be more than a one-
                                                                                                        and, for certain financial institutions, (3)
                                                consistent with a financial institution’s                                                                      time adoption of a risk-based set of
                                                                                                        conduct ongoing customer due
                                                risk profile, rather than toward lower-                 diligence.                                             internal policies, procedures, and
                                                risk customers and activities. While                       The proposed rule would also require                controls. Rather, a financial institution
                                                FinCEN has previously expected                          a financial institution to establish an                would be required to keep its risk-based
                                                financial institutions to adopt risk-based              ongoing employee training program and                  set of internal policies, procedures, and
                                                AML/CFT programs, the proposed rule                     independent AML/CFT program testing                    controls—and the risk assessment
                                                incorporates this directive by explicitly               as part of its AML/CFT program.                        processes that inform them—current as
                                                requiring, as part of an institution’s risk-            Finally, the proposed rule would                       the financial institution’s risk profile
                                                based set of internal policies,                         require a financial institution to                     changes. For example, while a financial
                                                procedures, and controls, that an                       designate an individual responsible for                institution’s risk-based set of internal
                                                institution identify, assess, and                       establishing and implementing the                      policies, procedures, and controls may,
                                                document its ML/TF risks through risk                   AML/CFT program and coordinating                       at one time, have been reasonably
                                                assessment processes. These risk                        and monitoring day-to-day compliance;                  designed, they may no longer be
                                                assessment processes require a financial                that individual would be required to be                reasonably designed given changes to
                                                institution to evaluate ML/TF risks and                 located in the United States and                       the financial institution’s risk profile.
                                                review and, as appropriate, incorporate                 accessible to, and subject to oversight                Similarly, an effective AML/CFT
                                                the AML/CFT Priorities, with updates to                 and supervision by, FinCEN and its                     program would involve more than a
                                                risk assessment processes promptly                      designee, including the appropriate                    one-time creation of an employee
                                                upon any change that the financial                      Federal functional regulator.                          training program or initiation of an
                                                institution knows or has reason to know                    Under the proposed rule, in addition                independent testing mechanism: the
                                                significantly changes the financial                     to establishing an AML/CFT program,                    financial institution would also be
                                                institution’s ML/TF risks. These risk                   the financial institution would be                     required to keep such aspects of the
                                                assessment processes are designed to                    required to maintain that program by                   AML/CFT program current as the
                                                help financial institutions mitigate ML/                implementing, in all material respects,                financial institution’s risk profile
                                                TF risks and ensure that they are                       its established AML/CFT program. By                    changes. Thus, even where a financial
                                                allocating resources commensurate with                  structuring the requirement to have an                 institution has previously established an
                                                their documented ML/TF risks,                           effective AML/CFT program as distinct                  AML/CFT program in accordance with
                                                directing more attention and resources                  obligations to establish and maintain                  the proposed rule, a failure to update
                                                toward higher-risk customers rather                     (via implementation) an AML/CFT                        the program to reflect significant
                                                than toward lower-risk customers and                    program, the proposed rule is intended                 changes to the institution’s risk profile
                                                activities.                                             to clarify and reinforce the distinction               may result in the program no longer
                                                                                                        between failures to establish an AML/                  meeting the program establishment
                                                B. Proposed Rule                                        CFT program and failures to implement                  requirements, and the financial
                                                   As noted above, the proposed rule                    a properly established program.                        institution may accordingly be subject
                                                would require financial institutions to                    The distinction between establishing                to supervisory or enforcement action for
                                                establish and maintain effective AML/                   a program and implementing a program                   a failure to establish an effective AML/
                                                CFT programs and define the                             is particularly important under the                    CFT program.
                                                requirements for doing so. In order for                 proposed rule for potential supervisory                   The proposed rule would provide
                                                an AML/CFT program to be effective,                     and enforcement actions. The proposed                  FinCEN with a greater role in the
                                                the proposed rule would require a                       rule would not limit enforcement or
                                                                                                                                                               supervisory process with respect to
                                                financial institution to establish an                   supervisory actions for failures to
                                                                                                                                                               banks and the relevant Agency. To
                                                AML/CFT program and then maintain                       establish an AML/CFT program.
                                                                                                                                                               better ensure that bank examiners are
                                                the AML/CFT program by                                  However, with respect to banks, once a
                                                                                                                                                               performing ‘‘risk focused’’ supervision,
                                                implementing, in all material respects,                 bank has properly established an AML/
                                                                                                                                                               the proposed rule would require that the
                                                the established AML/CFT program.                        CFT program, the proposed rule would
                                                                                                                                                               Agencies, when acting under

lotter on DSK8BHNXB4PROD with PROPOSALS4
                                                   As described in more detail in section               raise the threshold for significant
                                                                                                                                                               supervisory authority delegated by
                                                V.D., a financial institution would be                  actions based solely on implementation
                                                                                                                                                               FinCEN, consult with FinCEN prior to
                                                required to establish a risk-based set of               deficiencies so only significant or
                                                                                                                                                               taking a significant AML/CFT
                                                internal policies, procedures, and                      systemic failures by a bank to
                                                controls that is reasonably designed to                 implement an effective AML/CFT                           44 FinCEN, FinCEN Statement on Enforcement of
                                                ensure compliance with the BSA and 31                   program (i.e., deficiencies or issues that             the Bank Secrecy Act (Aug. 18, 2020), https://
                                                CFR chapter X. The risk-based set of                    arise from failing to implement, in all                www.fincen.gov/news/news-releases/fincen-
                                                internal policies, procedures, and                      material respects, a properly established              statement-enforcement-bank-secrecy-act.

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                                                                          Federal Register / Vol. 91, No. 69 / Friday, April 10, 2026 / Proposed Rules                                                     18711

                                                supervisory action.45 FinCEN would                      government; thus, financial institutions               ‘‘establish,’’ ‘‘maintain,’’ and
                                                require the Agencies, when acting                       are best positioned to identify and                    ‘‘implement’’ an effective AML/CFT
                                                pursuant to FinCEN’s delegated                          evaluate their ML/TF risks. Financial                  program. Section V.D describes the
                                                authority, to provide FinCEN written                    institutions should therefore, and would               components of program establishment,
                                                notice at least 30 days prior to taking                 under this proposed rule, have                         including: (1) internal policies,
                                                such an action. FinCEN would have an                    significant flexibility and discretion in              procedures, and controls (including risk
                                                opportunity to review the action and the                their decisions and determinations                     assessment processes); (2) independent
                                                underlying information giving rise to it,               related to risk identification and                     program testing; (3) an individual,
                                                and the Agencies would be required to                   resource allocation. However, examiners                located in the United States and
                                                consider any input offered by FinCEN                    would be expected to assess whether:                   accessible to FinCEN and the
                                                concerning the effectiveness of the                     (1) a financial institution’s resource                 appropriate Federal functional
                                                bank’s AML/CFT program.46                               allocation decisions are informed by,                  regulator, responsible for establishing
                                                   By explicitly defining the                           and consistent with, reasonably                        and maintaining the program, and
                                                requirements for an institution to                      designed risk assessment processes; and                coordinating and monitoring day-to-day
                                                establish and maintain an effective                     (2) with respect to implementation,                    compliance; and (4) ongoing employee
                                                AML/CFT program, and by                                 specifically, whether the financial                    training. Section V.E discusses the
                                                standardizing the AML/CFT supervision                   institution knows or should know of                    requirements that the AML/CFT
                                                and enforcement process for banks and                   resource-related issues involving its                  program be written, accessible, and
                                                the Agencies, the proposed rule is                      internal policies, procedures, and                     approved by financial institution
                                                expected to better achieve the purposes                 controls that may result in the financial              leadership. Section V.F addresses the
                                                of the BSA and lead to better outcomes                  institution failing to implement its                   supervision and enforcement section of
                                                for financial institutions, law                         AML/CFT program in all material                        the proposed rule for banks, and Section
                                                enforcement, and national security                      respects and failing to address such                   V.G describes several technical changes
                                                agencies. Treasury and FinCEN do not                    issues.                                                that the proposal makes to existing AML
                                                intend, however, for the proposed rule                     Similarly, Treasury and FinCEN                      program rules.
                                                to provide permission for financial                     expect a financial institution to be
                                                institutions to establish ‘‘paper                       examined for its implementation of the                 A. Inserting the Term ‘‘CFT’’ Into the
                                                programs’’ that might be interpreted as                 established AML/CFT program in all                     AML Program Rules
                                                meeting the proposed rule’s technical                   material respects. Merely designating an                  Section 6101(b)(2)(A) of the AML Act
                                                requirements on their face but do not                   individual responsible for establishing                amends 31 U.S.C. 5318(h)(1) to
                                                achieve the desired outcomes of more                    and implementing the AML/CFT                           reference ‘‘countering the financing of
                                                effectively and efficiently detecting and               program, and having that individual                    terrorism’’ 47 in addition to ‘‘anti-money
                                                preventing ML/TF activity. To establish                 establish internal policies, procedures,               laundering’’ when describing the
                                                a compliant AML/CFT program under                       and controls, an employee training                     requirement to establish an AML/CFT
                                                the proposed rule, a financial institution              program, and an independent testing                    program. FinCEN proposes to update its
                                                must, among other things, establish a                   program, are not sufficient to satisfy the             regulations in 31 CFR chapter X to
                                                risk-based set of internal policies,                    proposed rule’s obligations for a                      reflect this new statutory language. For
                                                procedures, and controls that is                        financial institution to have an effective             example, the proposed rule would
                                                reasonably designed to ensure                           AML/CFT program. Rather, a financial                   change the title of 31 CFR 1020.210
                                                compliance with the BSA and 31 CFR                      institution would be examined for                      from ‘‘Anti-money laundering program
                                                chapter X, including through the                        whether it has implemented, in all                     requirements for banks’’ to ‘‘Anti-money
                                                adoption of risk assessment processes. A                material respects, its established AML/                laundering/countering the financing of
                                                critical element of this requirement is                 CFT program, including whether the                     terrorism program requirements for
                                                that the financial institution’s internal               financial institution is, in fact,                     banks.’’ Similar changes would apply to
                                                policies, procedures, and controls be                   allocating resources as contemplated in                the titles of the other program rules in
                                                ‘‘reasonably designed.’’ For example, if                its established AML/CFT program,                       chapter X.
                                                a financial institution’s program testing               which the proposed rule would require                     The inclusion of ‘‘CFT’’ in the
                                                reveals that a new customer type or new                 to be consistent with its reasonably                   program rules would not create new
                                                activity is high risk, but the financial                designed risk assessment processes.                    obligations for financial institutions,
                                                institution does not take any action to                 Banks with significant or systemic                     insofar as the USA PATRIOT Act
                                                revise the design of its internal policies,             failures to implement an effective AML/                already requires them to account for
                                                procedures, and controls and therefore                  CFT program may be subject to a                        risks related to terrorist financing.
                                                treats the customer or activity as                      significant supervisory action or                      Accordingly, FinCEN expects any
                                                presenting low risk, then its program                   enforcement action, whereas isolated,                  changes to existing AML/CFT programs
                                                should not be considered reasonably                     technical, or immaterial implementation                from the amendments described in this
                                                designed. Treasury and FinCEN believe                   deficiencies would not be cause for such               subsection to be technical and therefore
                                                that financial institutions know their                  actions.                                               not have any substantive impact on
                                                customer base, businesses, and risks                                                                           financial institutions’ BSA compliance
                                                                                                        V. Section-by-Section Analysis
                                                better than their regulators and the                                                                           obligations.
                                                                                                           This section-by-section analysis
                                                  45 Because FinCEN has not delegated any               describes the specific proposed changes                B. An ‘‘Effective’’ AML/CFT Program

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                                                enforcement authority to the Agencies, the Agencies     to the program rules. Section V.A                        As discussed above in section IV.A, in
                                                have no authority to take an enforcement action         addresses the proposed incorporation of
                                                under 31 CFR chapter X. As a result, there is no
                                                                                                                                                               prescribing the minimum standards for
                                                corresponding rule text related to enforcement          CFT into the program rules. Section V.B
                                                actions by the Agencies acting under authority          discusses the requirements for an                        47 Countering the financing of terrorism (CFT)

                                                provided by FinCEN.                                     ‘‘effective’’ AML/CFT program to                       includes laws, rules, regulations, or other measures
                                                  46 FinCEN anticipates the Agencies imposing a                                                                intended to detect and disrupt the solicitation,
                                                similar consultation requirement on themselves
                                                                                                        comply with the requirements of 31                     collection, or provision of funds to support terrorist
                                                when the Agencies act under other laws, including       U.S.C. 5318(h)(1) and the proposed rule.               acts or terrorist organizations, or other violent
                                                12 U.S.C. 1786 or 1818.                                 Section V.C explains what it means to                  extremist groups.

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                                                18712                       Federal Register / Vol. 91, No. 69 / Friday, April 10, 2026 / Proposed Rules

                                                an AML/CFT program and in                                  government authorities as national AML                     FinCEN encourages financial
                                                supervising and examining compliance                       priorities.50                                           institutions to evaluate whether new
                                                with those standards, the AML Act                             The proposed rule would provide that                 technology or innovative approaches
                                                requires the Secretary and the                             a financial institution has an ‘‘effective’’            might help to more effectively combat
                                                appropriate Federal functional regulator                   program if it (1) is established in                     financial crime. Innovative approaches
                                                to take into account that effective AML/                   accordance with the proposed rule’s                     could involve machine learning,
                                                CFT programs safeguard national                            establishment requirements; and (2) is                  generative artificial intelligence
                                                security and help law enforcement                          maintained, meaning that a properly                     (GenAI), digital identity, blockchain
                                                prevent the flow of illicit funds in the                   established program is implemented in                   monitoring and analytics, or application
                                                financial system.48 Further, the AML                       all material respects.                                  programming interfaces (APIs). These
                                                Act instructs FinCEN to focus on                              One of the AML Act’s key purposes is                 technologies may be especially useful in
                                                                                                           to ‘‘encourage technological innovation                 countering illicit finance activity
                                                achieving effective outcomes rather than
                                                                                                           and the adoption of new technology by                   involving digital assets, an effort for
                                                dictating the processes used to reach
                                                                                                           financial institutions to more effectively              which FinCEN supports financial
                                                those outcomes, an orientation reflected
                                                                                                           counter money laundering and                            institutions’ responsible use of novel
                                                in the proposed rule. Consistent with                      financing of terrorism.’’ 51 Consistent
                                                FinCEN and the Agencies’ longstanding                                                                              models, techniques, or strategies. To
                                                                                                           with this purpose and pursuant to the                   that end, FinCEN encourages financial
                                                expectations regarding what effective                      Executive order on Removing Barriers to                 institutions to review the White House
                                                outcomes entail, FinCEN believes that,                     American Leadership in Artificial                       report on Strengthening American
                                                as a practical matter, it is not possible                  Intelligence, the Winning the Race                      Leadership in Digital Financial
                                                for a financial institution to detect and                  America’s AI Action Plan, and the                       Technology as well as Treasury’s report
                                                report all potentially illicit transactions                Executive order on Ensuring a National                  on Innovative Technologies to Counter
                                                that flow through the institution.49                       Policy Framework for Artificial                         Illicit Finance Involving Digital Assets.55
                                                Similarly, a financial institution’s AML/                  Intelligence, Treasury has undertaken                   This report explores how financial
                                                CFT program can be effective without                       various efforts to research, promote, and               institutions can employ innovative and
                                                preventing every minor instance of a                       take actions that reflect its commitment                novel methods to detect and stop
                                                financial institution falling prey to illicit              to the role of innovation as part of a                  financial crime involving digital assets,
                                                finance misuse. Accordingly, the                           modernized AML/CFT framework.52                         and encourages the responsible use of
                                                proposed rule would set out that an                           Treasury has highlighted the potential               novel tools and techniques that can
                                                AML/CFT program is ‘‘effective’’ and                       for innovative technologies to                          improve the effectiveness of the U.S.
                                                complies with the requirements of 31                       strengthen AML/CFT programs in                          AML/CFT regime.
                                                U.S.C. 5318(h)(1) so long as it is                         various strategies and public                              FinCEN recognizes that adopting new
                                                established and maintained in                              engagements. The 2024 National Illicit                  technologies for BSA compliance may
                                                accordance with applicable                                 Finance Strategy highlighted how                        not be suitable for every financial
                                                requirements.                                              innovative technologies like machine                    institution, particularly smaller ones,
                                                                                                           learning and large language models have                 and the proposed rule therefore does not
                                                   As noted in section II.B and section
                                                                                                           potential to strengthen financial                       reference or require the use of any
                                                II.C, FinCEN has introduced the concept                    institutions’ AML/CFT programs,                         particular technology. A financial
                                                of an ‘‘effective’’ AML/CFT program in                     enabling financial institutions to more                 institution may find it beneficial to
                                                prior rulemakings, and the public has                      rapidly and effectively analyze data to                 consider whether its AML/CFT program
                                                provided valuable feedback on this                         identify patterns, risks, trends, and                   appropriately uses the financial
                                                concept. For example, the Effectiveness                    typologies.53 In addition to discussion                 institution’s existing resources,
                                                ANPRM considered proposing a                               of specific types of and applications for               including technology and data.
                                                definition of an effective and reasonably                  technology, Treasury has expressed                      However, building on longstanding
                                                designed program as one that: (1)                          broad support for exploring areas where                 guidance, FinCEN encourages
                                                identifies, assesses, and reasonably                       AI, blockchain analysis, digital identity,              institutions to engage in responsible
                                                mitigates the risks resulting from illicit                 and other tools can produce a more                      AML/CFT innovation.56 Institutions
                                                financial activity—including terrorist                     efficient and more effective AML/CFT                    that responsibly experiment with
                                                financing, money laundering, and other                     framework.54                                            innovative technologies in their AML/
                                                related financial crimes—consistent                                                                                CFT programs will not incur any
                                                with both the institution’s risk profile                     50 85 FR 58026.
                                                                                                                                                                   additional risk of being subject to a
                                                and the risks communicated by relevant                       51 AML Act, section 6002(3) (Purposes).
                                                                                                                                                                   significant supervisory AML/CFT action
                                                                                                              52 E.O. 14179, Removing Barriers to American
                                                government authorities as national AML                                                                             or AML/CFT enforcement action solely
                                                                                                           Leadership in Artificial Intelligence, 90 FR 8741
                                                priorities; (2) assures and monitors                       (issued Jan. 23, 2025; published Jan. 31, 2025);
                                                compliance with the recordkeeping and                      White House, Winning the Race America’s AI                 55 White House, Strengthening American

                                                reporting requirements of the BSA; and                     Action Plan (July 2025), https://                       Leadership in Digital Financial Technology (July 30,
                                                                                                           www.whitehouse.gov/wp-content/uploads/2025/07/          2025), https://www.whitehouse.gov/wp-content/
                                                (3) provides information with a high                       Americas-AI-Action-Plan.pdf; E.O. 14179, Ensuring       uploads/2025/07/Digital-Assets-Report-
                                                degree of usefulness to government                         a National Policy Framework for Artificial              EO14178.pdf; U.S. Department of the Treasury,
                                                authorities consistent with both the                       Intelligence, 90 FR 58499 (issued Dec. 11, 2025;        Report to Congress from the Secretary of the
                                                institution’s risk assessment and the                      published Dec. 16, 2025).                               Treasury on Innovative Technologies to Counter
                                                                                                              53 U.S. Department of the Treasury, 2024 National    Illicit Finance Involving Digital Assets (Mar. 2026),
                                                risks communicated by relevant
                                                                                                           Strategy for Combating Terrorist and Other Illicit      https://home.treasury.gov/system/files/246/

lotter on DSK8BHNXB4PROD with PROPOSALS4
                                                                                                           Financing (May 2024), https://home.treasury.gov/        GENIUS-Act-Illicit-Finance-Innovation-
                                                  48 See 31 U.S.C. 5318(h)(2)(B)(iii).                     system/files/136/2024-Illicit-Finance-Strategy.pdf.     Congressional-Report-March-2026.pdf.
                                                  49 Federal Financial Institutions Examination               54 U.S. Department of the Treasury, Press Release,      56 FRB, FDIC, FinCEN, NCUA, and OCC, Joint

                                                Council (FFIEC), FFIEC BSA/AML Examination                 ‘‘Remarks by Under Secretary for Terrorism and          Statement on Innovative Efforts to Combat Money
                                                Manual, Assessing Compliance with BSA                      Financial Intelligence John K. Hurley at the            Laundering and Terrorist Financing (Dec. 3, 2018),
                                                Regulatory Requirements—Suspicious Activity                Association of Certified Anti-Money Laundering          https://www.fincen.gov/system/files/2018-12/
                                                Reporting, https://bsaaml.ffiec.gov/manual/                Specialists Assembly Conference’’ (Sept. 17, 2025),     Joint%20Statement%20on%20Innovation
                                                AssessingComplianceWithBSARegulatory                       https://home.treasury.gov/news/press-releases/          %20Statement%20%28Final%2011-30-18%29_
                                                Requirements/04.                                           sb0251.                                                 508.pdf.

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                                                                           Federal Register / Vol. 91, No. 69 / Friday, April 10, 2026 / Proposed Rules                                                    18713

                                                based on the use of innovative                           would set out uniform terms for an                 institution is executing that program in
                                                technologies. To the contrary, FinCEN                    AML/CFT program across FinCEN’s                    practice. This distinction matters,
                                                recognizes that fostering the use of                     regulations for all types of financial             particularly for banks, because proposed
                                                innovative technologies is vital to                      institutions regulated under the BSA               31 CFR 1020.221(b) ties the availability
                                                improving financial crime compliance                     and delineate the requirements that                of AML/CFT enforcement and
                                                and fighting illicit finance and strongly                must be met for financial institutions to          significant supervisory actions based on
                                                encourages their responsible use.                        have an effective AML/CFT program.                 the program rule for an established bank
                                                   In addition to new technology,                        That is, the proposed rule would create            program to a significant or systemic
                                                FinCEN is aware of concerns                              a two-pronged framework under which                failure to implement an effective AML/
                                                surrounding model risk management at                     a financial institution’s AML/CFT                  CFT program. The distinction between
                                                financial institutions. FinCEN has                       program would be deemed to be                      establishing and implementing an AML/
                                                considered comments submitted in                         effective if the financial institution             CFT program is intended to make
                                                response to the 2021 Request for                         establishes and maintains their                    transparent how the individual
                                                Information and Comment: Extent to                       program. Under the proposed rule, a                elements of 31 CFR 1020.210 work
                                                Which Model Risk Management                              financial institution maintains its                together to satisfy 31 U.S.C. 5318(h)(1).
                                                Principles Support Compliance With                       properly established AML/CFT program                  The concepts of program
                                                Bank Secrecy Act/Anti-Money                              by implementing it in all material                 establishment and program maintenance
                                                Laundering and Office of Foreign Assets                  respects.                                          are closely related to the supervision
                                                Control Requirements (RFI).57 FinCEN                                                                        and enforcement provisions of the
                                                                                                         1. Proposed 31 CFR 10XX.210(b)—                    proposed program rule for banks. In
                                                received comments including concerns                     Establishing Versus Maintaining an
                                                that supervisors may expect financial                                                                       particular, as explained in more detail
                                                                                                         AML/CFT Program                                    in section V.F, a bank that has properly
                                                institutions to apply the Supervisory
                                                Guidance on Model Risk Management                           For a financial institution to have an          established an AML/CFT program (i.e.,
                                                (MRMG) to AML/CFT and OFAC-related                       effective AML/CFT program, the                     satisfied the proposed rule’s
                                                policies, procedures, and controls.58                    proposed 31 CFR 10XX.210(b) (‘‘31 CFR requirements regarding establishment)
                                                   While FinCEN has not issued or been                   10XX’’ refers to proposed changes to the will not be subject to an AML/CFT
                                                party to any prior MRMG guidance,                        AML program rules of all eleven                    enforcement action or a significant
                                                FinCEN shares certain concerns                           financial institution types) would                 supervisory action based on the program
                                                articulated in the comments to the RFI                   require a financial institution to                 rule except with respect to a significant
                                                                                                         establish an AML/CFT program and                   or systemic failure to implement an
                                                that these models, which are designed
                                                                                                         then maintain the AML/CFT program by effective AML/CFT program (i.e., a
                                                to assess different types of risks with
                                                                                                         implementing, in all material respects,            failure to implement, in all material
                                                different information input, processing,
                                                                                                         the established AML/CFT program. The respects, a properly established AML/
                                                and reporting components may be
                                                                                                         proposed rule describes the                        CFT program).60
                                                overly burdensome and ill-fitted to
                                                                                                         requirements for a financial institution              Separating program establishment
                                                address illicit finance risks. FinCEN
                                                                                                         to establish and maintain an effective             from program maintenance therefore
                                                welcomes comment on this position and
                                                                                                         AML/CFT program that complies with                 provides needed clarity regarding
                                                intends to work with the Agencies to
                                                                                                         the requirements of 31 U.S.C.                      whether a supervisory concern relates to
                                                address these concerns.
                                                                                                         5318(h)(1). The AML/CFT program                    deficiencies stemming from the
                                                C. Establishing and Maintaining an                       minimum components constituting                    program’s design, on the one hand, or
                                                AML/CFT Program                                          program establishment, and described               failures in the program’s operation, on
                                                  The requirement that financial                         in further detail in section V.D below,            the other. This two-prong framework
                                                                                                         are: (1) internal policies, procedures,            would help promote consistent
                                                institutions establish and maintain an
                                                                                                         and controls (including risk assessment            articulation of supervisory expectations
                                                AML/CFT program is not new, although
                                                                                                         processes); (2) independent program                and prevent conflating criticisms of
                                                over time various formulations of this
                                                                                                         testing; (3) an individual, located in the         program design—the remediation of
                                                requirement have developed in statutes
                                                                                                         United States and accessible to FinCEN             which would likely be different in
                                                and regulations.59 The proposed rule
                                                                                                         and the Agencies, responsible for                  kind—with criticisms of day-to-day
                                                  57 OCC, FRB, FDIC, NCUA, and FinCEN, Request           establishing and maintaining the                   implementation. The proposed
                                                for Information and Comment: Extent to Which             program, and coordinating and                      distinction does not change the
                                                Model Risk Management Principles Support                 monitoring day-to-day compliance; and              substantive obligations of 31 U.S.C.
                                                Compliance With Bank Secrecy Act/Anti-Money              (4) ongoing employee training.                     5318(h)(1); rather, it clarifies how those
                                                Laundering and Office of Foreign Assets Control                                                             obligations map onto the two statutory
                                                Requirements, 86 FR 18978 (Apr. 12, 2021).               ‘‘Establishing’’ an AML/CFT program
                                                  58 FRB and OCC, Supervisory Guidance on Model          involves designing an AML/CFT                      requirements at the core of section
                                                Risk Management, (Apr. 4, 2011), https://                program that incorporates all of the               5318(h)(1): having a risk-based and
                                                www.federalreserve.gov/supervisionreg/srletters/         required components.                               reasonably designed program and
                                                sr1107a1.pdf.                                                                                               adhering to it in operation.
                                                  59 For instance, the provision of the BSA which
                                                                                                         ‘‘Implementation,’’ by contrast,
                                                                                                         addresses whether the financial                       As noted previously, FinCEN intends
                                                requires financial institutions to have AML/CFT
                                                program rules states that ‘‘each financial institution
                                                                                                                                                            for the requirements of this proposed
                                                shall establish ’’(emphasis added) such programs,        CFT programs. For example, some programs rules     rule to not be limited to a one-time
                                                including certain requirements as specified. See 31      use the terms ‘‘implements and maintains’’—31      adoption of the elements required for
                                                U.S.C. 5318(h)(1). The corresponding Federal             CFR 1020.210 (banks); 1021.210 (casinos); 1023.210

lotter on DSK8BHNXB4PROD with PROPOSALS4
                                                                                                                                                            program establishment, such as internal
                                                statute requiring banks regulated by the Federal         (broker-dealers); 1026.210 (FCMs and IBCs) while
                                                banking agencies to have BSA compliance programs         others use the terms ‘‘develop, implement, and
                                                                                                                                                            policies, procedures, and controls.
                                                states that these banks must ‘‘establish and             maintain,’’ 1022.210 (MSBs) and others use         Rather, FinCEN intends a financial
                                                maintain procedures reasonably designed to assure        ‘‘develop and implement’’ 1024.210 (mutual funds);
                                                and monitor the compliance’’ with the requirements       1025.210 (insurance companies); 1027.210                60 The proposed rule would clarify that this
                                                of the BSA. 12 U.S.C. 1818(s)(1). In addition, the       (DPMSJs); 1028.210 (operators of credit card          limitation on AML/CFT enforcement actions and
                                                current program rules regulating financial               systems); 1029.210 (loan or finance companies); and   significant AML/CFT supervisory actions does not
                                                institutions use inconsistent terms to describe          1030.210 (housing GSEs)—with respect to the           apply with respect to a failure to properly establish
                                                establishing, implementing, and maintaining AML/         general AML program requirement.                      an AML/CFT program.

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                                                18714                     Federal Register / Vol. 91, No. 69 / Friday, April 10, 2026 / Proposed Rules

                                                institution’s establishment of its AML/                 weaknesses in the risk assessment                      impose internal policies, procedures,
                                                CFT program to require the financial                    processes that have a material impact on               and controls requirements to ensure
                                                institution’s risk-based set of internal                the financial institution’s mitigation of              compliance, but with differing
                                                policies, procedures, and controls—and                  ML/TF risks through its internal                       formulations. The proposed rule would
                                                the risk assessment processes that                      policies, procedures, and controls,                    standardize these requirements for
                                                inform them—to remain current as the                    including due to data-related issues                   financial institutions required to comply
                                                financial institution’s risk profile                    involving relevant processes and                       with FinCEN’s program rules to
                                                changes. For example, if a financial                    systems.                                               establish a risk-based set of internal
                                                institution begins providing a new                         Similarly, FinCEN expects that a                    policies, procedures, and controls in
                                                product or service—or changes how it                    financial institution could become                     their AML/CFT programs.
                                                provides an existing product or services,               aware of such implementation-related
                                                                                                        concerns through a variety of                             Proposed 31 CFR 10XX.210(b)(1)
                                                such as operating in a new geographic
                                                                                                        mechanisms, including, but not limited                 provides that a financial institution’s
                                                location—under this proposed rule, a
                                                financial institution would need to                     to: (1) independent testing of the AML/                risk-based set of internal policies,
                                                incorporate its new product or service                  CFT program; (2) examiner                              procedures, and controls must be
                                                as part of its risk assessment processes.               observations, suggestions, or other                    reasonably designed to: (1) identify,
                                                The proposed rule would require a                       informal comments about the AML/CFT                    assess, and document ML/TF risks
                                                financial institution to make a risk                    program from FinCEN (or its designee,                  through risk assessment processes; (2)
                                                determination and, as appropriate,                      such as a Federal functional regulator);               mitigate ML/TF risks consistent with
                                                redesign its internal policies,                         (3) management information systems                     the risk assessment processes, including
                                                procedures, and controls to account for                 and related reports or other outputs                   by allocating more attention and
                                                the risks that it did not previously                    (e.g., key performance indicators or key               resources toward higher-risk customers
                                                encounter prior to offering the new                     risk indicators, such as monitoring for                and activities rather than toward lower-
                                                product or service, or operating in the                 potentially material backlogs in relevant              risk customers and activities; and, for
                                                new geographic location. Thus, under                    AML/CFT processes); and (4) issues                     certain financial institutions (3) conduct
                                                the proposed rule, even where a                         identified by personnel involved in the                ongoing CDD. The preamble addresses
                                                financial institution has previously                    operation of the financial institution’s               each of these features below.
                                                established an AML/CFT program in                       AML/CFT program. A bank that fails to                     Under this proposal, a financial
                                                accordance with the proposed rule, a                    reasonably address such warnings that                  institution’s risk-based set of internal
                                                failure to update the program to reflect                its program is not being implemented                   policies, procedures, and controls
                                                significant changes in the institution’s                would be at risk of being subject to a                 should be based upon, informed by, and
                                                risk profile may result in the program no               significant AML/CFT supervisory                        consistent with the financial
                                                longer satisfying the proposed rule’s                   action, an AML/CFT enforcement                         institution’s risk assessment processes.
                                                requirements regarding establishment.                   action, or both.                                       The level of sophistication of the
                                                2. Proposed 31 CFR 10XX.210(c)—                         D. Program Establishment                               internal policies, procedures, and
                                                Implementation of an AML/CFT                                                                                   controls should be commensurate with
                                                                                                          As noted earlier, pursuant to 31                     the size, structure, risk profile, and
                                                Program                                                 U.S.C. 5318(h), the AML/CFT program                    complexity of the financial institution.
                                                   Once a financial institution has                     requirements for financial institutions
                                                properly ‘‘established’’ an AML/CFT                     must have certain minimum elements                        The requirement that a financial
                                                program, the institution must                           comprised of: (1) internal policies,                   institution’s risk-based set of internal
                                                ‘‘maintain’’ the program by                             procedures, and controls; (2) an                       policies, procedures, and controls be
                                                implementing it, in all material respects.              independent audit function to test                     ‘‘reasonably designed’’ gives financial
                                                Minor deficiencies of an AML/CFT                        programs; (3) a designated compliance                  institutions flexibility in how they
                                                program would not necessarily mean                      officer; (4) an ongoing employee training              achieve compliance with the BSA and
                                                that a financial institution has failed to              program; and (5) other components,                     the proposed rule’s other requirements.
                                                implement the program.                                  depending on the type of financial                     As part of having risk-based set of
                                                   Although there are a variety of ways                 institution. The majority of the                       internal policies, procedures, and
                                                that a financial institution may not be                 proposed rule’s AML/CFT program                        controls reasonably designed to ensure
                                                implementing its program ‘‘in all                       components are substantially similar to                compliance with the BSA and FinCEN’s
                                                material respects,’’ in FinCEN’s                        the existing statutory and regulatory                  regulations, financial institutions may
                                                experience, commonly observed                           requirements for financial institutions.               choose to responsibly adopt new
                                                examples may include, but would not                     However, FinCEN is proposing certain                   technologies or innovative approaches
                                                be limited to: (1) internal policies,                   additions and modifications to                         to comply with BSA requirements.
                                                procedures, and controls are not being                  modernize and strengthen financial                     Consistent with this purpose, FinCEN
                                                performed or not being performed on a                   institutions’ AML/CFT programs to                      encourages financial institutions to
                                                consistent, regular, and timely basis                   enable financial institutions to better                evaluate whether new technology or
                                                (e.g., consistently ignored warnings or                 mitigate illicit finance risks.                        innovative approaches in other
                                                red flags that a program was seriously                                                                         resources might help to more effectively
                                                deficient) due to the nature or extent of               1. Proposed 31 CFR 10XX.210(b)(1)—                     combat financial crime. Innovative
                                                required resources becoming                             Internal Policies, Procedures, and                     approaches could involve machine
                                                                                                        Controls

lotter on DSK8BHNXB4PROD with PROPOSALS4
                                                inadequate; (2) gaps in the risk                                                                               learning, GenAI, digital identity,
                                                assessment processes that result in the                    The BSA requires financial                          blockchain monitoring and analytics, or
                                                financial institution’s program missing                 institutions to develop ‘‘internal                     APIs. These technologies may be
                                                or inadequately covering higher ML/TF                   policies, procedures, and controls’’ as                especially useful in countering illicit
                                                risks (e.g., systems used to monitor for                part of their AML/CFT programs.61                      finance activity involving digital assets,
                                                potentially suspicious activity failing to              Existing AML program rules already                     an effort for which FinCEN supports the
                                                capture material volumes or types of                                                                           responsible use of novel models,
                                                transactions); or (3) deficiencies or                     61 31 U.S.C. 5318(h)(1)(A).                          techniques, or strategies.

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                                                                          Federal Register / Vol. 91, No. 69 / Friday, April 10, 2026 / Proposed Rules                                                  18715

                                                i. Proposed 31 CFR 10XX.210(b)(1)(i)—                   TF risks using risk assessment                         including, for example, through remote
                                                Risk Assessment Processes                               processes. FinCEN understands that                     or other non-face-to-face means.
                                                   FinCEN is proposing in 31 CFR                        many financial institutions currently                     Financial institutions may use a
                                                10XX.210(b)(1)(i) that, as part of a                    maintain a single, or standalone, risk                 variety of sources to inform their risk
                                                financial institution’s risk-based set of               assessment process either voluntarily or               assessment processes. Such sources may
                                                internal policies, procedures, and                      as required or expected by Federal                     include information obtained from other
                                                controls, the financial institution                     regulators. This risk assessment process,              financial institutions, such as emerging
                                                establish and maintain risk assessment                  generally conducted on an annual basis,                risks and typologies identified through
                                                processes to: (1) evaluate the ML/TF                    results in a documented ML/TF risk                     section 314(b) information sharing or
                                                risks of the financial institution’s                    assessment. While such a risk                          payment transactions that other
                                                business activities, including products,                assessment process may be appropriate                  financial institutions returned or flagged
                                                services, distribution channels,                        under the proposal, the use of the term                due to ML/TF risks.65 Information a
                                                customers, and geographic locations; (2)                ‘‘risk assessment processes’’ is intended              financial institution generates or
                                                review and, as appropriate, incorporate                 to reflect that a financial institution may            maintains could be another source.
                                                the AML/CFT Priorities; and (3) be                      rely on multiple processes—applied as                  Such internal information may include,
                                                updated promptly upon any change that                   appropriate within its AML/CFT                         for example, customer internet protocol
                                                the financial institution knows or has                  program—to identify, assess, and                       (IP) addresses or device logins and
                                                reason to know significantly changes the                document its ML/TF risks and will be                   related geolocation information.
                                                                                                        examined based on the totality of these                   Feedback from FinCEN, law
                                                institution’s ML/TF risks.
                                                   While it is common practice among                    processes rather than the sufficiency of               enforcement, and financial regulators
                                                many financial institutions to maintain                 a single, standalone risk assessment                   may also inform risk assessment
                                                a risk assessment process or processes,                 process.                                               processes. For example, if a financial
                                                the requirement that financial                             FinCEN believes financial institutions              institution receives feedback from law
                                                institutions have risk assessment                       are best positioned to identify and                    enforcement about a report it has filed
                                                processes when developing their AML/                    evaluate their ML/TF risks and is                      or potential risks at the financial
                                                CFT programs is not stated in a uniform                 therefore not prescribing any particular               institution, the financial institution may
                                                manner for all financial institutions                   risk assessment processes or                           incorporate that information into its risk
                                                under the current AML program rules.                    methodologies other than the critical                  assessment processes. Similarly, a
                                                Under some program rules, certain                       elements described in this proposed                    financial institution may consider
                                                financial institutions—such as                          rule. Under the proposed rule, financial               information identified from responding
                                                insurance companies and loan and                        institutions will be examined for                      to section 314(a) requests.
                                                finance companies—are explicitly                        whether they have established and                         In addition to feedback, reports, and
                                                required to ‘‘[i]ncorporate policies,                   implemented, in all material respects,                 analyses published by Treasury and
                                                procedures, and internal controls based                 reasonably designed risk assessment                    FinCEN, the Federal functional
                                                upon . . . [an] assessment of the . . .                 processes—which need not be in the                     regulators, or self-regulatory
                                                risks associated with its products and                  form of a singular risk assessment                     organizations (SROs) may be
                                                services.’’ 62 Under other program rules,               process. Furthermore, as discussed                     particularly relevant to a financial
                                                some financial institutions—such as                     further below, FinCEN is not prescribing               institution’s business activities, thereby
                                                casinos and MSBs—must develop                           any particular timeframe for institutions              warranting consideration when
                                                internal policies, procedures, and                      to update their risk assessment                        evaluating ML/TF risks. Treasury
                                                controls, and independent testing                       processes.                                             describes changes in the illicit finance
                                                ‘‘commensurate with the risks’’ posed                      The explicit requirement to have risk               risk environment in its biennial
                                                by their products.63 This latter                        assessment processes will be new for                   National Money Laundering Risk
                                                requirement implicitly requires risk                    banks, casinos, MSBs, broker-dealers,                  Assessment, National Terrorist
                                                assessment processes, as an institution                 mutual funds, and FCMs and IBCs.64                     Financing Risk Assessment, and
                                                cannot develop a risk-based set of                                                                             National Proliferation Financing Risk
                                                internal policies, procedures, and                      a. Proposed 31 CFR                                     Assessment, which highlight significant
                                                controls without first identifying the                  10XX.210(b)(1)(i)(A)—ML/TF Risks                       illicit finance threats, vulnerabilities,
                                                institution’s risks by way of some                         Proposed 31 CFR 10XX.210(b)(1)(i)(A)                and risks.66 FinCEN also publishes
                                                process. Thus, the proposed rule would                  would require a financial institution’s                advisories and analyses on emerging
                                                standardize the requirement for risk                    risk assessment processes to evaluate                  risks and typologies, including
                                                assessment processes across different                   the ML/TF risks of its business                        Financial Trend Analyses issued
                                                types of financial institutions subject to              activities, including products, services,              pursuant to section 6206 of the AML
                                                program rules, thereby clarifying                       distribution channels, customers, and                  Act. These reports contain threat pattern
                                                existing expectations and practices.                    geographic locations. These factors are                and trend information derived from
                                                   Importantly, the proposed rule                       generally well known and often                         BSA filings and may help inform
                                                requires, as part of a financial                        incorporated into current risk                         financial institutions’ understanding of
                                                institution’s risk-based set of internal                assessment processes of some financial                    65 See FinCEN, Section 314(b) Fact Sheet, (Dec.