NPRM: Special measure regarding Huione Group (90 FR 18934) (Part 1 of 2)

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

Fincen

1

2025-05-05

Document text

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.

18934                        Federal Register / Vol. 90, No. 85 / Monday, May 5, 2025 / Proposed Rules

                                                     under the criteria of the Regulatory                       DEPARTMENT OF THE TREASURY                               (iii) One or more classes of
                                                     Flexibility Act.                                                                                                 transactions within, or involving, a
                                                                                                                Financial Crimes Enforcement Network                  jurisdiction outside of the United States;
                                                     Environmental Review
                                                                                                                                                                      or
                                                        This proposal will be subject to an                     31 CFR Part 1010                                         (iv) One or more types of accounts.1
                                                     environmental analysis in accordance                                                                                Upon making such a finding, the
                                                                                                                RIN 1506–AB68
                                                     with FAA Order 1050.1F,                                                                                          Secretary is authorized to require
                                                     ‘‘Environmental Impacts: Policies and                      Special Measure Regarding Huione                      domestic financial institutions and
                                                     Procedures’’ prior to any FAA final                        Group, as a Foreign Financial                         domestic financial agencies to take
                                                     regulatory action.                                         Institution of Primary Money                          certain ‘‘special measures.’’ 2 The five
                                                                                                                Laundering Concern                                    special measures set out in section 311
                                                     List of Subjects in 14 CFR Part 71                                                                               are safeguards that may be employed to
                                                                                                                AGENCY: Financial Crimes Enforcement                  defend the U.S. financial system from
                                                      Airspace, Incorporation by reference,                     Network (FinCEN), Treasury.                           money laundering and terrorist
                                                     Navigation (air).                                          ACTION: Notice of proposed rulemaking.                financing risks. The Secretary may
                                                     The Proposed Amendment                                                                                           impose one or more of these special
                                                                                                                SUMMARY: FinCEN is issuing a notice of
                                                                                                                                                                      measures to protect the U.S. financial
                                                       In consideration of the foregoing, the                   proposed rulemaking (NPRM), pursuant                  system from such threats. Through
                                                     Federal Aviation Administration                            to section 311 of the USA PATRIOT Act,                special measures one through four, the
                                                     proposes to amend 14 CFR part 71 as                        that proposes prohibiting the opening or              Secretary may impose additional
                                                     follows:                                                   maintaining of a correspondent account                recordkeeping, information collection,
                                                                                                                in the United States for, or on behalf of,            and reporting requirements on covered
                                                     PART 71—DESIGNATION OF CLASS A,                            Huione Group, a foreign financial                     domestic financial institutions and
                                                     B, C, D, AND E AIRSPACE AREAS; AIR                         institution based in Cambodia found to                domestic financial agencies—
                                                     TRAFFIC SERVICE ROUTES; AND                                be of primary money laundering                        collectively, ‘‘covered financial
                                                     REPORTING POINTS                                           concern. The NPRM also would require                  institutions.’’ 3 Through special measure
                                                                                                                covered financial institutions to apply               five, the Secretary may ‘‘prohibit, or
                                                     ■ 1. The authority citation for 14 CFR                     special due diligence to their foreign                impose conditions upon, the opening or
                                                     part 71 continues to read as follows:                      correspondent accounts that is                        maintaining in the United States of a
                                                                                                                reasonably designed to guard against                  correspondent account or payable-
                                                       Authority: 49 U.S.C. 106(f), 106(g), 40103,
                                                     40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,               their use to process transactions                     through account’’ for or on behalf of a
                                                     1959–1963 Comp., p. 389.                                   involving Huione Group.                               foreign banking institution, if such
                                                                                                                DATES: Written comments on the notice                 correspondent account or payable-
                                                     § 71.1       [Amended]                                     of proposed rulemaking must be                        through account involves the foreign
                                                     ■ 2. The incorporation by reference in                     submitted on or before June 4, 2025.                  financial institution found to be of
                                                     14 CFR 71.1 of FAA Order JO 7400.11J,                      ADDRESSES: Comments must be                           primary money laundering concern.4
                                                     Airspace Designations and Reporting                        submitted by one of the following                        Before making a finding that
                                                     Points, dated July 31, 2024, and                           methods:                                              reasonable grounds exist for concluding
                                                     effective September 15, 2024, is                             • Federal E-rulemaking Portal:                      that a financial institution outside of the
                                                     amended as follows:                                        https://www.regulations.gov. Follow the               United States (or other jurisdiction,
                                                                                                                instructions for submitting comments.                 account, or class of transactions) is of
                                                     Paragraph 6005 Class E Airspace Areas                      Refer to Docket Number FINCEN–2025–                   primary money laundering concern, the
                                                     Extending Upward From 700 Feet or More
                                                                                                                0004 in the submission.                               Secretary is required to consult with
                                                     Above the Surface of the Earth.
                                                                                                                  • Mail: Financial Crimes Enforcement                both the Secretary of State and the
                                                     *        *      *       *      *                           Network, P.O. Box 39, Vienna, VA                      Attorney General.5 In addition, in
                                                     AWP AZ E5 Wickenburg, AZ [Establish]                       22183. Refer to Docket Number                         making a finding that reasonable
                                                     Wickenburg Municipal Airport, AZ                           FINCEN–2025–0004 in the submission.                   grounds exist for concluding that a
                                                       (Lat. 33°58′14″ N, long. 112°47′42″ W)                     Please submit comments by one                       financial institution outside of the
                                                       That airspace extending upward from 700                  method only and note that comments
                                                     feet above the surface at Wickenburg                       submitted in response to this NPRM                      1 31 U.S.C. 5318A(a)(1).

                                                     Municipal Airport, Wickenburg, AZ,                         will become a matter of public record.                   2 On October 26, 2001, the President signed into

                                                     beginning at point lat 34°01′27″ N, long                   FOR FURTHER INFORMATION CONTACT: The                  law the Uniting and Strengthening America by
                                                                                                                                                                      Providing Appropriate Tools Required to Intercept
                                                     112°32′48″ W to lat 34°01′14″ N, long                      FinCEN Resource Center at                             and Obstruct Terrorism Act of 2001, Public Law
                                                     112°31′50″ W to lat 33°59′31″ N, long                      www.fincen.gov/contact.                               107–56 (USA PATRIOT Act). Title III of the USA
                                                     112°32′238″ W then following the 12.8-mile                                                                       PATRIOT Act amended the anti-money laundering
                                                                                                                SUPPLEMENTARY INFORMATION:
                                                     radius from the airport clockwise to lat                                                                         (AML) provisions of the Bank Secrecy Act (BSA) to
                                                     33°49′30″ N, long 112°58′57″ W to lat                      I. Statutory Provisions                               promote the prevention, detection, and prosecution
                                                     33°51′03″ N, long 113°02′00″ W to lat                                                                            of international money laundering and the
                                                     33°52′07″ N, long 113°01′13″ W then                           Section 311 of the USA PATRIOT Act                 financing of terrorism. The BSA, as amended, is the
                                                     following the 12.8-mile radius from the                    (section 311), codified at 31 U.S.C.                  popular name for a collection of statutory
                                                                                                                5318A, grants the Secretary of the                    authorities that FinCEN administers that is codified
                                                     airport clockwise to the point of origination.

ddrumheller on DSK120RN23PROD with PROPOSALS1
                                                                                                                                                                      at 12 U.S.C. 1829b, 1951–1960 and 31 U.S.C. 5311–
                                                     *        *      *       *      *                           Treasury (Secretary) the authority to                 5314, 5316–5336, and includes other authorities
                                                                                                                make a finding that ‘‘reasonable grounds              reflected in notes thereto. Regulations
                                                       Issued in Fort Worth, Texas, on April 29,                exist for concluding’’ that any of the                implementing the BSA appear at 31 CFR Chapter
                                                     2025.                                                                                                            X.
                                                                                                                following ‘‘is of primary money
                                                     Wayne L. Eckenrode,                                        laundering concern:
                                                                                                                                                                         3 31 U.S.C. 5318A(b)(1)–(4). The term ‘‘covered

                                                     Acting Manager, Operations Support Group,                                                                        financial institution’’ has the same meaning as
                                                                                                                   (i) A jurisdiction outside of the United           provided at 31 CFR 1010.605(e)(1); see infra section
                                                     ATO Central Service Center.                                States;                                               V.A.3.
                                                     [FR Doc. 2025–07664 Filed 5–2–25; 8:45 am]                    (ii) One or more financial institutions               4 31 U.S.C. 5318A(b)(5).

                                                     BILLING CODE 4910–13–P                                     operating outside of the United States;                  5 31 U.S.C. 5318A(c)(1).

                                                VerDate Sep<11>2014      16:16 May 02, 2025   Jkt 265001   PO 00000   Frm 00005   Fmt 4702   Sfmt 4702   E:\FR\FM\05MYP1.SGM   05MYP1
                                                                                 Federal Register / Vol. 90, No. 85 / Monday, May 5, 2025 / Proposed Rules                                                        18935

                                                     United States is of primary money                           • The extent to which the action or                     operations are principally carried out in
                                                     laundering concern, the Secretary is                      the timing of the action would have a                     Cambodia.
                                                     required to consider such information as                  significant adverse systemic impact on                       For years, Huione Group has
                                                     the Secretary determines to be relevant,                  the international payment, clearance,                     laundered illicit proceeds from
                                                     including the following potentially                       and settlement system, or on legitimate                   cybercrimes—namely, cyber heists
                                                     relevant institutional factors:                           business activities involving the                         carried out by the Lazarus Group,15 an
                                                        • The extent to which such a                           particular jurisdiction, institution, class               entity sanctioned by Treasury’s Office of
                                                     financial institution is used to facilitate               of transactions, or type of account; and                  Foreign Assets Control (OFAC)—and
                                                     or promote money laundering in or                                                                                   Convertible Virtual Currency (CVC)
                                                     through a jurisdiction outside the                          • The effect of the action on United                    investment scams carried out by
                                                     United States, including any money                        States national security and foreign                      transnational criminal organizations
                                                     laundering activity by organized                          policy.9                                                  (TCOs) based in Southeast Asia.16
                                                     criminal groups, international terrorists,                  The authority of the Secretary to                          Since its establishment, Huione
                                                     or entities involved in the proliferation                 administer the Bank Secrecy Act (BSA)                     Group has set up a network of
                                                     of weapons of mass destruction (WMD)                      and its implementing regulations,                         businesses, each playing a different role
                                                     or missiles.                                              including the authority under section                     in its money laundering enterprise.
                                                        • The extent to which such a                           311 to make such a finding and to                         However, FinCEN’s analysis of Huione
                                                     financial institution is used for                         impose special measures, has been                         Group has identified the sharing of CVC
                                                     legitimate business purposes in the                       delegated to FinCEN.10                                    infrastructure by Huione Group’s
                                                     jurisdiction; and                                                                                                   constituent entities, indicating that the
                                                        • The extent to which such action is                   II. Summary of NPRM                                       entities, including the parent Huione
                                                     sufficient to ensure, with respect to                                                                               Group, are functionally operating as one
                                                     transactions involving the jurisdiction                     Huione Group 11 is a financial                          and the same, despite the various
                                                     and institutions operating in the                         services conglomerate based in Phnom                      branding. Because Huione Group’s
                                                     jurisdiction, that the purposes of section                Penh, Cambodia.12 Huione Group’s                          subsidiaries have shared CVC
                                                     311 continue to be fulfilled, and to                      website is registered 13 to an individual                 infrastructure with its constituent
                                                     guard against international money                         with a listed location of Phnom Penh,                     entities, the structure makes it
                                                     laundering and other financial crimes.6                   Cambodia, but Huione Group, the                           challenging to ascertain the specific
                                                        In selecting one or more special                       parent entity of the conglomerate, does                   subsidiary involved in any particular
                                                     measures, the Secretary ‘‘shall consult                   not appear to be registered as a business                 transaction.
                                                     with the Chairman of the Board of                         in any jurisdiction, though it was                           The overall Huione Group network
                                                     Governors of the Federal Reserve                          originally incorporated in Hong Kong in                   offers unique services ranging from an
                                                     System, any other appropriate Federal                     2018 as Huione Group Limited.14 While                     online marketplace selling items useful
                                                     banking agency (as defined in section 3                   several of Huione Group’s subsidiaries                    for carrying out cyber scams to money
                                                     of the Federal Deposit Insurance Act),                    are registered outside of Cambodia, their                 laundering services that accept both fiat
                                                     the Secretary of State, the Securities and                                                                          currencies and CVC. Huione Group has
                                                     Exchange Commission, the Commodity                          9 31 U.S.C. 5318A(a)(4)(B)(i)–(iv).
                                                                                                                                                                         also created its own stablecoin, a type
                                                                                                                  10 Pursuant to Treasury Order 180–01 (Jan. 14,
                                                     Futures Trading Commission, the                                                                                     of CVC that is usually backed by a pre-
                                                                                                               2020), the authority of the Secretary to administer
                                                     National Credit Union Administration                      the BSA, including, but not limited to, 31 U.S.C.
                                                                                                                                                                         determined quantity of fiat currency,
                                                     Board, and in the sole discretion of the                  5318A, has been delegated to the Director of              most often the U.S. dollar (USD). The
                                                     Secretary, such other agencies and                        FinCEN.                                                   stablecoin, ‘‘USDH,’’ which is a ticker
                                                     interested parties as the Secretary may                      11 As will be discussed in greater detail in section
                                                                                                                                                                         symbol for ‘‘U.S. Dollar Huione,’’ is
                                                     find appropriate.’’ 7 When imposing                       III, Huione Group is the parent company of the            pegged to the USD at a one-to-one ratio
                                                                                                               following subsidiaries: Huione Crypto, Haowang
                                                     special measure five, the Secretary must                  Guarantee, and Huione Pay PLC. FinCEN assesses            and is represented as a stablecoin that
                                                     do so ‘‘in consultation with the                          that this collective grouping of exchange services is     cannot be frozen. In contrast, many
                                                     Secretary of State, the Attorney General,                 a single organization, and for that reason, FinCEN        stablecoin issuers develop their
                                                     and the Chairman of the Board of                          will correspondingly refer to this collective as the      stablecoins to retain the ability to freeze
                                                                                                               Huione Group.
                                                     Governors of the Federal Reserve                             12 Cambodia Corporate Registry, Huione Search,
                                                                                                                                                                         funds, which they have sometimes done
                                                     System.’’ 8 In addition, the Secretary is                 https://www.businessregistration.moc.gov.kh/              in cases of known criminal activity, or
                                                     required to consider the following                        cambodia-master/service/                                  at the request of law enforcement.
                                                     factors:                                                  create.html?targetAppCode=cambodia-                       Because Huione Group claims that
                                                        • Whether similar action has been or                   master&targetRegisterAppCode=cambodia-br-
                                                                                                                                                                         USDH cannot be frozen, this service
                                                                                                               companies&service=registerItemSearch (last
                                                     is being taken by other nations or                        accessed Mar. 27, 2025); Huione Pay, Index, https://      offers Huione Group’s clientele a
                                                     multilateral groups;                                      www.huionepay.com.kh/index/help; Huione Group,
                                                        • Whether the imposition of any                        About, which is no longer accessible and will be            15 The Lazarus Group is an agency,

                                                     particular special measure would create                   discussed later in this section, formerly available at    instrumentality, or controlled entity of the
                                                                                                               https://huione.com/html/about.jsp (last accessed          government of the Democratic People’s Republic of
                                                     a significant competitive disadvantage,                   Sept. 24, 2024). Huione Crypto has numerous job           Korea, that has stolen large volumes of Convertible
                                                     including any undue cost or burden                        announcements with a work location in Phnom               Virtual Currency in numerous and often widely
                                                     associated with compliance, for                           Penh, Cambodia. See Huione Crypto, Career                 reported cyber heists. On September 13, 2019, the
                                                     financial institutions organized or                       Opportunities, https://www.huione.io/en-US/               Lazarus Group was sanctioned by OFAC. See

ddrumheller on DSK120RN23PROD with PROPOSALS1
                                                                                                               careerOpportunities (last accessed Mar. 27, 2025).        Department of the Treasury, Press Release, Treasury
                                                     licensed in the United States;                            Haowang Guarantee also lists job announcements            Sanctions North Korean State-Sponsored Malicious
                                                                                                               with a work location in Phnom Penh, Cambodia.             Cyber Groups, (Sept. 13, 2019), https://
                                                        6 31 U.S.C. 5318A(c)(2)(B)(i)–(iii). In addition, in   See Haowang Guarantee, About, https://                    home.treasury.gov/news/press-releases/sm774.
                                                     the case of a finding relating to a particular            www.hwdb.la/about/ (last accessed Mar. 27, 2025).           16 These scams are also referred to as ‘‘pig
                                                     jurisdiction, section 311 sets out certain                   13 The registration is valid through June 3, 2025.
                                                                                                                                                                         butchering.’’ See FinCEN, FIN–2023-Alert005,
                                                     ‘‘jurisdictional factors’’ that the Secretary may         See ICANN, Huione.com, https://lookup.icann.org/          FinCEN Alert on Prevalent Virtual Currency
                                                     consider, which are not relevant here. See 31 U.S.C.      en/huione.com (last accessed Mar. 27, 2025).              Investment Scam Commonly Known as ‘‘Pig
                                                     5318A(c)(2)(A)(i)–(vii).                                     14 Hong Kong Companies Registry, Huione Group          Butchering’’ (Sept. 8, 2023), https://
                                                        7 31 U.S.C. 5318A(a)(4)(A).
                                                                                                               Limited, at p. 54, https://www.cr.gov.hk/docs/wrpt/       www.fincen.gov/sites/default/files/shared/FinCEN_
                                                        8 31 U.S.C. 5318A(b)(5).                               RNC063_2018.12.17-2018.12.23.pdf.                         Alert_Pig_Butchering_FINAL_508c.pdf.

                                                VerDate Sep<11>2014    16:16 May 02, 2025   Jkt 265001   PO 00000   Frm 00006    Fmt 4702   Sfmt 4702   E:\FR\FM\05MYP1.SGM      05MYP1
                                                     18936                      Federal Register / Vol. 90, No. 85 / Monday, May 5, 2025 / Proposed Rules

                                                     virtually risk-free ecosystem to move or                prerequisite to such a finding is that the              A. Huione Group and Its Three
                                                     store CVC without the risk of                           relevant institution is a ‘‘financial                   Identified Subsidiaries Are Each a
                                                     interception or ‘‘freezing’’ by law                     institution operating outside of the                    Financial Institution
                                                     enforcement.                                            United States.’’ 19
                                                        Finally, much of the illicit revenue                                                                            Huione Group is a parent entity that
                                                     laundered through Huione Group                             The BSA defines a ‘‘financial                        controls three subsidiaries: (i) Haowang
                                                     originates from well-documented                         institution’’ to be any of several                      Guarantee; (ii) Huione Pay PLC; and (iii)
                                                     criminal activity, and numerous                         categories of entities, including money                 Huione Crypto (collectively, the
                                                     publicly available reports describe the                 transmitters.20 The BSA defines a                       ‘‘Subsidiaries’’). Based on the following,
                                                     failings of Huione Group’s anti-money                   money transmitter as including ‘‘a                      FinCEN finds that reasonable grounds
                                                     laundering/know your customer (AML/                     licensed sender of money or any other                   exist to conclude that Huione Group
                                                     KYC) program. Despite these reports                     person who engages as a business in the                 and each of the Subsidiaries engages in
                                                     and Huione Group’s public                               transmission of currency funds, or value                the business of money transmission, and
                                                     acknowledgments of its failings,17                      that substitutes for currency.’’ 21 A                   is thereby a financial institution under
                                                     FinCEN assesses that Huione Group has                   money transmitter does not require a                    the BSA and its implementing
                                                     made no meaningful steps to effectively                 particular license, corporate structure,                regulations.
                                                     address these AML/KYC deficiencies.                     or physical location.                                   1. Huione Group
                                                        This NPRM (1) sets forth FinCEN’s
                                                                                                                As detailed further below, much of
                                                     finding, based on public and non-public                                                                            Huione Group is a Cambodia based,
                                                                                                             Huione Group’s illicit money
                                                     information, that Huione Group is a                                                                             Hong Kong-registered 24 sole
                                                                                                             transmitting activity occurs through                    proprietorship founded in or around
                                                     financial institution operating outside of
                                                     the United States of primary money                      transactions in CVC. This is consistent                 2014, appears to be owned and
                                                     laundering concern; and (2) proposes                    with the money transmitter definition,                  controlled by an individual Cambodian
                                                     that, under special measure five,                       which includes services in CVC.                         national,25 and holds itself out as the
                                                     covered financial institutions be                       FinCEN’s May 9, 2019, Guidance on                       parent entity of the Subsidiaries.26 By
                                                     prohibited from opening or maintaining                  CVC explains that for the purposes of                   its own account, Huione Group began as
                                                     a correspondent account for, or on                      the BSA’s implementing regulations,                     a fiat currency exchange service and
                                                     behalf of, Huione Group.                                persons ‘‘may be a money transmitter                    over the past decade, expanded its
                                                                                                             . . . regardless of the technology                      commercial interests to include finance,
                                                     III. Finding That Huione Group Is a                     employed for the transmittal of value or                insurance, real estate entities,27 and
                                                     Financial Institution Operating Outside
                                                                                                             the type of asset the person uses as                    most recently, CVC exchange services.28
                                                     of the United States and a Foreign
                                                                                                             value that substitutes for currency, or                 The Subsidiaries operate an
                                                     Financial Institution
                                                                                                             whether such asset is physical or                       interconnected payment service
                                                        As set forth above, section 311                      virtual.’’ 22 For the reasons explained in              provider, illicit online market, and a
                                                     authorizes FinCEN, through delegated                    the May 9, 2019, Guidance, the term
                                                     authority and in pertinent part, to make                ‘‘value that substitutes for currency’’                    24 Hong Kong Companies Registry, Huione Group

                                                     a finding ‘‘that reasonable grounds exist               includes CVC.23                                         Limited, at p. 54, https://www.cr.gov.hk/docs/wrpt/
                                                     for concluding’’ that ‘‘[one] or more                                                                           RNC063_2018.12.17-2018.12.23.pdf.
                                                                                                                                                                        25 See The Record, Tether freezes $29 million of
                                                     financial institutions operating outside                   19 31 U.S.C. 5318A(a)(1) authorizes the
                                                                                                                                                                     cryptocurrency connected to Cambodian
                                                     of the United States’’ is ‘‘of primary                  imposition of special measures on, among others,        marketplace accused of fueling scams (July 15,
                                                     money laundering concern.’’ 18 A                        ‘‘financial institutions operating outside of the       2024), https://therecord.media/tether-freezes-29-
                                                                                                             United States.’’ Of the five special measures           million-crypto-connected-to-scam-marketplace.
                                                        17 Following negative public reporting about         authorized by the statute, the fifth measure               26 See, e.g., Elliptic, Huione: The Company

                                                     Huione Group in July 2024, Huione Group provided        authorizes ‘‘Prohibitions or Conditions on Opening      Behind the Largest Ever Illicit Online Marketplace
                                                     a statement to ABC News, stating that ‘‘. . . because   or Maintaining Certain Correspondent or Payable-        Has Launched a Stablecoin (Jan. 14, 2025), https://
                                                     our [Huione Group’s] services are all public,           Through Accounts.’’ The statute goes on to define       www.elliptic.co/blog/huione-largest-ever-illicit-
                                                     covering Asia, Europe and America, and the privacy      the terms correspondent account and payable-            online-marketplace-stablecoin; Elliptic, Huione
                                                     attributes of [CVC] are superimposed, our KYC           through account in reference to payments made on        Guarantee: The multi-billion dollar marketplace
                                                     [know your customer] capabilities are now               behalf of a ‘‘foreign financial institution’’—a term    used by online scammers (July 9, 2024, updated
                                                     seriously insufficient.’’ See ABC News, Cambodian       otherwise undefined. For the purposes of this           Mar. 27, 2025), https://www.elliptic.co/blog/cyber-
                                                     online marketplace outed as one-stop shop for           NPRM, and under these facts, FinCEN finds that          scam-marketplace; Chainalysis, 2024 Crypto Crime
                                                     scammers’ money laundering and ‘detention               Huione Group is both a foreign financial institution    Mid-year Update Part 2: China-based CSAM and
                                                     equipment’ needs (July 26, 2024), https://              and a financial institution outside of the United       Cybercrime Networks on the Rise, Pig Butchering
                                                     www.abc.net.au/news/2024-07-27/online-                  States.                                                 Scams Remain Lucrative (Aug. 29, 2024), https://
                                                     marketplace-for-money-laundering-and-scammers/             20 See 31 U.S.C. 5312(a)(2).                         www.chainalysis.com/blog/2024-crypto-crime-mid-
                                                     104131624; see also The Record, Tether freezes $29         21 31 U.S.C. 5312(a)(2)(R) (allowing ‘‘a licensed
                                                                                                                                                                     year-update-part-2/; ABC News, Cambodian online
                                                     million of cryptocurrency connected to Cambodian                                                                marketplace outed as one-stop shop for scammers’
                                                                                                             sender of money or any other person . . .’’ to          money laundering and ‘detention equipment’ needs
                                                     marketplace accused of fueling scams (July 15,
                                                                                                             constitute money transmitter). FinCEN’s                 (July 26, 2024), https://www.abc.net.au/news/2024-
                                                     2024), https://therecord.media/tether-freezes-29-
                                                                                                             implementing regulations define ‘‘person’’ broadly      07-27/online-marketplace-for-money-laundering-
                                                     million-crypto-connected-to-scam-marketplace;
                                                                                                             as ‘‘an individual, a corporation, a partnership, a     and-scammers/104131624; Huione Crypto, Terms
                                                     Elliptic, Huione Guarantee: The multi-billion dollar
                                                                                                             trust or estate, a joint stock company, an              and Conditions, https://www.huione.io/en-US/
                                                     marketplace used by online scammers (July 9, 2024,
                                                     updated Mar. 27, 2025), https://www.elliptic.co/        association, a syndicate, joint venture, or other       termsAndConditions/userAgreement (last accessed
                                                     blog/cyber-scam-marketplace; Elliptic, Huione: The      unincorporated organization or group, an Indian         Mar. 27, 2025). The Huione Group website is no

ddrumheller on DSK120RN23PROD with PROPOSALS1
                                                     Company Behind the Largest Ever Illicit Online          Tribe (as that term is defined in the Indian Gaming     longer accessible, which FinCEN assesses is more
                                                     Marketplace Has Launched a Stablecoin (Jan. 14,         Regulatory Act), and all entities cognizable as legal   likely than not caused by negative public attention
                                                     2025), https://www.elliptic.co/blog/huione-largest-     personalities.’’ 31 CFR 1010.100(mm).                   following a series of reports by blockchain analytic
                                                                                                                22 FinCEN, FIN–2019–G001, Application of             firms on money laundering occurring at Huione
                                                     ever-illicit-online-marketplace-stablecoin;
                                                     Chainalysis, 2024 Crypto Crime Mid-year Update          FinCEN’s Regulations to Certain Business Models         Group.
                                                     Part 2: China-based CSAM and Cybercrime                 Involving Convertible Virtual Currencies (May 9,           27 Huione Group, Who We Are, formerly available

                                                     Networks on the Rise, Pig Butchering Scams              2019), at Section 1.2.3, https://www.fincen.gov/        at https://www.huione.com/html/about.jsp (last
                                                     Remain Lucrative (Aug. 29, 2024), https://              sites/default/files/2019-05/                            accessed Sept. 24, 2024).
                                                     www.chainalysis.com/blog/2024-crypto-crime-mid-         FinCEN%20Guidance%20                                       28 Huione Crypto, Introduce, https://
                                                     year-update-part-2/.                                    CVC%20FINAL%20508.pdf.                                  www.huione.io/en-US/introduce (last accessed Mar.
                                                        18 31 U.S.C. 5318A(a)(1).                               23 Id. at Sections 1.2.1, 1.3.                       26, 2025).

                                                VerDate Sep<11>2014   16:16 May 02, 2025   Jkt 265001   PO 00000   Frm 00007   Fmt 4702   Sfmt 4702   E:\FR\FM\05MYP1.SGM    05MYP1
                                                                                Federal Register / Vol. 90, No. 85 / Monday, May 5, 2025 / Proposed Rules                                                     18937

                                                     CVC exchanger (a type of virtual asset                  that provides users with virtual digital               technology, infrastructure and resources
                                                     service provider or VASP).                              products and transaction services . . .                to conduct cyber scams.37
                                                        Huione Group, as an individual                       [that] does not participate in nor                        In addition, Elliptic reports that
                                                     entity, coordinates the Subsidiaries’                   understand the specific business of the                Haowang Guarantee provides money
                                                     activities by operating the customer                    customer. . . . Huione cannot verify or                laundering services to criminal
                                                     service and public relations functions of               guarantee the process of funds or                      organizations, helping them transfer the
                                                     the Huione Group. Huione Group does                     goods.’’ 32 Multiple blockchain analytic               proceeds of investment frauds and other
                                                     this by hosting Telegram channels to aid                firms have analyzed and reported on                    cyber scams to the legitimate banking
                                                     customers experiencing problems with                    Haowang Guarantee for facilitating the                 sector undetected.38 Because Haowang
                                                     the services that the Subsidiaries                      sale of contraband and illicit services.               Guarantee offers ‘‘virtual digital
                                                     provide.29 One of Huione Group’s                        For example, a public report issued by                 products and transaction services’’ and
                                                     Telegram channels also provides public                  blockchain analytics company Elliptic                  facilitates CVC (digital asset)
                                                     relations commentary on behalf of the                   found that Haowang Guarantee appears                   transactions, FinCEN finds that there are
                                                     whole of the Huione Group collective.                   to operate in a manner similar to a                    reasonable grounds to conclude that it is
                                                     Most recently, that public relations                    darknet market.33 This assessment is                   engaged as a business in the
                                                     channel responded to counter news                       based on the fact that Haowang                         transmission of value that substitutes for
                                                     media reports that the Cambodian                        Guarantee offers a marketplace where                   currency. Accordingly, FinCEN finds
                                                     government revoked Huione Pay PLC’s                     third party merchants can sell goods                   that reasonable grounds exist to
                                                     banking license.30 Lastly, Huione                       and services, including money                          conclude that Haowang Guarantee is a
                                                     Group’s Subsidiaries all have shared                    laundering services and equipment that                 financial institution as that term is used
                                                     CVC infrastructure, making it                                                                                  in the BSA and section 311.
                                                                                                             can be used to detain people, which
                                                     challenging to ascertain the specific
                                                                                                             could be used for illicit purposes such                3. Huione Pay PLC
                                                     subsidiary involved in a particular
                                                                                                             as enabling human trafficking.34 While
                                                     transaction.                                                                                                      As of January 2025, Huione Pay PLC
                                                        FinCEN finds that reasonable grounds                 FinCEN does not have evidence that
                                                                                                                                                                    was registered as a payment services
                                                     exist to conclude that Huione Group is                  Haowang Guarantee operates on the
                                                                                                                                                                    institution with the National Bank of
                                                     a money transmitter. By providing                       darknet, FinCEN assesses that Haowang
                                                                                                                                                                    Cambodia.39 Until December 2023, there
                                                     customer service and public relations                   Guarantee deals in the sale of illicit
                                                                                                                                                                    was a likely related entity, ‘‘Huione
                                                     services on behalf of the Subsidiaries,                 goods and services in a manner similar
                                                                                                                                                                    Pay,’’ registered as a money services
                                                     Huione Group is itself part of ‘‘a                      to a darknet market but on the open
                                                                                                                                                                    business in Canada, which was
                                                     network of people who engage as a                       internet.35
                                                                                                                                                                    incorporated in the country as Huione
                                                     business in facilitating the transfer of                   Chainalysis, a separate blockchain                  Pay Inc.40 In March 2025, Huione Group
                                                     money.’’ Furthermore, through Huione                    analytics company, found similar                       advertised its plans to expand Huione
                                                     Group’s apparent control of the                         results. In its 2024 Crypto Crime Mid-                 Pay PLC into new markets, including in
                                                     Subsidiaries (each of which is itself a                 year Update Report, it determined that                 North America.41
                                                     money transmitter, and through Huione                   Haowang Guarantee operates as a peer-                     Huione Pay PLC offers its customers
                                                     Group’s coordination of the                             to-peer marketplace that connects                      the ability to trade CVC on different
                                                     Subsidiaries’ business activities such                  buyers and sellers and facilitates                     blockchains, and to convert CVC to or
                                                     that they form a self-contained                         transactions.36 Chainalysis reviewed                   from various fiat currencies.42 Huione
                                                     ecosystem of exchange, payment, and                     blockchain data of Haowang Guarantee                   Pay PLC is registered with the
                                                     market services), Huione Group is                       and determined it had processed at least               Cambodian Ministry of Commerce for
                                                     engaged as a business in the                            USD 49 billion worth of CVC since                      ‘‘other financial service activities.’’ 43
                                                     transmission of value that substitutes for              2021. Chainalysis also determined that
                                                     currency. Accordingly, FinCEN finds                     merchants operating on Haowang                           37 Id.

                                                     that reasonable grounds exist to                        Guarantee’s marketplace offered various                  38 Elliptic, Huione: The Company Behind the

                                                     conclude that Huione Group is a                                                                                Largest Ever Illicit Online Marketplace Has
                                                                                                             illicit services, including the                        Launched a Stablecoin (Jan. 14, 2025), https://
                                                     financial institution as defined by the                                                                        www.elliptic.co/blog/huione-largest-ever-illicit-
                                                     BSA and as that term is used in section                    32 Haowang Guarantee, About, https://               online-marketplace-stablecoin.
                                                     311.                                                    www.hwbd.la/about (last accessed Mar. 27, 2025).         39 National Bank of Cambodia, List of Payment
                                                                                                                33 Darknet Markets almost exclusively accept CVC    Service Institutions (Dec. 31, 2024), https://
                                                     2. Haowang Guarantee (Formerly                          as payment for a large range of illegal services and   www.nbc.gov.kh/download_files/data/english/En/
                                                     Known as Huione Guarantee) 31                           goods, including ransomware-as-a-service (RaaS).       EN-PSIs.pdf (last accessed Mar. 21, 2025).
                                                                                                             CVC is often the payment method of choice on             40 Financial Transactions and Reports Analysis
                                                        Haowang Guarantee describes itself as                darknet marketplaces because illicit actors who        Centre of Canada (FINTRAC), Money Services
                                                     ‘‘a professional e-commerce platform                    transact on the darknet often incorrectly believe      Business Registry, Huione Pay Inc, https://fintrac-
                                                                                                             virtual currencies to be an anonymous and              canafe.canada.ca/msb-esm/reg-eng (last accessed
                                                        29 Telegram, Huione Group Customer Service           untraceable means of exchange.                         Mar. 13, 2025).
                                                     Center, https://t.me/huionekf/138 (last accessed           34 Elliptic, Huione Guarantee: The multi-billion      41 Telegram, Huione Group Customer Service,

                                                     Mar. 27, 2025).                                         dollar marketplace used by online scammers (July       Huione Statement (Mar. 9, 2025), https://t.me/
                                                        30 Telegram, Huione Group Customer Service,          9, 2024, updated Mar. 27, 2025), https://              huionekf/346.
                                                     Huione Statement (Mar. 9, 2025), https://t.me/          www.elliptic.co/blog/cyber-scam-marketplace.             42 Huione Pay website, Index, https://

                                                     huionekf/346.                                              35 See Department of the Treasury, Press Release,   www.huionepay.com.kh/index/help (last accessed

ddrumheller on DSK120RN23PROD with PROPOSALS1
                                                        31 On October 19, 2024, Huione Guarantee was         Treasury Sanctions Russia-Based Hydra, World’s         Mar. 27, 2025).
                                                     rebranded as Haowang Guarantee, announcing the          Largest Darknet Market, and Ransomware-Enabling          43 See Cambodia Corporate Registry, Huione

                                                     change on September 30, 2024, and offering              Virtual Currency Exchange Garantex (Apr. 5, 2022),     Search, https://
                                                     customer discount following the rebrand to thank        https://home.treasury.gov/news/press-releases/         www.businessregistration.moc.gov.kh/cambodia-
                                                     their long-term customers. The reason for such a        jy0701.                                                master/service/
                                                     rebrand is unclear, although it could be to distance       36 Chainalysis, 2024 Crypto Crime Mid-year          create.html?targetAppCode=cambodia-
                                                     itself from the recent negative public reporting        Update Part 2: China-based CSAM and Cybercrime         master&targetRegisterAppCode=cambodia-br-
                                                     about Huione Group. Telegram, Haowang                   Networks on the Rise, Pig Butchering Scams             companies&service=registerItemSearch (last
                                                     Guarantee Customer Service Channel (Sept. 30,           Remain Lucrative (Aug. 29, 2024), https://             accessed Mar. 27, 2025). On March 6, 2025, a media
                                                     2024), https://t.me/s/kefu (last accessed Mar. 27,      www.chainalysis.com/blog/2024-crypto-crime-mid-        report indicated that Huione Pay PLC’s banking
                                                     2025).                                                  year-update-part-2/.                                                                             Continued

                                                VerDate Sep<11>2014   16:16 May 02, 2025   Jkt 265001   PO 00000   Frm 00008   Fmt 4702   Sfmt 4702   E:\FR\FM\05MYP1.SGM      05MYP1
                                                     18938                      Federal Register / Vol. 90, No. 85 / Monday, May 5, 2025 / Proposed Rules

                                                     Part of Huione Pay PLC, Huione                          money transmission as described at 31                 Poipet, Siem Reap, and Sihanoukville.48
                                                     International Payments, acts as a                       U.S.C. 5312(R). Accordingly, FinCEN                   Huione Pay PLC also advertises on
                                                     merchant on Haowang Guarantee’s                         finds that reasonable grounds exist to                social media that it has operated a
                                                     platform and exchanging CVC to                          conclude that Huione Crypto is a                      branch in Laukkaing,49 the capital of the
                                                     facilitate the transfer of the proceeds of              financial institution as that term is used            Kokang Self-Administered Zone in
                                                     cyber scams.44 Huione Pay PLC holds                     in the BSA and section 311.                           northern Burma and a known center for
                                                     the local equivalent of a money                                                                               criminal CVC investment scams, before
                                                     transmitting business license issued by                 B. Huione Group Operates Outside the                  a 2023–2024 crackdown shuttered the
                                                     the Kingdom of Cambodia and engages                     United States                                         majority of these operations.50 Huione
                                                     in the exchange of CVC in a manner                      1. Huione Group                                       Pay PLC is registered as a payment
                                                     consistent with the definition of a                                                                           services institution with the National
                                                     money transmitting business.                               Based on publicly available                        Bank of Cambodia.51 Based on the
                                                     Accordingly, FinCEN finds that                          information, Huione Group is operated                 foregoing, FinCEN finds that reasonable
                                                     reasonable grounds exist to conclude                    by a Cambodian person, from Phnom                     grounds exist to conclude that Huione
                                                     that Huione Pay PLC is a financial                      Penh, Cambodia.47 Furthermore, the                    Pay PLC is operated from and located in
                                                     institution as that term is used in the                 Huione Group website is registered to a               Cambodia and thus operates outside of
                                                     BSA and section 311.                                    Cambodian address in Phnom Penh,                      the United States.
                                                                                                             uses a Cambodian Top-Level Domain,
                                                     4. Huione Crypto                                        and communicates predominately in the                 4. Huione Crypto
                                                        Huione Crypto provides CVC trading                   Chinese language via a Cambodian                         Huione Crypto, under the name
                                                     services through its ‘‘Huione Exchange’’                website and Telegram Channel operated                 Huione Crypto Spó5ka Z Ograniczona˛
                                                     brand, which it owns and operates.                      from Cambodia. Accordingly, FinCEN                    Odpowiedzialnościa˛, is registered in
                                                     Huione Exchange provides a platform                     finds that reasonable grounds exist to                Poland.52 Despite its Polish registration,
                                                     for its customers to trade CVC using                    conclude that Huione Group is operated                however, FinCEN assesses that Huione
                                                     either its ‘‘peer to peer’’ or                          from and located in Cambodia and thus                 Crypto operates in and from
                                                     ‘‘centrali[z]ed exchange platform.’’ 45 In              operates outside of the United States.                Cambodia.53 Huione Crypto is registered
                                                     other words, Huione Crypto is a VASP                                                                          as a Money Services Business (MSB) 54
                                                     operating under the Huione Group                        2. Haowang Guarantee (Formerly                        with FinCEN; however, FinCEN has
                                                     umbrella, and other Huione Group                        Huione Guarantee)                                     found no evidence consistent with
                                                     entities use Huione Crypto’s                               Haowang Guarantee operates                         activity in the United States by this
                                                     infrastructure to engage in CVC                         Telegram-based marketplace that allows                entity. FinCEN assesses that the
                                                     transactions. Separately, Huione Crypto                 its customers to buy and sell goods and               ‘‘Group’’ referenced in Huione Crypto’s
                                                     issues the USDH stablecoin.46 By                        services, relying on other Huione Group               Standard Terms and Conditions refers
                                                     facilitating CVC value exchanges for its                services and infrastructure to execute                to Huione Group, and that Huione
                                                     customers through its trading platform,                 the exchanges. Haowang Guarantee                      Crypto’s CVC services share
                                                     and by issuing a stablecoin that                        appears to serve, in significant part,                infrastructure with Huione Pay PLC and
                                                     facilitates the transfer of money outside               fraudsters based in Southeast Asia.                   Haowang Guarantee, and collectively
                                                     the conventional financial institution                  FinCEN assesses that Haowang                          comprise a single organization.
                                                     systems, Huione Crypto is engaged in                    Guarantee deliberately obfuscates its                    Regardless of this distinction, FinCEN
                                                                                                             location in order to shield its enterprise            will discuss Huione Crypto as a related,
                                                     license was revoked by the Cambodian government.
                                                                                                             and customers from law enforcement.                   but distinct subsidiary of Huione Group.
                                                     See Radio Free Asia, Exclusive: World’s Largest                                                               Huione Crypto advertises jobs in Phnom
                                                     online black market’ Loses banking license (Mar. 6,     Haowang Guarantee is integrated into
                                                     2025), https://www.rfa.org/english/cambodia/ 2025/      Huione Group’s operations and is                      Penh, Cambodia indicating it is likely
                                                     03/06/huione-cambodia-cyberscam-cryptocurrency/
                                                     . Huione Group responded to the allegations,
                                                                                                             apparently subject to Huione Group’s                    48 Telegram, Huione Branch, https://t.me/
                                                     refuting them by noting that Huione Pay PLC does        control. FinCEN assesses that it is                   huionestoreaddress/7 (last accessed Mar. 27, 2025).
                                                     not require a banking license for its operations.       operated from Cambodia and Haowang                      49 Telegram, Huione Group Customer Service
                                                     Telegram, Huione Group Customer Service, Huione         Guarantee advertises job opportunities                Center, https://t.me/huionekf/138 (last accessed
                                                     Statement (Mar. 9, 2025), https://t.me/huionekf/                                                              Mar. 27, 2025).
                                                     346. However, as of March 10, 2025, Huione Pay          based in Phnom Phen, Cambodia.
                                                                                                                                                                     50 Recorded Future, Myanmar rebels take control
                                                     PLC is still listed as having an active license for     Accordingly, FinCEN finds that
                                                                                                                                                                   of ‘pig butchering’ scam city amid China pressure
                                                     ‘‘other financial services activities.’’ See Cambodia   reasonable grounds exist to conclude
                                                     Corporate Registry, Huione Search, https://                                                                   on junta (Jan. 8, 2024), https://therecord.media/
                                                     www.businessregistration.moc.gov.kh/cambodia-
                                                                                                             that Haowang Guarantee is operated                    myanmar-rebels-control-pig-butchering-scam-hub.
                                                     master/service/                                         from and located in Cambodia and thus                   51 National Bank of Cambodia, List of Payment

                                                     create.html?targetAppCode=cambodia-                     operates outside of the United States.                Service Institutions (Dec. 31, 2024), https://
                                                     master&targetRegisterAppCode=cambodia-br-                                                                     www.nbc.gov.kh/download_files/data/english/En/
                                                     companies&service=registerItemSearch (last              3. Huione Pay PLC                                     EN-PSIs.pdf (last accessed Mar. 21, 2025).
                                                                                                                                                                     52 Polish corporate registration database, Huione
                                                     accessed Mar. 27, 2025).
                                                        44 FinCEN assesses that Huione International           Huione Pay PLC operates eight                       Crypto SPÓ4KA Z OGRANICZONA           ˛
                                                     Payments is part of Huione Pay PLC and that the         Cambodian domestic branch locations,                  ODPOWIEDZIALNOŚCIA       ˛ , https://
                                                     entity supports Haowang Guarantee’s facilitation of                                                           www.biznes.gov.pl/en/wyszukiwarka-firm/wpis/krs/
                                                     transactions connected to money laundering
                                                                                                             located in Battambang, Phnom Penh,                    0001043802 (last accessed Mar. 27, 2025).
                                                     activities. See Elliptic, Huione Guarantee: The                                                                 53 Huione Crypto, Career Opportunities, https://

ddrumheller on DSK120RN23PROD with PROPOSALS1
                                                     multi-billion dollar marketplace used by online           47 The Record, Tether freezes $29 million of        Huione.io/en-US/careerOpportunities (last accessed
                                                     scammers (July 9, 2024, updated Mar. 27, 2025),         cryptocurrency connected to Cambodian                 Mar. 27, 2025); Huione Crypto, Legal, https://
                                                     https://www.elliptic.co/blog/cyber-scam-                marketplace accused of fueling scams (July 15,        www.huione.io/en-US/termsAndConditions/
                                                     marketplace; The New York Times, How Scammers           2024), https://therecord.media/tether-freezes-29-     userAgreement (last accessed Mar. 27, 2025);
                                                     Launder Money and Get Away With It (Mar. 23,            million-crypto-connected-to-scam-marketplace; see     Huione Pay PLC, www.huionepay.com.kh (last
                                                     2025), https://www.nytimes.com/2025/03/23/world/        also ICANN, Huione.com, https://lookup.icann.org/     accessed Mar. 27, 2025).
                                                     asia/cambodia-money-laundering-huione.html.             en/huione.com; Elliptic, Huione Guarantee: The          54 For more information on what type of business
                                                        45 Huione Crypto, Legal, https://www.huione.io/
                                                                                                             multi-billion dollar marketplace used by online       or activity requires registration as a money service
                                                     en-US/termsAndConditions/userAgreement (last            scammers (July 9, 2024, updated Mar. 27, 2025),       business, see FinCEN, Money Services Business
                                                     accessed Mar. 27, 2025).                                https://www.elliptic.co/blog/cyber-scam-              Definition, https://www.fincen.gov/money-services-
                                                        46 See supra Section II.                             marketplace.                                          business-definition.

                                                VerDate Sep<11>2014   16:16 May 02, 2025   Jkt 265001   PO 00000   Frm 00009   Fmt 4702   Sfmt 4702   E:\FR\FM\05MYP1.SGM   05MYP1
                                                                               Federal Register / Vol. 90, No. 85 / Monday, May 5, 2025 / Proposed Rules                                                   18939

                                                     operated out of Cambodia, instead of                       Based on the foregoing, FinCEN                     through both public and non-public
                                                     Poland. Additionally, the Standard                      assesses that Huione Group and the                    reporting, and after thorough
                                                     Terms and Conditions of Huione Crypto                   Subsidiaries are predominately operated               consideration of each of the following
                                                     state that the ‘‘Group provides the                     from and located in Cambodia, with a                  factors: (1) Huione Group provides
                                                     Services through www.7572.com, the                      limited connection—a corporate                        services that DPRK government entities
                                                     Group’s mobile application or any                       registration—to Poland. While the three               use to launder the proceeds of cyber
                                                     Huione application programming                          MSB registrations by Huione Crypto,                   heists; (2) TCOs based in Southeast Asia
                                                     interface.’’ The listed web page                        Huione Pay Inc., and Huione LTD                       have used Huione Group to launder
                                                     (www.7572.com) automatically redirects                  suggest that Huione Group may intend                  illicit proceeds of cyber scams,
                                                     to the website of Huione Pay PLC                        to expand its business to the United                  including CVC investment scams; and
                                                     (www.huionepay.com.kh).55 Indeed,                       States in the future, as of the date of this          (3) Huione Group operates an illicit
                                                     Huione Crypto’s terms expressly                         NPRM, FinCEN is not aware of any                      online market.
                                                     disclaim that persons inside the United                 physical presence by Huione Group or
                                                     States may not avail themselves of                      the Subsidiaries in the United States or              1. Huione Group Facilitates
                                                     Huione Group’s services.56 Accordingly,                 any substantial business with customers               Transactions for DPRK Actors To
                                                     FinCEN finds that reasonable grounds                    in the United States.                                 Launder Funds From Sanctions Evasion
                                                     exist to conclude that Huione Crypto is                    Accordingly, FinCEN finds that there               and Cyber Heists
                                                     operated from and located in Cambodia                   are reasonable grounds to conclude that
                                                                                                             Huione Group and the Subsidiaries are                    DPRK-affiliated actors have
                                                     and thus operates outside of the United                                                                       extensively used the Huione Group to
                                                     States.                                                 foreign financial institutions that
                                                                                                             operate outside the United States.                    launder stolen CVC for the benefit of the
                                                     5. Huione Group’s Registrations With                                                                          DPRK government and in support of
                                                                                                             IV. Finding That Huione Group Is of                   DPRK’s WMD and ballistic missile
                                                     FinCEN and Absence of United States
                                                                                                             Primary Money Laundering Concern                      programs, in violation of U.S. and
                                                     Operations
                                                                                                               Pursuant to 31 U.S.C. 5318A(a)(1),                  multilateral sanctions programs,
                                                        The most evidence of activity in the                 FinCEN finds that reasonable grounds                  including United Nation Security
                                                     United States by Huione Group or the                    exist for concluding that Huione                      Council Resolutions (UNSCRs). The
                                                     Subsidiaries are three MSB                              Group 59 is of primary money                          United States has consistently taken
                                                     registrations 57 with FinCEN and an                     laundering concern. Below is a                        measures to counter DPRK’s abuse of
                                                     address reported on two registrations.58                discussion of the relevant statutory                  CVC and protect the United States from
                                                     In April 2023, Huione Crypto registered                 institutional factors FinCEN considered               DPRK’s illicit financial activity.61
                                                     as a dealer in foreign exchange, and                    in making this finding related to this                However, as outlined in Treasury’s 2024
                                                     provided a business address in Phnom                    Cambodia-based financial institution.                 National Proliferation Financing Risk
                                                     Penh, Cambodia, while noting no                                                                               Assessment, DPRK has continued to
                                                                                                             A. The Extent to Which Huione Group
                                                     branches in the United States. In August                                                                      advance its illicit exploitation of new
                                                                                                             Is Used To Facilitate or Promote Money
                                                     2024, Huione Pay Inc. registered to                                                                           financial technology, including the theft
                                                                                                             Laundering, Including Any Money
                                                     conduct multiple MSB activities,                                                                              and laundering of CVC, to raise and
                                                                                                             Laundering Activity by Organized
                                                     including check cashing, dealing in                                                                           move money to fund its illicit weapons
                                                                                                             Criminal Groups, International
                                                     foreign exchange, and money                                                                                   programs.62 Indeed, a United Nations
                                                                                                             Terrorist, or Entities Involved in the
                                                     transmission. Huione Pay Inc. provided                                                                        Panel of Experts (UN POE) found that
                                                                                                             Proliferation WMD or Missiles
                                                     an address in Denver, Colorado                                                                                the malicious cyber activities of the
                                                     associated with a virtual mail                             Under section 311, in deciding to                  DPRK generates approximately 50
                                                     forwarding service, and it also noted no                apply one or more special measures,                   percent of its foreign currency income.
                                                     branches in the United States. Finally,                 FinCEN may consider the extent to                     In its March 2024 annual report, the UN
                                                     in February 2025, Huione LTD                            which the financial institution is ‘‘used             POE indicated that it was investigating
                                                     registered as a dealer in foreign                       to facilitate or promote money                        17 CVC heists in 2023 for which the
                                                     exchange, money transmitter, and seller                 laundering’’ including ‘‘any money                    DPRK may be responsible, valued at
                                                     of money orders, and noted no branches                  laundering activity by organized                      more than USD 750 million.63
                                                     in the United States. Huione LTD                        criminal groups, international terrorists,
                                                     appears to use the same Denver,                         or entities involved in the proliferation             a. Background on CVC Heists Carried
                                                     Colorado mail forwarding service as                     of weapons of mass destruction or                     Out by DPRK
                                                     Huione Pay Inc. FinCEN has not                          missiles.’’ 60 FinCEN assesses that
                                                                                                             Huione Group is used to facilitate and                  In the same March 2024 report, the
                                                     identified any actual physical location                                                                       UN POE noted it was investigating 58
                                                     or other information suggesting Huione                  promote money laundering, particularly
                                                                                                             in support of illicit financial activities            suspected cyberattacks by DPRK’s
                                                     Group or the Subsidiaries are actually                                                                        Reconnaissance General Bureau
                                                     operating in the United States.                         connected to the Democratic People’s
                                                                                                             Republic of Korea (DPRK) and Southeast
                                                                                                                                                                      61 See FinCEN, READOUT: FinCEN Hosts Public-
                                                       55 See FinCEN, MSB Registrant Search, Huione,
                                                                                                             Asia-based TCOs. Because Huione
                                                                                                                                                                   Private Dialogue on Countering the DPRK’s Illicit
                                                     https://www.fincen.gov/msb-state-selector.              Group has shared infrastructure with its              Cyber Activities (Aug. 31, 2023), https://
                                                       56 Huione Crypto, Legal, https://www.huione.io/       constituent entities, the structure makes             www.fincen.gov/news/news-releases/readout-

ddrumheller on DSK120RN23PROD with PROPOSALS1
                                                     en-US/termsAndConditions/userAgreement (last            it challenging to ascertain the specific              fincen-hosts-public-private-dialogue-countering-
                                                     accessed Mar. 27, 2025).                                subsidiary involved in any particular                 dprks-illicit-cyber.
                                                       57 FinCEN’s MSB Registrant Search web page                                                                     62 Department of the Treasury, National
                                                                                                             transaction. FinCEN bases this
                                                     reflects only what the registrant has provided to                                                             Proliferation Financing Risk Assessment (Feb. 7,
                                                     FinCEN, and FinCEN does not approve or endorse          assessment on information available                   2024), at pp. 2, 18, https://home.treasury.gov/
                                                     any business that has registered as an MSB.                                                                   system/files/136/2024-National-Proliferation-
                                                       58 An examiner attempted to contact Huione Pay          59 As described in section III, Huione Group is a   Financing-Risk-Assessment.pdf.
                                                     Inc. at the Denver, Colorado location in November       parent entity that controls three subsidiaries: (a)      63 United Nations, S/2024/215, UN Panel of

                                                     2024, but the examiner did not identify a Huione        Haowang Guarantee; (b) Huione Pay PLC; and (c)        Experts Letter (Mar. 7, 2024), at p. 60, https://
                                                     Pay representative, nor any other evidence of a         Huione Crypto.                                        documents.un.org/doc/undoc/gen/n24/032/68/pdf/
                                                     physical presence by Huione Pay.                          60 31 U.S.C. 5318A(c)(2)(B)(i).                     n2403268.pdf.

                                                VerDate Sep<11>2014   16:16 May 02, 2025   Jkt 265001   PO 00000   Frm 00010   Fmt 4702   Sfmt 4702   E:\FR\FM\05MYP1.SGM   05MYP1
                                                     18940                     Federal Register / Vol. 90, No. 85 / Monday, May 5, 2025 / Proposed Rules

                                                     (RGB),64 to which the Lazarus Group 65                  of CVC being prepared for laundering                     profile heist such as this. In total,
                                                     is related, on CVC companies between                    through VASPs.69                                         FinCEN’s analysis has identified that
                                                     2017 and 2023, valued at approximately                                                                           Huione Group has received at least USD
                                                                                                             b. Huione Group’s Laundering of
                                                     USD 3 billion. FinCEN assesses that                                                                              37.6 million worth of CVC from DPRK
                                                                                                             Proceeds of DPRK Cyber Heists
                                                     these funds likely bolstered DPRK’s                                                                              cyber actors stemming from DPRK-
                                                     WMD development.66 The Federal                             Despite the 2023 FBI alert and other                  attributed heists.
                                                                                                             public reporting, Huione Group has                          On multiple occasions between 2022
                                                     Bureau of Investigation (FBI), the
                                                                                                             continued to receive and process these                   and 2024, a DPRK national with deep
                                                     Cybersecurity and Infrastructure
                                                                                                             illicit proceeds. There is wide reporting                ties to the RGB, DPRK’s primary foreign
                                                     Security Agency (CISA), and Treasury                    that Huione Group has received stolen
                                                     issued a joint Cybersecurity Advisory to                                                                         intelligence organization, worked with
                                                                                                             CVC from multiple heists linked to                       Huione Pay PLC officials to transfer
                                                     highlight the cyber threat associated                   DPRK actors, namely the Lazarus
                                                     with cryptocurrency thefts and tactics                                                                           CVC and fiat currency. FinCEN assesses
                                                                                                             Group.70 For example, between June                       that senior Huione Pay PLC leadership
                                                     used by the DPRK state-sponsored                        2023 and February 2024, a CVC wallet                     was aware of the individual’s affiliation
                                                     advanced persistent threat group, since                 used by the Lazarus Group sent CVC                       with DPRK. This DPRK national
                                                     at least 2020.67 The U.S. government has                valued at over USD 150,000 to Huione                     maintained personal relationships with
                                                     observed DPRK cyber actors targeting a                  Group.71                                                 multiple Huione Pay PLC officials and
                                                     variety of organizations in the                            FinCEN conducted blockchain                           regularly met in person with at least one
                                                     blockchain technology and                               analysis, using commercially available                   of these officials. In late 2023, the DPRK
                                                     cryptocurrency industry, including                      blockchain analytic software, of flows of
                                                                                                                                                                      national worked with Huione Pay PLC
                                                     cryptocurrency exchanges,                               CVC associated with several heists
                                                                                                                                                                      officials to convert CVC into fiat
                                                     decentralized finance protocols, play-to-               carried out by DPRK. This analysis
                                                                                                                                                                      currency and subsequently transfer fiat
                                                     earn CVC video games, CVC trading                       identified that Huione Group received a
                                                                                                                                                                      currency to an associate. In total, the
                                                     companies, venture capital funds                        combined total of approximately USD
                                                                                                                                                                      DPRK national transferred CVC values
                                                     investing in CVC, and individual                        2.6 million worth of CVC from the June
                                                                                                                                                                      at tens of thousands USD to the Huione
                                                                                                             2, 2023 Atomic Wallet heist and the
                                                     holders of large amounts of                                                                                      Pay PLC official. In mid-2023, the DPRK
                                                                                                             June 22, 2023 Coinspaid 72 and Alphapo
                                                     cryptocurrency or valuable non-fungible                                                                          national also planned to remit USD
                                                                                                             heists.73 In July 2024, Huione Group
                                                     tokens.68 FinCEN assesses that, over                                                                             internationally to Hong Kong and
                                                                                                             received USD 35 million worth of stolen
                                                     time, the DPRK’s money laundering                       CVC, later attributed to the Lazarus                     sought Huione Pay PLC officials help to
                                                     processes have become more complex in                   Group by the FBI, from the May 2024                      do so.
                                                     order to evade OFAC sanctions, law                      heist targeting DMM, a Japanese                             Given the opacity of Huione Group
                                                     enforcement, and BSA reporting                          VASP.74 While the DMM heist was not                      and the inherent limitation of
                                                     obligations from hacked entities or CVC                 initially attributed to the Lazarus Group                blockchain analytics, FinCEN is largely
                                                     entities used in the laundering process.                (or any other prohibited entity or                       unable to determine what DPRK actors
                                                     In fact, in August 2023, the FBI alerted                jurisdiction), the heist itself was widely               do with the CVC after they send it to
                                                     the public to several thefts from CVC                   reported by the time Huione Group                        Huione Group. However, given the close
                                                     companies that it attributed to the                     received the CVC, and FinCEN would                       connection between Huione Pay PLC
                                                     Lazarus Group and warned that there                     expect covered financial institutions to                 officials and DPRK nationals with close
                                                     could be another USD 40 million worth                   have an effective AML/KYC program to                     ties to DPRK’s RGB, FinCEN assesses
                                                                                                             appropriately monitor transactions for                   DPRK most likely uses Huione Group to
                                                        64 On January 2, 2015, OFAC sanctioned DPRK’s        red flags indicating connections to high                 convert CVC to fiat currencies.
                                                     RGB for being a controlled entity of the Government                                                              2. Huione Group’s Laundering of
                                                     of North Korea. See Department of the Treasury,           69 FBI, FBI Identifies Cryptocurrency Funds
                                                                                                                                                                      Proceeds of Organized Criminal Groups’
                                                     Press Release, Treasury Imposes Sanctions Against       Stolen by DPRK (Aug. 22, 2023), https://
                                                     the Government of The Democratic People’s               www.fbi.gov/news/press-releases/fbi-identifies-          Cyber Scams
                                                     Republic Of Korea (Jan. 2, 2015), https://              cryptocurrency-funds-stolen-by-dprk.                        Huione Group also has significant
                                                     home.treasury.gov/news/press-releases/jl9733. RGB          70 The U.S. government has previously issued

                                                     was also previously listed in the annex to E.O.         advisories to publicly highlight the Lazarus Group’s     exposure to, and has facilitated
                                                     13551 on August 30, 2010. Executive Order 13551,        threat and tactics associated with CVC theft             transactions associated with suspected
                                                     ‘‘Blocking Property of Certain Persons With Respect     targeting organizations in the blockchain and CVC        fraud activity, including CVC
                                                     to North Korea,’’ 75 FR 53837 (Aug. 30, 2010).          industry. See CISA, AA22–108A, TraderTraitor:            investment scams, also referred to as
                                                        65 This group is commonly referred to by the         North Korean State-Sponsored APT Targets
                                                                                                             Blockchain Companies (Apr. 20, 2022), https://           pig-butchering. FinCEN assesses that
                                                     cybersecurity industry as Lazarus Group, APT38,
                                                     BlueNoroff, and Stardust Chollima. For the              www.cisa.gov/news-events/cybersecurity-advisories/       Huione Group’s extensive CVC services
                                                                                                             aa22-108a.                                               and its online marketplace, Haowang
                                                     purposes of this NPRM, FinCEN will refer to this           71 Reuters, Exclusive: North Korean hackers sent
                                                     group as Lazarus Group. See Department of the                                                                    Guarantee, has made Huione Group, a
                                                     Treasury, Press Release, Treasury Sanctions North       stolen crypto to wallet used by Asian payment firm
                                                                                                             (July 15, 2024), https://www.reuters.com/                ‘‘one stop shop’’ for criminals to launder
                                                     Korean State-Sponsored Malicious Cyber Group
                                                                                                             technology/cybersecurity/north-korean-hackers-           CVC obtained through illicit activities,
                                                     (Sept. 13, 2019), https://home.treasury.gov/news/
                                                     press-releases/sm774.
                                                                                                             sent-stolen-crypto-wallet-used-by-asian-payment-         and ultimately convert it to fiat
                                                                                                             firm-2024-07-15/.
                                                        66 Department of the Treasury, Press Release,
                                                                                                                72 FBI, FBI Identifies Cryptocurrency Funds
                                                                                                                                                                      currency.
                                                     Treasury Imposes Sanctions Against the                  Stolen by DPRK (Aug. 22, 2023), https://                 a. Background on CVC Investment

ddrumheller on DSK120RN23PROD with PROPOSALS1
                                                     Government of The Democratic People’s Republic          www.fbi.gov/news/press-releases/fbi-identifies-
                                                     Of Korea (Jan. 2, 2015), https://home.treasury.gov/     cryptocurrency-funds-stolen-by-dprk.
                                                                                                                                                                      Scams
                                                     news/press-releases/jl9733.
                                                        67 Department of the Treasury, Press Release,
                                                                                                                73 Id.
                                                                                                                                                                        In 2023, FinCEN published an alert on
                                                                                                                74 FBI, FBI, DC3, and NPA Identification of North
                                                     Treasury Sanctions North Korean State-Sponsored                                                                  the ‘‘Pig Butchering’’ CVC investment
                                                                                                             Korean Cyber Actors, Tracked as TraderTraitor,
                                                     Malicious Cyber Groups (Sept. 13, 2019), https://       Responsible for Theft of $308 Million USD from           scams.75 These scams are largely
                                                     home.treasury.gov/news/press-releases/sm774.            Bitcoin.DMM.com (Dec. 23, 2024), https://
                                                        68 CISA, AA22–108A, TraderTraitor: North                                                                        75 FinCEN, FIN–2023–Alert005, FinCEN Alert on
                                                                                                             www.fbi.gov/news/press-releases/fbi-dc3-and-npa-
                                                     Korean State-Sponsored APT Targets Blockchain           identification-of-north-korean-cyber-actors-tracked-     Prevalent Virtual Currency Investment Scam
                                                     Companies (Apr. 20, 2022), https://www.cisa.gov/        as-tradertraitor-responsible-for-theft-of-308-million-   Commonly Known as ‘‘Pig Butchering’’ (Sept. 8,
                                                     news-events/cybersecurity-advisories/aa22-108a.         from-bitcoindmmcom.                                      2023), https://www.fincen.gov/sites/default/files/

                                                VerDate Sep<11>2014   16:16 May 02, 2025   Jkt 265001   PO 00000   Frm 00011   Fmt 4702   Sfmt 4702   E:\FR\FM\05MYP1.SGM     05MYP1
                                                                                Federal Register / Vol. 90, No. 85 / Monday, May 5, 2025 / Proposed Rules                                                     18941

                                                     perpetrated by criminal organizations                   CVC to Huione Group, CVC is then                       governing the use of its services. In
                                                     based in Southeast Asia, who use                        converted to fiat currency or different                relevant part, the agreement prohibits
                                                     victims of human trafficking to conduct                 CVC, or withdrawn at a later point to                  the use of Huione Crypto’s platform by
                                                     outreach to millions of unsuspecting                    move to a different VASP, as part of the               citizens, nationals or residents of
                                                     individuals around the world. The                       money laundering process.                              particular countries, including the
                                                     frontline scammers in these schemes are                                                                        United States, Iran or North Korea, as
                                                                                                             3. Huione Group’s Lax Anti-Money
                                                     themselves often victims of trafficking,                                                                       well as individuals sanctioned under
                                                                                                             Laundering Policies and Procedures
                                                     including forced labor, and are                                                                                various national regimes, including
                                                     subjected to physical and mental abuse.                    The risks presented by Huione                       those of the United States and United
                                                     The traffickers also force victims to                   Group’s association with illicit actors                Nations. The agreement also states that
                                                     work up to 15 hours a day and, in some                  and transactions linked to illicit activity            ‘‘the [u]ser may not use the interface or
                                                     cases, ‘‘resell’’ victims to other scam                 are compounded by either an absence                    services to disguise the origin or nature
                                                     operations or subject them to sex                       of, or ineffective, AML/KYC policies                   of illicit proceeds.’’ 82 However, the
                                                     trafficking.76                                          and procedures among Huione Group’s                    extent of the criminal and money
                                                        Once trust or a relationship has been                components, as well as recent changes                  laundering activity on Huione Crypto’s
                                                     established, the scammer will introduce                 that have served to obfuscate Huione                   platforms that violate its terms and
                                                     the victim to a supposedly lucrative                    Group’s involvement in illicit activity.               conditions agreement reflects that its
                                                     investment opportunity in CVC and                       For example, in July 2024, Huione                      AML/KYC program is either ineffective
                                                     direct them to use CVC investment                       Group was the subject of reporting by                  or unenforced.
                                                     websites or applications designed to                    several blockchain analytic firms                         Despite this, and as described in
                                                     appear legitimate, but are instead                      describing the use of its various services             greater detail in section IV. A.1–2, since
                                                     fraudulent and ultimately controlled or                 by TCOs for scam activity, including                   at least August 2021, FinCEN
                                                     manipulated by the scammer. When a                      those offered by Haowang Guarantee.78                  identified—through analysis of non-
                                                     victim’s pace of investment slows or                    Elliptic reported that Haowang                         public information—that Huione Group
                                                     stops, the scammer will use even more                   Guarantee offered scam-enabling                        received at least USD 37 million worth
                                                     aggressive tactics to extract any final                 products and services used by scam                     of illicit proceeds from sanctioned
                                                     payments. The scammer may present                       compound operators to imprison and                     entities—including DPRK entities—and
                                                     the victim with supposed losses on the                  torture their workers. The products                    at least USD 300 million worth of CVC
                                                     investment and encourage them to make                   included tear gas, electric batons, and                from various cyber and CVC scam
                                                     up the difference through additional                    electronic shackles, among other related               activity. FinCEN’s analysis identified
                                                     deposits. If the victim attempts to                     devices. The same month, in a post to                  that, in the aggregate, Huione Group has
                                                     withdraw their investment, the scammer                  its website in response to the adverse                 received at least USD 4 billion worth of
                                                     may demand that the victim pay                          media reporting, Haowang Guarantee                     illicit proceeds, between August 2021
                                                     purported taxes or early withdrawal                     confirmed that ‘‘detention equipment’’                 and January 2025.83 This large-scale,
                                                     fees. Once the victim is unable or                      is not necessarily human trafficking.’’ 79             persistent use of Huione Group by
                                                     unwilling to pay more into the scam, the                Subsequent to these events, Huione                     DPRK actors and TCO-driven CVC
                                                     scammer will abruptly cease                             Group, namely Huione Pay PLC,                          investment scams to launder their illicit
                                                     communication with the victim, taking                   removed all references to Haowang                      proceeds belies the adequacy or
                                                     the victim’s entire investment with                     Guarantee from its websites.80                         effectiveness of Huione Group’s AML/
                                                                                                                Neither Huione Pay PLC nor Haowang                  KYC procedures.
                                                     them.77
                                                                                                             Guarantee have published AML/KYC                          Huione Group itself has conceded the
                                                     b. Huione Group’s Laundering of                         policies.81 Huione Crypto does not have                deficiencies in its AML regime. In a July
                                                     Proceeds of Cyber Scams, Including                      a published AML/KYC policy either.                     2024 media statement, for example,
                                                     CVC Investment Scams                                    Rather, it maintains a ‘‘standard terms                Huione Group stated ‘‘our [Know Your
                                                        Based on FinCEN analysis of non-                     and conditions’’ on its website                        Customer] capabilities are now seriously
                                                     public information, Huione Group                                                                               insufficient.’’ 84 This statement was
                                                     received at least USD 36 million worth
                                                                                                               78 See Chainalysis, 2024 Crypto Crime Mid-year
                                                                                                                                                                    made after previously claiming earlier
                                                                                                             Update Part 2: China-based CSAM and Cybercrime         that month—in response to public
                                                     of CVC investment scam proceeds since                   Networks on the Rise, Pig Butchering Scams
                                                     at least August 2021. More broadly, the                 Remain Lucrative (Aug. 29, 2024), https://             identification of one heist, the proceeds
                                                     analysis identified that in the aggregate,              www.chainalysis.com/blog/2024-crypto-crime-mid-        of which were transmitted to Huione
                                                                                                             year-update-part-2/; Elliptic, Huione: The Company
                                                     inclusive of the cyber scam proceeds,                   Behind the Largest Ever Illicit Online Marketplace        82 Huione Crypto, Legal, https://www.huione.io/
                                                     Huione Group received approximately                     Has Launched a Stablecoin (Jan. 14, 2025), https://    en-US/termsAndConditions/userAgreement (last
                                                     USD 300 million worth of CVC relating                   www.elliptic.co/blog/huione-largest-ever-illicit-      accessed Mar. 27, 2025).
                                                     to other cyber scams. Despite the                       online-marketplace-stablecoin.                            83 By illicit category, Huione Group has received
                                                                                                               79 Haowang Guarantee, To all public friends on
                                                     limitations noted above, FinCEN                                                                                the following proceeds in CVC, denominated in
                                                                                                             social media (July 17, 2024), https://                 equivalent USD value: USD 1,363 from child sexual
                                                     assesses that, after illicit actors send                www.yu444.com/gonggao/detail/2237.                     abuse material; USD 618,861 from Darknet Markets/
                                                                                                               80 Elliptic, Huione: The Company Behind the
                                                                                                                                                                    Illicit Cyber Vendors; USD 3,246 from FinCEN
                                                     shared/FinCEN_Alert_Pig_Butchering_FINAL_               Largest Ever Illicit Online Marketplace Has            Primary Money Laundering Concerns; USD
                                                     508c.pdf.                                               Launched a Stablecoin (Jan. 14, 2025), https://        3,248,510,440 from Identified Illicit Cyber actors;
                                                        76 Department of the Treasury, Press Release,        www.elliptic.co/blog/huione-largest-ever-illicit-      USD 47,393,602 from VASPs without KYC policies;

ddrumheller on DSK120RN23PROD with PROPOSALS1
                                                     Treasury Sanctions Cambodian Tycoon and                 online-marketplace-stablecoin.                         USD 407,129,792 from OFAC Specially Designated
                                                     Businesses Linked to Human Trafficking and                81 Repeated searches of their respective websites,   Nationals (U.S. sanctioned entities); USD
                                                     Forced Labor in Furtherance of Cyber and Virtual        including most recently on March 27, 2025, failed      347,549,705 from Scams; USD 22,133,556 from
                                                     Currency Scams (Sept. 12, 2024), https://               to yield any evidence of a policy. Haowang             seized and/or stolen funds; and 2,627,009 from
                                                     home.treasury.gov/news/press-releases/jy2576.           Guarantee’s website did contain cursory fraud          terrorist financing.
                                                        77 FinCEN, FIN–2023–Alert005, FinCEN Alert on        indicators available to customers, however, in            84 See ABC News, Cambodian online marketplace

                                                     Prevalent Virtual Currency Investment Scam              FinCEN’s assessment, this falls short of reasonable    outed as one-stop shop for scammers’ money
                                                     Commonly Known as ‘‘Pig Butchering’’ (Sept. 8,          policies and procedures aimed at combatting money      laundering and ‘detention equipment’ needs (July
                                                     2023), at p. 4, https://www.fincen.gov/sites/default/   laundering. See Haowang Guarantee, Fangpian,           26, 2024), https://www.abc.net.au/news/2024-07-
                                                     files/shared/FinCEN_Alert_Pig_Butchering_FINAL_         https://hwdb.la/fangpian (last accessed Mar. 27,       27/online-marketplace-for-money-laundering-and-
                                                     508c.pdf.                                               2025).                                                 scammers/104131624.

                                                VerDate Sep<11>2014   16:16 May 02, 2025   Jkt 265001   PO 00000   Frm 00012   Fmt 4702   Sfmt 4702   E:\FR\FM\05MYP1.SGM   05MYP1
                                                     18942                      Federal Register / Vol. 90, No. 85 / Monday, May 5, 2025 / Proposed Rules

                                                     Pay PLC—that it had not known that                        Given the various aggravating factors               transactions through U.S. correspondent
                                                     Huione Pay PLC ‘‘received funds                         described above, FinCEN finds that the                bank accounts, between December 2020
                                                     indirectly’’ from the heist, due to the                 Huione Group—with its weak and                        and December 2024.
                                                     layers of transactions between the                      ineffective AML policies, procedures,                    Huione Group’s activity, through
                                                     source of the heist and the Huione                      and controls, provision of services that              these constituent services, indicates
                                                     Group-owned wallets that ultimately                     offer anonymity and an ability to evade               some legitimate business transiting the
                                                     received the funds.85                                   sanctions, and development of a                       financial institution. However, under
                                                                                                             stablecoin designed to hinder the ability             the totality of circumstances, FinCEN
                                                     4. Huione Group Is Expanding                            of law enforcement to recover the                     assesses that the benefits of any
                                                     Problematic CVC-Related Operations                      proceeds of crime—is being used                       legitimate business activities Huione
                                                     Despite Regulatory Prohibition                          extensively to facilitate or promote                  Group conducts are outweighed by the
                                                                                                             money laundering, in particular by                    substantial money laundering risks it
                                                        Further illustrating the money                                                                             poses.
                                                                                                             organized criminal groups and entities
                                                     laundering risk posed by Huione Group
                                                                                                             involved in the proliferation WMD or                  C. The Extent to Which Action Proposed
                                                     is the fact that a significant portion of
                                                                                                             missiles.                                             by FINCEN Would Guard Against
                                                     its assessed illicit transactional activity
                                                     involves CVC, which the National Bank                   B. The Extent to Which Huione Group                   International Money Laundering and
                                                     of Cambodia, Huione Group’s primary                     Is Used for Legitimate Business                       Other Financial Crimes
                                                     regulator, expressly prohibits. In a 2024               Purposes                                                Under section 311 and FinCEN’s
                                                     public statement, the National Bank of                     Under section 311 and FinCEN’s                     delegated authority, in deciding to
                                                     Cambodia stated that payment firms are                  delegated authority, in deciding to                   apply one or more special measures,
                                                     ‘‘not allowed to deal or trade any                      apply one or more special measure,                    FinCEN may consider the extent to such
                                                     cryptocurrencies and digital assets.’’ 86               FinCEN may consider the extent to                     action is ‘‘sufficient to ensure,’’ that the
                                                     Despite this prohibition, Huione Group                  which the financial institutions ‘‘are                purpose of section 311 ‘‘continue[s] to
                                                     has continued to develop its CVC                        used for legitimate business                          be fulfilled, and to guard against
                                                     services and has even expanded its CVC                  purposes.’’ 89 In addition to the payment             international money laundering and
                                                     offerings in recent months. In                          and CVC exchange services outlined in                 other financial crimes.’’ 92 A finding that
                                                     September 2024, Huione Group                            this NPRM, the Huione Group                           Huione Group is of primary money
                                                     launched USDH, a stablecoin it                          advertises ostensibly legitimate business             laundering concern would make clear
                                                     explicitly advertised as ‘‘unfreezable’’                services, such as systems for telephone,              the illicit finance risk it poses to
                                                     and ‘‘not restricted by traditional                     water, and electricity bill payments.                 domestic financial institutions, and by
                                                     regulatory agencies.’’ 87 FinCEN assesses               Huione Group also offers a point-of-sale              extension, to their foreign
                                                     that Huione Group is likely taking this                 system for Cambodian businesses,                      correspondents. This awareness is likely
                                                     unusual step to hamper compliance                       though there is no indication such a                  to cause those financial institutions, or
                                                     with applicable anti-money laundering                   system is operational in the United                   their regulators, to take their own action
                                                     laws. Huione Group’s intentional                        States.90 Huione Group’s payment                      to mitigate the risks posed by Huione
                                                     launching of this ‘‘unfreezable’’                       services are also ubiquitous in                       Group. Moreover, such a finding and
                                                     stablecoin differs from other stablecoin                Cambodia, most often in the form of                   subsequent imposition of special
                                                     issuers that generally respond to law                   ‘‘quick response’’ codes, generally                   measure five, as proposed here, would
                                                     enforcement requests to freeze CVC tied                 referred to as ‘‘QR’’ codes. These QR                 protect the U.S. financial system from
                                                     to illicit activity. One particular                     codes are common across Cambodia,                     money laundering and other financial
                                                     example of this contrast occurred in July               and are used to pay hotel, restaurant,                crimes by severing Huione Group’s
                                                     2024, when one stablecoin issuer froze                  and supermarket bills, among other                    access to the U.S. financial system.
                                                     CVC valued at over USD 29 million that                  general purchases. While FinCEN does                  V. Proposed Special Measure
                                                     was located in a Huione Group CVC                       not know the full extent of Huione
                                                     wallet because it was ‘‘associated with                 Group’s legitimate business activity,                    Having found that Huione Group is a
                                                     activities allegedly linked to fraudulent               Huione Group’s transactional volume                   financial institution operating outside of
                                                     and transnational criminal                              since inception is believed to be at least            the United States and is of primary
                                                     operations.’’ 88 By offering USDH, which                USD 49 billion worth of CVC since                     money laundering concern (particularly
                                                     is ‘‘unfreezable,’’ even upon a lawful                  2021,91 including licit and illicit                   regarding its laundering of illicit
                                                     request from law enforcement, Huione                    volume. While FinCEN lacks insight                    proceeds from DPRK-affiliated cyber
                                                     Group facilitates and profits from                      into most of Huione Groups fiat                       heists and CVC investment scams
                                                     money laundering, benefiting TCOs and                   currency transaction activity, additional             carried out by TCOs based in Southeast
                                                     DPRK actors exfiltrating the proceeds of                FinCEN analysis revealed that Huione                  Asia), FinCEN proposes imposing a
                                                     their crimes.                                           Group engaged in at least USD 41                      prohibition on covered financial
                                                                                                             million in cleared international                      institutions under special measure five.
                                                        85 Reuters, Exclusive: North Korean hackers sent                                                           Special measure five authorizes the
                                                     stolen crypto to wallet used by Asian payment firm        89 31 U.S.C. 5318A(c)(2)(B)(ii).                    Secretary to impose conditions upon the
                                                     (July 15, 2024), https://www.reuters.com/                 90 Huione Pay, Service Items: Omni-Directional      opening or maintaining in the United
                                                     technology/cybersecurity/north-korean-hackers-          Service, https://www.huionepay.com.kh/index/          States of a correspondent account or

ddrumheller on DSK120RN23PROD with PROPOSALS1
                                                     sent-stolen-crypto-wallet-used-by-asian-payment-        service?lang=en (last accessed Mar. 27, 2025).
                                                     firm-2024-07-15/.                                                                                             payable-through account, if such
                                                                                                               91 Chainalysis, 2024 Crypto Crime Mid-year
                                                        86 Id.
                                                                                                             Update Part 2: China-based CSAM and Cybercrime
                                                                                                                                                                   account ‘‘involves’’ a financial
                                                        87 Huione Crypto, USDH is a stable currency in
                                                                                                             Networks on the Rise, Pig Butchering Scams            institution of primary money laundering
                                                     one word!, https://huione.io/en-us/introduce (last      Remain Lucrative (Aug. 29, 2024), https://            concern.93 Although Huione Group does
                                                     accessed Mar. 27, 2025).                                www.chainalysis.com/blog/2024-crypto-crime-mid-       not have correspondent accounts with
                                                        88 The Record, Tether freezes $29 million of         year-update-part-2/; The New York Times, How
                                                     cryptocurrency connected to Cambodian                   Scammers Launder Money and Get Away With It
                                                                                                                                                                   U.S. financial institutions, it has
                                                     marketplace accused of fueling scams (July 15,          (Mar. 23, 2025), https://www.nytimes.com/2025/03/
                                                                                                                                                                     92 31 U.S.C. 5318A(c)(2)(B)(iii).
                                                     2024), https://therecord.media/tether-freezes-29-       23/world/asia/cambodia-money-laundering-
                                                     million-crypto-connected-to-scam-marketplace.           huione.html.                                            93 31 U.S.C. 5318A(b)(5).

                                                VerDate Sep<11>2014   16:16 May 02, 2025   Jkt 265001   PO 00000   Frm 00013   Fmt 4702   Sfmt 4702   E:\FR\FM\05MYP1.SGM   05MYP1
                                                                                 Federal Register / Vol. 90, No. 85 / Monday, May 5, 2025 / Proposed Rules                                                 18943

                                                     accounts with foreign financial                            burdens are neither undue nor                         D. The Effect of the Proposed Action on
                                                     institutions that maintain U.S.                            inappropriate in view of the threat                   United States National Security and
                                                     correspondent accounts. Those U.S.                         posed by the illicit activity facilitated by          Foreign Policy
                                                     correspondent accounts involve Huione                      Huione Group. As described above and                    As described above, evidence
                                                     Group when transactions involving the                      according to public and non-public                    available to FinCEN demonstrates that
                                                     financial institution are processed                        information, Huione Group has no                      Huione Group serves as a significant
                                                     through those accounts. Thus, FinCEN                       direct USD correspondent relationships                conduit for money laundering by TCOs
                                                     has determined that special measure                        with U.S. financial institutions and                  engaged in CVC investment scams and
                                                     five will most effectively mitigate the                    instead, accesses USD through nested                  DPRK-related actors engaging in CVC
                                                     risks posed by Huione Group.
                                                                                                                corresponding relationships, outside the              heists. Imposing special measure five
                                                        FinCEN considered the other special
                                                     measures available under section 311.                      United States. These accounts may be                  will: (1) close Huione Group’s access to
                                                     As discussed further in section IV.E.                      used for commercial payments, as well                 USD; (2) inhibit Huione Group’s ability
                                                     below, it determined that none of them                     as foreign exchange and money markets.                to act as an illicit finance facilitator for
                                                     would appropriately address the risks                      Covered financial institutions and                    DPRK and TCOs engaged in CVC
                                                     posed by Huione Group.                                     transaction partners have ample                       investment scams; and (3) raise
                                                        In proposing this special measure,                      opportunity to arrange for alternative                awareness of the way illicit actors
                                                     FinCEN consulted with representatives                      payment mechanisms in the absence of                  exploit weaknesses in vulnerable
                                                     and staff of the Board of Governors of                     correspondent banking relationships                   jurisdictions to circumvent sanctions
                                                     the Federal Reserve System, the Office                     with Huione Group.                                    and finance WMD and ballistic missile
                                                     of the Comptroller of the Currency, the                                                                          proliferation.
                                                                                                                   As such, a prohibition on
                                                     Secretary of State, the staff of the                       correspondent banking with Huione                     E. Consideration of Alternative Special
                                                     Securities and Exchange Commission,                        Group is expected to impose minimal                   Measures
                                                     the Commodity Futures Trading                              additional compliance costs for covered                  In assessing the appropriate special
                                                     Commission, staff of the National Credit
                                                                                                                financial institutions, which would                   measure to impose, FinCEN considered
                                                     Union Administration, the Federal
                                                                                                                most commonly involve adding Huione                   alternatives to a prohibition on the
                                                     Deposit Insurance Corporation, and the
                                                                                                                Group to existing sanctions and money                 opening or maintaining in the United
                                                     Attorney General.94 These consultations
                                                                                                                laundering screening tools. FinCEN                    States of correspondent accounts or
                                                     involved obtaining interagency views on
                                                                                                                assesses that given the risks posed by                payable-through accounts, including the
                                                     the imposition of special measure five
                                                                                                                Huione Group’s facilitation of money                  imposition of one or more of the first
                                                     and the effects that such a prohibition
                                                                                                                laundering, the additional burden on                  four special measures, or imposing
                                                     would have on the U.S. domestic and
                                                                                                                covered financial institutions in                     conditions on the opening or
                                                     international financial systems.
                                                        In addition, FinCEN considered the                      preventing the opening of                             maintaining of correspondent accounts
                                                     factors set forth in section 311, as set                   correspondent accounts with Huione                    under special measure five. Having
                                                     forth below.95                                             Group, as well as conducting due                      considered these alternatives and for the
                                                                                                                diligence on foreign correspondent                    reasons set out below, FinCEN assesses
                                                     A. Whether Similar Action Has Been or                                                                            that none of the other special measures
                                                     Is Being Taken by Other Nations or                         account holders and notifying them of
                                                                                                                                                                      available under section 311 would
                                                     Multilateral Groups Regarding Huione                       the prohibition, will be minimal and not
                                                                                                                                                                      appropriately address the risks posed by
                                                     Group                                                      undue.
                                                                                                                                                                      Huione Group and the urgent need to
                                                        In March 2025, at least one news                        C. The Extent to Which the Action or the              prevent it from accessing USD through
                                                     outlet reported that the National Bank of                  Timing of the Action Would Have a                     correspondent banking.
                                                     Cambodia stripped Huione Pay PLC of                        Significant Adverse Systemic Impact on                   With its public acknowledgements of
                                                     its banking license.96 FinCEN is not                       the International Payment, Clearance,                 its failure to address significant AML/
                                                     otherwise aware of any other nation or                     and Settlement System, or on Legitimate               KYC deficiencies, Huione Group
                                                     multilateral group that has imposed, or                    Business Activities of Huione Group                   continues to present a significant money
                                                     is currently imposing, similar action                                                                            laundering risk, particularly related to
                                                     against Huione Group.                                         FinCEN assesses that imposing the                  DPRK cyber heists and TCO-run scams.
                                                                                                                proposed special measure would have                   Taken as a whole, Huione Group’s
                                                     B. Whether the Imposition of Any                           minimal impact upon the international                 history of involvement in laundering
                                                     Particular Special Measure Would                                                                                 proceeds of illicit activities, and its
                                                                                                                payment, clearance, and settlement
                                                     Create a Significant Competitive                                                                                 creation of an unfreezable stablecoin,
                                                                                                                system. As a comparatively small
                                                     Disadvantage, Including Any Undue                                                                                presents a heightened risk that Huione
                                                                                                                financial institution responsible for a
                                                     Cost or Burden Associated With                                                                                   Group will continue to be used by illicit
                                                     Compliance, for Financial Institutions                     nominal amount of transaction volume
                                                                                                                in the region, Huione Group is not a                  actors. A key feature of Huione Group’s
                                                     Organized or Licensed in the United                                                                              service offerings includes a marketplace
                                                     States                                                     systemically important financial
                                                                                                                institution in Cambodia, regionally, or               to sell items that enable CVC investment
                                                       While FinCEN assesses that the                           globally. FinCEN views that prohibiting               scams, and money laundering services
                                                     prohibition proposed in this NPRM                                                                                to launder the proceeds of the scams.
                                                                                                                Huione Group’s access to U.S.

ddrumheller on DSK120RN23PROD with PROPOSALS1
                                                     would place some cost and burden on                                                                              Huione Group serves as a significant
                                                                                                                correspondent banking channels would
                                                     covered financial institutions, these                                                                            node of the money laundering
                                                                                                                not affect overall cross-border                       ecosystem that enables criminals to both
                                                       94 See 31 U.S.C 5318A(b)(5).                             transaction volumes. Further, a                       obtain necessary items to carry out
                                                       95 31 U.S.C. 5318A(a)(4)(B)(i)–(iv).                     prohibition under special measure five                various crimes, and the services to
                                                       96 Radio Free Asia, Exclusive: World’s Largest           would not prevent Huione Group from                   launder the proceeds of those crimes.
                                                     online black market’ Loses banking license (Mar. 6,        conducting legitimate business activities
                                                     2025), https://www.rfa.org/english/cambodia/2025/
                                                                                                                                                                         Because of the nature, extent, and
                                                     03/06/huione-cambodia-cyberscam-cryptocurrency/
                                                                                                                in other foreign currencies.                          purpose of the obfuscation engaged in
                                                     .                                                                                                                by Huione Group, any special measure

                                                VerDate Sep<11>2014   16:16 May 02, 2025      Jkt 265001   PO 00000   Frm 00014   Fmt 4702   Sfmt 4702   E:\FR\FM\05MYP1.SGM   05MYP1
                                                     18944                         Federal Register / Vol. 90, No. 85 / Monday, May 5, 2025 / Proposed Rules

                                                     intended to mandate additional                          correspondent accounts.100 Given                       VI. Section-by-Section Analysis
                                                     information collection would likely be                  Huione Group’s longstanding ties to
                                                                                                                                                                       The goal of this proposed rule is to
                                                     ineffective and insufficient to determine               DPRK proliferation finance, coupled                    combat and deter DPRK-affiliated
                                                     the true identity of illicit finance actors             with money laundering tied to CVC                      money laundering and the laundering of
                                                     who transact with the group. For                        investment scams, and public
                                                     example, the provision under special                                                                           proceeds from cyber scams including,
                                                                                                             acknowledgment of failures of its AML/                 CVC investment scams carried out by
                                                     measure one, that ‘‘the identity and                    KYC program, FinCEN determined that
                                                     address of the participants in a                                                                               TCOs through Huione Group, and to
                                                                                                             imposing any condition would not be an                 prevent Huione Group from using the
                                                     transaction or relationship, including                  effective measure to safeguard the U.S.
                                                     the identity of the originator of any                                                                          U.S. financial system to enable its illicit
                                                                                                             financial system. FinCEN assesses that                 finance behavior.
                                                     funds transfer’’ be collected in records                the billions of dollars’ worth of CVC and
                                                     and reports, could be circumvented by                   fiat laundered through Huione Group’s                  A. 1010.664(a)—Definitions
                                                     the operations of shell companies,
                                                                                                             exploitation of its access to USD, and                 1. Definition of Huione Group
                                                     wherein the reported identity of the
                                                                                                             the exposure of U.S. financial
                                                     originator serves to obscure the true                                                                            The term ‘‘Huione Group’’ means all
                                                     beneficial owner or originator.97 This                  institutions to Huione Group’s illicit
                                                                                                             activity, outweigh the value in                        subsidiaries, branches, and offices of
                                                     would be ineffective in preventing illicit                                                                     Huione Group operating as a financial
                                                     transactions. Huione Group’s record of                  providing conditioned access to the U.S.
                                                                                                                                                                    institution in any jurisdiction outside of
                                                     such circumvention suggests that                        financial system for any purportedly
                                                                                                                                                                    the United States, including Haowang
                                                     special measure one would not                           legitimate business activity. Conditions
                                                                                                                                                                    Guarantee (formerly known as Huione
                                                     adequately protect the U.S. financial                   on the opening or maintaining of
                                                                                                                                                                    Guarantee), Huione Pay PLC, and
                                                     system from the threats posed by the                    correspondent accounts would likely be                 Huione Crypto Spó5ka Z Ograniczona˛
                                                     financial institution. Further, the                     insufficient to prevent illicit financial              Odpowiedzialnościa˛ (d/b/a Huione
                                                     requirements under special measures                     flows through the U.S. financial system,               Crypto).
                                                     three and four, that domestic financial                 given Huione Group’s inadequate AML/
                                                     institutions obtain ‘‘with respect to each              KYC program.                                           2. Definition of Correspondent Account
                                                     customer (and each such                                    In sum, FinCEN assesses that any                       The term ‘‘correspondent account’’
                                                     representative), information that is                    condition or additional recordkeeping                  has the same meaning as the definition
                                                     substantially comparable to that which                  or reporting requirement would be an                   contained in 31 CFR 1010.605(c)(1)(ii).
                                                     the depository institution obtains in the               ineffective measure to safeguard the                   In the case of a U.S. depository
                                                     ordinary course of business with respect                U.S. financial system from the illicit                 institution, this broad definition
                                                     to its customers residing in the United                                                                        includes most types of banking
                                                                                                             behavior facilitated by Huione Group.
                                                     States,’’ are also likely to be                                                                                relationships between a U.S. depository
                                                                                                             Such measures would not prevent
                                                     ineffective.98 Huione Group’s use of                                                                           institution and a foreign bank that are
                                                     nested correspondent account access                     Huione Group from accessing the
                                                                                                             correspondent accounts of U.S. financial               established to provide regular services,
                                                     through layers of payment systems                                                                              dealings, and other financial
                                                     would render these alternative measures                 institutions, thus leaving the U.S.
                                                                                                             financial system vulnerable to                         transactions, including a demand
                                                     ineffective. Only significant effort and                                                                       deposit, savings deposit, or other
                                                     expense by U.S. institutions could fill                 processing illicit transfers that are likely
                                                                                                             to finance DPRK’s nuclear proliferation,               transaction or asset account, and a
                                                     this gap, which would impose a                                                                                 credit account or other extension of
                                                     disproportionate compliance burden,                     or CVC investment scams, resulting in
                                                                                                             significant national security and money                credit. FinCEN is using the same
                                                     with no guarantee that the money
                                                                                                             laundering risk. In addition, no                       definition of ‘‘account’’ for purposes of
                                                     laundering threat would be addressed
                                                                                                                                                                    this proposed rule as is established for
                                                     through customer due diligence                          recordkeeping or reporting requirements
                                                                                                                                                                    depository institutions in the final rule
                                                     research. FinCEN also considered                        or conditions would be sufficient to
                                                                                                                                                                    implementing the provisions of section
                                                     special measure two, which may require                  guard against the risks posed by a
                                                                                                                                                                    312 of the USA PATRIOT Act, requiring
                                                     domestic financial institutions to                      financial institution that processes
                                                                                                                                                                    enhanced due diligence for
                                                     ‘‘obtain and retain information                         transactions that are designed to obscure              correspondent accounts maintained for
                                                     concerning the beneficial ownership of                  the transactions’ true nature and are                  certain foreign banks.101 Under this
                                                     any account opened or maintained in                     ultimately for the benefit of DPRK and
                                                     the United States by a foreign                                                                                 definition, ‘‘payable-through accounts’’
                                                                                                             TCOs. Therefore, FinCEN has                            are a type of correspondent account.
                                                     person.’’ 99 The agency determined that                 determined that a prohibition on
                                                     this special measure would likely be                                                                              In the case of securities broker-
                                                                                                             opening or maintaining correspondent                   dealers, futures commission merchants,
                                                     ineffective since the concerns involving                banking relationships is the only
                                                     Huione Group do not involve the                                                                                introducing brokers in commodities,
                                                                                                             available special measure available                    and investment companies that are
                                                     opening or maintaining of accounts in                   under section 311 that can adequately
                                                     the U.S. by foreign persons.                                                                                   open-end companies (mutual funds),
                                                                                                             protect the U.S. financial system from                 FinCEN is also using the same
                                                        FinCEN similarly assesses that merely
                                                                                                             the illicit finance risk posed by Huione               definition of ‘‘account’’ for purposes of
                                                     imposing conditions under special
                                                                                                             Group. For these reasons, and after                    this proposed rule as was established for
                                                     measure five would be inadequate to

ddrumheller on DSK120RN23PROD with PROPOSALS1
                                                                                                             thorough consideration of alternate                    these entities in the final rule
                                                     address the risks posed by Huione
                                                                                                             measures, FinCEN assesses that no                      implementing the provisions of section
                                                     Group’s activities. Special measure five
                                                                                                             measures short of full prohibition on                  312 of the USA PATRIOT Act, requiring
                                                     enables FinCEN to impose conditions as
                                                     an alternative to a prohibition on the                  correspondent or payable-through                       due diligence for correspondent
                                                     opening or maintaining of                               banking access would be sufficient to                  accounts maintained for certain foreign
                                                                                                             address the money laundering risks                     banks.102
                                                       97 31 U.S.C. 5318A(b)(1)(B)(i).                       posed by Huione Group.