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We then provide a conservative estimate as to the minimum level of effectiveness of the rule, at which its benefits would only offset its costs. One commenter suggested that only lawyers and law firms that set up such accounts would be considered legal entity customers. Beneficial ownership information would not be collected. FinCEN understands that many attorneys maintain client trust or escrow accounts containing funds from multiple clients and other third parties in a single account. FinCEN believes it would be unreasonable for FinCEN to impose collection obligations for information that is likely to be accurate for a short time, just as in the case with nonexcluded pooled investments vehicles. For these reasons, FinCEN believes that attorney escrow and client trust accounts should be treated like other intermediated accounts described above, and we accordingly deem such escrow accounts intermediated accounts for purposes of the beneficial ownership requirement.
Some commenters representing the securities and futures industries asserted that, contrary to assumptions in the NPRM, these are not in fact existing requirements in those industries, and that such requirements would be burdensome and of little utility. Most crypto casinos offer a wide variety of bonuses and promotions to attract punters. They likely provide different versions of free spins, cashback, holiday gifts, and other offers. Overall, claiming the bonus gives you a solid chance to extend the number of winnings.
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Commenters noted that such customers would not have beneficial owners under ownership prong. Any individual identified under control prong would most likely not be located in the United States which would make it more difficult to verify identity. We agree that some departments, agencies, or political subdivisions of non U.S. government agencies are not eligible for this award. Governments--specifically, those that engage only in governmental activities--should not fall within the definition of legal entity customer, and should therefore be excluded from the requirement. Rather, FinCEN expects covered financial institutions to rely upon the representations of such customers, absent knowledge to the contrary. Beneficial ownership information to treated as CIP and related information. It is used to ensure that financial institutions are compliant with other requirements.
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We address the specific comments regarding the various assumptions underlying our analysis below. Definition of legal entity customer in the final rule to include foreign financial institutions established in jurisdictions where the regulator of such institution maintains beneficial ownership information regarding such institution. As with other exclusions described above, FinCEN has determined that it is appropriate to exclude these entities, because information regarding their beneficial ownership and management is available from the relevant foreign regulator. One commenter was raised
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FinCEN believes that this number of accounts is more appropriate than the 1.5 per day stated in NPRM. This is because it is based upon actual data from a small banking institution. Alternative 2, setting a 50 percent beneficial ownership threshold, is less stringent, but provides less information to potentially identify those involved in illicit financing. A threshold of 50 percent would mean that information about owners of stakes higher than 49 percent would be lost.
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We have responded to these comments by making adjustments to the calculations in RIA. These adjustments are described in more detail in the RIA. Some of these commenters also asserted that our hourly wage figures for "new account clerks" was too low, noting that the average wage for their clerks was substantially higher. We are aware that account clerks working in large metropolitan areas with high cost of living will earn more than the average but these wages are not representative of all wages across the country. These entities are exempted because the CFTC registration process requires disclosure of beneficial owners and regular updating information about them, as well senior management and control persons. These entities are excluded because the SEC registration process requires disclosure and regular updating of information about beneficial owners of those entities, as well as senior management and other control persons. These documents are XML versions of Federal Register documents.
Some commenters stated that with regard to certain specialized credit products, the beneficial ownership requirement would be likely to cause businesses to utilize uncovered competitors. Because FinCEN views such products as low risk for money laundering or terrorist financing, they have been exempted from the beneficial ownership requirement, subject to the satisfaction of certain conditions. Paragraph of each of the CIP rules requires that the relevant financial institution's CIP includes risk-based procedures to verify the identity of each customer, to the extent reasonable and practicable. FinCEN believes that this disparity adversely affects efforts to mitigate risk and can promote an uneven playing field across and within financial sectors. Financial institutions have observed that inconsistencies in CDD expectations can lead to inconsistent regulatory examinations. This could cause them to focus their limited resources on managing derivative legal risk, rather than fundamental illicit finance risks. Private sector representatives have also noted that inconsistent expectations can effectively discourage best practices, because financial institutions with robust compliance procedures may believe that they risk losing customers to other institutions with more lax procedures.
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If you believe that we might have collected information from a child under 13, please contact us at We, or our third-party partners, may link your various devices so that content you see on one device can result in relevant advertising on another device. We do this by collecting information about each device you use when you are logged in to our Service. We may also work with third-party partners who employ tracking technologies or the application of statistical modeling tools to determine if two or more devices are linked to a single user or household. To help you recognize you across devices, we may share a common account ID with third-party advertising partner.
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The commenter urged FinCEN to remove this term from the final rule or provide additional opportunities for comment because of this lack of understanding. As it does for banks, broker-dealers, and mutual funds, the term "customer risk profile" refers to the information gathered about a customer to develop the baseline against which customer activity is assessed for suspicious transaction reporting. We are not aware that neither Federal futures laws nor National Futures Association rules require firms to create a "customer profile" or a formal risk score for all customers. However, there is a basic expectation that members of the industry understand the risks posed by their customers and be able to demonstrate this understanding. As with banks, broker-dealers, and mutual funds, we do not expect a customer risk profile to necessarily be integrated into existing monitoring systems to serve as the baseline for understanding suspicious transactions on a contemporaneous basis. Because of this, we do not believe it is necessary to eliminate the term nor provide additional opportunity for comment.
Compliance officers at financial institutions who ensure that the rule is adhered to by their organizations would need to do additional work with regard to the CDD rule. According to phone conversations between financial institutions and the Treasury Department, the process of ensuring compliance with the CDD rule would take the form of additional procedures and reviews in audits of work performed. One financial institution suggested that additional compliance staff might be required if more audit functions are added. We don't know how financial institutions will adjust compliance officer staffing to comply with the final CDD rule. This is because of uncertainty. During the comment period following the release of the NPRM, financial institutions stated that the IT costs for upgrading existing systems to comply with the final CDD rule would be large, although they generally did not cite specific amounts. During one-on-one calls, however, we were able to get incremental IT cost estimates for a few financial institutions.
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