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Proposed RuleSignificant2024-025652024-02-16

Anti-Money Laundering Regulations for Residential Real Estate Transfers

Treasury Department, Financial Crimes Enforcement Network

Abstract

FinCEN is issuing a proposed rule to require certain persons involved in real estate closings and settlements to submit reports and keep records on identified non-financed transfers of residential real property to specified legal entities and trusts on a nationwide basis. Transfers made directly to an individual would not be covered by this proposed rule. The proposed rule describes the circumstances in which a report must be filed, who must file a report, what information must be provided, and when a report is due. These reports are expected to assist the U.S. Department of the Treasury; Federal, State, and local law enforcement; and national security agencies in addressing illicit finance vulnerabilities in the U.S. residential real estate sector and to curtail the ability of illicit actors to anonymously launder illicit proceeds through the purchase of residential real property, which threatens U.S. economic and national security.

Action & Dates

Action
Notice of proposed rulemaking.
Dates
Written comments on this proposed rule must be submitted on or before April 16, 2024.

CFR References

Topics

Administrative practice and procedureAliensAuthority delegations (Government agencies)BankruptcyBrokersBuildings and facilitiesBusiness and industryCitizenship and naturalizationCondominiumsCooperativesCurrencyElectronic filingEstatesFair housingFederal home loan banksForeign investments in U.S.FoundationsHolding companiesHome improvementHomesteadsHousingIndiansIndians-lawIndians-tribal governmentInsurance companiesInvestigationsInvestment companiesLaw enforcementLawyersLegal servicesLow and moderate income housingMortgage insuranceMortgagesPenaltiesPrivacyReal property acquisitionReporting and recordkeeping requirementsSecuritiesSmall businessesTaxesTerrorismTimeTrusts and trusteesZoning

Public Comment

Comments Close
2024-04-16

Document Excerpt

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of the Treasury Financial Crimes Enforcement Network 31 CFR Chapter X RIN 1506-AB54 AGENCY: Financial Crimes Enforcement Network (FinCEN), Treasury. ACTION: Notice of proposed rulemaking. SUMMARY: FinCEN is issuing a proposed rule to require certain persons involved in real estate closings and settlements to submit reports and keep records on identified non-financed transfers of residential real property to specified legal entities and trusts on a nationwide basis. Transfers made directly to an individual would not be covered by this proposed rule. The proposed rule describes the circumstances in which a report must be filed, who must file a report, what information must be provided, and when a report is due. These reports are expected to assist the U.S. Department of the Treasury; Federal, State, and local law enforcement; and national security agencies in addressing illicit finance vulnerabilities in the U.S. residential real estate sector and to curtail the ability of illicit actors to anonymously launder illicit proceeds through the purchase of residential real property, which threatens U.S. economic and national security. DATES: Written comments on this proposed rule must be submitted on or before April 16, 2024. ADDRESSES: Comments may be submitted by any of the following methods: Federal E-Rulemaking Portal: https://www.regulations.gov . Follow the instructions for submitting comments. Refer to Docket Number FINCEN-2024-0005 and RIN 1506-AB54. Mail: Policy D

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Full Document

Citation: 89 FR 12424