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RuleSignificant2024-191982024-08-29

Anti-Money Laundering Regulations for Residential Real Estate Transfers

Treasury Department, Financial Crimes Enforcement Network

Abstract

FinCEN is issuing a final rule to require certain persons involved in real estate closings and settlements to submit reports and keep records on certain non-financed transfers of residential real property to specified legal entities and trusts on a nationwide basis. Transfers made directly to an individual are not covered by this rule. This 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, 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 transfers of residential real property, which threatens U.S. economic and national security.

Action & Dates

Action
Final rule.
Dates
Effective December 1, 2025.
Effective Date
2025-12-01

CFR References

Topics

Administrative practice and procedureAliensAuthority delegations (Government agencies)BankruptcyBrokersBuildings and facilitiesBusiness and industryCitizenship and naturalizationCondominiumsCooperativesCourtsCrimeCurrencyElectronic 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 businessesTaxesTerrorismTrusts and trustees

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: Final rule. SUMMARY: FinCEN is issuing a final rule to require certain persons involved in real estate closings and settlements to submit reports and keep records on certain non-financed transfers of residential real property to specified legal entities and trusts on a nationwide basis. Transfers made directly to an individual are not covered by this rule. This 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, 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 transfers of residential real property, which threatens U.S. economic and national security. DATES: Effective December 1, 2025. ADDRESSES: The FinCEN Regulatory Support Section at 1-800-767-2825 or electronically at frc@fincen.gov . SUPPLEMENTARY INFORMATION: I. Executive Summary Among the persons required by the Bank Secrecy Act (BSA) to maintain anti-money laundering and countering the financing of terrorism (AML/CFT)  [ 1 ] programs are “persons involved in real estate closings and settlemen

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Full Document

Citation: 89 FR 70258