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Federal Register / Vol. 86, No. 183 / Friday, September 24, 2021 / Proposed Rules Department look only at the customers location or also at the location of the services or infrastructure being provided?
i. How do U.S. IaaS providers expect to implement this special measure?
Definitions:
12 E.O. 13984 defines United States person to mean any United States citizen, lawful permanent resident of the United States as defined by the Immigration and Nationality Act, entity organized under the laws of the United States or any jurisdiction within the United States including foreign branches, or any person located in the United States. 10 It also defines United States Infrastructure as a Service Provider to mean any United States Person that offers any Infrastructure as a Service Product. 11
a. What should the Department consider when determining whether a foreign subsidiary of a parent U.S. IaaS
provider entity would be subject to the regulations implementing E.O. 13984?
What implications for international commerce would there be, if any, if foreign subsidiaries were covered by the rule?
Overarching Inquiries:
13 What key differences in industry makeup, market dynamics, and general business practices should be taken into consideration when drafting E.O.
13984s proposed rule language compared with similar regulatory frameworks in other industries such as the Financial Crimes Enforcement Networks Customer Due Diligence and 311 Special Measure regulations?
14 Foreign malicious cyber actors often are able to acquire and provide fake names, government documents, and other identification records, making it increasingly difficult for IaaS
providers to verify identities in a timely fashion. Do commenters believe that the Department should place more emphasis on ongoing customer-duediligence efforts instead of initial Account creation requirements? How might this approach better accomplish E.O. 13984s goals to deter foreign malicious cyber actors use of United States IaaS products, and to assist in the investigation of transactions involving foreign malicious cyber actors?
15 Are there fraud-prevention regimeswhether regulatory or technicalused in other industries e.g., finance that would enable the more consistent discovery of the use of fake names, government documents, and other identification records when 10 E.O.

13984 at 6841.

11 Id.

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establishing Accounts with U.S. IaaS
providers?
Dated: September 16, 2021.
Trisha B. Anderson, Deputy Assistant Secretary, Intelligence &
Security, U.S. Department of Commerce.
FR Doc. 202120430 Filed 92321; 8:45 am BILLING CODE 351020P

DEPARTMENT OF THE TREASURY
Financial Crimes Enforcement Network 31 CFR Chapter X
RIN 1506AB50

Anti-Money Laundering Regulations for Dealers in Antiquities Financial Crimes Enforcement Network FinCEN, Treasury.
ACTION: Advance notice of proposed rulemaking.
AGENCY:

FinCEN is issuing this advance notice of proposed rulemaking ANPRM to solicit public comment on the implementation of Section 6110 of the Anti-Money Laundering Act of 2020
the AML Act. AML Act Section 6110
amends the Bank Secrecy Act BSA to include in the definition of financial institution a person engaged in the trade of antiquities, including an advisor, consultant, or any other person who engages as a business in the solicitation or the sale of antiquities, subject to regulations prescribed by the Secretary of the Treasury. The AML
Act requires the Secretary of the Treasury the Secretary to issue proposed rules to carry out that amendment not later than 360 days after enactment of the AML Act. This ANPRM seeks initial public comment on questions that will assist FinCEN in preparing the proposed rules.
DATES: Written comments are welcome, and must be received on or before October 25, 2021.
ADDRESSES: Comments may be submitted, identified by Regulatory Identification Number RIN 1506AB50
by any of the following methods:
Federal E-rulemaking Portal: http
www.regulations.gov. Follow the instructions for submitting comments.
Include RIN 1506AB50 in the submission. Refer to Docket Number FINCEN20210006.
Mail: Financial Crimes Enforcement Network, Policy Division, P.O. Box 39, Vienna, VA 22183. Include 1506AB50
in the body of the text. Refer to Docket Number FINCEN20210006.
Please submit comments by one method only.
SUMMARY:

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FOR FURTHER INFORMATION CONTACT:

FinCEN: The FinCEN Regulatory Support Section at 18007672825 or electronically at https
www.fincen.gov/contact.
SUPPLEMENTARY INFORMATION:
I. Scope of the ANPRM
This ANPRM seeks comment on various issues to assist FinCEN in preparing proposed rules to implement Section 6110a1 of the AML Act.1
AML Act Section 6110a1 amends the BSA by adding to the BSAs definition of financial institution a person engaged in the trade of antiquities, including an advisor, consultant, or any other person who engages as a business in the solicitation or the sale of antiquities, subject to regulations prescribed by the Secretary. 2 Section 6110b1 requires the Secretary to issue proposed rules not later than 360
days after enactment of the AML Act to carry out that amendment.
II. Background A. The BSA
Enacted in 1970 and amended most recently by the AML Act, the BSA aids in the prevention of money laundering, terrorism financing, and other illicit financial activity. The purposes of the BSA include, among other things, requiring certain reports or records that are highly useful inA criminal, tax, or regulatory investigations, risk assessments, or proceedings; or B
intelligence or counterintelligence activities, including analysis, to protect against terrorism. 3
Congress has authorized the Secretary to administer the BSA. The Secretary has delegated to the Director of FinCEN
the authority to implement, administer, and enforce compliance with the BSA
and associated regulations.4 Pursuant to this authority, FinCEN is authorized to impose anti-money laundering AML
and countering the financing of terrorism CFT program requirements for financial institutions. Specifically, to guard against money laundering and the financing of terrorism through financial institutions, the BSA requires financial institutions to establish AML/CFT
programs that, at a minimum, include:
1 The development of internal 1 The AML Act was enacted as Division F, Section 60016511, of the William M. Mac Thornberry National Defense Authorization Act for Fiscal Year 2021, Public Law 116283, 134 Stat 3388 2021.
2 The BSA is codified at 12 U.S.C. 1829b, 12
U.S.C. 19511959 and 31 U.S.C. 53115314, 5316
5336. Implementing regulations are codified at 31
CFR Chapter X. Section 6110a1 of the AML Act amends 31 U.S.C. 5312a2.
3 31 U.S.C. 53111.
4 Treasury Order 18001 Jan. 14, 2020.

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