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August 09, 2018

FinCEN extends limited customer due diligence exemption to Sept. 8

CDDExpected to expire Friday, the Financial Crimes Enforcement Network's (FinCEN) limited 90-day exemption to covered financial institutions from obligations under its customer due diligence (CDD) rule has been extended to Sept. 8. The exemption pertains to the rule's beneficial ownership requirements for certain products that automatically rollover and renew.

Specifically, products and services that automatically rollover and renew and were established before May 11 – such as share certificates or loan accounts – are exempt.

The CDD rule requires credit unions to identify and verify the beneficial owner(s) of legal entity accounts, subject to certain exceptions. Previously, a credit union was only required to know the identity of each of its legal entity customers but not necessarily its beneficial, natural person owners.

Beneficial owners include each natural person who directly or indirectly has a 25 percent or more equity interest in the legal entity customer, as well as individuals that have "significant responsibility to control, manage or direct a legal entity customer," such as a CEO, COO or CFO.

NAFCU has a host of resources available, including a webinar and blog post, to help credit unions comply with the rule.

In April, NAFCU met with FinCEN to share the credit union perspective on regulations under the Bank Secrecy Act (BSA) and impending CDD rule in an effort to improve the industry's regulatory environment. A recent NAFCU BSA Blast e-newsletter also provides detailed explanations on some of the questions NAFCU has received related to the CDD rule.

FinCEN has an updated FAQ document to help financial institutions better understand the scope of its CDD final rule.