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Anti-Money Laundering Rules Affecting Futures Commission Merchants

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Anti-Money Laundering: FIA Receives Guidance on Application of Customer Identification Rules to Give-Up Arrangements
In response to a request from the FIA, the Commodity Futures Trading Commission and the Financial Crimes Enforcement Network, the anti-money laundering arm of the U.S. Treasury Department, on April 19 issued guidance clarifying the application of customer identification requirements to give-up arrangements. The guidance confirmed that CIP requirements apply only to the clearing broker in a give-up transaction, not to the executing broker. The guidance was developed through extensive consultation with representatives of the futures industry. The FIA thanks the members of the FIA Law & Compliance division for their years of work on this initiative.

View the CFTC press release

View the FIA letter to the CFTC

Anti-Money Laundering: FIA Asks for Clarification on Customer Identification Rules
The FIA on July 22 sent a letter to the CFTC requesting clarification on several issues raised by the final rules implementing section 326 of the USA Patriot Act. Industry groups were encouraged to submit questions and proposed answers to issues raised by the final rules. The Treasury Department is expected to gather issues and publish guidance in areas where many industries express common concerns. FIA raised questions concerning when a customer can be said to open a "new account" therefore requiring that customer identification procedures be undertaken, when an FCM and IB can rely upon another financial institution including an affiliate to perform some of the CIP functions, when an FCM can rely on a foreign financial institution subject to similar anti-money laundering requirements to perform customer identification procedures, and identifying who is the executing broker’s customer in the case of a three party give-up arrangement. FIA offered that when the give-up arrangement is entered into with an account manager acting on behalf of the manager’s customers, the executing FCM’s customer for purposes of AML customer identification requirements would be the account manager, not the underlying customers. The carrying FCM would be responsible for verifying the identity of the underlying customers.
Anti-Money Laundering: FIA Seeks Clarification on SAR Rules
The FIA has asked the Treasury Department to clarify a proposed rule that will require futures commission merchants and introducing brokers to alert the government whenever they detect suspicious activity by their customers. In a comment letter filed on July 7, the FIA expressed support for the rule and asked Treasury to clarify it will apply in certain situations, such as with FCMs that are also registered as broker-dealers with securities regulators. The letter also suggested that executing and clearing brokers with the same customer should be required to file only one suspicious activity report, and urged Treasury to allow the sharing of information about suspicious activity between U.S. FCMs and foreign brokers and between U.S. FCMs and commodity trading advisors, where both sides share the same customers.
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