Watch Out! FinCEN’s Proposed Recordkeeping Requirements for Virtual Currency

Section 311, Title III, of the USA Patriot Act (the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001) amended the anti-money laundering provisions of the Bank Secrecy Act to promote the prevention, detection, and prosecution of international money laundering and the financing of terrorism. In support of the law, the Treasury Department’s Financial Crimes Enforcement Network (FinCEN) has proposed regulations that impose additional reporting and recordkeeping requirements on domestic financial institutions and domestic financial agencies that relate to transactions involving convertible virtual currency mixing occurring within or involving a jurisdiction outside the United States.

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