Overview
On May 9, 2019, the US Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) published long-awaited guidance addressing how FinCEN regulations apply to what the agency calls “convertible virtual currency” (CVC), which covers most types of cryptocurrencies and crypto-tokens. The guidance focuses on:
- Platforms engaged in exchange transactions involving securities, commodities, or futures contracts and fiat currency, CVC, or other value that substitute for currency;
- Natural persons providing CVC money transmission as person-to-person (P2P) exchangers;
- CVC wallets (differentiating among hosted, unhosted, and multiple signature wallet providers);
- CVC provided through electronic terminals, kiosks, or automated teller machines;
- CVC services provided through decentralized (software) applications (DApps), including anonymizing services;
- Payment processing services;
- Internet casinos;
- Initial Coin Offerings (ICOs) and the status of creators of CVC;
- DApp developers, users conducting financial activities, and DApps conducting CVC transactions; and
- Mining pools and cloud miners.
- Block IP addresses associated with a sanctioned country or region;
- Disable the accounts of all holders identified from a sanctioned country or region;
- Install a dedicated Compliance Officer with authority to ensure compliance with all OFAC administered sanctions programs;
- Screen all prospective users to ensure they are not from geographic regions subject to US sanctions; and
- Ensure OFAC compliance training for all relevant personnel.
- Virtual currency wallet addresses;
- Account information;
- Transaction details (including virtual currency transaction hash and information on the originator and the recipient);
- Relevant transaction history;
- Available login information (including IP addresses);
- Mobile device information (such as device IMEI); and
- Information obtained from analysis of the customer’s public online profile and communications.