Thursday, July 30, 2009

Identification Requirements as defined by the Department of the Treasury

This is the Department of Treasury requirments imposed on banks to identify customers.

The document is very long, but I have found the following information, which may be useful:

For non-U.S. persons a bank must obtain one or more of the following: a taxpayer identification number; passport number and country of issuance; alien identification card number; or number and country of issuance of any other government-issued document evidencing nationality or residence and bearing a photograph or similar safeguard. The basic information that banks would be required to obtain under this proposed regulation reflects the type of information that financial institutions currently obtain in the account-opening process and is similar to the identifying information currently required for each deposit or share account opened (see 31 CFR 103.34(a)(1)).

This information has been extracted from the document, which is specified as follows:

[Billing Code: 4810-02]
DEPARTMENT OF THE TREASURY
Office of the Comptroller of the Currency
12 CFR Part 21
[Docket No. 02-11]
FEDERAL RESERVE SYSTEM
12 CFR Part 208
12 CFR Part 211
[Docket No. R-1127]
FEDERAL DEPOSIT INSURANCE CORPORATION
12 CFR Part 326
DEPARTMENT OF THE TREASURY
Office of Thrift Supervision
12 CFR Part 563
[No. 2002-27]
NATIONAL CREDIT UNION ADMINISTRATION
12 CFR Part 748
DEPARTMENT OF THE TREASURY
31 CFR Part 103
RIN 1506-AA31

Customer Identification Programs for Banks, Savings Associations, and Credit Unions
AGENCIES: The Financial Crimes Enforcement Network, Treasury; Office of the Comptroller
of the Currency, Treasury; Board of Governors of the Federal Reserve System; Federal Deposit Insurance Corporation; Office of Thrift Supervision, Treasury; National Credit Union Administration.

ACTION: Joint notice of proposed rulemaking.

SUMMARY: The Department of the Treasury, through the Financial Crimes Enforcement Network (FinCEN), together with the Office of the Comptroller of the Currency (OCC), the Board of Governors of the Federal Reserve System (Board), the Federal Deposit Insurance Corporation (FDIC), the Office of Thrift Supervision (OTS), and the National Credit Union Administration (NCUA) (collectively, the Agencies) are jointly issuing a proposed regulation to implement section 326 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001(the Act). Section 326 requires the Secretary of the Treasury (Secretary) to jointly prescribe with each of
the Agencies, the Securities and Exchange Commission (SEC), and the Commodity Futures
Trading Commission (CFTC), a regulation that, at a minimum, requires financial institutions to
implement reasonable procedures to verify the identity of any person seeking to open an account, to the extent reasonable and practicable; maintain records of the information used to verify the person's identity; and determine whether the person appears on any lists of known or suspected terrorists or terrorist organizations provided to the financial institution by any government agency. The proposed regulation applies to banks, savings associations, and credit unions.

DATES: Written comments on the proposed rule may be submitted on or before [INSERT
DATE 45 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER].
ADDRESSES: Because paper mail in the Washington area may be subject to delay,
commenters are encouraged to e-mail or fax comments. Comments should be sent by one method only. Financial institution commenters are encouraged to submit comments only to their Federal functional regulator. Non-financial institution commenters are encouraged to submit comments only to FinCEN. All comments will be considered by Treasury and the Agencies in formulating the final rule.

OCC: Please direct your comments to: Office of the Comptroller of the Currency, 250 E Street, SW., Public Information Room, Mailstop 1-5, Washington, DC 20219, Attention; Docket No. 02-11; FAX number (202) 874-4448; or Internet address: regs.comments@occ.treas.gov. Comments may be inspected and photocopied at the OCC's Public Reference Room, 250 E Street, SW., Washington, DC. You can make an appointment to inspect comments by calling
(202) 874-5043. Board: Comments should refer to Docket No. R-1127 and may be mailed to Secretary, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW, Washington, DC 20551; sent by FAX to (202) 452-3819 or (202) 452-3102; or sent by e-mail to regs.comments@federalreserve.gov. Members of the public may inspect comments in Room MP-500 between 9:00 a.m. and 5:00 p.m. on weekdays pursuant to section 261.12 (except as provided in section 261.14) of the Board's Rules Regarding Availability of Information, 12 CFR 261.12 and 261.14.
FDIC: Comments should be directed to: Executive Secretary, Attention: Comments/OES, Federal Deposit Insurance Corporation, 550 17th Street, N.W., Washington, DC 20429. Comments may be hand-delivered to the guard station at the rear of the 550 17th Street Building (located on F Street), on business days between 7 a.m. and 5 p.m. In addition, comments may be sent by fax to (202) 898-3838, or by electronic mail to comments@FDIC.gov.
Comments may be inspected and photocopied in the FDIC Public Information Center, Room
100, 801 17th Street, NW, Washington, D.C., between 9 a.m. and 4:30 p.m., on business days.
OTS: Comments may be mailed to Regulation Comments, Chief Counsel’s Office, Office of Thrift Supervision, 1700 G Street, NW, Washington, DC 20552, Attention: No. 2002-
27; FAX number (202) 906-6518, Attention: No. 2002-27; or Internet address regs.comments@ots.treas.gov, Attention: No. 2002-27 and include your name and telephone number. Comments may also be hand delivered to the Guard’s Desk, East Lobby Entrance, 1700 G Street, NW., from 9:00 a.m. to 4:00 p.m. on business days, Attention: Regulation Comments, Chief Counsel’s Office, No. 2002-27. OTS will post comments and the related index on the OTS Internet Site at www.ots.treas.gov. In addition, you may inspect comments at the Public Reading Room, 1700 G St. NW, by appointment. To make an appointment for access, you may call (202) 906-5922, send an e-mail to public.info@ots.treas.gov, or send a facsimile transmission to (202) 906-7755. (Please identify the materials you would like to inspect to assist us in serving you.) We schedule appointments on business days between 10:00 a.m. and 4:00 p.m. In most cases, appointments will be available the business day after the date we receive a request.
NCUA: Direct comments to the Secretary of the Board. Mail or hand-deliver comments
to: National Credit Union Administration, 1775 Duke Street, Alexandria, Virginia 22314-3428.
You may fax comments to (703) 518-6319, or e-mail comments to regcomments@NCUA.gov.
To inspect comments, please contact the Office of General Counsel, (703) 518-6540; or the
Office of Examination and Insurance, (703) 518-6360. FinCEN: Comments may be mailed to FinCEN, Section 326 Bank Rule Comments, P.O. Box 39, Vienna, VA 22183, or sent to Internet address regcomments@fincen.treas.gov with the caption “Attention: Section 326 Bank Rule Comments” in the body of the text. Comments may be inspected at FinCEN between 10 a.m. and 4 p.m. in the FinCEN Reading Room in Washington, D.C. Persons wishing to inspect the comments submitted must request an appointment by telephoning (202) 354-6400 (not a toll-free number).
FOR FURTHER INFORMATION CONTACT:
OCC: Office of the Chief Counsel (202) 874-3295.
Board: Enforcement and Special Investigations Sections: (202) 452-5235; (202) 728-
5829; or (202) 452-2961.
FDIC: Special Activities Section, Division of Supervision, and Legal Division at
(202) 898-3671.
OTS: Office of the Chief Counsel, (202) 906-6012.
NCUA: Office of General Counsel, (703) 518-6540; or Office of Examination and
Insurance, (703) 518-6360.
Treasury: Office of the Chief Counsel (FinCEN), (703) 905-3590; Office of the
Assistant General Counsel for Enforcement (Treasury), (202) 622-1927; or the Office of the
Assistant General Counsel for Banking & Finance (Treasury), (202) 622-0480.