The Securities and Exchange Commission (SEC) has introduced a proposed rule aimed at enhancing anti-money laundering (AML) enforcement within the investment adviser industry. This proposal follows the Treasury Department's February 2024 initiative to combat potential money laundering and related financial crimes.
Under the proposed rule, registered investment advisers (RIAs) and exempt reporting advisers (ERAs) would be required to implement "reasonable procedures" for verifying client identities. This includes collecting key identifying information, such as the client’s name, date of birth (or formation for entities), address, and identification number.
SEC Chair Gary Gensler emphasized that this new regulation is intended to make it significantly harder for individuals to use fake identities when establishing relationships with investment advisers, thereby reducing opportunities for illicit financial activities.
The SEC’s proposed rule aligns with a broader effort led by the Financial Crimes Enforcement Network (FinCEN). In February 2024, FinCEN announced plans to classify RIAs and ERAs as "financial institutions" under the Bank Secrecy Act (BSA). This classification would impose several requirements, including the implementation of AML/Countering the Financing of Terrorism (CFT) programs, the filing of suspicious activity reports (SARs), and adherence to other regulatory obligations.
The Treasury Department’s risk assessment, cited in the proposal, identifies the investment adviser industry as a potential gateway for laundering illicit funds tied to foreign corruption, fraud, tax evasion, and other criminal activities. Together, the SEC and FinCEN initiatives aim to close these vulnerabilities, deter financial crimes, and strengthen the integrity of the U.S. financial system.
If implemented, the SEC’s customer identification program would mark a significant step in ensuring greater accountability and transparency in the investment adviser sector, complementing the government’s broader AML enforcement strategy.