This reading edition presents the supporting record, including dates, limits and open questions. It preserves the recorded findings; a source note is not a certification that every claim is settled.
- Docket
- R-1835
- Rin
- 7100-AG78
- Checked
- 2026-09-05
- Source
- Open source
- Edition
- July 7 agency-release PDF; numbered pages cited, not final-rule text
- Scope
- Targeted reading of proposed operative text and selected explanatory passages; not a complete legal review or filing recommendation.
- Clauses
Topic Location Summary Review question Risk assessment §208.63(c)(1), pp. 74–75 Document risks, incorporate national priorities as appropriate, update promptly after significant changes, and focus resources on higher risks. What records would show that resources follow the documented risk? Program controls §208.63(c)(2)–(4), p. 75 Provide independent testing, a U.S.-located responsible individual and ongoing training. How would testing detect a gap between a written control and actual practice? Written approval §208.63(e), pp. 75–76 Require a written program approved by the board, an equivalent body or appropriate senior management. Which approval record identifies the person responsible? Implementation threshold §208.63(g)(1), p. 76 For properly established programs, limit specified program-related actions to significant or systemic implementation failures. What evidence distinguishes an isolated lapse from a systemic failure? Preserved enforcement §208.63(g)(2)–(3), p. 76 Preserve actions for establishment failures and leave criminal enforcement unaffected. Which authority covers the conduct under review? - Discrepancy
- The inconsistency also appears in the official July 9 notice: question 23 at page 42376 says the consultation and information-sharing provisions are absent; the alternatives discussion at page 42379 says consultation provisions are included. Proposed section 208.63 at pages 42381–42382 has no separate consultation requirement. Agency clarification remains unresolved.
- Published source
- Open source
- Published citation
- 91 FR 42363, July 9, 2026
- Published comparison
- Consultation discrepancy confirmed in published notice; operative text inspected through section (h).
- Status
- MONITOR; no comment submitted.
- Current rule comparison
- Source
- Open source
- Source currency
- eCFR displayed Title 12 current through September 3, 2026; read September 5
- Scope
- Four comparisons of section text, not all BSA statutes, guidance, related agency rules or current enforcement constraints.
- Rows
Topic Current Proposed Citizen question Program controls Current §208.63(c) requires controls, independent testing, responsible personnel and training. Proposed (c) adds express risk-assessment detail and a U.S.-located responsible individual. Which changes improve detection, and what implementation evidence would show that? Approval Current (b)(1) requires a written program, board approval and a minute entry. Proposed (e) permits board, equivalent-body or appropriate senior-management approval; it does not repeat the minute-entry requirement. How will approval, responsibility and later changes remain reconstructable? Implementation and enforcement The current section has no equivalent to proposed (g). That does not mean enforcement lacks other legal limits. Proposed (g) limits specified actions for properly established programs, with significant/systemic implementation failures excepted; establishment and criminal enforcement are preserved. How will repeated smaller failures be assessed, documented and remedied? Customer identification Current (b)(2) requires a customer-identification program and uses older Treasury cross-references. Proposed (f) cites 31 CFR 1020.220. Check related Treasury rules before describing this cross-reference change as a new duty.