45182 Federal Register / Vol. 82, No. 187 / Thursday, September 28, 2017 / Rules and Regulations 

1See 81 FR 29398, 29455. 

the Commission determines that it does 

not reasonably describe the records 

sought, the Commission must inform 

the requester what additional 

information is needed or why the 

request is otherwise insufficient. 

Requesters who are attempting to 

reformulate or modify such a request 

may discuss their request with the 

Commission’s FOIA contact or FOIA 

Public Liaison. If a request does not 

reasonably describe the records sought, 

the agency’s response to the request may 

be delayed. 

(1) A written request for inspection or 

copying of a record of the Commission 

may be presented in person, by mail, by 

fax, by email at FOIA@eeoc.gov, online 

at https://publicportalfoiapal.eeoc.gov/ 

palMain.aspx, or through the 

Commission employee designated in 

§ 1610.7. 

(2) A request must be clearly and 

prominently identified as a request for 

information under the ‘‘Freedom of 

Information Act.’’ If submitted by mail, 

or otherwise submitted under any cover, 

the envelope or other cover must be 

similarly identified. 

(3) A respondent must always provide 

a copy of the ‘‘Filed’’ stamped court 

complaint when requesting a copy of a 

charge file. The charging party must 

provide a copy of the ‘‘Filed’’ stamped 

court complaint when requesting a copy 

of the charge file if the Notice of Right 

to Sue has expired as of the date of the 

charging party’s request. 

(4) Each request must contain 

information which reasonably describes 

the records sought and, when known, 

should contain date, title or name, 

author, recipient, subject matter of the 

record, case number, file designation, or 

reference number and location for the 

records requested in order to permit the 

records to be promptly located. 

(c) Format. Requests may specify the 

preferred form or format (including 

electronic formats) for the records the 

requester seeks. The Commission will 

accommodate the request if the records 

are readily reproducible in that form or 

format. 

(d) Requester information. Requesters 

must provide contact information, such 

as their phone number, email address, 

and/or mailing address, to assist the 

agency in communicating with them 

and providing released records. 

■ 4. Amend § 1610.11 by revising 

paragraphs (c) and (d) to read as follows: 

§ 1610.11 Appeals to the legal counsel 

from initial denials. 

* * * * * 

(c) Decisions on appeals. The 

Commission must provide its decision 

on an appeal in writing. A decision that 

upholds the Commission’s 

determination in whole or in part must 

contain a statement that identifies the 

reasons for the affirmance, including 

any FOIA exemptions applied. The 

decision must provide the requester 

with notification of the statutory right to 

file a lawsuit and will inform the 

requester of the dispute resolution 

services offered by the Office of 

Government Information Services of the 

National Archives and Records 

Administration as a non-exclusive 

alternative to litigation. If the 

Commission’s decision is remanded or 

modified on appeal, the Commission 

will notify the requester of that 

determination in writing. The 

Commission will then further process 

the request in accordance with that 

appeal determination and will respond 

directly to the requester. 

(d) Engaging in dispute resolution 

services provided by OGIS. Dispute 

resolution is a voluntary process. If the 

Commission agrees to participate in the 

dispute resolution services provided by 

OGIS, it will actively engage as a partner 

to the process in an attempt to resolve 

the dispute. 

* * * * * 

■ 5. Revise § 1610.13 to read as follows: 

§ 1610.13 Maintenance of files. 

The Commission must preserve all 

correspondence pertaining to the 

requests that it receives under this 

subpart, as well as copies of all 

requested records, until disposition or 

destruction is authorized pursuant to 

Title 44 of the United States Code or the 

General Records Schedule 4.2 of the 

National Archives and Records 

Administration. The Commission must 

not dispose of or destroy records while 

they are the subject of a pending 

request, appeal, or lawsuit under the 

FOIA. 

[FR Doc. 2017–19897 Filed 9–27–17; 8:45 am] 

BILLING CODE 6570–01–P 

DEPARTMENT OF THE TREASURY 

Financial Crimes Enforcement Network 

31 CFR Parts 1010 and 1024 

[Docket No. Fincen–2014–0001] 

RIN 1506–AB25 

Customer Due Diligence Requirements 

for Financial Institutions; Correction 

AGENCY: Financial Crimes Enforcement 

Network (FinCEN), Treasury. 

ACTION: Correcting amendments. 

SUMMARY: FinCEN is making technical 

corrections to a final rule published in 

the Federal Register on Wednesday, 

May 11, 2016. The final rule relates to 

certain customer due diligence 

standards applicable to covered 

financial institutions, defined as banks, 

brokers or dealers in securities, mutual 

funds, and futures commission 

merchants and introducing brokers in 

commodities. As published, the final 

rule contains technical errors that could 

cause confusion if not corrected. 

DATES: Effective Date: These corrections 

are effective September 28, 2017. 

Applicability date: Covered financial 

institutions must comply with these 

rules and the rules published in the 

Federal Register on May 11, 2016 (81 

FR 29398) by May 11, 2018. 

FOR FURTHER INFORMATION CONTACT: 

FinCEN Resource Center at 1–800–767– 

2825. E-mail inquiries can be sent to 

frc@fincen.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On May 11, 2016, FinCEN published 

a final rule (81 FR 29398) entitled 

‘‘Customer Due Diligence Requirements 

for Financial Institutions.’’ The final 

rule amends the Bank Secrecy Act 

regulations to include a new 

requirement for covered financial 

institutions to identify and verify the 

identity of beneficial owners of legal 

entity customers, subject to certain 

exclusions and exemptions. The final 

rule also amends the anti-money 

laundering (AML) program 

requirements for all covered 

institutions. This document makes 

technical corrections to the Certification 

Form located in appendix A to 31 CFR 

1010.230 and adds a paragraph to 31 

CFR 1024.210(b) that was inadvertently 

omitted in the final rule published in 

the Federal Register with an effective 

date of July 11, 2016, and an 

applicability date of May 11, 2018. 

II. Description of the Technical 

Corrections 

A. Correction to Appendix A to 

§ 1010.230 

This document makes technical 

corrections to Appendix A (Certification 

Form) to 31 CFR 1010.230. Appendix A 

inadvertently omitted the words ‘‘, 

Type,’’ after ‘‘Name’’ in the heading of 

Section II.b.1 Appendix A also included 

the term ‘‘foreign persons’’ in lieu of the 

term ‘‘non-U.S. persons’’ in several 

places and omitted the term ‘‘Social 

Security number’’ as described below. 

Because appendix A was originally 


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Federal Register / Vol. 82, No. 187 / Thursday, September 28, 2017 / Rules and Regulations 45183 

2 67 FR 21117, 21121 (April 29, 2002). 

3See 31 CFR 1024.210(b)(4) and (5) in the 

proposed rule published August 4, 2014 (79 FR 

45151, 45173). 4See 5 U.S.C. 603 and 604. 

printed in the Federal Register from 

camera-ready copy rather than from 

typed text, the entire Appendix A, with 

the corrections, must be reprinted in the 

Federal Register from new cameraready copy. As revised, appendix A 

(Certification Form) is identical to the 

original version except for the 

following: In the first sentence in Part I 

under the heading ‘‘What information 

do I have to provide?’’, the term ‘‘foreign 

persons’’ is changed to ‘‘non-U.S. 

persons’’; and in Part II: The heading of 

Section II b. is changed to ‘‘b. Name, 

Type, and Address of Legal Entity for 

Which the Account is Being Opened:’’; 

and in the headings of the last column 

in the Tables in Section II c and Section 

II d, the term ‘‘Foreign Persons’’ is 

changed to ‘‘Non-U.S. Persons’’ and the 

term ‘‘Social Security Number’’ is added 

after the term ‘‘persons’’; and in footnote 

1, the term ‘‘Foreign Persons’’ is 

changed to ‘‘Non-U.S. Persons’’ and ‘‘a 

Social Security Number,’’ is inserted 

after the word ‘‘provide’’. 

B. Correction to § 1024.210 

This document also makes a technical 

correction in 31 CFR 1024.210 by 

reinserting the training element of the 

AML program requirements for mutual 

funds, which was inadvertently omitted 

from the final rule. Consistent with 31 

U.S.C. 5318(h)(1)(C) and the AML 

program requirements for mutual funds 

adopted in 2002,2 the training element 

appeared in the proposal amending the 

AML program requirements for mutual 

funds to add a new requirement relating 

to customer due diligence.3 In the final 

rule, however, the training element was 

inadvertently omitted from 31 CFR 

1024.210(b). The training element is 

being reinserted by this correction 

document. 

III. Administrative Procedure Act and 

Effective Date 

Under 5 U.S.C. 553(b)(3)(B) of the 

Administrative Procedure Act (APA), an 

agency may, for good cause, find (and 

incorporate the finding and a brief 

statement of reasons therefore in the 

rules issued) that notice and public 

comment procedure thereon are 

impracticable, unnecessary, or contrary 

to the public interest. This correcting 

document reinserts language 

inadvertently omitted from the 

‘‘Customer Due Diligence Requirements 

for Financial Institutions’’ final rule, 

specifically the training element in the 

AML program rule for mutual funds, 

and deletes a term and adds language 

that was inadvertently omitted from the 

Certification Form which accompanied 

the final rule. The agency has 

determined that publishing a notice of 

proposed rulemaking and providing 

opportunity for public comment is 

unnecessary. 

Under 5 U.S.C. 553(d)(3) of the APA, 

the required publication or service of a 

substantive rule shall be made not less 

than 30 days before its effective date, 

except, among other things, as provided 

by the agency for good cause found and 

published with the rule. FinCEN finds 

that there is good cause for shortened 

notice since the revisions made by this 

final rule are minor, non-substantive, 

and technical. This final rule takes 

effect September 28, 2017 with an 

applicability date of May 11, 2018. 

IV. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

does not apply to a rulemaking where a 

general notice of proposed rulemaking 

is not required.4 As noted previously, 

FinCEN has determined that it is 

unnecessary to publish a notice of 

proposed rulemaking for this final rule. 

Accordingly, the RFA’s requirements 

relating to an initial and final regulatory 

flexibility analysis do not apply. 

V. Executive Order 13563 and 12866 

FinCEN has determined that 

Executive Orders 13563 and 12866 do 

not apply in this final rulemaking. 

VI. Paperwork Reduction Act Notices 

There are no collection of information 

requirements in this final rule. 

VII. Unfunded Mandates Act of 1995 

Statement 

Section 202 of the Unfunded 

Mandates Reform Act of 1995, 2 U.S.C. 

1532 (Unfunded Mandates Act), 

requires that an agency must prepare a 

budgetary impact statement before 

promulgating any rule likely to result in 

a Federal mandate that may result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector of $100 million or more 

in any one year. If a budgetary impact 

statement is required, section 205 of the 

Unfunded Mandates Act also requires 

an agency to identify and consider a 

reasonable number of regulatory 

alternatives before promulgating a rule. 

FinCEN has determined that no portion 

of this final rule will result in 

expenditures by State, local, and tribal 

governments, or by the private sector, of 

$100 million or more in any one year. 

Accordingly, this final rule is not 

subject to section 202 of the Unfunded 

Mandates Act. 

List of Subjects in 31 CFR Parts 1010 

and 1024 

Administrative practice and 

procedure, Banks, Banking, Brokers, 

Counter money laundering, Counterterrorism, Currency, Foreign banking, 

Reporting and recordkeeping 

requirement, Securities, Terrorism. 

Authority and Issuance 

For the reasons set forth in the 

preamble, chapter X of title 31 of the 

Code of Federal Regulations is amended 

as follows: 

PART 1010—GENERAL PROVISIONS 

■ 1. The authority citation for part 1010 

continues to read as follows: 

Authority: 12 U.S.C. 1829b and 1951– 

1959; 31 U.S.C. 5311–5314 and 5316–5332; 

title III, sec. 314 Pub. L. 107–56, 115 Stat. 

307; sec. 701, Pub. L. 114–74, 129 Stat. 599. 

■ 2. In § 1010.230, revise appendix A to 

read as follows: 

§ 1010.230 Beneficial ownership 

requirements for legal entity customers. 

* * * * * 

BILLING CODE 4810–02–P 


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APPENDIX A to§ 1010.230-- CERTIFICATION REGARDING BENEFICIAL 

OWNERS OF LEGAL ENTITY CUSTOMERS 

I. GENERAL INSTRUCTIONS 

What is this form? 

To help the government fight financial crime, Federal regulation requires certain financial 

institutions to obtain, verify, and record information about the beneficial owners of legal 

entity customers. Legal entities can be abused to disguise involvement in terrorist 

financing, money laundering, tax evasion, corruption, fraud, and other financial crimes. 

Requiring the disclosure of key individuals who own or control a legal entity (i.e., the 

beneficial owners) helps law enforcement investigate and prosecute these crimes. 

Who has to complete this form? 

This form must be completed by the person opening a new account on behalf of a legal 

entity with any of the following U.S. financial institutions: (i) a bank or credit union; (ii) 

a broker or dealer in securities; (iii) a mutual fund; (iv) a futures commission merchant; 

or (v) an introducing broker in commodities. 

For the purposes of this form, a legal entity includes a corporation, limited liability 

company, or other entity that is created by a filing of a public document with a Secretary 

of State or similar office, a general partnership, and any similar business entity formed in 

the United States or a foreign country. Legal entity does not include sole 

proprietorships, unincorporated associations, or natural persons opening accounts on their 

own behalf. 

What information do I have to provide? 

This form requires you to provide the name, address, date of birth and Social Security 

number (or passport number or other similar information, in the case ofNon-U.S. 

Persons) for the following individuals (i.e., the beneficial owners): 

(i) Each individual, if any, who owns, directly or indirectly, 25 percent or more of 

the equity interests ofthe legal entity customer (e.g., each natural person that 

owns 25 percent or more of the shares of a corporation); and 

(ii) An individual with significant responsibility for managing the legal entity 

customer (e.g., a Chief Executive Officer, ChiefFinancial Officer, Chief 

Operating Officer, Managing Member, General Partner, President, Vice President, 

or Treasurer). 
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The number of individuals that satisfy this definition of"beneficial owner" may vary. 

Under section (i), depending on the factual circumstances, up to four individuals (but as 

few as zero) may need to be identified. Regardless of the number of individuals 

identified under section (i), you must provide the identifying information of one 

individual under section (ii). It is possible that in some circumstances the same 

individual might be identified under both sections (e.g., the President of Acme, Inc. who 

also holds a 30% equity interest). Thus, a completed form will contain the identifying 

information of at least one individual (under section (ii)), and up to five individuals (i.e., 

one individual under section (ii) and four 25 percent equity holders under section (i)). 

The financial institution may also ask to see a copy of a driver's license or other 

identifying document for each beneficial owner listed on this form. 

II. CERTIFICATION OF BENEFICIAL OWNER(S) 

Persons opening an account on behalf of a legal entity must provide the following 

information: 

a. Name and Title of Natural Person Opening Account: 

b. Name, Type, and Address of Legal Entity for Which the Account is Being Opened: 
45186 Federal Register / Vol. 82, No. 187 / Thursday, September 28, 2017 / Rules and Regulations 


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Name 

c. The following information for each individual, if any, who, directly or indirectly, 

through any contract, arrangement, understanding, relationship or otherwise, owns 

25 percent or more of the equity interests of the legal entity listed above: 

Date of Birth Address (Residential For US. Persons: For Non-US. 

or Business Street Social Security Persons: Social 

Address) Number Security Number, 

Passport Number 

and Country of 

Issuance, or other 

similar identification 

number1 

(If no individual meets this definition, please write "Not Applicable.") 

d. The following information for one individual with significant responsibility for 

managing the legal entity listed above, such as: 

D An executive officer or senior manager (e.g., Chief Executive Officer, Chief 

Financial Officer, Chief Operating Officer, Managing Member, General 

Partner, President, Vice President, Treasurer); or 

D Any other individual who regularly performs similar functions. 

(If appropriate, an individual listed under section (c) above may also be listed 

in this section (d)). 

1 In lieu of a passport number, Non-U.S. Persons may also provide a Social Security Number, an 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. 
Federal Register / Vol. 82, No. 187 / Thursday, September 28, 2017 / Rules and Regulations 45187 

PART 1024—RULES FOR MUTUAL 

FUNDS 

■ 3. The authority citation for part 1024 

continues to read as follows: 

Authority: 12 U.S.C. 1829b and 1951–1959; 

31 U.S.C. 5311–5314 and 5316–5332; title III, 

sec. 314 Pub. L. 107–56, 115 Stat. 307; sec. 

701, Pub. L. 114–74, 129 Stat. 599. 

■ 4. In § 1024.210: 

■ a. Redesignate paragraph (b)(4) as 

paragraph (b)(5); 

■ b. In newly redesignated paragraph 

(b)(5)(ii), remove the words ‘‘paragraph 

(b)(4)(ii)’’ and add in their place the 

words ‘‘paragraph (b)(5)(ii)’’; and 

■ c. Add a new paragraph (b)(4). 

The addition reads as follows: 

§ 1024.210 Anti-money laundering 

program requirements for mutual funds. 

* * * * * 

(b) * * * 

(4) Provide ongoing training for 

appropriate persons; and 

* * * * * 

Dated: September 14, 2017. 

Jamal El-Hindi, 

Deputy Director, Financial Crimes 

Enforcement Network. 

[FR Doc. 2017–20777 Filed 9–27–17; 8:45 am] 

BILLING CODE 4810–02–C 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2017–0215; FRL–9968–34– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; Virginia; 

Removal of Clean Air Interstate Rule 

(CAIR) Trading Programs 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve a state 

implementation plan (SIP) revision 

submitted by the Commonwealth of 

Virginia. The submitted revision 

requests EPA remove from the Virginia 

SIP regulations from the Virginia 

Administrative Code that established 

EPA-administered trading programs 

under the Clean Air Interstate Rule 

(CAIR), one of which also included 

requirements to address nitrogen oxide 

(NOX) reductions required under the 

NOX SIP Call. The EPA-administered 

trading programs under CAIR were 

discontinued on December 31, 2014 

upon the implementation of the CrossState Air Pollution Rule (CSAPR), 

which was promulgated by EPA to 

replace CAIR. CSAPR established 

federal implementation plans (FIPs) for 

23 states, including Virginia. The SIP 

submittal seeks removal from the 

Virginia SIP of Virginia regulations that 

implemented the CAIR annual NOX, 

ozone season NOX, and sulfur dioxide 

(SO2) trading programs (as CSAPR has 

replaced CAIR). EPA is approving the 

SIP revision in accordance with the 

requirements of the Clean Air Act 

(CAA). 

DATES: This rule is effective on 

November 27, 2017 without further 

notice, unless EPA receives adverse 

written comment by October 30, 2017. 

If EPA receives such comments, it will 

publish a timely withdrawal of the 

direct final rule in the Federal Register 

and inform the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R03– 

OAR–2017–0215 at https://

www.regulations.gov, or via email to 

stahl.cynthia@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 


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