In article published in ACAMS Today (December 2025), Himamauli Das discusses the 5 September 2025 FinCEN-issued guidance encouraging U.S. financial institutions to share financial information with foreign counterparts to combat money laundering and terrorist financing.
In “FinCEN Guidance: Cross-Border Information Sharing and Safe Harbor Provision,” Him and co-author Brent Wible discuss how cross-border information sharing is essential to disrupt illicit finance, but the lack of a legal safe harbor in the guidance leaves financial institutions exposed to potential liability under other federal and state laws. They note that legislative action is essential to create a robust safe harbor but until that is put in place FinCEN and FIs should explore interim measures and technology-driven solutions to break down information silos.
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