Which statement best describes the difference between the requirements for calculating beneficial ownership for sanctions due diligence (SDD) and calculating beneficial ownership for AML in the US?

In the United States, Anti-Money Laundering (AML) regulations, specifically the Financial Crimes Enforcement Network's (FinCEN) Customer Due Diligence (CDD) Final Rule, define a beneficial owner under the "ownership prong" as an individual who, directly or indirectly, owns 25% or more of the equity interests of a legal entity. Conversely, for sanctions due diligence (SDD), the Office of Foreign Assets Control (OFAC) applies its "50 Percent Rule." This rule states that any entity owned 50% or more, in the aggregate, by one or more blocked persons is itself considered blocked. Therefore, the threshold for identifying beneficial ownership for AML purposes (25%) is lower than the threshold for determining a sanctions nexus under OFAC's ownership rule (50%).

A. This option incorrectly reverses the thresholds, stating AML is >50% and OFAC is 25%.
C. This option uses incorrect percentages for both AML (>51%) and OFAC (25%) and also reverses their application.
D. This option incorrectly states the AML threshold is >20%; the correct threshold is 25% or more.

1. ACAMS Certified Global Sanctions Specialist (CGSS) Study Guide, 2nd Edition. Chapter 3, "The Legal and Regulatory Framework," Section: "Key US Sanctions Regulators and Legislation," discusses OFAC's 50 Percent Rule. The same chapter, in the section on AML/CFT frameworks, details FinCEN's CDD Rule and the 25% beneficial ownership threshold.

2. U.S. Department of the Treasury, Financial Crimes Enforcement Network (FinCEN). "Customer Due Diligence Requirements for Financial Institutions." Final Rule, 31 C.F.R. § 1010.230(d)(1). This regulation officially defines a beneficial owner as an "individual who, directly or indirectly, through any contract, arrangement, understanding, relationship or otherwise, owns 25 percent or more of the equity interests of a legal entity customer."

3. U.S. Department of the Treasury, Office of Foreign Assets Control (OFAC). "Revised Guidance on Entities Owned by Persons Whose Property and Interests in Property are Blocked" (August 13, 2014). This official guidance document states, "property and interests in property of an entity are blocked if the entity is owned, directly or indirectly, 50 percent or more by one or more blocked persons."