April 20, 2026

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FinCEN’s Proposed AML Reform Signals a Shift Toward Risk-Based Enforcement and Program Accountability

On April 7, 2026, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) proposed a comprehensive rule to modernize AML/CFT compliance under the Bank Secrecy Act. The proposal introduces a coordinated supervisory framework requiring federal banking regulators to notify FinCEN before significant AML enforcement actions, signaling FinCEN's intent to lead consistent, risk-based enforcement focused on systemic failures. It establishes a two-pronged test distinguishing program design from execution, raising enforcement thresholds and enhancing predictability. The rule mandates dynamic risk assessments, integrates customer due diligence into internal controls, and strengthens governance by requiring board approval and a U.S.-based AML officer. Notably, FinCEN encourages technological innovation, including AI, as evidence of effective programs and offers a 12-month implementation timeline to harmonize standards across banking sectors. This marks a pivotal shift toward outcome-focused, accountable AML compliance and measured enforcement.

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