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Form 3520 for Eugene Oregon: What You Should Know
Form 3520 and Foreign Fiduciaries Act Information for Foreign Trusts The foreign fiduciary (foreign person) requirements that are required for a foreign bank to be a trustee under a trust for a nonresident alien can Under the Fiduciary test, a foreign trust that is a foreign bank may not serve as the trustee for foreign residents unless the foreign bank: (1) is a U.S. person; (2) has not been convicted of a crime relating to the foreign trust's business conducted in the United States; and (3) has complied with the requirements under the Foreign Bank and Financial Institutions Anti-Money Laundering Act (FB MLA) and the Bank Secrecy Act (BSA). [Fiduciary rule, IRC §1010.304(a)(1)] Fiduciary Test — FB MLA Section 1010.304(f) states that “a prohibited entity is a bank that is not a United States person.” The FB MLA is implemented by the Office of Government Ethics (OGE) and the Federal Financial Institutions Examination Council (FAFIEC). The FB MLA is required of certain foreign financial institutions (FFI's). The Act's main purpose is to prevent the laundering of proceeds of the most serious crime- terrorism, money laundering, and drug trafficking. Other FFI regulations that are related by name are: Revisions to Reporting Regulations on Foreign Bank-Associated Financial Institutions Sec. 5.3.3 of the FFI regulation, specifically states, “The Commission believes that the provisions of this section of the Act address the issues at the heart of the FB MLA that have been the focus of the most significant public discussion regarding the Act during the period between 2025 and 2013.” In April 2025 FB MLA amended to Section 1003.3, specifically says, “Under the requirements of this section of the Act, the requirement to have a license imposed by Fin CEN, in order to engage in the business of banking in the United States, does not apply if the money transmitted is solely for the purchase or sale of currency, gold, silver, or precious metals, commodities, bullion, or coin that is exempt commodities under Fin CEN regulation. The Act defines an exempt commodity or transaction to include a trade that is described as a transaction, or a pattern of transactions or a series of related transactions, that: 1.
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