delete PART 1025—RULES FOR INSURANCE COMPANIES
This regulation implements Bank Secrecy Act anti-money laundering requirements for insurance companies selling products with cash value (permanent life insurance, annuities). It mandates AML programs with policies, procedures, designated compliance officers, training, independent testing, and suspicious activity reporting (SAR) for transactions ≥$5,000. It also includes confidentiality and recordkeeping provisions for SARs.
Federalizes state-regulated insurance industry with one-size-fits-all AML mandates. Imposes significant compliance costs disproportionately on small insurers, raising barriers to entry and protecting incumbents. Creates knowledge problem: federal regulators cannot determine optimal AML procedures for diverse insurance companies. Pass-through costs raise premiums for middle-class families seeking cash-value insurance. Federal overreach erodes constitutional federalism by commandeering state-regulated entities for federal law enforcement goals. No demonstrated effectiveness outweighs these unseen economic costs and market distortions.