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Lesson 2 · 3 min · Intermediate

KYC, AML and the Howey test

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Know-your-customer, AML & CFT: the rules that follow the money

Regulated crypto firms must perform KYC (verify customer identity), AML (detect and report money-laundering), and CFT (counter terrorist financing). In the US, FinCEN sets these duties for money services businesses; other countries have equivalent agencies. The Travel Rule (from the FATF) requires firms to pass originator and beneficiary information with transfers above a threshold.

Sanctions screening

Transacting with sanctioned individuals, entities, or jurisdictions can be illegal even if the chain itself allows it. OFAC maintains lists that firms screen counterparties against; self-custody users can face liability for interacting with sanctioned addresses.

Is it a security? The Howey test

In the US, the Howey test asks whether there is an investment of money in a common enterprise with an expectation of profit derived from the efforts of others. If yes, the token may be an investment contract — a security subject to SEC registration and disclosure rules. Tokens sold to fund a team that will "build the network" tend to look like securities; tokens that function primarily as a medium of exchange or governance tend not to (though facts and circumstances vary).

Other countries use similar frameworks. The distinction matters because it determines which regulator has jurisdiction and what offering/trading rules apply.

The Howey test, as four questions

an investment of money?in a common enterprise?expecting profit?from the efforts of others?any no: not an investment contract under Howeyall yes: it may be an investment contract,a security (SEC registration and disclosure)sold to fund a team that will build thenetwork: tends to look like a securityused mainly to pay or to govern:tends not to
All four must hold for a token to be an investment contract. This is a simplified reading: real cases turn on facts and circumstances, and other rules can still apply. Not legal advice.
Educational only, not financial or legal advice.