Foreign governments cannot directly access the beneficial ownership IT system—the secure system used by FinCEN to receive and store BOI data. However, they can request such information through intermediary Federal agencies. Foreign governments may seek beneficial ownership details for law enforcement investigations or prosecutions, or for national security or intelligence activities, provided these actions are authorized under the foreign country's laws.
There are two avenues for foreign governments to make requests:
- Through an international treaty, agreement, or convention.
- In cases where no such treaty, agreement, or convention exists, requests may be made by a law enforcement, judicial, or prosecutorial authority of a foreign country that FinCEN, with the concurrence of the Secretary of State and in consultation with the Attorney General or other relevant agencies, determines to be a trusted foreign country.
However, FinCEN is not currently processing foreign requests for beneficial ownership information.