A bank’s Customer Identification Program (CIP) “must include risk-based procedures for verifying the identity of each customer to the extent reasonable and practicable.” Consequently, we recommend reviewing your CIP to determine whether you could accept non-documentary methods of verifying the identities of customers who lack common forms of identification.

At a minimum, your CIP must require that the following information is obtained from the customer: (1) name, (2) date of birth (3) address, and (4) taxpayer identification number (TIN). If members of this community do not have a TIN, you will not be able to open accounts for them, unless they have applied for but not yet received a TIN. There are no exceptions for members of religious communities that are opposed to obtaining TINs.

In addition, the FinCEN rules provide that you may use documentary or non-documentary methods to verify an individual’s identity. Documentary methods include “unexpired government-issued identification evidencing nationality or residence and bearing a photograph or similar safeguard.” We note that Illinois allows individuals to obtain a valid driver’s license without a photograph if a photograph would violate their established religious convictions. Illinois also allows individuals to apply for an Illinois Firearm Owners Identification (FOID) card by submitting their fingerprints in lieu of a photograph.

If an individual lacks an unexpired government-issued ID, you may use non-documentary methods of independently verifying their identity. Such methods include “the comparison of information provided by the customer with information obtained from a consumer reporting agency, public database, or other source; checking references with other financial institutions; and obtaining a financial statement.” Whether to use other methods of verifying an individual’s identity, such as birth certificates, marriage certificates, tax bills, tax returns, deeds and utility bills is a business decision for your bank, based on an assessment of whether such information would allow you to form a reasonable belief as to the customer’s identity.

For resources related to our guidance, please see:

• FinCEN Regulations, 31 CFR 1020.220(a)(2) (“The CIP must include risk-based procedures for verifying the identity of each customer to the extent reasonable and practicable. The procedures must enable the bank to form a reasonable belief that it knows the true identity of each customer. These procedures must be based on the bank’s assessment of the relevant risks, including those presented by the various types of accounts maintained by the bank, the various methods of opening accounts provided by the bank, the various types of identifying information available, and the bank's size, location, and customer base. At a minimum, these procedures must contain the elements described in this paragraph (a)(2).”)

• FinCEN Regulations, 31 CFR 1020.220(a)(2)(i) (“[T]he bank must obtain, at a minimum, the following information from the customer prior to opening an account: (1) Name; (2) Date of birth, for an individual; (3) Address, . . . and (4) Identification number, which shall be: For a U.S. person, a taxpayer identification number; . . .”)

• FinCEN CIP Rule FAQs (Q: “Can a bank open an account for a U.S. person that does not have a taxpayer identification number?” A: “No, the bank cannot unless the customer has applied for a taxpayer identification number, the bank confirms that the application was filed before the customer opened the account, and the bank obtains the taxpayer identification number within a reasonable period of time after the account is opened.”)

• FinCEN Regulations, 31 CFR 1020.220(a)(2)(ii)(A)(1) (“For a bank relying on documents, the CIP must contain procedures that set forth the documents that the bank will use. These documents may include: (1) For an individual, unexpired government-issued identification evidencing nationality or residence and bearing a photograph or similar safeguard, such as a driver's license or passport; . . .”)

• FinCEN Regulations, 31 CFR 1020.220(a)(2)(ii)(B)(1) (“Verification through non-documentary methods. For a bank relying on non-documentary methods, the CIP must contain procedures that describe the non-documentary methods the bank will use. (1) These methods may include contacting a customer; independently verifying the customer's identity through the comparison of information provided by the customer with information obtained from a consumer reporting agency, public database, or other source; checking references with other financial institutions; and obtaining a financial statement.”)

• Illinois Secretary of State Administrative Rules, 92 Ill. Admin. Code 1030.90(b)(1) (Established Religious Convictions

A) A driver will not be required to submit to a photograph if sufficient justification is provided by the driver to establish that a photograph would be in violation of or contradictory to the driver's religious convictions. If a driver declares that the use of a photograph is against his/her religious convictions, the driver will be given an Affidavit to be completed. This Affidavit contains designated areas for a detailed written explanation of the reasons why a photograph is against the driver's religious convictions, a place for the driver's signature and date, the designation of the religious sect or denomination involved, space for a minister or other religious leader to apply his/her signature attesting to the explanation the driver has offered, along with the date and official title of the minister or religious leader.

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D)  Upon approval by the Director, a valid driver's license without a photograph will be issued from the Central Office utilizing an application signed by the driver.”)

• Firearm Owners Identification Card Act, 430 ILCS 65/4(a-20) (“Each applicant for a Firearm Owner's Identification Card shall furnish to the Department of State Police his or her photograph. An applicant who is 21 years of age or older seeking a religious exemption to the photograph requirement must furnish with the application an approved copy of United States Department of the Treasury Internal Revenue Service Form 4029. In lieu of a photograph, an applicant regardless of age seeking a religious exemption to the photograph requirement shall submit fingerprints on a form and manner prescribed by the Department with his or her application.”)

• FinCEN Regulations, 31 CFR 1020.220(a)(2)(ii)(B)(2) (“The bank's non-documentary procedures must address situations where an individual is unable to present an unexpired government-issued identification document that bears a photograph or similar safeguard; the bank is not familiar with the documents presented; the account is opened without obtaining documents; the customer opens the account without appearing in person at the bank; and where the bank is otherwise presented with circumstances that increase the risk that the bank will be unable to verify the true identity of a customer through documents.”)