In determining, for purposes of §§ 510.201(a)(3)(vi) and 510.210, whether a transaction(s) is significant, the Secretary of the Treasury or the Secretary's designee may consider the totality of the facts and circumstances. As a general matter, the Department of the Treasury may consider some or all of the following factors:

1. (a) Size, number, and frequency. The size, number, and frequency of transaction(s) over a period of time, including whether the transaction(s) is increasing or decreasing over time and the rate of increase or decrease.
2. (b) Nature. The nature of the transaction(s), including the type, complexity, and commercial purpose of the transaction(s).

3. (c) Level of awareness; pattern of conduct.

   1. (1) Whether the transaction(s) is performed with the involvement or approval of management or only by clerical personnel; and
   2. (2) Whether the transaction(s) is part of a pattern of conduct or the result of a business development strategy.
4. (d) Nexus. The proximity between the foreign financial institution engaging in the transaction(s) and North Korea or a blocked person described in § 510.201.
5. (e) Impact. The impact of the transaction(s) on the objectives of Executive Order 13810 including the economic or other benefit conferred or attempted to be conferred on North Korea or a blocked person described in § 510.201.
6. (f) Deceptive practices. Whether the transaction(s) involves an attempt to obscure or conceal the actual parties or true nature of the transaction(s) to evade sanctions.
7. (g) Other relevant factors. Such other factors that the Department of the Treasury deems relevant on a case-by-case basis in determining the significance of a transaction(s).