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May 2016

Filing a FOIA Request

Individuals should ensure that the information they seek is not already in the public domain before submitting FOIA requests. FinCEN has some information available to the public listed in its electronic reading room at https://www.fincen.gov/filing-foia-request. Also, a search of the FinCEN Home page can assist requesters in locating information about FinCEN and lists of available publications. Information about points of contact and addresses are also accessible on this site for your convenience.

FOIA Fees and Fee Waivers

The FOIA and the Department of the Treasury regulations (at 31 C.F.R. § 1.7) authorize the agency to recover the direct costs of providing information to a FOIA requester. The FOIA fees, which are applicable uniformly throughout the Department of the Treasury, permit FinCEN to charge a fee for document search, review, and reproduction. The total fee depends on the type of request.

FOIA Exemptions and Exclusions

The Freedom of Information Act provides that the agency will provide access to identifiable documents within our possession unless one of nine exemptions or three exclusions applies. The exact language of the exemptions can be found in the FOIA. Additional guidance on the exemptions and how they apply to certain documents can be found in FinCEN’s Regulations implementing the FOIA.

Nine Exemptions

Money Services Business (MSB) Suspicious Activity Reporting

Certain money services business (MSBs) are required to report suspicious activity. The following MSBs are subject to the suspicious activity reporting (SAR) requirement:

  • Money transmitters
  • Money order - issuers, sellers and redeemers
  • Traveler’s check - issuers, sellers and redeemers
  • US Postal Service

A report must be filed when a transaction that is conducted by, at or through the MSB is both: