Filing a Privacy Act Request
If you would like to make a Privacy Act request for information in FinCEN files, follow the suggestions listed below and submit your request in writing to the same address used for the FOIA.
If you would like to make a Privacy Act request for information in FinCEN files, follow the suggestions listed below and submit your request in writing to the same address used for the FOIA.
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.
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
All FOIA annual reports are available at Treasury.gov.
FOIA, which refers to the Freedom of Information Act, 5 U.S.C. § 552 and was enacted in 1966, provides individuals with a right to request access to records or information in the possession of the federal government.
REMINDER: As of April 1, 2013, financial institutions must use the new FinCEN reports, which are available only electronically through the BSA E-Filing System. FinCEN is no longer accepting legacy reports. For more information, click here.
REMINDER: As of April 1, 2013, financial institutions must use the new FinCEN reports, which are available only electronically through the BSA E-Filing System. FinCEN is no longer accepting legacy reports. For more information, click here.
Certain money services business (MSBs) are required to report suspicious activity. The following MSBs are subject to the suspicious activity reporting (SAR) requirement:
A report must be filed when a transaction that is conducted by, at or through the MSB is both:
NOTICE: On February 24, 2012, the Financial Crimes Enforcement Network (FinCEN) issued a final notice requiring the electronic filing of most FinCEN reports by July 1, 2012. Institutions are strongly encouraged to begin using the BSA E-Filing System as soon as possible. For more information about mandatory E-Filing, please see our Frequently Asked Questions (FAQs).