May 2016

Funds or monetary value represented in digital electronics format (whether or not specially encrypted) and stored or capable of storage on electronic media in such a way as to be retrievable and transferable electronically.

31 C.F.R. 103.11(vv)

With respect to each agent, an MSB must include the following specific information on the agent list:

A revised agent list must be prepared each January 1 for the immediately preceding twelve (12) month period.

Note: A copy of the original agent list and each revised list must be retained for five years from the due date for preparation of the list.

31 CFR 103.41(d)(1)

The original list of agents and each revised list must be retained for a period of five years from the due date for preparation of the list.

31 CFR 1022.380(d), 1010.430(d) (formerly 31 CFR 103.41(d), 31 CFR 103.38(d)(1))

Upon request, an MSB must make its list available to FinCEN and any other appropriate law enforcement agency (including, without limitation, the examination function of the Internal Revenue Service in its capacity as delegee of Bank Secrecy Act examination authority). Requests for agent list information must be coordinated through FinCEN in the manner and to the extent determined by FinCEN.

31 CFR 1022.380(d)(1) and (d)(2)(ii) (formerly 31 CFR 103.41(d)(1) and (d)(2)(ii))

The registration rule includes the following requirements:

NEW KEY-Form 107 (effective on 3/2012)

MSBs Subject to the SAR Requirement - A person that is any one or more of the following types of MSB is subject to the suspicious activity reporting (SAR) requirement:

Money transmitter
Currency dealer or exchanger
Money order - issuer, seller and redeemer
Traveler’s check - issuer, seller and redeemer
U.S. Postal Service

The SAR requirement does not apply to the following types of MSB:

The agent list must be maintained at a location in the United States. The location must be reported on the registration form and must be either the address of the MSB reported on the form (in Part I, Registrant Information) or another address reported on the form (in Part V, Location of Supporting Documentation).

31 CFR 1022.380(d)(1) (formerly 31 CFR 103.41(d)(1))

 Overall authority for enforcement and compliance, including coordination and direction of procedures and activities of all other agencies exercising delegated authority, has been delegated by the Secretary of the Treasury to the Assistant Secretary of the Treasury (Enforcement). FinCEN has been designated by the Assistant Secretary of the Treasury (Enforcement) to administer the Bank Secrecy Act.

See 31 CFR 103.56(a)