August 2016

As a reminder, as stated in previous Financial Crimes Enforcement Network (FinCEN) Notice(s) to financial institutions,¹ FinCEN recognizes that financial institutions may, on limited occasions, have administrative difficulties in submitting Bank Secrecy Act (BSA) reports electronically within the required timeframes. This could be due to circumstances such as natural disasters, emergency situations, or other systemic issues. During these occasions, a financial institution’s ability to obtain and respond to 314(a) requests also may be delayed.

The Financial Crimes Enforcement Network (“FinCEN”) is issuing these Frequently Asked Questions (“FAQs”) to assist providers and sellers of prepaid access in understanding the scope of the final rule imposing certain recordkeeping and reporting requirements under the Bank Secrecy Act (the “BSA”). The Prepaid Access Final Rule (the “Rule”) was issued July 29, 2011¹ and has generated many questions. These FAQs are intended to provide interpretive guidance for the Rule; they do not supersede or replace any part of it.

The Financial Crimes Enforcement Network ("FinCEN"), after consulting with staff of the U.S. Securities and Exchange Commission ("SEC") and the Commodity Futures Trading Commission ("CFTC"), is issuing this guidance to confirm that under the Bank Secrecy Act ("BSA") and its implementing regulations, securities broker-dealers, mutual funds, futures commission merchants, and introducing brokers in commodities that have filed a Suspicious Activity Report ("SAR") may share the SAR, or any information that would reveal the existence of the SAR, with certain affiliates¹.

This document describes factors that a casino or card club may need to consider in applying a risk-based approach to the development and implementation of a Bank Secrecy Act ("BSA") compliance program. The BSA requires casinos and card clubs to develop and implement compliance programs tailored to business activities and customer risk profiles (e.g., type of products and services offered, the locations served, and the nature of their customers).

The Financial Crimes Enforcement Network (FinCEN), along with the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the National Credit Union Administration, the Office of the Comptroller of the Currency, the Office of Thrift Supervision, and the Securities and Exchange Commission, are issuing this guidance, in consultation with staff of the Commodity Futures Trading Commission, to clarify and consolidate existing regulatory expectations for obtaining beneficial ownership information for certain accounts and customer relationships.

Rescinded December 2020

This document provides guidance interpreting the requirements of the Bank Secrecy Act ("BSA") regulations¹ as they apply to the casino and card club industries in the United States. We additionally published frequently asked questions for casinos and card clubs as FIN-2007-G005 on November 14, 2007. Casinos and card clubs may continue to rely on the guidance contained in FIN-2007-G005, which has not been incorporated into this publication.

Registration Renewal Deadline for Certain Money Services Businesses is December 31, 2008

Update to Notice (January 9, 2009)

To assist depository institutions in completing the DOEP, FinCEN Form 110, FinCEN is providing the following guidance for items affected by this final rule.