SAR Narrative Guidance Package
PowerPoint Presentation Downloading and Viewing Instructions
August 2016
IRS Offshore Voluntary Compliance Initiative – FinCEN Waiver from Civil Money Penalties for Failure to Timely File Report of Foreign Bank and Financial Accounts (Form TD F 90-22.1)
This serves notice that the Director of the Financial Crimes Enforcement Network (FinCEN) has granted a waiver from civil money penalties for violations of the Bank Secrecy Act, 31 U.S.C. 5314, and its implementing regulation, 31 C.F.R. Part 103.24, to persons who enter into settlement and comply with the terms and conditions of the Offshore Voluntary Compliance Initiative, as provided by the Internal Revenue Service, U.S. Department of the Treasury.
Guidance on Definition of Check Casher and BSA Requirements
1. Is a business that cashes a check with a face value of over $1,000 by providing the customer with $999 in currency and the balance in money orders or a wire transfer a “check casher” for Bank Secrecy Act (BSA) purposes?
GUIDANCE ON INTERPRETING FINANCIAL INSTITUTION POLICIES IN RELATION TO RECORDKEEPING REQUIREMENTS UNDER 31 C.F.R. §103.29
The Financial Crimes Enforcement Network (FinCEN) receives numerous questions concerning compliance with the Bank Secrecy Act (BSA) recordkeeping requirement found in 31 C.F.R. §103.29. This section requires financial institutions to verify a customer’s identity and retain records of certain information prior to issuing or selling bank checks and drafts, cashier’s checks, money orders and traveler’s checks when purchased with currency in amounts between $3,000 and $10,000 inclusive.
FinCEN’s Guidance on Determining Whether Tribally Owned and Operated Casinos are Eligible for Exemption From CTR Requirements Under 31 C.F.R. §103.22(d)(2)
FinCEN receives numerous questions from depository institutions regarding the applicability of exemptions from filing Currency Transaction Reports (CTRs) for tribally owned and operated casinos in accordance with the Bank Secrecy Act (BSA), 31 U.S.C. §5311 et seq., and its implementing regulations, found in 31 C.F.R. §103.22. The following guidance addresses this issue.
Exemption for Department or Agency of the Government
Reminder of Requirement to File Report of Foreign Bank and Financial Accounts Form TD F 90-22.1 ("FBAR")
The deadline to file a Report of Foreign Bank and Financial Accounts form ("FBAR") with the U.S. Department of the Treasury, in accordance with 31 CFR 103.24, for each calendar year is on or before June 30th of the following year. Thus, the deadline to file the FBAR for calendar year 2001 is June 30, 2002.
Extension of a Grant of Conditional Exception to the "Travel Rule
FinCEN has extended for another two years a conditional exception to the strict operation of the "Travel Rule" (31 CFR 103.33(g)). The Travel Rule requires a financial institution to include certain information in transmittal orders relating to transmittals of funds of 3,000 or more.
Reminder of Requirement to Use Reformed CTR Exemption Regulations and to File Designation of Exempt Person Form, TD F 90-22.53, by July 1, 2000
This is a reminder that as of July 1, 2000, depository institutions must use the reformed Currency Transaction Report ("CTR") exemption regulations for exemptions established prior to October 21, 1998 as well as exemptions established after that date, in accordance with 31 C.F.R. Part 103.22 (d)(2). This means that depository institutions must have designated a customer as an exempt person by filing the Designation of Exempt Person Form (TD F 90-22.53).
CTR Exemption Regulation Amended to Include MMDAs
On July 28, 2000, FinCEN published an Interim Rule in the Federal Register (65 FR 46356-46361) amending the CTR exemption regulation at 31 CFR Section 103.22(d). Provisions of this Interim Rule became effective on July 31, 2000. The Interim Rule addresses several issues brought to FinCEN’s attention by depository institutions regarding the implementation of the reformed CTR exemption regulations. Highlights of the Interim Rule are: