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August 2016

Application of the Regulations Requiring Special Due Diligence Programs for Certain Foreign Accounts to the Securities and Futures Industries

The Financial Crimes Enforcement Network is issuing this guidance to clarify the due diligence obligations of broker-dealers, futures commission merchants, and introducing brokers in commodities (collectively, “securities and futures firms”) under the final rules implementing section 312 of the USA PATRIOT Act (the “section 312 rules”).1 Specifically, this guidance addresses: (1) whether all five of the risk factors enumerated in the final due diligence rule for correspondent accounts established or maintained for foreign financial institutions2 (the “correspondent acc

Guidance to Financial Institutions on the Repatriation of Currency Smuggled into Mexico from the United States

The Financial Crimes Enforcement Network is issuing this advisory to U.S. financial institutions so that they may better guard against an increasingly prevalent money laundering threat involving the smuggling of bulk U.S. currency into Mexico. This advisory warns U.S. financial institutions of the potential misuse of relationships with U.S. financial institutions by certain Mexican financial institutions, including Mexican casas de cambio. U.S. financial institutions should take reasonable steps to guard against abuse of their financial services by these entities.

Requests by Law Enforcement for Financial Institutions to Maintain Accounts

The Financial Crimes Enforcement Network (FinCEN) is issuing the following guidance for financial institutions with account relationships that law enforcement may have an interest in ensuring remain open notwithstanding suspicious or potential criminal activity in connection with the account.1 Ultimately, the decision to maintain or close an account should be made by a financial institution in accordance with its own standards and guidelines.

Recognizing Suspicious Activity - Red Flags for Casinos and Card Clubs

This guidance is intended to assist casinos and card clubs1 with the reporting of suspected money laundering, terrorist financing and related financial crimes. This guidance contains examples of circumstances or "red flags" - based on actual reports, the observations of examiners and the experience of law enforcement - that may indicate the presence of money laundering, terrorist financing, and related financial crimes.

GUIDANCE TO FINANCIAL INSTITUTIONS ON THE PROVISION OF BANKING SERVICES TO NORTH KOREAN GOVERNMENT AGENCIES AND ASSOCIATED FRONT COMPANIES ENGAGED IN ILLICIT ACTIVITIES.

This advisory warns U.S. financial institutions that the U.S. Department of the Treasury has concerns that the Democratic People’s Republic of Korea (“North Korea”), acting through government agencies and associated front companies, is engaged in illicit activities and may be seeking banking services elsewhere following the finding of Banco Delta Asia SARL to be a financial institution of “primary money laundering concern” pursuant to Section 311 of the USA PATRIOT Act. Accordingly, U.S.

Interagency Guidance on Sharing Suspicious Activity Reports with Head Offices and Controlling Companies

The Financial Crimes Enforcement Network, along with the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency, and the Office of Thrift Supervision (collectively, the “Federal Banking Agencies”) is issuing this guidance to confirm that under the Bank Secrecy Act and its implementing regulations (and parallel provisions issued by the Federal Banking Agencies): (1) a U.S. branch or agency of a foreign bank may disclose a Suspicious Activity Report to its head office outside the United States; and (2) a U.S.

Frequently Asked Questions

Interim Final Rule - Anti-Money Laundering Programs for Dealers in Precious Metals, Stones, or Jewels

The Financial Crimes Enforcement Network (“FinCEN”) is issuing these frequently asked questions (“FAQs”) regarding the application of its interim final rule implementing section 352 of the USA PATRIOT ACT and requiring dealers in precious metals, stones or jewels to establish anti-money laundering programs. FinCEN is providing these FAQs to assist dealers in precious metals, precious stones, and jewels in understanding the scope and application of the interim final rule.

Guidance To Financial Institutions Regarding Hurricane-Related Benefit Fraud

This Advisory warns financial institutions about the potential for fraudulent transactions involving hurricane relief monies. To assist law enforcement, we request that financial institutions include key terms in the narrative portions of all Suspicious Activity Reports filed relating to possible hurricane relief fraud schemes.