August 24, 2011
REMINDER - In a letter dated April 27, 2011, the Financial Crimes Enforcement Network (FinCEN) requested the list of agents from money services businesses (MSBs), who reported, in Part IV, Item 29 of the registration form that they have one or more agents authorized to conduct business on their behalf. The letters were sent to the Owner or Controlling Person, as reported to FinCEN, on its most current Form 107, Registration of Money Services Business (RMSB). Pursuant to our authority contained in 31 CFR § 1022.380(d), MSBs were required to send their agent list to FinCEN, by June 20, 2011. If an MSB reported it has agents on its RMSB and has not provided a list of its agents to FinCEN, please provide your list using the following template https://www.fincen.gov/agent-request-initiative and email it to firstname.lastname@example.org.
If an MSB inaccurately filed its most current RMSB and does not have agents, we request that you respond, via email to email@example.com noting that you do not have agents. You must also file a corrected RMSB. FinCEN recently announced that MSBs can now file RMSBs electronically. Accordingly, as the response due date for this request has passed, MSBs are strongly encouraged to file their corrected RMSBs electronically. The electronic RMSB can be used to file not only initial registrations, but also renewals, re-registrations, and corrections.
To file a correction, you will need the Document Control Number (DCN) that is noted in your original registration acknowledgement letter. DCNs can also be obtained by calling the IRS's Enterprise Computing Center at 866-270-0733. To file a corrected RMSB, access the BSA E-Filing System's website, at http://bsaefiling.fincen.treas.gov, complete the RMSB form in its entirety, paying particular attention to Part I of the form, by checking box "c" and either a, b, or d, as appropriate. Complete Part IV item 29 by recording a zero in each box where you previously reported agents. E-Filers will receive electronic notification of the transmission and receipt of the submission.
MSBs required to register with FinCEN must maintain a list of agents, and make the list of agents available to FinCEN, upon request. See 31 U.S.C. § 5330(c) and 31 CFR § 1022.380(d). Failure to comply with agent list obligations is a violation of money services businesses registration requirements of the Bank Secrecy Act (BSA) and its implementing regulations. See 31 U.S.C. § 5330(e) and 31 CFR § 1022.380(e). As administrator of the BSA, FinCEN may impose civil money penalties for failure to comply with BSA registration requirements, in an amount up to $5,000 per violation. Each day a violation continues constitutes a separate violation. See 31 U.S.C. § 5330(e) and 31 CFR § 1022.380(e).
If you have already responded to the above request, we appreciate your attention to this matter and there is no follow-up action necessary.