Administrative Rulings

Administrative letter rulings drafted by the Financial Crimes Enforcement Network (FinCEN) are issued pursuant to our authority as the administrator of the Bank Secrecy Act, if the facts and circumstances, issues, and analyses that appear in an administrative letter ruling are of general interest to financial institutions then the letter ruling is published on our website. Published letter rulings often express an opinion about a new issue; apply an established theory or analysis to a set of facts that differs materially from facts or circumstances that have been previously considered; or provide a new interpretation of Title 31 of the United States Code, or any other statute granting FinCEN authority. A summary of the variety of regulatory releases, which also includes an outline of the effect of the various releases on financial institutions that are subject to the regulatory provision at issue, is available here [HTML | PDF]

| Money Services Businesses

Financial Crimes Enforcement Network

Ruling

FIN-2012-R001
Issued: May 23, 2012
Subject: Application of the Money Services Business Rule to a Bank Holding Company that Issues Official Checks

Dear [ ]:

| Depository Institutions


Financial Crimes Enforcement Network

Dear []:

This responds to your letter of May 14, 2010, in which you request an administrative ruling concerning the proper completion of FinCEN Form 105 - Currency and Other Monetary Instruments Report ("CMIR"). Your letter, essentially…

| Depository Institutions, Securities and Futures


Financial Crimes Enforcement Network

Dear []:

I am responding to your letter of June 2, 2008 to the Financial Crimes Enforcement Network ("FinCEN") requesting an administrative ruling on the application of section 311 of the USA PATRIOT Act to a standby letter of credit.…

| Depository Institutions, Securities and Futures


Financial Crimes Enforcement Network

Dear []:

We are responding to your letter of January 15, 2009 to the Financial Crimes Enforcement Network ("FinCEN") requesting an administrative ruling on the application of section 311 of the USA PATRIOT Act to certain shareholder…

| Money Services Businesses

 

Financial Crimes Enforcement Network

 

Ruling

FIN-2009-R004
Issued: November 20, 2009
Subject: Determination of Money Services Business Status and Obligations Under the Funds Transfer Recordkeeping Rule, and Request…

| Casinos, Depository Institutions, Money Services Businesses, Mortgage Co/Broker, Securities and Futures

 

Financial Crimes Enforcement Network

 

Ruling

FIN-2009-R003
Issued: November 3, 2009
Subject: Customer Identification Program Rule - Address Confidentiality Programs

 

I am responding to your letter…

| Depository Institutions

Dear [ ]:

I am responding to your letters, dated March 20, 2008, and June 8, 2008, to the Financial Crimes Enforcement Network ("FinCEN"), in which you seek an administrative ruling on the treatment of certain deposits for Currency Transaction Report, FinCEN Form 104 ("CTR") purposes.…

| Depository Institutions, Insurance Industry

Dear [ ]:

This letter responds to your May 27, 2008 request to the Financial Crimes Enforcement Network ("FinCEN") for an administrative ruling on whether a "non-listed"1 insurance company "serves as a financial institution" and is therefore an "ineligible business" pursuant…

| Money Services Businesses

FIN-2008-R012Issued: December 11, 2008Subject: Whether a Money Services Business Must Establish and Maintain Separate Deposit Accounts for its Separate Check Cashing and Money Transmission Lines of Business

Dear [ ]:

I am writing in response to your letter of May 7, 2008 to the…

| Money Services Businesses

FIN-2009-R001Issued: January 22, 2009Subject: Whether Certain Operations of a Service Provider to Prepaid Stored Value Program Participants is a Money Services Business

Dear [ ]:

I am responding to your letter of September 20, 2005 to the U.S. Department of the Treasury. You seek a…