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Guidance

Guidance is intended to clarify obligations or respond to questions of general applicability that arise under the Bank Secrecy Act and implementing regulations at 31 CFR Chapter X. FinCEN alerts, advisories, notices, bulletins, and fact sheets are located here. Guidance regarding beneficial ownership reporting requirements under the Corporate Transparency Act can be found here. Other information pertaining to the Anti-Money Laundering Act of 2020 is available here.

| Depository Institutions
Guidance On Interpreting “Frequently” Found In The Criteria For Exempting A “Non-Listed Business” Under 31 C.F. R. §103.22(d)(2)(vi)(B)

Background

Bank Secrecy Act regulations require depository institutions to file with FinCEN currency transaction reports (CTRs) on transactions in currency of more than $10,000 (large currency transactions). See 31 C.F.R. § 103.22. However, the provisions of 31 C.F.R. §103.22(d)…

| Depository Institutions
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…

| Depository Institutions
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…

| Depository Institutions
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…

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FIN-1988-R002 (Formerly 88-2)

Ruling

This ruling, formerly known as 88-2, was posted to the website on May 18, 2010; it was previously published via the Federal Register. Please note that references in this ruling to CTR form numbers are outdated.

 

Facts

A customer walks…

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Unauthorized Disclosure of Suspicious Activity Reports

The Financial Crimes Enforcement Network has an obligation to ensure that data collected under the Bank Secrecy Act are properly collected, securely maintained and appropriately disseminated. Following the unauthorized and unlawful disclosures of certain Suspicious Activity Reports to the press…

| Money Services Businesses
FinCEN Notice 2011-3 Administrative Relief for Sellers and Providers of Prepaid Access

FinCEN is issuing this Notice to provide administrative relief to sellers and providers of prepaid access that would otherwise be subject to certain Bank Secrecy Act ("BSA") requirements imposed by a final rule published on July 29, 2011 (the "Final Rule").1 As a result of this…

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Anti-Money Laundering Programs and Records in English
Question:

My money services business understands that Bank Secrecy Act regulations (31 C.F.R. Part 103) require, among other things, implementing a written anti-money laundering program and maintaining records of certain transactions. Because of the nature of my business, I would prefer to…

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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. This…

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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…