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The Financial Crimes Enforcement Network is issuing this advisory to U.S. financial institutions so that they may guard against threats of illicit Iranian activity related to money laundering, terrorist financing and weapons of mass destruction proliferation financing. The Financial Action Task Force (FATF) has recently determined that Iran’s lack of a comprehensive anti-money laundering and combating the financing of terrorism (AML/CFT) regime represents a significant vulnerability within the international financial system.
The Financial Crimes Enforcement Network ("FinCEN") has noticed common errors in the filing of Suspicious Activity Reports ("SARs"). Although these errors were noted primarily through studying Suspicious Activity Reports by Money Services Business (Form 109) filings, we believe that publishing an explanation of ten of the most common errors and ways much of them readily can be mitigated could be informative to financial institutions in other industries in their efforts
The MSB Registration List, which is updated and posted on a monthly basis, contains entities that have registered as Money Services Businesses (MSBs) pursuant to the Financial Crimes Enforcement Network’s (FinCEN’s) Bank Secrecy Act regulations at 31 CFR 103.41. In accordance with FinCEN Guidance (FIN-2006-G006) on Registration and De-Registration of Money Services Businesses
The Federal Financial Institutions Examination Council (FFIEC) today released the revised Bank Secrecy Act/Anti-Money Laundering (BSA/AML) Examination Manual. The revised manual reflects the ongoing commitment of the federal and state banking agencies and the Financial Crimes Enforcement Network (FinCEN) to provide current and consistent guidance on riskbased policies, procedures, and processes for banking organizations to comply with the BSA and safeguard operations from money laundering and terrorist financing. The 2007 version further clarifies supervisory expectations since the July 28, 2006, update. The revisions again draw upon feedback from the banking industry and examination staff.
Enhanced Due Diligence for Correspondent Accounts Maintained by Certain Foreign Banks The Financial Crimes Enforcement Network (FinCEN) announced the issuance of a final rule implementing a key provision of Section 312 of the USA PATRIOT Act, clarifying the risk-based procedures that U.S. financial institutions should use in tailoring their enhanced due diligence to assess the risks of some foreign banking relationships. “As international anti-money laundering standards improve globally, risk assessments for foreign banks should become easier to conduct. Common standards are increasingly protecting both sides of the international relationship,” said FinCEN Director James H. Freis, Jr. “U.S. banks can take comfort in the fidelity of their foreign customers and foreign banks will find it easier to process their U.S. transactions.”
p>James H. Freis, Jr., Director of the Financial Crimes Enforcement Network (FinCEN), today issued the following statement about the federal financial regulatory agencies’ Interagency Statement on Enforcement of Bank Secrecy Act/Anti-Money Laundering Requirements. “Today’s statement by the agencies is another positive step with respect to clarity and consistency in the implementation of the Bank Secrecy Act. It complements our joint efforts to make the BSA regulatory framework even more efficient for the regulated industries and still more effective for analytical and law enforcement purposes. We share a commitment to initiatives of this kind, as outlined by Secretary Paulson last month.”
The federal financial regulatory agencies on Thursday issued a statement setting forth the agencies’ policy for enforcing specific anti-money laundering requirements of the Bank Secrecy Act (BSA). The purpose of the Interagency Statement on Enforcement of Bank Secrecy Act/Anti-Money Laundering Requirements is to provide greater consistency among the agencies in enforcement decisions in BSA matters and to offer insight into the considerations that form the basis of those decisions. The applicable statutes provide that if a regulated institution fails to establish and maintain a BSA compliance program or fails to correct a previously identified problem with its BSA compliance program, the appropriate agency shall issue a formal cease and desist order. The statement, which reflects the agencies’ current practices on enforcement with respect to BSA compliance, describes the circumstances under which the agencies will issue a cease and desist order in compliance with these statutory provisions. The statement also makes clear that the agencies may take formal or informal enforcement actions to address other concerns related to BSA or anti-money laundering, depending on the facts. The statement complements the Bank Secrecy Act/Anti-Money Laundering Examination Manual, which was similarly designed to foster interagency consistency and transparency regarding the BSA examination process.
The Financial Crimes Enforcement Network (FinCEN) has created a new page on its public website entitled Regulatory Efficiency and Effectiveness Initiative with the purpose of providing information to the public, on a regular basis, about its work to administer and implement a Bank Secrecy Act regulatory environment that is both efficient for the regulated industries and effective for law enforcement, analytical, and regulatory purposes.
James. H. Freis, Jr., Director of the Financial Crimes Enforcement Network, hosted the 27th plenary of the Bank Secrecy Act Advisory Group (BSAAG) on Wednesday. At the meeting, his first since becoming FinCEN’s Director in April, Director Freis pledged to work closely with all BSAAG members to ensure that the Bank Secrecy Act (BSA) is being administered in the most effective and efficient way. The BSAAG is comprised of high-level representatives from financial institutions, federal law enforcement agencies, regulatory authorities, and others from the private and public sectors. "The Bank Secrecy Act Advisory Group is a model of public-private sector partnership in which its participants can engage in open dialogue about the issues facing them related to the protection of the U.S. financial system from money laundering, terrorist financing, and other abuse," said Director Freis. "The plenary gathering is extremely important
United States Department of the Treasury Financial Crimes Enforcement Network FinCEN Advisory
Subject:Transactions Involving Nigeria
This Advisory is being issued to inform banks and other financial institutions operating in the United States that Financial Crimes Enforcement Network (FinCEN) Advisory Issue 32, regarding the Federal Republic of Nigeria, is hereby withdrawn.
Since the issuance of Advisory 32, and as reflected in its June 23, 2006 decision, the Financial Action Task Force on Money Laundering has removed Nigeria from its list of countries that are non-cooperative in the fight against money laundering, recognizing the progress Nigeria has made in implementing anti-money laundering reforms. Nigeria has enacted significant reforms to its counter-money laundering system, addressing the deficiencies listed in Advisory 32, and has taken concrete steps to bring these reforms into effect. Because of the enactment of new laws and the beginning of effective implementation, the enhanced scrutiny called for in Advisory 32 with respect to transactions invol
The U.S. Departments of Treasury, Justice, and Homeland Security joined together in issuing the 2007 National Money Laundering Strategy, a report detailing continued efforts to dismantle money laundering and terrorist financing networks and bring these criminals to justice. "The 2007 National Money Laundering Strategy is a direct result of close cooperation by the Departments of Justice, Treasury and Homeland Security, along with our foreign counterparts, and signifies our collective commitment to fight money laundering," said Assistant Attorney General Alice S. Fisher of the Justice Department's Criminal Division. "Implementation of this strategy will greatly assist in efforts to seize and forfeit millions in illegal proceeds that flow through the international financial system."
More than 2,000 members of the credit union industry participated Tuesday in the first-ever web-based seminar hosted jointly by the National Credit Union Administration (NCUA) and the Financial Crimes Enforcement Network (FinCEN). Entitled “BSA: A Year in Review and Setting the Table for 2007,” the free seminar, known as a Webinar, provided information and guidance to credit unions about their Bank Secrecy Act (BSA) obligations. The interactive format of the Webinar allowed members of the viewing audience to ask questions that were then answered by a panel of NCUA and FinCEN officials. The panel, which included JoAnn Johnson, NCUA Chairman, and Jamal El-Hindi, Associate Director of FinCEN’s Regulatory Policy and Programs Division, discussed topics that included NCUA’s BSA examination program; top BSA compliance issues; recent regulatory changes; how to prepare for a BSA compliance review; and FinCEN’s role as BSA administrator.
The Financial Crimes Enforcement Network (FinCEN) has issued the seventh edition (November 2006) of The SAR Activity Review By the Numbers. Highlights: - FinCEN has issued the seventh edition of The SAR Activity Review By the Numbers. The report is a compilation of numerical data gathered from Suspicious Activity Reports (SARs) filed by depository institutions, certain money services businesses, casinos and card clubs, and by certain segments of the securities and futures industries.
This document is a tool for financial institutions’ use in assessing and mitigating risks associated with implementation of Remote Deposit Image Capture (RDIC). This paper provides successful strategies that financial institutions (FIs) have employed for managing the risks with RDIC. It does not imply that all of these strategies are necessary for a successful program. This paper also does not address the specific technologies used to implement the RDIC process and/or mitigate the risk, as technology used will often be determined by other factors such as the compatibility of the clients’ and FIs’ equipment. This paper identifies potential risks as they pertain to product distribution, equipment and software, information system security, images and image quality, and processes.
This Federal Financial Institutions Examination Council (FFIEC) Bank Secrecy Act (BSA) /Anti-Money Laundering (AML) Examination Manual provides guidance to examiners for carrying out BSA/AML and Office of Foreign Assets Control (OFAC) examinations. An effective BSA/AML compliance program requires sound risk management; therefore, the manual also provides guidance on identifying and controlling risks associated with money laundering and terrorist financing. The manual contains an overview of BSA/AML compliance program requirements, BSA/AML risks and risk management expectations, industry sound practices, and examination procedures. The development of this manual was a collaborative effort of the federal banking agencies1 and the Financial Crimes Enforcement Network (FinCEN), a bureau of the U.S. Department of the Treasury, to ensure consistency in the application of the BSA/AML requirements. In addition, OFAC assisted in the development of the sections of the manual that relate to OFAC reviews. Refer to Appendices A ("BSA Laws and Regulations"), B ("BSA/AML Directives"), and C ("BSA/AML References") for guidance.
This Federal Financial Institutions Examination Council (FFIEC) Bank Secrecy Act (BSA) /Anti-Money Laundering (AML) Examination Manual provides guidance to examiners for carrying out BSA/AML and Office of Foreign Assets Control (OFAC) examinations. An effective BSA/AML compliance program requires sound risk management; therefore, the manual also provides guidance on identifying and controlling risks associated with money laundering and terrorist financing. The manual contains an overview of BSA/AML compliance program requirements, BSA/AML risks and risk management expectations, industry sound practices, and examination procedures. The development of this manual was a collaborative effort of the federal banking agencies1 and the Financial Crimes Enforcement Network (FinCEN), a bureau of the U.S. Department of the Treasury, to ensure consistency in the application of the BSA/AML requirements. In addition, OFAC assisted in the development of the sections of the manual that relate to OFAC reviews. Refer to Appendices A ("BSA Laws and Regulations"), B ("BSA/AML Directives"), and C ("BSA/AML References") for guidance.
Objective: Assess the organization's enterprise-wide program for BSA/AML compliance through the holding company or lead financial institution. Similar to the approach to consolidated credit, market, and operational risk, effective control of BSA/AML risk may call for coordinated risk management. An enterprise-wide BSA/AML compliance program coordinates the specific regulatory requirements throughout an organization inside a larger risk management framework. Such frameworks seek a consolidated understanding of the organization's risk exposure to money laundering and terrorist financing across all activities, business lines, or legal entities. For example, the holding company or lead financial institution may have a centralized function to evaluate BSA/AML risk; this may include the ability to understand world-wide exposure to a given customer, particularly those considered high¬risk or suspicious, consistent with applicable laws. Many organizations, typically those that are larger or more complex and that may include international operations, implement an enterprise-wide BSA/AML compliance program that manages risks in an integrated fashion across affiliates, business lines, and risk types (e.g., reputation, compliance, or transaction). Some larger or more complex organizations may decide to manage their risks by developing enterprise-wide approaches to their BSA/AML compliance program. Such programs manage risk at both operational and strategic levels.
The following is a list of the appendices from the Bank Secrecy Act/Anti-Money Laundering Examination Manual. > Read the entire appendicies here - PDF Appendix A: BSA Laws and Regulations (2006)
The Federal Financial Institutions Examination Council (FFIEC) today released the revised Bank Secrecy Act/Anti-Money Laundering (BSA/AML) Examination Manual (manual). The revised manual reflects the ongoing commitment of the federal banking agencies and the Financial Crimes Enforcement Network (FinCEN) to provide current and consistent guidance on risk-based policies, procedures, and processes for banking organizations to comply with the BSA and safeguard operations from money laundering and terrorist financing. The manual has been updated to further clarify supervisory expectations and incorporate regulatory changes since the manual's 2005 release. The revisions also draw upon feedback from the banking industry and examination staff.
The Federal Financial Institutions Examination Council today issued revised guidance for examiners and financial institutions to use in identifying information security risks and evaluating the adequacy of controls and applicable risk management practices of financial institutions. The Information Security Booklet is one of twelve that, in total, comprise the FFIEC IT Examination Handbook. In addition to the revised Information Security Booklet, the agencies also released an Executive Summary that contains high level synopses of each of the twelve booklets and describes the handbook development and maintenance processes. The security of financial institutions' systems and information is essential to maintaining the privacy of customer information and safe and sound operations. The Information Security Booklet describes how an institution should protect and secure the systems and facilities that process and maintain information. The booklet calls for financial institutions and technology service providers (TSPs) to maintain effective security programs tailored to the complexity of their operations.
Chairman Shelby, Ranking Member Sarbanes and other distinguished members of the Committee, thank you for the opportunity to speak to you today about our progress in combating terrorist financing and money laundering. In the last four months, we have seen assessments of our progress in both of these arenas - the 9/11 Commission Public Discourse Project's evaluation of our terrorist financing efforts and the U.S. Government's first-ever Money Laundering Threat Assessment. These assessments and this hearing provide an opportunity to take stock of how we are doing with respect to two of the leading concerns of my office. I welcome this committee's ongoing focus on these threats, and your continued support for our efforts to help stop illicit flows of money. Terrorist Financing The 9/11 Commission's Public Discourse Project awarded its highest grade, an A-, to the U.S. Government's efforts to combat terrorist financing. This praise truly belongs to the dozens of intelligence analysts, sanctions officers, regional specialists, and regulatory experts in the Treasury's Office of Terrorism and Financial Intelligence (TFI) who focus on terrorist financing, along with their talented colleagues in other agencies - law enforcement agents who investigate terrorism cases, Justice Department prosecutors who bring terrorist financiers to justice, foreign service officers in embassies around the world who seek cooperation from other governments and many others from the intelligence community. You will not find a more talented and dedicated group of people, with no trace of ego and a total focus on the mission.
Summary: We are issuing this advance notice of proposed rulemaking ("Advance Notice") as part of our ongoing effort to address, in the context of the Bank Secrecy Act, the issue of access to banking services by money services businesses. Both the banking industry and the money services business industry have expressed concerns with regard to the impact of Bank Secrecy Act regulations on the ability of money services businesses to open and maintain accounts and obtain other banking services at banks and other depository institutions. Due to the concerns about the effect of regulatory requirements on the provision of banking services to money services businesses, we, through the Non-bank Financial Institutions and the Examinations subcommittees of the Bank Secrecy Act Advisory Group, held a fact-finding meeting on March 8, 2005, to hear directly from banks, other depository institutions, and money services businesses concerning the challenges that they face on this issue.
The Federal Reserve Board on Wednesday announced its approval of a final rule to amend Regulation K to require Edge and Agreement corporations and U.S. branches, agencies, and other offices of foreign banks supervised by the Board to establish and maintain procedures reasonably designed to ensure and monitor compliance with the Bank Secrecy Act and related regulations. The Board will publish its final rule in the Federal Register shortly, and the rule will become effective 30 days after publication. The Bank Secrecy Act generally requires a financial institution doing business in the United States to keep records and make reports that have a high degree of usefulness in criminal, tax, or regulatory proceedings. Domestic financial institutions, such as state member banks subject to the Board's Regulation H, already have been required to establish and maintain programs to ensure and monitor compliance with the Bank Secrecy Act. The Board's final rule amends Regulation K to require Edge and Agreement corporations and U.S. branches, agencies, and other offices of foreign banks to implement and maintain similar compliance programs.
Whatever direction the cyberthreat takes, the United States Government will be confronting an increasingly interconnected world in the years ahead. This is the core message of GT2015. We will have to develop, in response, greater communications and collaboration across the agencies of our own Government, with other governments, and with the corporate world. Interagency cooperation will be essential to understanding the cyberthreat, as well as other transnational threats that will crowd our agenda, and to responding effectively with interdisciplinary strategies. Consequence management of a major attack on a critical US infrastructure would involve virtually all agencies of the Federal Government, State, and local governments, foreign governments, law enforcement, the military, the medical community, and the media. NSTISSC and the Intelligence Community clearly have a lot of work to do if we are to understand this evolving threat and to be prepared to deal with it.
In 2001, NCUA amended 12 CFR Part 748 to fulfill a requirement in Section 501 of the Gramm-Leach-Bliley Act (Pub. L. No. 106-102) (GLBA), in which Congressdirected both NCUA and the other Federal Financial Institution Examination Council (FFIEC ) agencies, including 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 “Banking Agencies”) to establish standards for financial institutions relating to administrative, technical, and physical safeguards to: (1) insure the security and confidentiality of customer records and information; (2) protect against any anticipated threats or hazards to the security or integrity of such records; and (3) protect against unauthorized access to or use of such records or information that could result in substantial harm or inconvenience to any customer. Although NCUA worked with the Banking Agencies to develop the standards described above, the Banking Agencies issued their standards as guidelines under the authority of Section 39 of the Federal Deposit Insurance Act.
Since Section 39 of the Federal Deposit Insurance Act does not apply to NCUA, the NCUA Board determined that it could best meet the congressional directive to prescribe standards through an amendment to its existing regulation governing security programs for federally insured credit unions and by providing guidanceto credit unions, substantially identical to the guidelines issued by the Banking Agencies, in an appendix to the regulation. 12 CFR Part 748, Appendix A; 66 FR 8152 (January 30, 2001). The preamble to the final rule discusses the different regulatory framework under which the Banking Agencies issued their guidelines. The final regulation requires each federally insured credit union to establish and maintain a security program implementing the safeguards required by GLBA.
Financial Crimes Enforcement Network
The Patriot Act, and How It Applies to the Banking Industry: The U.S. Department of the Treasury issued a final rule on September 26, 2002, to implement Section 314 of the USA PATRIOT Act that adds sections 103.100 and 103.110 to the Bank Secrecy Act regulations. These sections establish procedures that encourage information sharing between governmental authorities and financial institutions, and among financial institutions themselves. The new section 103.100 establishes a mechanism for law enforcement to communicate names of suspected terrorists and money launderers to financial institutions in return for securing the ability to promptly locate accounts and transactions involving those suspects. Financial institutions receiving names of suspects must search their account and transaction records for potential matches and report positive results to Treasury's Financial Crimes Enforcement Network (FinCEN) in the manner and time frame specified in the request. Each financial institution must designate a point of contact to receive information requests. FinCEN has prescribed that each financial institution supply point of contact information to its primary federal regulator. If you have not already done so, send by e-mail to FDICAdvisory@fdic.gov or by mail to FDIC, Special Activities Section, 550 17th Street NW, Washington, DC 20429, the following information: name of institution, name of point of contact, title, mailing address, e-mail address, telephone number, and fax number. Changes in contact information must be promptly reported.
Section 314(a) of the USA PATRIOT Act of 2001 (P.L. 107-56)1 , required the Secretary of the Treasury to adopt regulations to encourage regulatory authorities and law enforcement authorities to share with financial institutions information regarding individuals, entities, and organizations engaged in or reasonably suspected, based on credible evidence, of engaging in terrorist acts or money laundering activities. FinCEN issued a proposed rule on March 5, 2002, and the final rule on September 26, 2002(67 Fed. Reg. 60,579). Section 314(a) requirements are now published in 31 CFR Part 103.100.
The Bank Secrecy Act (BSA)/Anti-Money Laundering (AML) Examination InfoBase, which is located on the Federal Financial Institutions Examination Council's (FFIEC) Web site, has been updated. The InfoBase can be found at www.ffiec.gov/bsa_aml_infobase. Highlights: * On November 3, 2005, the FFIEC updated the BSA/AML Examination InfoBase, which is located on its Web site. * The InfoBase is an automated tool for examiners and the banking industry that provides information on the FFIEC BSA/AML Examination Manual, released on June 30, 2005. The InfoBase also helps examiners and the industry to more easily use and navigate the Manual.
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