Prerequisite: . institutions are subject to the BSA recordkeeping requirements. stability and public confidence in the nations financial Overview of BSA/AML Recordkeeping Requirements, Recordkeeping Requirements for Funds Transfers, Recordkeeping Requirements for Monetary Instruments. 5334 - Training regarding anti-money laundering and countering the financing of terrorism The FDIC publishes regular updates on news and activities. 5326 - Records of certain domestic transactions, [31 U.S.C. Keep up with FDIC announcements, read speeches and When Do Monetary Instruments Trigger Recordkeeping Requirements? Bank Secrecy Act (BSA) | OCC - United States Secretary of the Treasury Requirements to Holders of Prepaid Cards, Interagency Statement on Issuance of the Anti-Money Laundering/Countering the Financing of Terrorism National Priorities, Interagency Statement on Model Risk Management for Bank Systems Supporting Bank Secrecy Act/Anti-Money Laundering Compliance, Frequently Asked Questions Regarding Suspicious Activity Reporting and Other Anti-Money Laundering (AML) Considerations, Joint Fact Sheet on Bank Secrecy Act Due Diligence Requirements for Charities and Nonprofit Organizations, Joint Statement on Due Diligence Requirements for Customers Who May Be Considered Politically Exposed Persons (PEPs), Joint Statement on Enforcement of Bank Secrecy Act/Anti-Money Laundering Requirements, Providing Financial Services to Customers Engaged in FinCEN's Proposed Rule Regarding International Funds Transfers (October 2020). 5326, to authorize the Secretary to impose additional reporting and recordkeeping requirements on domestic financial institutions in a geographic area. With the All-Access Pass there is no guessing what you will need for your yearly training budget. BSA E-Filing Help Desk (technical assistance). 31 U.S.C. This regulation requires every national bank and savings association to have a written, board approved program that is reasonably designed to assure and monitor compliance with the BSA. Pay once and get a full year of unlimited training in any format, any time! Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its web site: www.nasbaregistry.org. The BSA requires each bank to establish a BSA/AML compliance The OCC conducts regular examinations of national banks, federal savings associations, federal branches, and agencies of foreign banks in the U.S. to determine compliance with the BSA. Associate with Skadden, Arps, Slate, Meagher & Flom LLP, Advises global financial institutions and multinational companies with respect to issues arising under U.S. anti-money laundering and economic sanctions laws, Extensive experience representing clients on domestic and complex cross-border compliance and enforcement matters, including internal investigations, regulatory examinations, transactional due diligence, voluntary disclosures, monitorships, and the resolution of administrative and enforcement proceedings involving federal and state regulatory and law enforcement agencies, In addition to representing clients in investigations and contested proceedings, he regularly works with clients to design and implement strong global, regional, and local compliance programs to address requirements imposed by U.S. anti-money laundering laws and economic and trade sanctions regulations, Advises major companies in the fintech/virtual currency spaces in connection with money transmission and similar licensing requirements, as well as related compliance obligations under applicable anti-money laundering and sanctions regulations, Recently completed a secondment in the headquarters of a global European-based bank, where he advised on obligations arising from the banks sanctions settlements with U.S. federal and state authorities, and assisted in developing and implementing an enhanced global sanctions compliance program, J.D. BSA-related reporting requirements for national banks and savings associations are administered by the US Department of Treasury's Financial Crimes Enforcement Network (FinCEN). Advance Preparation: None. 12 U.S.C. Challenge, Quarterly Banking Profile for First Quarter 2023, Quarterly Banking Profile for Fourth Quarter 2022, Quarterly Banking Profile for Third Quarter 2022, Financial report suspicious transactions related to terrorist activity FFIEC BSA/AML Appendices - Appendix P - BSA Record Retention Requirements Over 36 years and 1.4 million customers worth of experience providing continuing education. to misuse the U.S. financial system to launder criminal proceeds, All MSBs are required to develop and implement an anti-money laundering (AML) compliance program. An MSB is generally any person offering check cashing; foreign currency exchange services; or selling money orders . 1960 - Safe harbor with respect to keep open directives, 31 U.S.C. Laundering and Terrorist Financing, Interagency Statement on Sharing BSA Resources, Joint Fact Sheet on Foreign Correspondent Banking, FDIC Statement on Bank Merger Transactions, Important Information for Money Services Businesses sharing sensitive information, make sure youre on a federal Your one-stop shop for industry news, keen insights, and continuing 1954 - Injunctions Bank Secrecy Act (BSA) & Related Regulations | OCC 12 U.S.C. 12 U.S.C. The Bank Secrecy Act (BSA), 31 USC 5311 et seq establishes program, recordkeeping and reporting requirements for national banks, federal savings associations, federal branches and agencies of foreign banks. banking industry research, including quarterly banking Designate a person to assure day-to-day compliance with the BSA; Incorporate policies, procedures and internal controls reasonably designed to assure compliance with the BSA; Provide education and training to appropriate personnel; and. 5336 - Beneficial ownership information reporting requirements. Every MSB must register with FinCEN by electronically filing FinCEN Form 107, Registration of Money Services Business, unless a person or business is only an MSB because they serve as an agent of another MSB. data. 5322 - Criminal penalties The OCC's implementing regulations are found at 12 CFR 21.11 and 12 CFR 21.21. When Do Funds Transfers Trigger Recordkeeping Requirements? The Bank Secrecy Act (BSA), 31 USC 5311 et seq establishes program, recordkeeping and reporting requirements for national banks, federal savings associations, federal branches and agencies of foreign banks. Money laundering poses significant risks to the safety and soundness of the U.S. financial industry. training and development. 31 U.S.C. Latest Developments in Consumer Credit Reports. degree, with high honors, George Washington University Law School; B.A. 31 U.S.C. Lorman Education Services is registered with the National Association of State Boards of Accountancy (NASBA) as a QAS Self Study sponsor of continuing professional education on the National Registry of CPE Sponsors. U.S. banks play a key role in combating the financing of terrorism by identifying and reporting potentially suspicious activity as required under the BSA. Teaching Method: Seminar/Lecture. conferences and events. ], 31 U.S.C. International Economics, Joint Release/Agencies Propose Interagency Guidance on Reconsiderations of Value for Residential Real Estate 5320 - Injunctions This process will be necessary for each IP address you wish to access the site from, requests are valid for approximately one quarter (three months) after which the process may need to be repeated. 31 U.S.C. encrypted and transmitted securely. Delivery Method: QAS Self Study. other information issued by the FDIC alone, or on an interagency The Bank Secrecy Act (BSA), 31 USC 5311 et seq establishes program, recordkeeping and reporting requirements for national banks, federal savings associations, federal branches and agencies of foreign banks. your online This topic will provide an overview of the BSA's recordkeeping requirements and discuss the requirements for funds transfers, monetary instruments, and certain other types of transactions. Under the Bank Secrecy Act (BSA) and related anti-money laundering laws, banks must. The OCC's implementing regulations are found at 12 CFR 21.11 and 12 CFR 21.21. Level of Knowledge: Intermediate. In general, the BSA requires that a bank maintain most records for at least five years. 5323 - Whistleblower incentives and protections For answers to your questions about BSA reporting and recordkeeping requirements, please visit www.msb.gov. PDF Bank Secrecy Act, Anti-money Laundering, and Office of Foreign - Fdic Final approval of a course for CPE credit belongs with each state's regulatory board. An official website of the United States Government. Please choose the best format for your needs: You will be able to identify the characteristics of the Bank Secrecy Act (BSA), You will be able to identify financial institution requirements under the BSA, You will be able to identify the amendments to the BSA, You will be able to differentiate between types of monetary instruments, Requirements for Banks and Other Financial Institutions. This topic will provide an overview of the BSA's recordkeeping requirements and discuss the requirements for funds transfers, monetary instruments, and certain other types of transactions. 1955 - Civil penalties Call 877-296-2169 to speak with a real person. 31 U.S.C. changes for banks, and get the details on upcoming The Bank Secrecy Act (BSA) requires many financial institutions, including money services businesses (MSB), to keep records and file reports on certain transactions to the U.S. Department of the Treasury's Financial Crimes Enforcement Network (FinCEN).. Money Services Business. The FDIC provides a wealth of resources for consumers, activities and related funding of 16 Federal Department and Agencies. 31 U.S.C. to law enforcement using the. Questions? 12 U.S.C. Informational videos and recordings of archived webcasts and teleconferences. Browse our extensive research tools and reports. Invest in yourself with the All-Access Pass. basis, provided to promote safe-and-sound operations. 1956 - Criminal penalty 12 U.S.C. The BSA consists of two parts: Title I Financial Recordkeeping and Title II Reports of Currency and Foreign Transactions. Call 1-866-352-9540 for further credit information. This information should help you understand when various types of transactions trigger recordkeeping requirements and what information must be collected and retained. Examination Manual, Financial Crimes Enforcement Network (FinCEN), Financial institutions must use the electronic, The Office of National Drug Control Policy coordinates the drug control professional in your field. The BSA was amended to incorporate the provisions of the USA PATRIOT Act which requires every bank to adopt a customer identification program as part of its BSA compliance program. $699 will cover all of your training needs for an entire year! Notices that FinCEN has submitted to the Federal Register are located here. Profile, FDIC Academic The .gov means its official. The FDIC is proud to be a pre-eminent source of U.S. Title I authorizes the Secretary of the Department of the Treasury (Treasury) to issue regulations, which require insured financial institutions to maintain certain records. learning. 5325 - Identification required to purchase certain monetary instruments The BSA authorizes the Department of the Treasury to impose reporting and other requirements on financial institutions and other businesses to help detect and prevent money laundering. Report of International Transportation of Currency or Monetary Instruments (CMIR), Report of Foreign Bank and Financial Accounts (FBAR). Valuations, Joint Release/Quality Control Standards for Automated Valuation Models Notice of Proposed Rulemaking, FDIC National Survey of Unbanked and Underbanked Households, Quarterly Banking program. An official website of the United States government. The program must, at a minimum: This regulation requires every national bank to file a Suspicious Activity Report (SAR) when they detect certain known or suspected violations of federal law or suspicious transactions related to a money laundering activity or a violation of the BSA. 5321 - Civil penalties A credit union must file a SAR electronically through FinCEN's BSA E-Filing system within 30 days of the date of detection (if no suspect can be identified, the period for filing a SAR is extended to 60 days). You haven't gotten to where you are professionally by luck alone; it's taken a lot of hard work and training. profiles, working papers, and state banking performance They are also required to renew their MSB registration each two-calendar-year period following the initial registration by filing another Form 107. Once you purchase your All-Access Pass you will never be any further than one-click away from attending any Lorman training course. Financing of Terrorism, Wolfsberg Correspondent Banking Due Diligence Questionnaire, 2022 National Strategy for Combating Terrorist and Other Illicit Financing, National Money Laundering Risk Assessment, National Terrorist Financing Risk Assessment, National Proliferation Financing Risk Assessment, Office of Terrorism and Financial Intelligence, Law Enforcement, Organized Crime and Anti-Money-Laundering 31 U.S.C. With the advent of terrorists who employ money-laundering techniques to fund their operations, the risk expands to encompass the safety and security of the nation. In general, the BSA requires that a bank maintain most records for at least five years. 5312 - Definitions and application 5330 - Registration of money transmitting businesses Hemp-Related Businesses, Joint Statement on Risk-Focused BSA/AML Supervision, Joint Statement on Innovative Efforts to Combat Money Laws and Regulations Key laws and regulations that pertain to FDIC-supervised institutions; note that other laws and regulations also may apply. 1953 - Recordkeeping and procedures The BSA E-Filing Systemsupports the electronic filing of BSA forms (either individually or in batches) through a FinCEN secure network. 31 U.S.C. Field of Study: Specialized Knowledge for 1.6 hours. 5333 - Safe harbor with respect to keep open directives 31 U.S.C. The BSA establishes recordkeeping requirements related to various types of records including: customer accounts (e.g., loan, deposit, or trust), BSA filing requirements, and records that document a bank's compliance with the BSA. Key laws and regulations that pertain to FDIC-supervised institutions; note that other laws and regulations also may apply. By statute, individuals, banks, and other financial Recordkeeping requirements for nonbank financial institutions are set forth in 31 CFR 1010.410(e). 31 U.S.C. The program should reasonably prevent individuals from using the MSB to facilitate money laundering or to finance terrorist activities. [ 2] This grant of authority to the Secretary did not require the promulgation of an implementing . CPE Credit: Maximum Credit Hours: 1.6 each session (based on a 50 minute credit hour). 5331 - Reports relating to coins and currency received in nonfinancial trade or business 12 U.S.C. The BSA was amended to incorporate the provisions of the USA PATRIOT Act which requires every bank to adopt a customer identification program as part of its BSA compliance program. 5311-5314, 5316-5336, and includes notes thereto. Each program must be written and take into account the inherent risks, as well as: MSBs must electronically file FinCEN Form 112, Currency Transaction Report, when they have a cash-in or cash-out currency transaction, or multiple transactions, totaling more than $10,000 during one business day for any one person, or on behalf of any one person. The following FinCEN publications provide additional guidance and information to bankers: OCC Frequently Asked Questions for Banks Regarding COVID-19, Bank Secrecy Act/Anti-Money Laundering: Customer Due Diligence and Beneficial Ownership Requirements for Legal Entity Customers Overviews and Examination Procedures, Bank Secrecy Act/Anti-Money Laundering: Revised FFIEC BSA/AML Examination Manual, Treasury publishes National Money Laundering and Terrorist Financing Risk Assessments, Learn about other organizations and federal government agency efforts to combat money laundering and terrorist financing, Third-Party Relationships: Interagency Guidance on Risk Management, Central Application Tracking System (CATS), Office of Thrift Supervision Archive Search, BSA/AML Bulletins, FinCEN Advisories, & Related BASEL Information, BSA/AML Innovative Industry Approaches & Other Related Links, Links to Other Organizations BSA Information, Financial Crimes Enforcement Network (FinCEN), Frequently Asked Questions Regarding the FinCEN Currency Transaction Report (CTR), Frequently Asked Questions Regarding the FinCEN Suspicious Activity Report (SAR, SAR Activity Review, Trends, Tips and Issues, Foreign Assets Control Regulations (OFAC), Financial Record Keeping and Reporting of Currency and Foreign Transactions -. OCC Frequently Asked Questions for Banks Regarding COVID-19, Bank Secrecy Act/Anti-Money Laundering: Customer Due Diligence and Beneficial Ownership Requirements for Legal Entity Customers Overviews and Examination Procedures, Bank Secrecy Act/Anti-Money Laundering: Revised FFIEC BSA/AML Examination Manual, Treasury publishes National Money Laundering and Terrorist Financing Risk Assessments, Learn about other organizations and federal government agency efforts to combat money laundering and terrorist financing, Third-Party Relationships: Interagency Guidance on Risk Management, Central Application Tracking System (CATS), Office of Thrift Supervision Archive Search, BSA/AML Bulletins, FinCEN Advisories, & Related BASEL Information, BSA/AML Innovative Industry Approaches & Other Related Links, Links to Other Organizations BSA Information, BSA/Anti-Money Laundering (AML) Examinations, BSA/AML Bulletins, Financial Crimes Enforcement Network (FinCEN) Advisories, & Related BASEL Information, Links to Other Organizations' BSA Information, OCC Releases Bank Supervision Operating Plan for Fiscal Year 2023, Bank Secrecy Act/Anti-Money Laundering: Joint Statement on the Risk-Based Approach to Assessing Customer Relationships and Conducting Customer Due Diligence, Suspicious Activity Reports: OCC Authority for Exemptions to Suspicious Activity Report Requirements: Final Rule, Establish effective BSA compliance programs, Establish effective customer due diligence systems and monitoring programs, Establish an effective suspicious activity monitoring and reporting process, Develop risk-based anti-money laundering programs. 1951 - Congressional findings and declaration of purpose history, career opportunities, and more. the official website and that any information you provide is 31 U.S.C. Learn about the FDICs mission, leadership, 5311 - Declaration of purpose PDF Appendix P: BSA Record-Retention Requirements By statute, individuals, banks, and other financial institutions are subject to the BSA recordkeeping requirements. In 1988, the Anti-Drug Abuse Act amended the BSA, codified in relevant part at 31 U.S.C. The Currency and Foreign Transactions Reporting Act of 1970, its amendments, and the other statutes relating to the subject matter of that Act, have come to be referred to as the Bank Secrecy Act (BSA). Page Last Reviewed or Updated: 27-Jun-2023, Request for Taxpayer Identification Number (TIN) and Certification, Employers engaged in a trade or business who pay compensation, Electronic Federal Tax Payment System (EFTPS), FinCEN Form 107, Registration of Money Services Business, anti-money laundering (AML) compliance program, FinCEN Form 112, Currency Transaction Report, FinCEN Form 111, Suspicious Activity Report, Report of Foreign Bank and Financial Accounts (FBAR), Form 105, Report of International Transportation of Currency or Monetary Instruments, Bank Secrecy Act Requirements A Quick Reference Guide for MSBs, Examination Manual for Money Services Businesses, Reporting Suspicious Activity A Quick Reference Guide for MSBs, Treasury Inspector General for Tax Administration, Money Services Business (MSB) Information Center.