|
 |
 |
 |
 |
|
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
Office of Thrift Supervision (OTS) Director John Reich cited close cooperation among federal bank regulators as a key ingredient in the successes in safeguarding the nation’s financial system from money laundering and terrorist financing.
During a speech at a conference sponsored by the Federal Financial Institutions Examination Council (FFIEC), Reich highlighted several examples of the collaboration between the OTS and the other federal bank agencies in ensuring compliance with the Bank Secrecy Act and anti-money laundering (BSA/AML) rules.
Summary: The Federal Financial Institutions Examination Council (FFIEC) released the revised Bank Secrecy Act/Anti-Money Laundering (BSA/AML) Examination Manual on August 24, 2007. Highlights:
Summary: The federal financial regulatory agencies have issued the attached statement setting forth the policy for enforcing specific anti-money laundering (AML) requirements of the Bank Secrecy Act (BSA). Highlights:
This interagency statement jointly issued by the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency, the Office of Thrift Supervision, and the National Credit Union Administration, sets forth the Agencies' policy on the circumstance in which an Agency
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.
The Financial Crimes Enforcement Network (FinCEN) has issued guidance to financial institutions to address law enforcement agency requests to keep open particular accounts.
The Financial Crimes Enforcement Network (FinCEN) has issued guidance reminding financial institutions to provide all documentation supporting the filing of a Suspicious Activity Report (SAR) upon request by FinCEN, appropriate law enforcement or a supervisory agency.
The Financial Crimes Enforcement Network (FinCEN) has announced delayed implementation of the revised Suspicious Activity Report by Depository Institutions (SAR-DI) form. The revised form was scheduled to take effect on June 30, 2007, and become mandatory on December 31, 2007.
The Financial Crimes Enforcement Network (FinCEN) has updated two Bank Secrecy Act guidance. Financial institutions are recommended to read these guidance for the latest information on maintaining accounts and Suspicious Activity Report (SAR) supporting documentation.
The Financial Crimes Enforcement Network (FinCEN) has issued the eleventh edition (May 2007) of The SAR Activity Review - Trends, Tips & Issues.
The U.S. Departments of Treasury, Justice, and Homeland Security have jointly released the 2007 National Money Laundering Strategy, which responds directly to the first U.S. Money Laundering Threat Assessment, released in December 2005.
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
OCC: Notification of Delay in the Implementation of Revised Suspicious Activity Report by Deposit Institutions (SAR-DI) Date: May 17, 2007 TO: Chief Executive Officers and Compliance Officers of All National Banks, Federal Branches and Agencies, Department and Division Heads, and All Examining Personnel The attached documents, issued on April 27, 2007, by the Financial Crimes Enforcement Network (FinCEN), announce the delayed implementation of certain revised Suspicious Activity Report (SAR) forms that were scheduled to become effective on June 30, 2007. FinCEN is withdrawing the effective date for the revised SAR forms for depository institutions, casinos and card clubs, insurance companies, and the securities and futures ind
FinCEN has issued a SAR Activity Review report for financial institutions to use. Click to read the SAR Activity Review: Trends, Tips and Issues Update.
Summary: The Wolfsberg Group and The Clearing House Association L.L.C. have issued the attached joint statement endorsing measures to enhance the transparency of international wire transfers. Financial Institution Letter FIL-37-2007 Highlights: To promote the effectiveness of global anti-money laundering and anti-terrorist financing programs, The Wolfsberg Group and The Clearing House Association L.L.C. have announced a statement for change in international wire transfer practices.
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.
The National Credit Union Administration and the Financial Crimes Enforcement Network today announced that they will jointly host a seminar over the web "BSA: A Year in Review and Setting the Table for 2007." The seminar, known as a webinar, will take place on Tuesday, February 6, 2007 and will be co-hosted by JoAnn Johnson, Chairman of the National Credit Union Administration (NCUA), and Jamal El-Hindi, Associate Director of the Regulatory Policy and Programs Division at the Financial Crimes Enforcement Network (FinCEN).
How a financial institution can create an effective incident response program to mitigate a data security breach is reported in the FDIC's winter 2006 edition of Supervisory Insights, released today. Other topics covered in today's edition are: an update on CRE lending nationwide, with a look at best practices in CRE concentrations, particularly for identifying, monitoring and controlling risk in this lending area; the increasing number of unfair or deceptive acts or practices, and how examiners identify and address those violations; and highlights of recent USA PATRIOT Act changes and the types of Bank Secrecy Act (BSA)-related violations that examiners are citing.
Why GAO Did This Study
The Board of Governors of the Federal Reserve System (FRB), Federal Deposit Insurance Corporation (FDIC), National Credit Union Administration (NCUA), Office of the Comptroller of the Currency (OCC), Office of Thrift Supervision (OTS), and the Financial Crimes Enforcement Network (FinCEN) are hosting two nationwide conference calls regarding the release of the revised 2006 FFIEC BSA/AML Examination Manual for the banking industry. The Office of Foreign Assets Control will also participate in these calls. Each one-hour teleconference will provide an overview of significant revisions and updates to the manual and conclude with a question and answer session. These calls are open to all banking organizations.
The following Question and Answer (Q & A) guidance is the first group of responses to questions submitted during the July 31, 2006, OTS BSA/AML "Getting it Right" conference call. If you do not see your specific question covered, please check back at a later date. We expect to have the majority of Q & A's posted by August 31, 2006. The answers provided may encompass suggested best practice guidance and are not intended to be comprehensive, apply to all factual situations, or to replace or supersede the BSA regulations. Whenever possible, we consolidated common questions and provided hyperlinks to various referenced guidance materials or administrative rulings.
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.
FinCEN's primary function is to support and strengthen domestic and international anti-money laundering efforts through coordination and partnerships. Since its creation in 1990, FinCEN has been responsible for overseeing the management, processing, storage and dissemination of Bank Secrecy Act (BSA) data. In 2004, FinCEN embarked on a major initiative intended to improve the sharing of information reported under the Bank Secrecy Act. BSA Direct is an umbrella project intended to provide secure, user-friendly, web-based tools for accessing, analyzing, and filing BSA data. It is part of a broad effort to reengineer data management responsibilities and transition them from the IRS. During the early spring of 2006, it became clear to FinCEN that the Retrieval and Sharing component of the BSA Direct project (BSA Direct R&S) was not going to meet the critical implementation deadline of June 30, 2006. Objectives Because FinCEN has experienced problems with development and implementation of the BSA Direct R&S, you asked us about the project's current status and to provide observations on FinCEN's IT investment management practices. Our objectives were to (1) describe BSA Direct R&S and the project's current status; (2) examine FinCEN's application of information technology (IT) investment management processes to the BSA Direct R&S project; and (3) describe, at a high level, the range of options FinCEN may consider as it reexamines the BSA Direct R&S project.
Conference Call A live, 90 minute, telephone briefing that will provide thrifts with valuable information regarding BSA/AML compliance, including best practices, common violations, and strategies for building an effective BSA/AML compliance program. Hear from top experts at OTS and have an opportunity to ask questions and receive answers. Compliance Officers, Risk Managers, Auditors, Attorneys, and Senior Managers Should Make Plans to Participate Monday, July 31
Please note that the following rule is the version that was approved by the NCUA Board. The official version is published in the Federal Register approximately one week after Board approval. There may be some minor numbering or format differences between the two versions. The proposed rule describes in greater detail the requirements for reporting and filing a Suspicious Activity Report (SAR) and addresses prompt notification of the board of directors of SAR filings, the confidentiality of reports, and liability protection. NCUA also proposes to change the heading for this part so it more accurately describes its scope. While retaining cross-references in the rule to the SAR form and instructions, these changes will enhance credit union compliance by providing greater detail in the rule on the thresholds and procedures for filing a SAR.
Summary: The Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) has issued the attached advisory to U.S. financial institutions to guard against potential money laundering threats involving the smuggling of bulk U.S. currency into Mexico and the possible abuse of their financial services by certain Mexican financial institutions, including Mexican "casas de cambio." Highlights: - On April 28, 2006, FinCEN issued the attached advisory to U.S. financial institutions about a potential money laundering threat concerning the smuggling of U.S. currency into Mexico and the potential misuse of relationships with U.S. financial institutions by certain Mexican financial institutions, including Mexican casas de cambio.
Summary: The Department of the Treasury's Financial Crimes Enforcement Network (FinCEN) is seeking public comment on the attached Advance Notice of Proposed Rulemaking (ANPR) regarding the impact of Bank Secrecy Act (BSA) regulations on the ability of money services businesses (MSBs) to open and maintain accounts and obtain other banking services at banks and other depository institutions. Highlights: - FinCEN has issued the attached ANPR seeking comments from the public, MSBs, and the banking industry regarding the BSA's impact on MSBs ' ability to obtain appropriate access to banking services. - MSBs have experienced obstacles in opening and maintaining deposit accounts with banks.
FinCEN is soliciting updated facts about this issue as well as feedback on whether additional guidance or regulatory action under the BSA might address these concerns.
Summary: The Financial Crimes Enforcement Network (FinCEN) has issued the attached final rule extending, in part, the applicability dates for implementing the international correspondent banking provisions and the private banking provisions of Section 312 of the USA PATRIOT Act. Highlights: On January 4, 2006, FinCEN issued a final regulation implementing Section 312 of the USA PATRIOT Act. The final rule took effect on February 3, 2006, and superseded the interim final rule issued on July 23, 2002. The final rule requires U.S. financial institutions to apply due diligence to correspondent accounts maintained for certain foreign financial institutions and private banking accounts maintained for foreign individuals. Regarding correspondent banking, generally, the rule establishes the scope of U.S. financial institutions to which the rule applies and outlines general due diligence requirements to mitigate exposure to potential money-laundering activities.
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 Department of the Treasury has designated Commercial Bank of Syria, including its subsidiary, Syrian Lebanese Commercial Bank, as a financial institution of primary money laundering concern and has issued the attached final rule restricting domestic financial institutions' banking relationships with this entity. Highlights: - On March 15, 2006, the Department of the Treasury's Financial Crimes Enforcement Network (FinCEN) issued a final rule announcing the designation of Commercial Bank of Syria, including its subsidiary, Syrian Lebanese Commercial Bank, to be a financial institution of "primary money laundering concern" under Section 311 of the USA PATRIOT Act. For purposes of this document, references to Commercial Bank of Syria include Syrian Lebanese Commercial Bank, and any other branch, office or subsidiary of Commercial Bank of Syria.
The Financial Crimes Enforcement Network today announced it is issuing a survey to banking and financial services industry trade groups seeking information about the feasibility and impact of implementing a cross-border wire transfer reporting requirement under the Bank Secrecy Act. The survey, which is required by the Intelligence Reform and Prevention Act of 2004, is part of an ongoing study into the feasibility of imposing a requirement that financial institutions to report to FinCEN records that they currently maintain concerning international wire transfers. The survey, which is required by the Intelligence Reform and Prevention Act of 2004, is part of an ongoing study into the feasibility of imposing a requirement that financial institutions report to FinCEN records that they currently maintain concerning international wire transfers. The American Bankers Association, the Institute of International Bankers, the Credit Union National Association, the Independent Community Bankers of America and representatives of major money wire services are assisting in this effort by distributing this survey to their membership.
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.
The Financial Crimes Enforcement Network (FinCEN) and the federal bank, thrift and credit union regulatory agencies are soliciting comments on the attached proposed changes to the Suspicious Activity Report (SAR) form. Highlights:
- On February 17, 2006, FinCEN and the federal bank, thrift and credit union regulatory agencies issued the attached notice and request for comments in the Federal Register on proposed changes to the SAR form that is used by depository institutions. The SAR form is being revised and reformatted to standardize it with SARs used by financial institutions in other industries.
The purpose of the Suspicious Activity Report (SAR) is to report known or suspected violations of law or suspicious activity observed by financial institutions subject to the regulations of the Bank Secrecy Act (BSA). In many instances, SARs have been instrumental in enabling law enforcement to initiate or supplement major money laundering or terrorist financing investigations and other criminal cases. Information provided in SAR forms also presents the Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) with a method of identifying emerging trends and patterns associated with financial crimes. The information about those trends and patterns is vital to law enforcement agencies and provides valuable feedback to financial institutions. Financial institutions are required to submit SAR forms that are complete, sufficient and timely filed. Unfortunately, some financial institutions file SAR forms that contain incomplete, incorrect, and/or disorganized narratives, making further analysis difficult, if not impossible. Some SAR forms are submitted with blank narratives. The failure to adequately describe the factors making the transaction or activity suspicious undermines the very purpose of the SAR and lessens its usefulness to law enforcement. Because the SAR narrative serves as the only free text area for summarizing suspicious activity, it is essential that financial institutions’ staff write narratives that are clear, concise, and thorough.
The Financial Crimes Enforcement Network (FinCEN) published the attached final rule and proposed rule in the Federal Register on January 4, 2006. The final rule implements the international correspondent banking provisions and the private banking provisions of section 312 of the USA PATRIOT Act. Simultaneously, FinCEN announced a related notice of proposed rulemaking involving one key provision of section 312 that requires enhanced due diligence for correspondent accounts maintained for certain foreign banks. Section 312 of the USA PATRIOT Act requires U.S. financial institutions to perform due diligence and, in some cases, enhanced due diligence, with regard to correspondent accounts established or maintained for foreign financial institutions and private banking accounts established or maintained for non-U.S. persons. The final rule implements the general due diligence requirements pertaining to foreign financial institutions as well as the due diligence and enhanced scrutiny requirements pertaining to private banking accounts. Specifically included in the requirements is the duty to conduct enhanced scrutiny of any private banking account that is maintained for senior foreign political figures, their immediate family members, or persons widely and publicly known to be close associates of such individuals.
On January 12, 2006, the Office of Foreign Assets Control (OFAC) published in the Federal Register, “Economic Sanctions Enforcement Procedures for Banking Institutions,” along with a request for comments. OFAC will follow the published procedures when deciding whether to impose enforcement actions against banking institutions for noncompliance with its regulations. In conjunction with issuing this interim final rule, OFAC has withdrawn the January 29, 2003, proposed rule to the extent it applied to banking institutions. The new enforcement procedures will evaluate a banking institution’s apparent OFAC-related violation in the context of the institution’s overall OFAC compliance program and specific OFAC compliance record. OFAC will not conduct such a review if no apparent violation exists within a banking institution.
This guidance concerns Bank Secrecy Act requirements under current regulations for the initial registration, and registration renewal, of money services businesses. It also describes policies regarding de-registration and ceasing to be a money services business. Concurrent with the issuance of this guidance, the Financial Crimes Enforcement Network is undertaking a broader review of the regulatory framework for money services businesses. This review likely will result in further changes and additional regulatory guidance being issued, as appropriate. In the meantime, pending review of the registration regulations, the following guidance is offered to provide clarity concerning registration and de-registration of money services businesses.
The Financial Crimes Enforcement Network (FinCEN) has released the attached guidance to clarify the date on which certain U.S. financial institutions must complete recertifications to comply with regulations relating to correspondent accounts established, maintained, administered or managed in the U.S. for, or on behalf of, foreign financial institutions. Highlights: - On February 3, 2006, FinCEN issued guidance to clarify the date that U.S. financial institutions must complete recertifications to comply with regulations relating to correspondent accounts established, maintained, administered or managed in the U.S. for, or on behalf of, foreign financial institutions. - The Bank Secrecy Act prohibits banking institutions from establishing, maintaining, administering or managing a correspondent account in the U.S. for, or on behalf of, foreign banks that do not have a physical presence in any country. The regulations allow covered financial institutions to receive a "safe harbor" for compliance if they use the certification process.
On January 11, 2006, the first U.S. government-wide analysis of money laundering, “U.S. Money Laundering Threat Assessment” (MLTA), published by the Treasury Department, was released. The report is the product of an interagency working group of 16 federal agencies, bureaus, and offices. The purpose of the MLTA is to help policy makers, regulators, and the law-enforcement community better understand the landscape of money laundering in the United States and to support strategic planning efforts to combat that activity.
Summary: Highlights: This report is the product of an interagency working group composed of experts from various U.S. government agencies, bureaus and offices that study and combat money laundering. The Money Laundering Threat Assessment is designed to help policymakers, regulators and the law enforcement community better understand the landscape of money laundering in the United States and to support strategic planning efforts to combat money laundering.
The Financial Crimes Enforcement Network and the federal banking agencies – the Federal Deposit Insurance Corporation, the Board of Governors of the Federal Reserve System, the Office of the Comptroller of the Currency, and the Office of Thrift Supervision – are issuing the attached guidance to notify institutions when a Suspicious Activity Report (SAR) can be shared with a holding company or other controlling company, or with the head office of a U.S. branch or agency of a foreign bank.
This bulletin amends OCC Bulletin 2004-50, Enforcement Guidance for BSA/AML Program Deficiencies, dated November 10, 2004, by adding a new Appendix A entitled “Process for Taking Administrative Enforcement Actions Against Banks Based on BSA Violations.” The purpose of this new appendix is to ensure that the OCC’s process for taking administrative enforcement actions based on BSA violations is measured, fair, and fully informed. These procedures set forth the general process to be followed in enforcement cases based on BSA violations. They provide only internal OCC guidance. The OCC may deviate from these procedures in certain cases, e.g., cases in which a developing situation in a bank requires immediate action, other unusual or exigent circumstances are present, or intervening developments require a different course of action.
Agencies Release Bank Secrecy Act/Anti-Money Laundering Examination Manual The Federal Financial Institutions Examination Council (FFIEC) today released the Bank Secrecy Act/Anti-Money Laundering Examination Manual (FFIEC BSA/AML Examination Manual). The manual’s release marks an important step forward in the effort to ensure the consistent application of the BSA to all banking organizations including commercial banks, savings associations, and credit unions. The FFIEC BSA/AML Examination Manual was developed by the Board of Governors of the Federal Reserve System (Board), Federal Deposit Insurance Corporation (FDIC), National Credit Union Administration (NCUA), Office of the Comptroller of the Currency (OCC), and Office of Thrift Supervision (OTS) (collectively referred to as the federal banking agencies) in collaboration with the Financial Crimes Enforcement Network (FinCEN), the delegated administrator of the BSA. In addition, through the Conference of State Bank Supervisors, the state banking agencies played a consultative role. The Office of Foreign Assets Control collaborated on the development of core overview and examination procedures addressing compliance with regulations enforced by OFAC.
Financial Crimes Enforcement Network
The OCC, FRB, FDIC, and OTS are issuing the attached final “Interagency Guidance on Response Programs for Unauthorized Access to Customer Information and Customer Notice.” The guidance was published in the Federal Register on March 29, 2005, and became effective upon publication. The guidance interprets the Interagency Guidelines Establishing Information Security Standards (Security Guidelines)[1] and states that each financial institution should implement a response program to address unauthorized access to customer information maintained by the institution or its service providers. The guidance describes the components that a response program should contain including procedures to notify customers about incidents that involve unauthorized access to sensitive customer information. The guidance provides that, “when a financial institution becomes aware of an incident of unauthorized access to sensitive customer information, the institution should conduct a reasonable investigation to promptly determine the likelihood that the information has been or will be misused. If the institution determines that misuse of its information about a customer has occurred or is reasonably possible, it should notify the affected customer as soon as possible.” However, notice may be delayed if an appropriate law enforcement agency determines that notification will interfere with a criminal investigation and provides the institution with a written request for a delay.
The Federal Reserve Board on Monday announced amendments to Appendix A of Regulation CC that reflect the restructuring of the Federal Reserves check processing operations in the Twelfth District. These amendments are part of a series of amendments to Appendix A that will take place through the first quarter of 2006, associated with the previously-announced restructuring of the Reserve Banks check processing operations. Appendix A provides a routing number guide that helps depository institutions determine the maximum permissible hold periods for most deposited checks. As of October 22, 2005, the Portland branch office of the Federal Reserve Bank of San Francisco no longer will process checks, and banks currently served by that office will be reassigned to the Seattle branch office of the Federal Reserve Bank of San Francisco.
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.
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
RSS Syndication