Legal Reference for Bank Secrecy Act Forms and Filing Requirements

The Bank Secrecy Act (BSA), enacted in 1970, authorizes the Secretary of the Treasury to issue regulations requiring that financial institutions keep records and file reports on certain financial transactions. The authority of the Secretary to administer Title II of the BSA (codified at 31 U.S.C. 5311-5330 with implementing regulations at 31 CFR Chapter X (formerly 31 CFR Part 103) has been delegated to the Director of the Financial Crimes Enforcement Network (FinCEN).

The following information is provided to help financial institutions determine what forms they are required to file.

REMINDER: As of April 1, 2013, financial institutions must use the new FinCEN reports, which are available only electronically through the BSA E-Filing System. FinCEN is no longer accepting legacy reports. For more information, click here.

Currency Transaction Reports (CTRs)

Currency Transaction Report by Depository Institutions FinCEN CTR

For each financial institution other than a casino, as defined in 31 CFR 1010.100(t) (formerly 31 CFR 103.11(n)). 31 CFR 1010.311 (formerly 31 CFR 103.22(b)(1))

Currency Transaction Report by Casinos and Card Clubs FinCEN CTR

State and tribal casinos and card clubs located in the U.S., as defined in 31 CFR 1010.100(t)(5) (formerly 31 CFR 103.11(n)(5)). 31 CFR 1021.311; (formerly 31 CFR 103.22(b)(2))

Suspicious Activity Reports (SARs )

Suspicious Activity Report by Depository Institutions FinCEN SAR

For banks, as defined in 31 CFR 103.11(c). 31 CFR 1020.(formerly 31 CFR 103.18)

CSuspicious Activity Report by Securities and Futures Industries. FinCEN SAR

For broker-dealers, future commission merchants, introducing brokers in commodities and mutual funds, as defined in 31 CFR 1010.100(h),(x), (bb) and (gg) (formerly 31 CFR 103.11(f),(zz), (aaa) and (ccc)), respectively. 31 CFR 1023.320 (formerly 31 CFR 103.19), 31 CFR 1026.320 (formerly 31 CFR 103.17) and 31 CFR 1024.320 (formerly 31 CFR 103.15)

Suspicious Activity Report by Casinos and Card Clubs FinCEN SAR

For state and tribal casinos and card clubs located in the U.S., as defined in 31 CFR 1010.100(t)(5),(6) (formerly 103.11(n)(5),(6)). 31 CFR 1021.320 (formerly 31 CFR 103.21)

Suspicious Activity Report by Money Services Business FinCEN SAR

For money services businesses, as defined in 31 CFR 1010.100(ff) (formerly 103.11(uu)). 31 CFR 1022.320 (formerly 31 CFR 103.20)

Other FinCEN Reports

Money Services Business Registration FinCEN RMSB

For a business required to register with FinCEN as a money services business, as defined in 31 CFR 1010.100(ff) (formerly 31 CFR 103.11(uu)). Also used for renewals. 31 CFR 1022.380 (formerly 31 CFR 103.41)

Designation of Exempt Person (DOEP) FinCEN DOEP

For banks, as defined in 31 CFR 1010.100(d), to exempt certain customers from currency transaction reporting in accordance with 31 CFR 1010.311 (formerly 31 CFR 103.22(b)(1)). 31 CFR 1020.315 (formerly 31 CFR 103.22(d))

Report of International Transportation of Currency or Monetary Instruments (CMIR)
(FinCEN Form 105)

For individuals and companies, as defined in 31 CFR 1010.100(mm) (formerly 31 CFR 103.11(z)) that transports, ships, or mails more than $10,000 into or out of the United States. 31 CFR 1010.340 (formerly 31 CFR 103.23)

Report of Cash Payments Over $10,000 Received in a Trade of Business
(FinCEN/IRS Form 8300)

For each person engaged in a trade or business who receives over $10,000 in cash in one transaction or two or more related transactions. 31 CFR 1010.330 (formerly 31 CFR 103.30(a)-(c), (d)(2) and (d)(3)). There are exceptions to this requirement for certain casinos. 31 CFR 1021.330 (formerly 31 CFR 103.30(d)(1))

Report of Foreign Bank and Financial Accounts (FBAR) (TD F 90.22.1)

For each U.S. person who has a financial interest in, or signature authority, or other authority, over any financial accounts, including bank, securities, or other types of financial accounts in a foreign country, if the aggregate value of these financial accounts exceeds $10,000 at any time during the calendar year. 31 CFR 1010.350 (formerly 31 CFR 103.24)