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, Securities and Futures
Application of Correspondent Account Rules to the Presentation of Negotiable Instruments Received by a Covered Financial Institution for Payment

The Financial Crimes Enforcement Network ("FinCEN") is issuing this interpretative guidance to clarify how our rules implementing section 312 of the USA PATRIOT Act (the correspondent account rule) apply to a covered financial institution presenting a negotiable instrument for payment to another…

Reporting of Certain Currency Transactions for Sole Proprietorships and Legal Entities Operating Under a "Doing Business As" ("DBA") Name

The Financial Crimes Enforcement Network ("FinCEN") is issuing this administrative ruling to clarify the currency transaction report ("CTR") filing obligations when reporting transactions involving sole proprietorships. Subsequent to a prior ruling on this issue,1 FinCEN received…

| Depository Institutions, Money Services Businesses
Application of the Definition of Money Services Business to Certain Owner-Operators of Automated Teller Machines Offering Limited Services

The Financial Crimes Enforcement Network is issuing this interpretive guidance to clarify whether a non-bank owner and operator of an automated teller machine (ATM) would be a money services business (MSB) as that term is defined under the Bank Secrecy Act and its implementing regulations.…

| Depository Institutions
Whether a Business that Cashes Checks Payable to Customers to Apply Proceeds to the Repayment of Customers' Obligations is a Money Services Business

Dear [ ]:

This letter responds to your request for an administrative ruling, dated June 16, 2007, regarding whether your client, [ ], should be registered as a money services business (MSB). For the reasons set forth below, we have determined that your client's business is not an MSB,…

| Depository Institutions, Money Services Businesses
Whether a Publicly Traded Company that Cashes its own Checks Issued to Loan Customers is a Money Services Business

Dear [ ]:

I am responding to your letter, dated July 5, 2007, to the Financial Crimes Enforcement Network. You have asked us to determine whether [ ] (the "Company") is a money services business, specifically a check casher as that term is defined in our regulations.

As you…

| Casinos
Frequently Asked Questions Casino Recordkeeping, Reporting, and Compliance Program Requirements

Purpose

This document provides guidance interpreting the requirements of the Bank Secrecy Act ("BSA") regulations1 as they apply to the casino and card club industries in the United States.

Section A: 31 C.F.R. § 103.11 Casino and Card…

| Casinos, Depository Institutions, Insurance Industry, Money Services Businesses, Securities and Futures
Suggestions for Addressing Common Errors Noted in Suspicious Activity Reporting

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…

| Depository Institutions, Securities and Futures
Application of the Correspondent Account Rule to Executing Dealers Operating in Over-The-Counter Foreign Exchange and Derivatives Markets Pursuant to Prime Brokerage Arrangements

The Financial Crimes Enforcement Network is issuing this interpretive guidance to clarify the due diligence obligations of executing dealers in over-the-counter foreign exchange and derivatives markets (“OTC derivatives markets”) pursuant to prime brokerage arrangements under our rules…

| Money Services Businesses
Guidance - Money Transmitter Report of Foreign Bank and Financial Accounts (FBAR) Filing Requirements on IRS.GOV
| Depository Institutions, Money Services Businesses
Requests by Law Enforcement for Financial Institutions to Maintain Accounts

The Financial Crimes Enforcement Network (FinCEN) is issuing the following guidance for financial institutions with account relationships that law enforcement may have an interest in ensuring remain open notwithstanding suspicious or potential criminal activity in connection with the account.…