What FinCEN Means: The Treasury Bureau Behind the BSA
FinCEN is the Treasury bureau that administers the Bank Secrecy Act, receives its reports, and can require a financial institution to search its records. What the name means and what the bureau does.
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FinCEN is the Financial Crimes Enforcement Network.
What FinCEN stands for
The name is in the regulations. § 1010.100 says FinCEN means the Financial Crimes Enforcement Network, a bureau of the Department of the Treasury.
So yes, FinCEN is part of the Treasury Department. It is the Treasury bureau that administers the bank secrecy act.
What the bureau does
FinCEN's own advisory states its mission. It is to safeguard the financial system from illicit use. It is also to fight money laundering and its related crimes. These crimes include terrorism.
FinCEN's page also says the bureau acts as the named administrator of the Bank Secrecy Act.
The act FinCEN administers
The statute dates from 1970. FinCEN's history page says the Bank Secrecy Act of 1970 set recordkeeping and reporting rules for individuals, banks and other financial institutions.
The name is odd for a recordkeeping law. § 1010.100 explains the name. It says the Currency and Foreign Transactions Reporting Act and related statutes have come to be called the Bank Secrecy Act. The short name stuck.
Those recordkeeping and reporting rules are the subject of BSA anti money laundering compliance.
Where FinCEN appears in the rules
The regulations name FinCEN as the recipient of the reports. § 1010.306 says reports required by §§ 1010.311, 1010.313, 1020.315, 1021.311 and 1021.313 shall be filed with FinCEN, unless otherwise specified.
The rules also name FinCEN as the examiner. § 1020.320 says FinCEN or its delegatees examine banks for compliance with the section. A bank that fails may violate the Bank Secrecy Act. § 1022.320 says money services businesses shall be examined by FinCEN or its delegatees for compliance with the section.
So the regulations name FinCEN as the recipient of these reports. They also name FinCEN, with its delegatees, as an examiner.
When FinCEN asks for a search
The bureau does not only receive. It also requests. § 1010.520 says FinCEN may require any financial institution to search its records for accounts or transactions with a named individual, entity, or organization.
The request has a shape. § 1010.520 says a financial institution must search for transactions by or for a named suspect during the preceding six months. If the search finds a match, the institution must report to FinCEN in the manner and time frame FinCEN's request specifies.
The rule also asks for a name and a locked door. § 1010.520 requires a financial institution to designate one person as its point of contact for FinCEN information requests. It also requires each financial institution to maintain adequate procedures to protect the security and confidentiality of FinCEN requests.
Money services businesses and FinCEN
Money services businesses deal with FinCEN directly. § 1022.380 says each money services business, whether or not licensed by any State, must register with FinCEN.
Registration is only the start. The same shop that registers is the one § 1022.320 says shall be examined by FinCEN or its delegatees. The offence of structuring has its own page, the structuring definition.
Working with FinCEN day to day
The bureau is reachable. FinCEN's guidance says financial institutions with questions about compliance with the BSA may contact FinCEN's Resource Center Helpline.
The guidance also points to a set of past rulings. They show how FinCEN rules apply to specific facts. People can read them. FinCEN also issues FinCEN advisories. The mission statement above is quoted from one.
That is the FinCEN meaning in practice. The bureau the regulations define is the same one that receives the filings. It sends the search requests.
Sources
- History of Anti-Money Laundering Laws | FinCEN.gov
- FinCEN Guidance, FIN-2019-G001, May 9, 2019
- Elderly Financial Exploitation Advisory
- 31 CFR § 1010.100 General definitions (eCFR, Title 31 Chapter X, Financial Crimes Enforcement Network, Department of the Treasury) (31 CFR 1010.100) (FinCEN) (Bank Secrecy Act regulations)
- 31 CFR § 1020.320 Reports by banks of suspicious transactions (eCFR, Title 31 Chapter X, Financial Crimes Enforcement Network, Department of the Treasury) (31 CFR 1020.320) (FinCEN) (Bank Secrecy Act regulations)
- 31 CFR § 1010.520 Information sharing between government agencies and financial institutions (eCFR, Title 31 Chapter X, Financial Crimes Enforcement Network, Department of the Treasury) (31 CFR 1010.520) (FinCEN) (Bank Secrecy Act regulations)
- 31 CFR § 1010.306 Filing of reports (eCFR, Title 31 Chapter X, Financial Crimes Enforcement Network, Department of the Treasury) (31 CFR 1010.306) (FinCEN) (Bank Secrecy Act regulations)
- 31 CFR § 1022.320 Reports by money services businesses of suspicious transactions (eCFR, Title 31 Chapter X, Financial Crimes Enforcement Network, Department of the Treasury) (31 CFR 1022.320) (FinCEN) (Bank Secrecy Act regulations)
- 31 CFR § 1022.380 Registration of money services businesses (eCFR, Title 31 Chapter X, Financial Crimes Enforcement Network, Department of the Treasury) (31 CFR 1022.380) (FinCEN) (Bank Secrecy Act regulations)