FinCEN Legislation and Regulations

FinCEN Legislation and Regulations

Bank Secrecy Act (1970)

Money Laundering Control Act (1986), codified at 18 USC 1956

Anti-Drug Abuse Act of 1988

Annunzio-Wylie Anti-Money Laundering Act (1992)

Money Laundering Suppression Act (1994)

Money Laundering and Financial Crimes Strategy Act (1998)

Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act)

Intelligence Reform & Terrorism Prevention Act of 2004

Corporate Transparency Act (2020) a/k/a Anti-Money Laundering Act (2020)

Bank Secrecy Act

12 U.S.C. 1829b - Retention of records by insured depository institutions
12 U.S.C. 1951 - Congressional findings and declaration of purpose
12 U.S.C. 1952 - Reports on ownership and control
12 U.S.C. 1953 - Recordkeeping and procedures
12 U.S.C. 1954 - Injunctions
12 U.S.C. 1955 - Civil penalties
12 U.S.C. 1956 - Criminal penalty
12 U.S.C. 1957 - Additional criminal penalty in certain cases
12 U.S.C. 1958 - Compliance
12 U.S.C. 1959 - Administrative procedure
12 U.S.C. 1960 - Safe harbor with respect to keep open directives
31 U.S.C. 5311 - Declaration of purpose
31 U.S.C. 5312 - Definitions and application
31 U.S.C. 5313 - Reports on domestic coins and currency transactions
31 U.S.C. 5314 - Records and reports on foreign financial agency transactions
31 U.S.C. 5316 - Reports on exporting and importing monetary instruments
31 U.S.C. 5317 - Search and forfeiture of monetary instruments
31 U.S.C. 5318 - Compliance, exemptions, and summons authority
31 U.S.C. 5318A - Special measures for jurisdictions, financial institutions, international transactions, or types of accounts of primary money laundering concern
31 U.S.C. 5319 - Availability of reports
31 U.S.C. 5320 - Injunctions
31 U.S.C. 5321 - Civil penalties
31 U.S.C. 5322 - Criminal penalties
31 U.S.C. 5323 - Whistleblower incentives and protections
31 U.S.C. 5324 - Structuring transactions to evade reporting requirement prohibited
31 U.S.C. 5325 - Identification required to purchase certain monetary instruments
31 U.S.C. 5326 - Records of certain domestic transactions
[31 U.S.C. 5327 and 5328 have been repealed. Section 5327, relating to financial institutions reporting on customers, was repealed in 1996. Section 5328, relating to protections for whistleblowers, was repealed by the National Defense Authorization Act for Fiscal Year 2021.]
31 U.S.C. 5329 - Staff commentaries
31 U.S.C. 5330 - Registration of money transmitting businesses
31 U.S.C. 5331 - Reports relating to coins and currency received in nonfinancial trade or business
31 U.S.C. 5332 - Bulk cash smuggling into or out of the United States
31 U.S.C. 5333 - Safe harbor with respect to keep open directives
31 U.S.C. 5334 - Training regarding anti-money laundering and countering the financing of terrorism
31 U.S.C. 5335 - Prohibition on concealment of the source of assets in monetary transactions
31 U.S.C. 5336 - Beneficial ownership information reporting requirements


FinCEN's regulations implementing the Bank Secrecy Act are codified at 31 CFR Chapter X

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