TREASURY
ORDER 180-01
Date:
Sunset
Review:
SUBJECT:
Financial Crimes Enforcement Network
1. By
virtue of the USA PATRIOT Act of 2001 (Pub. L.
No. 107-56, Title III, Subtitle B, Section 361(a)(2), 115 Stat. 272,
329-332), and by the authority vested in me as Secretary of the Treasury, it is
hereby ordered that the Financial Crimes Enforcement Network (“FinCEN” or the “Bureau”) is re-established as a bureau
within the Department. The head of the
Bureau is the Director, Financial Crimes Enforcement Network, who shall perform
duties under the general supervision of the Secretary and under the direct
supervision of the Under Secretary (Enforcement) or the designee of the Under
Secretary.
2.
3. DUTIES
AND POWERS. In addition to the
duties and powers established by the USA PATRIOT Act of 2001, codified in
relevant part at 31 U.S.C. 310(b), the Director of FinCEN
is authorized to issue regulations and perform other actions for the purposes
of carrying out the functions, powers, and duties delegated to the
Director. The Director is hereby
delegated authority to:
a. take all necessary and appropriate
actions to implement and administer the provisions of Titles I and II of Public
Law 91-508, as amended, (the “Bank Secrecy Act”), which is codified at 12
U.S.C. 1829b, 12 U.S.C. 1951-59, and 31 U.S.C. 5311 et seq.,
including, but not limited to, the promulgation and amendment of regulations
and the assessment of penalties;
b. exercise authority for enforcement of
and compliance with the regulations at 31 CFR Part 103 with respect to the
activities of agencies exercising authority thereunder
that has been redelegated to such agencies by FinCEN under paragraph 9 infra; and
c. design and
implement programs of public outreach and communication to the financial
community and the general public relating to the functions of the Bureau and
the Department’s efforts to prevent and detect money laundering and other
financial crime.
4. AUTHORITIES. The Director of FinCEN
shall possess full authority, powers, and duties to administer the affairs of
and to perform the functions of FinCEN, including,
without limitation, all management and administrative authorities similarly
granted to Bureau Heads or Heads of Bureaus in Treasury Orders and Treasury
Directives. The Director shall also
possess authority to request one or more other government agencies to provide
administrative support to the Bureau, in the name of the Bureau and under
policies adopted by the Director.
5. TRANSFER
OF RECORDS AND PROPERTY. There shall
be transferred to the Bureau such records and property to be determined by the
Assistant Secretary (Management)/CFO, in consultation with the Under Secretary
(Enforcement) and the Director, as are necessary or appropriate to carry out
the purposes of this Order.
6. PERSONNEL. FinCEN’s staff
shall be comprised of Treasury Department employees as well as other personnel
detailed to FinCEN.
7. CHIEF
COUNSEL. The Office of Chief Counsel
of FinCEN shall be a part of the Legal Division,
under the supervision of the General Counsel.
8.
REGULATIONS.
a. All regulations prescribed, all rules
and instructions issued, and all forms adopted for the administration and
enforcement of the Bank Secrecy Act, that were in effect or
in use on the date of enactment of the USA PATRIOT Act of 2001, shall continue
in effect as regulations, rules, instructions, and forms of the Bureau
until superseded or revised.
b. All regulations prescribed, all rules
and instructions issued, and all forms adopted for the administration of FinCEN prior to it becoming a bureau, that were in effect
or in use on the date of enactment of the USA PATRIOT Act of 2001, shall
continue in effect as regulations, rules, instructions, and forms of the Bureau
until superseded or revised.
c. The terms “Director, Financial Crimes Enforcement
Network,” “Director, Office of Financial Enforcement,” and “Assistant Secretary
(Enforcement)” wherever used in regulations, rules, instructions, and forms
issued or adopted for the administration and enforcement of the Bank Secrecy
Act that were in effect or in use on the date of enactment of the USA PATRIOT
Act of 2001, shall be held to mean the Director of FinCEN.
d. All regulations issued or
amended by the Director of FinCEN shall be subject to
approval by the Under Secretary (Enforcement) or a designee of the Under
Secretary. The issuance or amendment of
regulations by the Director shall be subject to Treasury Directive 28-01,
“Preparation and Review of Regulations.”
9. REDELEGATION.
a. The Director of FinCEN may redelegate any
authority vested under this Order to an officer or employee of the Treasury
Department, including its bureaus.
b. The Director of FinCEN
may redelegate any authority vested in the Director
to an officer or employee of an agency other than the Treasury Department, when
authorized by law.
10. RATIFICATION. Any action heretofore taken that is
consistent with this Order is hereby affirmed and ratified.
11. OTHER
BUREAUS’ AUTHORITIES.
This
Order does not affect the authorities of the Commissioner of Customs and the
Commissioner of Internal Revenue under Treasury Directive 15-23, “Bank Secrecy
Act –- U.S. Customs Service” and Treasury Directive 15-41, “Bank Secrecy Act –-
Internal Revenue Service,” or under successor issuances to those Directives.
12. CANCELLATIONS.
a. Treasury Order 105-08, “Establishment
of the Financial Crimes Enforcement Network”, dated
b. Treasury Directive 15-01, “Bank Secrecy
Act Regulations,” dated
c. The “Delegation of Authority to the
Director of the Financial Crimes Enforcement Network,” signed by the Assistant
Secretary (Enforcement), dated
d. All existing Treasury Orders and
Directives shall be read in a manner that is consistent with FinCEN’s status as a bureau and the authorities vested in
the Director of FinCEN as described in this Order.
13. AUTHORITIES.
a. Public Law 107-56, Uniting and
Strengthening
b. 31 U.S.C. 321(b).
14. OFFICE
OF PRIMARY INTEREST. Director, Financial Crimes Enforcement Network.
/S/
Paul H. O’Neill
Secretary of the Treasury