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2000 - Rules and Regulations
{{10-31-07 p.2263}}
PART 326—MINIMUM SECURITY DEVICES AND PROCEDURES AND
BANK SECRECY ACT 1
Subpart A—Minimum Security Procedures
Sec.
326.0
Authority, purpose, and scope.
326.1
Definitions.
326.2
Designation of security officer.
326.3
Security program.
326.4
Reports.
Subpart B—Procedures for Monitoring Bank Secrecy Act
Compliance
326.8
Bank Secrecy Act compliance.
AUTHORITY: 12 U.S.C. 1813, 1815, 1817, 1818, 1819
(Tenth), 1881--1883; 31 U.S.C. 5311--5314 and 5316--5332.2.
SOURCE: The provisions of this Part 326 appear at 34 Fed. Reg. 618,
January 16, 1969, and 56 Fed. Reg. 13581, April 3, 1991, except as
otherwise noted.
Subpart A—Minimum Security
Procedures
§ 326.0 Authority, purpose, and scope.
(a) This part is issued by the Federal Deposit Insurance
Corporation ("FDIC") pursuant to section 3 of the Bank Protection
Act of 1968 (12 U.S.C. 1882). It
applies to insured state banks that are not members of the Federal
Reserve System. It requires each bank to adopt appropriate security
procedures to discourage robberies, burglaries, and larcenies and to
assist in identifying and apprehending persons who commit such acts.
(b) It is the responsibility of the bank's board of directors to
comply with this part and ensure that a written security program for
the bank's main office and branches is developed and implemented.
(Approved by the Office of Management and Budget under control number
3064--0095)
[Codified to 12 C.F.R. § 326.0]
[Section 326.0 amended at 52 Fed. Reg. 2860, January 27,
1987; 53 Fed. Reg. 17917, May 19, 1988; 56 Fed. Reg. 13581, April 3,
1991, effective May 3, 1991]
§ 326.1 Definitions.
For the purposes of this part--
(a) The term insured nonmember bank means any bank,
including a foreign bank having a branch the deposits of which are
insured in accordance with the provisions of the Federal Deposit
Insurance Act, which is not a member of the Federal Reserve System. The
term does not include any institution chartered or licensed by the
Comptroller of the Currency, any District bank, or any savings
association.
(b) The term banking office includes any branch of an
insured nonmember bank, and, in the case of an insured state nonmember
bank, it includes the main office of that bank.
(c) The term branch for a bank chartered under the laws
of any state of the United States includes any branch bank, branch
office, branch agency, additional office, or any branch place of
business located in any state or territory of the United States,
District of Columbia, Puerto Rico, Guam, American Samoa, the Trust
Territory of the Pacific Islands, the Northern Mariana Islands or the
Virgin Islands at which deposits are received or checks paid or money
lent. In the case of a foreign bank, as defined in
§ 347.202 of this
chapter, the term branch has the meaning given in § 347.202 of this
chapter.
{{10-31-07 p.2264}}
[Codified to 12 C.F.R. § 326.1]
[Section 326.1 amended at 36 Fed. Reg. 3112, February 18,
1971; 53 Fed. Reg. 17917, May 19, 1988; 56 Fed. Reg. 13581, April 3,
1991, effective May 3, 1991; 63 Fed. Reg. 17075, April 8, 1998,
effective July 1, 1998]
§ 326.2 Designation of security officer.
Upon the issuance of federal deposit insurance, the board of
directors of each insured nonmember
bank 2
shall designate a security officer who shall have the authority,
subject to the approval of the board of directors, to develop, within a
reasonable time, but no later than 180 days, and to administer a
written security program for each banking office.
[Codified to 12 C.F.R. § 326.2]
[Section 326.2 amended at 53 Fed. Reg. 17917, May 19,
1988; 56 Fed. Reg. 13581, April 3, 1991, effective May 3,
1991]
§ 326.3 Security program.
(a) Contents of security program. The security program
shall:
(1) Establish procedures for opening and closing for business and
for the safekeeping of all currency, negotiable securities, and similar
valuables at all times;
(2) Establish procedures that will assist in identifying persons
committing crimes against the bank and that will preserve evidence that
may aid in their identification and prosecution; such procedures may
include, but are not limited to:
(i) Retaining a record of any robbery, burglary, or larceny
committed against the bank;
(ii) Maintaining a camera that records activity in the banking
office; and
(iii) Using identification devices, such as prerecorded
serial-numbered bills, or chemical and electronic devices;
(3) Provide for initial and periodic training of officers and
employees in their responsibilities under the security program and in
proper employee conduct during and after a robbery, burglar or larceny;
and
(4) Provide for selecting, testing, operating and maintaining
appropriate security devices, as specified in paragraph (b) of this
section.
(b) Security devices. Each insured nonmember bank
shall have, at a minimum, the following security devices:
(1) A means of protecting cash or other liquid assets, such as a
vault, safe, or other secure space;
(2) A lighting system for illuminating, during the hours of
darkness, the area around the vault, if the vault is visible from
outside the banking office;
(3) An alarm system or other appropriate device for promptly
notifying the nearest responsible law enforcement officers of an
attempted or perpetrated robbery or burglary;
(4) Tamper-resistant locks on exterior doors and exterior windows
that may be opened; and
(5) Such other devices as the security officer determines to be
appropriate, taking into consideration:
(i) The incidence of crimes against financial institutions in the
area;
(ii) The amount of currency or other valuables exposed to
robbery, burglary, and larceny;
(iii) The distance of the banking office from the nearest
responsible law enforcement officers;
(iv) The cost of the security devices;
(v) Other security measures in effect at the banking office; and
(vi) The physical characteristics of the structure of the banking
office and its surroundings.
{{6-30-03 p.2265}}
[Codified to 12 C.F.R. § 326.3]
[Section 326.3 amended at 56 Fed. Reg. 13581, April 3, 1991,
effective May 3, 1991]
§ 326.4 Reports.
The security officer for each insured nonmember bank shall report at
least annually to the bank's board of directors on the implementation,
administration, and effectiveness of the security program.
[Codified to 12 C.F.R. § 326.4]
[Section 326.4 amended at 53 Fed. Reg. 17917, May 19, 1988; 56 Fed.
Reg. 13582, April 3, 1991, effective May 3, 1991]
Subpart B—Procedures for Monitoring Bank Secrecy Act
Compliance
§ 326.8 Bank Secrecy Act compliance.
(a) Purpose. This subpart is issued to assure that all
insured nonmember banks as defined in 12 CFR
326.1 3
establish and maintain procedures reasonably designed to assure and
monitor their compliance with the requirements of subchapter II of
chapter 53 of title 31, United States Code, and the implementing
regulations promulgated thereunder by the Department of Treasury at
31 CFR Part 103.
(b) Compliance procedures. (1) Program
requirement. Each bank shall develop and provide for the continued
administration of a program reasonably designed to assure and monitor
compliance with recordkeeping and reporting requirements set forth in
subchapter II of chapter 53 of title 31, United States Code, and the
implementing regulations issued by the Department of Treasury at 31 CFR
Part 103. The compliance program shall be written, approved by the
bank's board of directors, and noted in the minutes.
(2) Customer identification program. Each bank is
subject to the requirements of 31 U.S.C. 5318(l) and the implementing
regulation jointly promulgated by the FDIC and the Department of the
Treasury at 31 CFR 103.121, which require a customer identification
program to be implemented as part of the Bank Secrecy Act compliance
program required under this section.
(c) Contents of compliance program. The compliance
program shall, at a minimum:
(1) Provide for a system of internal controls to assure ongoing
compliance;
(2) Provide for independent testing for compliance to be
conducted by bank personnel or by an outside party;
(3) Designate an individual or individuals responsible for
coordinating and monitoring day-to-day compliance; and
(4) Provide training for appropriate personnel.
( Approved by the Office of Management and Budget under control
number 3064-0087)
[Codified to 12 C.F.R. § 326.8]
[Section 326.8 added at 52 Fed. Reg. 2860, January 27, 1987; 53
Fed. Reg. 17917, May 19, 1988; amended at 63 Fed. Reg. 17075, April 8,
1998, effective July 1, 1998; 68 Fed. Reg. 25112, May 9, 2003,
effective June 9, 2003, compliance date October 1, 2003]
[The page following this is 2281.]
1 In its original form, subchapter II of chapter 53 of title
31, United States Code was part of Pub. L. 91--508 which requires
recordkeeping for and reporting of currency transactions by banks and
others and is commonly known as the Bank Secrecy Act. Go Back to Text
2 The term "board of directors" includes the managing
official of an insured branch of a foreign bank for purposes of
12 CFR 326.0--326.4. Go Back to Text
3 In regard to foreign banks, the programs and procedures
required by § 326.8 need be instituted only at an insured
branch as defined in § 347.202 of this chapter which is a
State branch as defined in
§ 347.202 of this
chapter. Go Back to Text
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