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2000 - Rules and Regulations
{{2-29-96 p.2965}}
PART 353SUSPICIOUS ACTIVITY REPORTS
Sec. 353.1
Purpose and scope.
353.2
Definitions.
353.3
Reports and records.
AUTHORITY: 12 U.S.C. 1818, 1819; 31 U.S.C. 5318.
SOURCE: The provisions of Part 353 appear at 61 Fed.
Reg. 6099, February 16, 1996, effective April 1, 1996, except as
otherwise noted.
§ 353.1 Purpose and scope.
The purpose of this part is to ensure that an insured state
nonmember bank files a Suspicious Activity Report when it detects a
known or suspected criminal violation of federal law or a suspicious
transaction related to a money laundering activity or a violation of
the Bank Secrecy Act. This part applies to all insured state nonmember
banks as well as any insured, state-licensed branches of foreign banks.
[Codified to 12 C.F.R.
§ 353.1]
§ 353.2 Definitions.
For the purposes of this part:
(a) FinCEN means the Financial Crimes Enforcement
Network of the Department of the Treasury.
(b) Institution-affiliated party means any
institution-affiliated party as that term is defined in sections 3(u)
and 8(b)(5) of the Federal Deposit Insurance Act
(12 U.S.C. 1813(u) and
1818(b)(5)).
[Codified to 12 C.F.R.
§ 353.2]
§ 353.3 Reports and records.
(a) Suspicious activity reports required. A bank shall
file a suspicious activity report with the appropriate federal law
enforcement agencies and the Department of the Treasury, in accordance
with the form's instructions, by sending a completed suspicious
activity report to FinCEN in the following circumstances:
(1) Insider abuse involving any amount. Whenever the
bank detects any known or suspected federal criminal violation, or
pattern of criminal violations, committed or attempted against the bank
or involving a transaction or transactions conducted through the bank,
where the bank believes it was either an actual or potential victim of
a criminal violation or series of criminal violations, or that the bank
was used to facilitate a criminal transaction, and the bank has a
substantial basis for identifying one of the bank's directors,
officers, employees, agents, or other institution-affiliated parties as
having committed or aided in the commission of the criminal violation,
regardless of the amount involved in the violation;
(2) Transactions aggregating $5,000 or more where a suspect
can be identified. Whenever the bank detects any known or
suspected federal criminal violation, or pattern of criminal
violations, committed or attempted against the bank or involving a
transaction or transactions conducted through the bank, and involving
or aggregating $5,000 or more in funds or other assets, where the bank
believes it was either an actual or potential victim of a criminal
violation, or series of criminal violations, or that the bank was used
to facilitate a criminal transaction, and the bank has a substantial
basis for identifying a possible suspect or group of suspects. If it is
determined prior to filing this report that the identified suspect or
group of suspects has used an "alias", then information regarding
the true identity of the suspect or group of suspects, as well as alias
identifiers, such as driver's license or social security numbers,
addresses and telephone numbers, must be reported;
{{2-29-96 p.2966}}
(3) Transactions aggregating $25,000 or more regardless of
potential suspects. Whenever the bank detects any known or
suspected federal criminal violation or pattern of criminal violations,
committed or attempted against the bank or involving a transaction or
transactions conducted through the bank, involving or aggregating
$25,000 or more in funds or other assets, where the bank believes it
was either an actual or potential victim of a criminal violation, or
series of criminal violations, or that the bank was used to facilitate
a criminal transaction, even though the bank has no substantial basis
for identifying a possible suspect or group of suspects; or
(4) Transactions aggregating $5,000 or more that involve
potential money laundering or violations of the Bank Secrecy Act.
Any transaction (which for purposes of this paragraph (a)(4) means
a deposit, withdrawal, transfer between accounts, exchange of currency,
loan, extension of credit, purchase or sale of any stock, bond,
certificate of deposit, or other monetary instrument or investment
security, or any other payment, transfer, or delivery by, through, or
to a financial institution, by whatever means effected) conducted or
attempted by, at or through the bank and involving or aggregating
$5,000 or more in funds or other assets, if the bank knows, suspects,
or has reason to suspect that:
(i) The transaction involves funds derived from illegal
activities or is intended or conducted in order to hide or disguise
funds or assets derived from illegal activities (including, without
limitation, the ownership, nature, source, location, or control of such
funds or assets) as part of a plan to violate or evade any federal law
or regulation or to avoid any transaction reporting requirement under
federal law;
(ii) The transaction is designed to evade any regulations
promulgated under the Bank Secrecy Act; or
(iii) The transaction has no business or apparent lawful purpose
or is not the sort of transaction in which the particular customer
would normally be expected to engage, and the bank knows of no
reasonable explanation for the transaction after examining the
available facts, including the background and possible purpose of the
transaction.
(b) Time for reporting. (1) A bank shall file the
suspicious activity report no later than 30 calendar days after the
date of initial detection of facts that may constitute a basis for
filing a suspicious activity report. If no suspect was identified on
the date of detection of the incident requiring the filing, a bank may
delay filing a suspicious activity report for an additional 30 calendar
days to identify a suspect. In no case shall reporting be delayed more
than 60 calendar days after the date of initial detection of a
reportable transaction.
(2) In situations involving violations requiring immediate
attention, such as when a reportable violation is ongoing, the bank
shall immediately notify, by telephone, an appropriate law enforcement
authority and the appropriate FDIC regional office (Division of
Supervision) in addition to filing a timely report.
(c) Reports to state and local authorities. A bank is
encouraged to file a copy of the suspicious activity report with state
and local law enforcement agencies where appropriate.
(d) Exemptions. (1) A bank need not file a suspicious
activity report for a robbery or burglary committed or attempted, that
is reported to appropriate law enforcement authorities.
(2) A bank need not file a suspicious activity report for lost,
missing, counterfeit, or stolen securities if it files a report
pursuant to the reporting requirements of
17 CFR 240.17f-1.
(e) Retention of records. A bank shall maintain a copy
of any suspicious activity report filed and the original or business
record equivalent of any supporting documentation for a period of five
years from the date of filing the suspicious activity report.
Supporting documentation shall be identified and maintained by the bank
as such, and shall be deemed to have been filed with the suspicious
activity report. A bank must make all supporting documentation
available to appropriate law enforcement authorities upon request.
(f) Notification to board of directors. The management
of a bank shall promptly notify its board of directors, or a committee
thereof, of any report filed pursuant to this section.
{{2-29-96 p.2967}}The term "board of
directors" includes the managing official of an insured
state-licensed branch of a foreign bank for purposes of this part.
(g) Confidentiality of suspicious activity reports.
Suspicious activity reports are confidential. Any bank subpoenaed
or otherwise requested to disclose a suspicious activity report or the
information contained in a suspicious activity report shall decline to
produce the suspicious activity report or to provide any information
that would disclose that a suspicious activity report has been prepared
or filed citing this part, applicable law (e.g.,
31 U.S.C. 5318(g)), or both,
and notify the appropriate FDIC regional office (Division of
Supervision).
(h) Safe Harbor. The safe harbor provisions of 31
U.S.C. 5318(g), which exempts any bank that makes a disclosure of any
possible violation of law or regulation from liability under any law or
regulation of the United States, or any constitution, law or regulation
of any state or political subdivision, cover all reports of suspected
or known criminal violations and suspicious activities to law
enforcement and financial institution supervisory authorities,
including supporting documentation, regardless of whether such reports
are filed pursuant to this part or are filed on a voluntary basis.
[Codified to 12 C.F.R. § 353.3]
[The page following this is 3077.]
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