Understanding Fincen Compliance

For as long as we have had currency to exchange,criminal transportation and use of U.S. currency both
there have been those who produce, obtain andhere and abroad. Through the FinCEN network, the
distribute that currency for unlawful purposes. In theU.S. government has built relationships worldwide by
past few decades, with the prevalence of onlinesharing financial intelligence and keeping domestic
business (e-commerce) and the increasing anonymitybusinesses at a consistent level of financial security.
of customers across the globe, these practices haveWhat is the Bank Secrecy Act?
adapted to become more dangerous and moreThe Bank Secrecy Act (BSA) is comprised of the
difficult to investigate. For these reasons, the Unitedfirst federal laws specifically written to fight against
States federal government has instated a system ofcriminal money laundering by putting forth a set of
regulations designed to standardize the way U.S.security requirements with which all U.S. businesses
businesses communicate with consumers and movemust comply. Placed under the administration of
currency between hands and around the world.FinCEN in 1994, the BSA includes both the original
Among the agencies that see to the organization andanti-money laundering initiatives and those added
enforcement of these transactional regulations is thefollowing the creation of the USA PATRIOT Act of
Financial Crimes Enforcement Network (FinCEN).2001, which broadened the BSA to encompass
Compliance with FinCEN, most notably the Bankanti-American funding and pro-terrorism trafficking of
Secrecy Act, is an essential component of running aAmerican currency.
secure and federally sound business, both online andWhat Businesses Must Comply?
in brick-and-mortar locations. In this article, we'llAs a matter of national security, all American
discuss the basics of FinCEN, the Bank Secrecy Actbusinesses have a responsibility to verify the
and how to determine if your business must comply.identities of all persons with whom they do business.
What is FinCEN?However, those who will be the most impacted by
FinCEN was established as a division of the UnitedFinCEN and the BSA are financial institutions. These
States Department of the Treasury in 1990 in orderinclude, but may not be limited to: depository
to provide a network of financial intelligence andinstitutions, security brokers and dealers and financial
analysis resources to the government as a whole.service providers. Contact your local government
FinCEN operates toward the efforts of businessbranch if you need clarification as to your level of
transparency in order to detect, mitigate and preventobligation to FinCEN regulations.