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585 Parts 1000–1009[Reserved] Part 1010 PARTS 1000–1009[RESERVED] 1010.440 Person outside the United States. Subpart E—Special Information Sharing PART 1010—GENERAL PROVISIONS Procedures To Deter Money Laun- dering and Terrorist Activity Subpart A—General Definitions 1010.500 General. Sec. 1010.505 Definitions. 1010.100 General definitions. 1010.520 Information sharing between gov- ernment agencies and financial institu- Subpart B—Programs tions. 1010.530 [Reserved] 1010.200 General. 1010.540 Voluntary information sharing 1010.205 Exempted anti-money laundering among financial institutions. programs for certain financial institu- tions. Subpart F—Special Standards of Diligence; 1010.210 Anti-money laundering programs. Prohibitions; and Special Measures 1010.220 Customer identification program 1010.600 General. requirements. SPECIAL DUE DILIGENCE FOR CORRESPONDENT Subpart C—Reports Required To Be Made ACCOUNTS AND PRIVATE BANKING ACCOUNTS 1010.300 General. 1010.605 Definitions. 1010.610 Due diligence programs for cor- 1010.301 Determination by the Secretary. respondent accounts for foreign financial 1010.305 [Reserved] institutions. 1010.306 Filing of reports. 1010.620 Due diligence programs for private 1010.310 Reports of transactions in currency. banking accounts. 1010.311 Filing obligations for reports of 1010.630 Prohibition on correspondent ac- transactions in currency. counts for foreign shell banks; records 1010.312 Identification required. concerning owners of foreign banks and 1010.313 Aggregation. agents for service of legal process. 1010.314 Structured transactions. 1010.640 [Reserved] 1010.315 Exemptions for non-bank financial SPECIAL MEASURES UNDER SECTION 311 OF THE institutions. USA PATRIOT ACT AND LAW ENFORCEMENT 1010.320 Reports of suspicious transactions. ACCESS TO FOREIGN BANK RECORDS 1010.330 Reports relating to currency in ex- cess of $10,000 received in a trade or busi- 1010.651 Special measures against Burma. ness. 1010.652 Special measures against Myanmar 1010.340 Reports of transportation of cur- Mayflower Bank and Asia Wealth Bank. 1010.653 Special measures against Commer- rency or monetary instruments. cial Bank of Syria. 1010.350 Reports of foreign financial ac- 1010.654 Special measures against VEF counts. Bank. 1010.360 Reports of transactions with for- 1010.655 Special measures against Banco eign financial agencies. Delta Asia. 1010.370 Reports of certain domestic coin 1010.670 Summons or subpoena of foreign and currency transactions. bank records; termination of cor- respondent relationship. Subpart D—Records Required To Be Maintained Subpart G—Administrative Rulings 1010.400 General. 1010.710 Scope. 1010.401 Determination by the Secretary. 1010.711 Submitting requests. 1010.405 [Reserved] 1010.712 Nonconforming requests. 1010.410 Records to be made and retained by 1010.713 Oral communications. financial institutions. 1010.714 Withdrawing requests. 1010.715 Issuing rulings. 1010.415 Purchases of bank checks and 1010.716 Modifying or rescinding rulings. drafts, cashier’s checks, money orders 1010.717 Disclosing information. and traveler’s checks. 1010.420 Records to be made and retained by Subpart H—Enforcement; Penalties; and persons having financial interests in for- Forfeiture eign financial accounts. 1010.430 Nature of records and retention pe- 1010.810 Enforcement. riod. 1010.820 Civil penalty. 585 VerDate Mar<15>2010 15:19 Sep 23, 2011 Jkt 223123 PO 00000 Frm 00595 Fmt 8010 Sfmt 8010 Q:\31\31V3.TXT ofr150 PsN: PC150 § 1010.100 31 CFR Ch. X (7–1–11 Edition) 1010.830 Forfeiture of currency or monetary transports, mails, ships or receives; is instruments. about to or attempts to transport, mail 1010.840 Criminal penalty. or ship; or causes the transportation, 1010.850 Enforcement authority with respect to transportation of currency or mone- mailing, shipment or receipt of mone- tary instruments. tary instruments, is deemed to do so ‘‘at one time’’ if: Subpart I—Summons (1) That person either alone, in con- junction with or on behalf of others; 1010.911 General. (2) Transports, mails, ships or re- 1010.912 Persons who may issue summons. 1010.913 Contents of summons. ceives in any manner; is about to 1010.914 Service of summons. transport, mail or ship in any manner; 1010.915 Examination of witnesses and or causes the transportation, mailing, records. shipment or receipt in any manner of; 1010.916 Enforcement of summons. (3) Monetary instruments; 1010.917 Payment of expenses. (4) Into the United States or out of Subpart J—Miscellaneous the United States; (5) Totaling more than $10,000; 1010.920 Access to records. (6)(i) On one calendar day; or 1010.930 Rewards for informants. (ii) If for the purpose of evading the 1010.940 Photographic or other reproduc- reporting requirements of § 1010.340, on tions of Government obligations. 1010.950 Availability of information. one or more days. 1010.960 Disclosure. (c) Attorney General. The Attorney 1010.970 Exceptions, exemptions, and re- General of the United States. ports. (d) Bank. Each agent, agency, branch 1010.980 Dollars as including foreign cur- or office within the United States of rency. any person doing business in one or AUTHORITY: 12 U.S.C. 1829b and 1951–1959; 31 more of the capacities listed below: U.S.C. 5311–5314, 5316–5332; title III, sec. 314, (1) A commercial bank or trust com- Pub. L. 107–56, 115 Stat. 307. pany organized under the laws of any SOURCE: 75 FR 65812, Oct. 26, 2010, unless State or of the United States; otherwise noted. (2) A private bank; (3) A savings and loan association or Subpart A—General Definitions a building and loan association orga- nized under the laws of any State or of § 1010.100 General definitions. the United States; When used in this chapter and in (4) An insured institution as defined forms prescribed under this chapter, in section 401 of the National Housing where not otherwise distinctly ex- Act; pressed or manifestly incompatible (5) A savings bank, industrial bank or with the intent thereof, terms shall other thrift institution; have the meanings ascribed in this sub- (6) A credit union organized under part. Terms applicable to a particular the law of any State or of the United type of financial institution or specific States; part or subpart of this chapter are lo- (7) Any other organization (except a cated in that part or subpart. Terms money services business) chartered may have different meanings in dif- under the banking laws of any state ferent parts or subparts. and subject to the supervision of the (a) Accept. A receiving financial insti- bank supervisory authorities of a tution, other than the recipient’s fi- State; nancial institution, accepts a trans- (8) A bank organized under foreign mittal order by executing the trans- law; mittal order. A recipient’s financial in- (9) Any national banking association stitution accepts a transmittal order or corporation acting under the provi- by paying the recipient, by notifying sions of section 25(a) of the Act of Dec. the recipient of the receipt of the order 23, 1913, as added by the Act of Dec. 24, or by otherwise becoming obligated to 1919, ch. 18, 41 Stat. 378, as amended (12 carry out the order. U.S.C. 611–32). (b) At one time. For purposes of (e) Bank Secrecy Act. The Currency § 1010.340 of this part, a person who and Foreign Transactions Reporting 586 VerDate Mar<15>2010 15:19 Sep 23, 2011 Jkt 223123 PO 00000 Frm 00596 Fmt 8010 Sfmt 8010 Q:\31\31V3.TXT ofr150 PsN: PC150 Financial Crimes Enforcement Network, Treasury § 1010.100 Act, its amendments, and the other ficial foreign bank notes that are cus- statutes relating to the subject matter tomarily used and accepted as a me- of that Act, have come to be referred to dium of exchange in a foreign country. as the Bank Secrecy Act. These stat- (n) Deposit account. Deposit accounts utes are codified at 12 U.S.C. 1829b, 12 include transaction accounts described U.S.C. 1951–1959, 18 U.S.C. 1956, 18 in paragraph (ccc) of this section, sav- U.S.C. 1957, 18 U.S.C. 1960, and 31 U.S.C. ings accounts, and other time deposits. 5311–5314 and 5316–5332 and notes there- (o) Domestic. When used herein, refers to. to the doing of business within the (f) Beneficiary. The person to be paid United States, and limits the applica- by the beneficiary’s bank. bility of the provision where it appears (g) Beneficiary’s bank. The bank or to the performance by such institu- foreign bank identified in a payment tions or agencies of functions within order in which an account of the bene- the United States. ficiary is to be credited pursuant to the (p) Established customer. A person order or which otherwise is to make with an account with the financial in- payment to the beneficiary if the order stitution, including a loan account or does not provide for payment to an ac- deposit or other asset account, or a count. person with respect to which the finan- (h) Broker or dealer in securities. A cial institution has obtained and main- broker or dealer in securities, reg- tains on file the person’s name and ad- istered or required to be registered dress, as well as taxpayer identifica- with the Securities and Exchange Com- tion number (e.g., social security or mission under the Securities Exchange employer identification number) or, if Act of 1934, except persons who register none, alien identification number or pursuant to section 15(b)(11) of the Se- passport number and country of curities Exchange Act of 1934. issuance, and to which the financial in- (i) Business day. As used in this chap- stitution provides financial services re- ter with respect to banks, business day lying on that information. means that day, as normally commu- (q) Execution date.
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