[Reserved] Part 1010—General Provisions
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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- Subpart B—Programs ernment agencies and financial institu- tions. 1010.200 General. 1010.530 [Reserved] 1010.205 Exempted anti-money laundering 1010.540 Voluntary information sharing programs for certain financial institu- among financial institutions. tions. 1010.210 Anti-money laundering programs. Subpart F—Special Standards of Diligence; 1010.220 Customer identification program Prohibitions; and Special Measures requirements. 1010.230 Beneficial ownership requirements 1010.600 General. for legal entity customers. SPECIAL DUE DILIGENCE FOR CORRESPONDENT Subpart C—Reports Required To Be Made ACCOUNTS AND PRIVATE BANKING ACCOUNTS 1010.300 General. 1010.605 Definitions. 1010.301 Determination by the Secretary. 1010.610 Due diligence programs for cor- 1010.305 [Reserved] respondent accounts for foreign financial 1010.306 Filing of reports. institutions. 1010.310 Reports of transactions in currency. 1010.620 Due diligence programs for private 1010.311 Filing obligations for reports of banking accounts. transactions in currency. 1010.630 Prohibition on correspondent ac- 1010.312 Identification required. 1010.313 Aggregation. counts for foreign shell banks; records 1010.314 Structured transactions. concerning owners of foreign banks and 1010.315 Exemptions for non-bank financial agents for service of legal process. institutions. 1010.640 [Reserved] 1010.320 Reports of suspicious transactions. 1010.330 Reports relating to currency in ex- SPECIAL MEASURES UNDER SECTION 311 OF THE cess of $10,000 received in a trade or busi- USA PATRIOT ACT AND LAW ENFORCEMENT ness. ACCESS TO FOREIGN BANK RECORDS 1010.331 Reports relating to currency in ex- 1010.651 Special measures against Burma. cess of $10,000 received as bail by court 1010.653 Special measures against Commer- clerks. cial Bank of Syria. 1010.340 Reports of transportation of cur- 1010.655 Special measures against Banco rency or monetary instruments. Delta Asia. 1010.350 Reports of foreign financial ac- counts. 1010.658 Special measures against FBME 1010.360 Reports of transactions with for- Bank, Ltd. eign financial agencies. 1010.659 Special measures against North 1010.370 Reports of certain domestic coin Korea. and currency transactions. 1010.660 Special measures against Bank of Dandong. Subpart D—Records Required To Be 1010.661 Special measures against Iran. Maintained 1010.670 Summons or subpoena of foreign bank records; termination of cor- 1010.400 General. respondent relationship. 1010.401 Determination by the Secretary. 1010.405 [Reserved] Subpart G—Administrative Rulings 1010.410 Records to be made and retained by financial institutions. 1010.710 Scope. 1010.415 Purchases of bank checks and 1010.711 Submitting requests. drafts, cashier’s checks, money orders 1010.712 Nonconforming requests. and traveler’s checks. 1010.420 Records to be made and retained by 1010.713 Oral communications. persons having financial interests in for- 1010.714 Withdrawing requests. eign financial accounts. 1010.715 Issuing rulings. 1010.430 Nature of records and retention pe- 1010.716 Modifying or rescinding rulings. riod. 1010.717 Disclosing information. 837 VerDate Sep<11>2014 11:23 Nov 02, 2020 Jkt 250130 PO 00000 Frm 00847 Fmt 8010 Sfmt 8010 Q:\31\31V3.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB § 1010.100 31 CFR Ch. X (7–1–20 Edition) Subpart H—Enforcement; Penalties; and stitution accepts a transmittal order Forfeiture by paying the recipient, by notifying the recipient of the receipt of the order 1010.810 Enforcement. or by otherwise becoming obligated to 1010.820 Civil penalty. 1010.821 Penalty adjustment and table. carry out the order. 1010.830 Forfeiture of currency or monetary (b) At one time. For purposes of instruments. § 1010.340 of this part, a person who 1010.840 Criminal penalty. transports, mails, ships or receives; is 1010.850 Enforcement authority with respect about to or attempts to transport, mail to transportation of currency or mone- or ship; or causes the transportation, tary instruments. mailing, shipment or receipt of mone- Subpart I—Summons tary instruments, is deemed to do so ‘‘at one time’’ if: 1010.911 General. (1) That person either alone, in con- 1010.912 Persons who may issue summons. junction with or on behalf of others; 1010.913 Contents of summons. 1010.914 Service of summons. (2) Transports, mails, ships or re- 1010.915 Examination of witnesses and ceives in any manner; is about to records. transport, mail or ship in any manner; 1010.916 Enforcement of summons. or causes the transportation, mailing, 1010.917 Payment of expenses. shipment or receipt in any manner of; (3) Monetary instruments; Subpart J—Miscellaneous (4) Into the United States or out of 1010.920 Access to records. the United States; 1010.930 Rewards for informants. (5) Totaling more than $10,000; 1010.940 Photographic or other reproduc- (6)(i) On one calendar day; or tions of Government obligations. (ii) If for the purpose of evading the 1010.950 Availability of information. reporting requirements of § 1010.340, on 1010.960 Disclosure. 1010.970 Exceptions, exemptions, and re- one or more days. ports. (c) Attorney General. The Attorney 1010.980 Dollars as including foreign cur- General of the United States. rency. (d) Bank. Each agent, agency, branch AUTHORITY: 12 U.S.C. 1829b and 1951–1959; 31 or office within the United States of U.S.C. 5311–5314, 5316–5332; Title III, sec. 314, any person doing business in one or Pub. L. 107–56, 115 Stat. 307; sec. 701, Pub. L. more of the capacities listed below: 114–74, 129 Stat. 599. (1) A commercial bank or trust com- SOURCE: 75 FR 65812, Oct. 26, 2010, unless pany organized under the laws of any otherwise noted. State or of the United States; (2) A private bank; Subpart A—General Definitions (3) A savings and loan association or a building and loan association orga- § 1010.100 General definitions. nized under the laws of any State or of When used in this chapter and in the United States; forms prescribed under this chapter, (4) An insured institution as defined where not otherwise distinctly ex- in section 401 of the National Housing pressed or manifestly incompatible Act; with the intent thereof, terms shall (5) A savings bank, industrial bank or have the meanings ascribed in this sub- other thrift institution; part. Terms applicable to a particular (6) A credit union organized under type of financial institution or specific the law of any State or of the United part or subpart of this chapter are lo- States; cated in that part or subpart. Terms (7) Any other organization (except a may have different meanings in dif- money services business) chartered ferent parts or subparts. under the banking laws of any state (a) Accept. A receiving financial insti- and subject to the supervision of the tution, other than the recipient’s fi- bank supervisory authorities of a nancial institution, accepts a trans- State; mittal order by executing the trans- (8) A bank organized under foreign mittal order. A recipient’s financial in- law; 838 VerDate Sep<11>2014 11:23 Nov 02, 2020 Jkt 250130 PO 00000 Frm 00848 Fmt 8010 Sfmt 8010 Q:\31\31V3.TXT PC31 kpayne on VMOFRWIN702 with $$_JOB Financial Crimes Enforcement Network, Treasury § 1010.100 (9) Any national banking association (m) Currency. The coin and paper or corporation acting under the provi- money of the United States or of any sions of section 25(a) of the Act of Dec. other country that is designated as 23, 1913, as added by the Act of Dec. 24, legal tender and that circulates and is 1919, ch. 18, 41 Stat. 378, as amended (12 customarily used and accepted as a me- U.S.C. 611–32). dium of exchange in the country of (e) Bank Secrecy Act. The Currency issuance. Currency includes U.S. silver and Foreign Transactions Reporting certificates, U.S. notes and Federal Re- Act, its amendments, and the other serve notes. Currency also includes of- statutes relating to the subject matter ficial foreign bank notes that are cus- of that Act, have come to be referred to tomarily used and accepted as a me- as the Bank Secrecy Act. These stat- dium of exchange in a foreign country. utes are codified at 12 U.S.C. 1829b, 12 (n) Deposit account. Deposit accounts U.S.C. 1951–1959, 18 U.S.C. 1956, 18 include transaction accounts described U.S.C. 1957, 18 U.S.C. 1960, and 31 U.S.C. in paragraph (ccc) of this section, sav- 5311–5314 and 5316–5332 and notes there- ings accounts, and other time deposits. to. (o) Domestic. When used herein, refers (f) Beneficiary. The person to be paid to the doing of business within the by the beneficiary’s bank. United States, and limits the applica- (g) Beneficiary’s bank. The bank or bility of the provision where it appears foreign bank identified in a payment to the performance by such institu- order in which an account of the bene- tions or agencies of functions within ficiary is to be credited pursuant to the the United States. order or which otherwise is to make (p) Established customer. A person payment to the beneficiary if the order with an account with the financial in- does not provide for payment to an ac- stitution, including a loan account or count. deposit or other asset account, or a (h) Broker or dealer in securities. A person with respect to which the finan- broker or dealer in securities, reg- cial institution has obtained and main- istered or required to be registered tains on file the person’s name and ad- with the Securities and Exchange Com- dress, as well as taxpayer identifica- mission under the Securities Exchange tion number (e.g., social security or Act of 1934, except persons who register employer identification number) or, if pursuant to section 15(b)(11) of the Se- none, alien identification number or curities Exchange Act of 1934.