Implementation of USA PATRIOT Act of 2001 Financial Provisions
March 8, 2002
The Financial Crimes Enforcement Network (FinCEN), a bureau of the Treasury
Department, is issuing regulations to implement the provision in the Uniting
and Strengthening America by Providing Appropriate Tools Required to Intercept
and Obstruct Terrorism (USA PATRIOT) Act of 2001 that encourages information
sharing among financial institutions for purposes of identifying and reporting
activities that may involve terrorist acts or money laundering activities. The
Act authorized financial institutions to share information to assist in the
identification of suspected terrorists and money launderers. The notice
provision outlined in the interim regulation provides for a yearly certification
to FinCEN that information will be shared and protected from inappropriate
disclosure, and requires that any money laundering or terrorist activities
uncovered be reported to FinCEN or other law enforcement. FinCEN believes this
provision will allow for the sharing of information while protecting the privacy
interests of customers of financial institutions. This rule is effective March
4, 2002. Click here to view interim regulations. The department is also
soliciting written comments on all aspects of the proposed rule. Comments must
be received on or before April 3, 2002.
Click here for instructions on submitting comments.
Financial institutions with questions about their coverage or compliance
obligations under this rule should contact their appropriate federal regulator,
or contact a Holland & Knight attorney.