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The Bank Secrecy Act of 1970 (BSA), also known as the Currency and Foreign Transactions Reporting Act, is a U.S. law requiring financial institutions in the United States to assist U.S. government agencies in detecting and preventing money laundering. [1]
The Customer Identification Program is intended to enable the bank to form a reasonable belief that it knows the true identity of each customer. The CIP must include new account opening procedures that specify the identifying information that will be obtained from each customer.
The act is part of the Bank Secrecy Act, a specific piece of U.S. legislation focusing on reporting and record-keeping requirements for financial institutions. The Anti-Money Laundering Act refers to a broader set of international and national laws and regulations aimed at combating money laundering and related financial crimes.
Anti-money laundering (AML) software is software used in the finance and legal industries to help companies comply with the legal requirements for financial institutions and other regulated entities to prevent or report money laundering activities. AML software can facilitate faster and more accurate compliance and investigations. [1]
The Crime Prevention Officer is responsible for implementing and supervising the company's compliance program to prevent and detect the commission of these crimes. Furthermore, for entities subject to reporting obligations concerning potential money laundering or terrorist financing operations, the appointment of a Compliance Officer is mandatory.
These regulations were jointly produced by FinCEN and U.S. Treasury as 31 C.F.R. 103.137 on December 5, 2001 and largely focus on requiring insurance companies to form anti-money laundering programs — depository institutions were not targeted because the Bank Secrecy Act already requires them to have anti-money laundering programs. [33]
The BSA was amended in 2004 [6] to make financial institutions implement anti money laundering programs. Institutions must implement, at a minimum, the development of internal policies, procedures, and controls; the designation of a compliance officer; an ongoing employee training program; and an independent audit function to test programs.
FinCEN was established by order of the Secretary of the Treasury (Treasury Order Numbered 105-08) on April 25, 1990. [4] In May 1994, its mission was broadened to involve regulatory responsibilities, and in October 1994 the Treasury Department's precursor of FinCEN, the Office of Financial Enforcement, was merged with FinCEN. [5]