The Bank Secrecy Act

The Currency and Foreign Transactions Reporting Act of 1970, its amendments, and the other statutes relating to the subject matter of that Act, have come to be referred to as the Bank Secrecy Act (BSA). The BSA authorizes the Department of the Treasury to impose reporting and other requirements on financial institutions and other businesses to help detect and prevent money laundering. Specifically, the regulations implementing the BSA require financial institutions to, among other things, keep records of cash purchases of negotiable instruments, file reports of cash transactions exceeding $10,000 (daily aggregate amount), and to report suspicious activity that might signify money laundering, tax evasion, or other criminal activities. The BSA is sometimes referred to as an "anti-money laundering" (AML) law or jointly as “BSA/AML,” and is codified at 12 U.S.C. 1829b, 12 U.S.C. 1951-1960, 31 U.S.C. 5311-5314, 5316-5336, and includes notes thereto.

BSA Statute

[31 U.S.C. 5327 and 5328 have been repealed. Section 5327, relating to financial institutions reporting on customers, was repealed in 1996. Section 5328, relating to protections for whistleblowers, was repealed by the National Defense Authorization Act for Fiscal Year 2021.]

Codified BSA Regulations

On March 1, 2011, FinCEN transferred its regulations from 31 CFR Part 103 to 31 CFR Chapter X as part of an ongoing effort to increase the efficiency and effectiveness of its regulatory oversight.

The Federal Register

The Federal Register contains final regulations issued after the date of codification, as well as Notices of Proposed Rulemaking. Notices that FinCEN has submitted to the Federal Register are located here.