BSA / AML Compliance Program
Compliance Program
For
______
(business name)
An Authorized Agent of
All Business Corporation
d/b/a
US Express Money Order
______
Bank Secrecy Act
Anti Money Laundering
OFAC
USA PATRIOT ACT
Table of Contents
Chapter 1. Overview 1-4
Section 1.1. All Business Corporation d/b/a US Express Money Order 1.1-4
Section 1.2. Purpose of this Guide 1.2-4
Section 1.3. Not legal advice; additional information 1.3-4
Section 1.4. Basic Requirements 1.4-4
Section 1.5. Adoption of Compliance Program 1.5-5
Section 1.6. Designation of a Compliance Officer 1.6-6
Section 1.7. Employee Training 1.7-7
Section 1.8. Independent Review 1.8-8
Chapter 2. BSA / AML Program 2-9
Section 2.1. Policy Statement 2.1-9
Section 2.2. Introduction 2.2-9
Section 2.3. BSA Officer 2.3-10
Section 2.4. Written Compliance Program 2.4-10
Section 2.5. BSA / AML Training 2.5-10
Section 2.6. Annual Independent Review 2.6-11
Chapter 3. Money Laundering and Terrorist Financing 3-12
Section 3.1. Money Laundering 3.1-12
Section 3.2. Terrorist Financing 3.2-13
Section 3.3. Suspicious Transactions and Conduct 3.3-13
Part 3.3.1. Potentially Suspicious Activity That May Indicate Money Laundering 3.3.1-14
Part 3.3.2. Potentially Suspicious Activity That May Indicate Terrorist Financing 3.3.2-15
Section 3.4. Monitoring for Suspicious Activity 3.4-15
Chapter 4. Purchases of Monetary Instruments 4-16
Section 4.1. Background 4.1-16
Section 4.2. Monetary Instruments sold by US Express Money Order 4.2-16
Section 4.3. Responsibility for Completion of Monetary Instrument Log 4.3-16
Section 4.4. Forwarding and Retention of Form-2000 forms 4.4-17
Chapter 5. Customer Identification Program (CIP) 5-18
Section 5.1. Identity Verification Procedures 5.1-18
Part 5.1.1. Verification Through Documents 5.1.1-18
Part 5.1.2. Lack of Verification 5.1.2-19
Section 5.2. US Express Money Order Procedures 5.2-19
Chapter 6. Office of Foreign Assets Control List (OFAC) 6-20
Section 6.1. Background 6.1-20
Section 6.2. Policy 6.2-20
Chapter 7. Currency Transaction Reports (CTRs) 7-21
Section 7.1. Background 7.1-21
Section 7.2. US Express Money Order Policies 7.2-21
Section 7.3. Responsibility for Completion of CTRs 7.3-21
Chapter 8. Suspicious Activity Reporting 8-22
Section 8.1. Categories of Reportable Activity 8.1-22
Section 8.2. Thresholds of Reportable Activity 8.2-22
Section 8.3. The SAR Procedure 8.3-23
Section 8.4. Safe Harbor 8.4-23
Chapter 9. BSA / AML Independent Review Error! Bookmark not defined.
Section 9.1. Background Error! Bookmark not defined.
Section 9.2. Annual Independent Review of BSA / AML Program Error! Bookmark not defined.
Chapter 10. Compliance Examination and Legal Requests 10-25
Section 10.1. IRS Compliance Examination Procedure Error! Bookmark not defined.
Section 10.2. Law Enforcement Requests Error! Bookmark not defined.
Chapter 11. BSA Reporting to the Board of Directors Error! Bookmark not defined.
Section 11.1. Reporting of Annual Independent Review Error! Bookmark not defined.
Section 11.2. Other Reporting to Board Error! Bookmark not defined.
Chapter 12. BSA Records Retention 12-27
Section 12.1. US Express Money Order Agent Procedures 12.1-27
As of(date) / All employees are expected to accurately follow the policies and procedures outlined. / 3
BSA / AML Compliance Program
Chapter 1. Overview
Section 1.1. All Business Corporation d/b/a US Express Money Order
All Business Corporation is a Georgia corporation licensed by the Georgia Department of Banking and Finance for the sale of checks. The company operates as a money services business as defined under the federal Bank Secrecy Act and has properly registered with the Financial Crimes Enforcement Network (FinCEN).
The company acts as a principal for the sale of checks that operates through an agent network. Each agent of the company is also a money services business and must comply with specific provisions of the Bank Secrecy Act pertaining to agents. Note that an agent may also be operating as a principal for other activities which would require it to implement additional policies, procedures and controls than identified herein.
Section 1.2. Purpose of this Guide
The purpose of this document is to help Agents and their employees: 1) detect and prevent money laundering and terrorist financing; 2) comply with the Bank Secrecy Act’s (BSA) recordkeeping and reporting requirements; 3) identify and report suspicious activity; and, 4) comply with policies of All Business Corporation d/b/a US Express Money Order as pertains to the sale of money orders.
Section 1.3. Not legal advice; additional information
This manual contains legal and compliance information concerning the Bank Secrecy Act but is not intended to be legal advice. For legal advice, including interpretation and application of any law, you should consult with an attorney. Additional information on anti-money laundering compliance requirements for money services businesses can be found on the FinCEN website for MSBs (www.MSB.gov), within the Bank Secrecy Act at 31 CFR 103 et seq, and within the filing instructions for applicable forms.
Section 1.4. Basic Requirements
Agents of US Express are also money services businesses and must implement written, risk-based compliance program meeting the “4 Pillars” test and providing for appropriate record-keeping. The “4 Pillars” require that MSBs:
1. Adopt a written Bank Secrecy Act / Anti-Money Laundering Compliance Program tailored to their business’ money service activities.
2. Designate a Compliance Officer to be responsible for managing compliance.
3. Train all employees, management and Board of Directors / owners at least annually.
4. Obtain appropriate documented independent review (typically annually) to ensure that the compliance program is effective and operating as it should be.
Record-keeping requirements include monetary instrument logs, currency transaction reports, and suspicious activity reports.
Section 1.5. Adoption of Compliance Program
By completing the Certification on this page, this Agent is formally adopting the materials in this manual as part of its Bank Secrecy Act / Anti-Money Laundering Compliance Program. This Agent should further tailor and supplement its compliance program with specific procedures of the business as well as with additional information provided by regulators, licensed MSBs, or other professionals, such as its attorney or accountant as deemed necessary.
The adoption of this program is simply one step this Agent will take to ensure that it maintains an effective BSA/AML program. Additional measures include employee training on this program, the designation of a Compliance Officer, and an independent review of the quality of this program.
Certification of Adoption
of Compliance Program
I, ______, (name) on behalf of ______(name of business) certify that this entity has adopted an anti-money laundering compliance program, which includes the policies and procedures contained in the US Express Money Order Bank Secrecy Act / Anti-Money Laundering Compliance Manual. Furthermore, this Agent will comply with all of the reporting and recordkeeping requirements imposed by the Bank Secrecy Act, the USA PATRIOT Act and any other applicable anti-money laundering laws or regulations.
Date: ______
Name: ______
Title: ______
Company: ______
Section 1.6. Designation of a Compliance Officer
This Agent agrees to formally designate a competent individual to serve as its Compliance Officer. The person may be an employee of the Agent who is in a position of responsibility capable of implementing an effective Anti-Money Laundering compliance program.
The Compliance Officer’s duties will include: ensuring appropriate training of all staff involved in MSB activities each year and documenting such training; proper recordkeeping and reporting as mandated by the Bank Secrecy Act; updating the Compliance Program as necessary due to changes in laws or regulations; maintaining compliance with licensing laws and OFAC requirements; and ensuring adherence to any related compliance laws and regulations. The Compliance Officer will also see that a periodic independent review is conducted on the quality of the compliance program and is documented.
Designation of Bank Secrecy Act / Anti-Money Laundering
Compliance Officer
______(name of person) is hereby designated as the BSA/AML Compliance Officer for ______(name of business). The Compliance Officer, as well as senior management, is responsible for ensuring the ongoing compliance of this Agent with all state and federal anti-money laundering laws, and for ensuring that all employees are trained on BSA/AML requirements before conducting any Money Services Business (MSB) activity.
Date: ______
Name: ______
Title: ______
Company: ______
Section 1.7. Employee Training
One of the “4 Pillars” of an effective compliance program is employee training. The Bank Secrecy Act requires that each employee involved in provision of money services be provided with appropriate training each year. This training must be documented to prove that it occurred.
At a minimum, training should include having employees review all of the information in this Manual and sign a copy of the Acknowledgment form to be retained in their personnel file or the business’s BSA/AML files.
Acknowledgment of Employee Training
I have read the materials in this Manual and have been trained and understand the Bank Secrecy Act / Anti-Money Laundering Compliance Program requirements. In addition, prior to conducting any Money Services Business (MSB) transactions for this entity, I have been instructed on the BSA reporting and recordkeeping requirements, including the reporting of suspicious activity on the SAR-MSB form.
Employee’s Name: ______
Employee’s Signature: ______
Date: ______
Section 1.8. Independent Review
Every Money Services Business is required to have conducted a periodic independent review of its compliance program; typically this is annually. A senior level employee of the MSB or some other knowledgeable outside qualified party may conduct the review; however, the MSB’s designated Compliance Officer may not conduct the review.
The independent review should be documented. The reviewer should write a report or memo outlining the procedures performed, samples tested and any findings.
Chapter 2. BSA / AML Program
Section 2.1. Policy Statement
By adopting the policies contained within this BSA / AML Compliance Program, the US Express Money Order agent, the MSB, seeks to comply with these laws and regulations and acknowledges the serious purposes involved.
It is the policy of the company to comply with all anti-money laundering laws and regulations, and to guard against the use of the company’s products and services for money laundering or other illegal activity. Compliance is the responsibility of each Team Member, as directed by the Board of Directors, implemented by the Bank Secrecy Act Officer and part of the Team Member’s job responsibilities.
Money services businesses may unknowingly be used to launder money derived from criminal activity. The intention behind these types of transactions is to hide ownership of the funds and associated activities from the government. Our company will make every effort to resist being associated with money laundering or any other type of criminal activity. Any Director, officer or employee who knowingly and willfully launders money, or attempts or assists someone in laundering money, is subject to substantial fines or imprisonment or both. Also, in accordance with the Bank Secrecy Act (BSA), any Director, officer or employee who willfully structures a transaction, or attempts or assists someone in structuring a transaction, to avoid the currency reporting requirements of BSA is subject to substantial fines or imprisonment or both.
Our company’s Directors, officers and employees are prohibited from engaging in money laundering and/or transaction structuring. All Directors, officers and employees are required to report immediately all attempts to launder money, structure a transaction and/or all suspicious activities.
Each Team Member is required to adhere to the policies within this compliance document.
Section 2.2. Introduction
The Financial Recordkeeping and Reporting of Currency and Foreign Transactions Act of 1970 (31 U.S.C 5311 et seq.) is referred to as The Bank Secrecy Act (BSA). The Bank Secrecy Act imposes a duty on financial institutions, which includes this business as an MSB, to identify and report potential money-laundering activities, terrorist financing, illegal activities, and certain other suspicious transactions conducted by or through the business, and also to make and retain certain records regarding customers, transactions and accounts.
Currency Transaction Reports (CTRs) and Suspicious Activity Reports (SARs) are the primary means used by financial institutions to satisfy the requirements of the BSA. The BSA also requires records be maintained sufficient to enable transactions and activity in customer accounts to be reconstructed if necessary; such records are very useful in any subsequent criminal, tax or regulatory investigations or proceedings.
The BSA was originally intended to aid in the investigation of criminal investigations, e.g. income tax evasion and money laundering. A number of acts and regulations have been added over the years to expand and strengthen the scope and enforcement of the BSA, implement more stringent anti-money laundering (AML) measures, and counter terrorism. Such acts include:
· Money Laundering Control Act of 1986
· Anti-Drug Abuse Act of 1988
· Annuzio-Wylie Anti-Money Laundering Act of 1992
· Money Laundering Suppression Act of 1994
· Money Laundering and Financial Crimes Strategy Act of 1998
· The USA PATRIOT Act (Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act)
These acts place responsibilities upon the business such as:
· Performing specific Customer Identification Procedures and Office of Foreign Assets Control (OFAC) list checks prior to completing transactions;
· Identifying customers and evaluating the risk of performing transactions for them;
· Being alert for suspicious, unusual or unexpected activity, investigating such activity and filing SAR-MSBs with the United States Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) when appropriate.
· Filing reports of large currency transactions (CTRs) with the Internal Revenue Service (IRS).
All financial institutions subject to these regulations are required to implement and closely adhere to written BSA/AML policies and procedures approved by their Board of Directors.
Section 2.3. BSA Officer
The company will name a BSA/AML Compliance Officer and has done so as identified in the beginning of this document. This individual is responsible for the administration of the MSB’s BSA/AML Compliance Program. The BSA Officer shall also ensure that all employees, officers, and directors are provided appropriate training concerning BSA requirements. The BSA Officer is responsible for ensuring all new employees, officers and directors receive initial BSA training, and the BSA Officer will arrange or conduct BSA training for all employees, officers and directors on a periodic basis, tailored in each case to the individual’s position and responsibilities within the business.