DATE: July 1, 2014
1. PURPOSE. By virtue of the USA PATRIOT Act of 2001 (Pub. L. No. 107-56, Title III, Subtitle B, Section 361(a)(2), 115 Stat. 272, 329-332), and by the authority vested in me as Secretary of the Treasury, this Order authorizes the Financial Crimes Enforcement Network (“FinCEN” or “Bureau”), created as a bureau within the Department by section 361 of the USA PATRIOT Act of 2001, to carry out the duties and responsibilities set forth by the Act and any other duties and responsibilities delegated pursuant to this Order. The head of the Bureau is the Director, Financial Crimes Enforcement Network, who shall report to the Under Secretary for Terrorism and Financial Intelligence. The mission of FinCEN shall be to fulfill the duties and powers assigned to the Director of FinCEN in the USA PATRIOT Act of 2001, codified in relevant part at 31 USC 310(b), to support law enforcement efforts and foster interagency and global cooperation against domestic and international financial crimes, and to provide U.S. policy makers with strategic analysis of domestic and worldwide trends and patterns. FinCEN works toward those ends through information collection, analysis, and sharing, as well as technological assistance and innovative, cost-effective implementation of the Bank Secrecy Act and other Treasury authorities assigned to FinCEN.
2. SCOPE. This Order applies to all bureaus, offices, and organizations in the Department of the Treasury, including the offices of Inspectors General within the Department. The provisions of this Order shall not be construed to interfere with or impede the authorities or independence of the Department’s Inspectors General.
3. DELEGATION. In addition to the duties and powers established by the USA PATRIOT Act of 2001, codified in relevant part at 31 USC 310(b), the Director of FinCEN is authorized to issue regulations and perform other actions for the purposes of carrying out the functions, powers, and duties delegated to the Director. The Director is hereby delegated authority to:
a. take all necessary and appropriate actions to implement and administer the provisions of the Bank Secrecy Act, including provisions which are codified at 12 USC 1829b, 12 USC 1951-59, 31 USC 5311 et seq., and section 314 of P.L. 107-56, including, but not limited to, the promulgation and amendment of regulations and the assessment of penalties;
b. exercise authority for enforcement of and compliance with regulations at Title 31, Chapter X - Financial Crimes Enforcement Network with respect to the activities of agencies exercising authority thereunder that has been redelegated to such agencies by FinCEN under paragraph 4 infra; and
c. design and implement programs of public outreach and communication to the financial community and the general public relating to the functions of the Bureau and the Department’s efforts to prevent and detect money laundering and other financial crime.
a. The Director of FinCEN may redelegate any authority vested under this Order to an officer or employee of the Treasury Department, including its bureaus.
b. The Director of FinCEN may redelegate any authority vested in the Director to an officer or employee of an agency other than the Treasury Department, when authorized by law.
5. RESPONSIBILITIES. The Director of FinCEN shall possess full authority, powers, and duties to administer the affairs and to perform the functions of FinCEN, including, without limitation, all management and administrative authorities similarly granted to Bureau Heads or Heads of Bureaus in Treasury Orders and Treasury Directives. The Director shall also possess authority to request one or more other government agencies to provide administrative support to the Bureau, in the name of the Bureau and under policies adopted by the Director.
6. CHIEF COUNSEL. The Office of Chief Counsel of FinCEN shall be a part of the Legal Division, under the supervision of the General Counsel.
a. All regulations prescribed, all rules and instructions issued, and all forms adopted for the administration and enforcement of the Bank Secrecy Act, that were in effect or in use on the date of enactment of the USA PATRIOT Act of 2001, shall continue in effect as regulations, rules, instructions, and forms of the Bureau until superseded or revised.
b. All regulations prescribed, all rules and instructions issued, and all forms adopted for the administration of FinCEN prior to it becoming a bureau, that were in effect or in use on the date of enactment of the USA PATRIOT Act of 2001, shall continue in effect as regulations, rules, instructions, and forms of the Bureau until superseded or revised.
c. The terms “Director, Financial Crimes Enforcement Network,” “Director, Office of Financial Enforcement,” and “Assistant Secretary (Enforcement)” wherever used in regulations, rules, instructions, and forms issued or adopted for the administration and enforcement of the Bank Secrecy Act that were in effect or in use on the date of enactment of the USA PATRIOT Act of 2001, shall be held to mean the Director of FinCEN.
d. All regulations issued or amended by the Director of FinCEN shall be subject to approval by the Under Secretary (Terrorism and Financial Intelligence).
8. RATIFICATION. Any action heretofore taken that is consistent with this Order is hereby affirmed and ratified.
9. EXCEPTIONS. This Order does not affect the authority of the Commissioner of Internal Revenue under Treasury Directive 15-41, “Bank Secrecy Act – Internal Revenue Service,” or under successor issuances to that Directive.
a. Public Law 107-56, Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act) of 2001, October 26, 2001, Pub. L. No 107-56, Title III, Subtitle B, Section 361(a)(2), 115 Stat. 272, 329-332, codified in relevant part at 31 USC 310(b).
b. 31 USC 321(b).
11. EXISTING TREASURY ORDERS AND DIRECTIVES. Existing Treasury Orders and Directives shall be read to conform to this Order and in a manner that is consistent with FinCEN’s status as a bureau.
12. CANCELLATION. Treasury Order 180-01, “Financial Crimes Enforcement Network,” dated March 24, 2003, is superseded.
13. OFFICE OF PRIMARY INTEREST. Financial Crimes Enforcement Network.
/S/ Jacob J. Lew
Secretary of the Treasury