- acceptable identification document
means, with respect to an individual—
- affiliate
means an entity that controls, is controlled by, or is under common control with another entity.
- applicant
means any individual who—
- appropriate Federal banking agency
has the same meaning as in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813).
- appropriate State bank supervisor
means the Chairman or members of the State Liaison Committee of the Financial Institutions Examination Council.
- appropriate State credit union supervisor
means the Chairman or members of the State Liaison Committee of the Financial Institutions Examination Council.
- Attorney General
means the Attorney General of the United States.
- correspondent account
has the same meaning as in section 5318A(e)(1)(B).
- covered financial institution
means an institution referred to in subsection (j)(1).
- covered judicial or administrative action
means any judicial or administrative action brought by the Secretary of the Treasury (referred to in this section as the “Secretary”) or the Attorney General under this subchapter, chapter 35 or section 4305 or 4312 of title 50, the Foreign Narcotics Kingpin Designation Act (21 U.S.C. 1901 et seq.), or.),1 and for conspiracies to violate the aforementioned provisions that results in monetary sanctions exceeding $1,000,000.
- currency
includes—
- Department of the Treasury law enforcement organizations
has the meaning given to such term in section 9705(n).
- designated payment system
means any system utilized by a financial transaction provider that the Secretary and the Board of Governors of the Federal Reserve System, in consultation with the Attorney General, jointly determine, by regulation or order, could be utilized in connection with, or to facilitate, any restricted transaction.
- Director
means the Director of FinCEN.
- egregious violation
means, with respect to an individual—
- Federal credit union
has the meaning given the term in section 101 of the Federal Credit Union Act (12 U.S.C. 1752).
- Federal depository institution
has the meaning given the term in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813).
- Federal depository institution regulator
means a member of the Financial Institutions Examination Council to which is delegated any authority of the Secretary under subsection (a)(1).
- Federal functional regulator
means—
- financial agency
means a person acting for a person (except for a country, a monetary or financial authority acting as a monetary or financial authority, or an international financial institution of which the United States Government is a member) as a financial institution, bailee, depository trustee, or agent, or acting in a similar way related to money, credit, securities, gold, a transaction in money, credit, securities or gold, or a service provided with respect to money, securities, futures, precious metals, stones and jewels, or value that substitutes for currency.
- financial institution
means—
- financial transaction provider
means a creditor, credit card issuer, financial institution, operator of a terminal at which an electronic fund transfer may be initiated, money transmitting business, or international, national, regional, or local payment network utilized to effect a credit transaction, electronic fund transfer, stored value product transaction, or money transmitting service, or a participant in such network, or other participant in a designated payment system.
- FinCEN
means the Financial Crimes Enforcement Network of the Department of the Treasury.
- FinCEN identifier
means the unique identifying number assigned by FinCEN to a person under this section.
- foreign person
means a person who is not a United States person, as defined in section 7701(a) of the Internal Revenue Code of 1986.
- Indian Tribe
has the meaning given the term “Indian tribe” in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5130).
- interactive computer service
has the meaning given the term in section 230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)).
- Internet
means the international computer network of interoperable packet switched data networks.
- lawfully admitted for permanent residence
has the meaning given the term in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)).
- monetary instruments
means—
- money transmitting business
means any business other than the United States Postal Service which—
- money transmitting service
includes accepting currency, funds, or value that substitutes for currency and transmitting the currency, funds, or value that substitutes for currency by any means, including through a financial agency or institution, a Federal reserve bank or other facility of the Board of Governors of the Federal Reserve System, or an electronic funds transfer network.
- nonfinancial trade or business
means any trade or business other than a financial institution that is subject to the reporting requirements of section 5313 and regulations prescribed under such section.
- offshore banking license
means a license to conduct banking activities which, as a condition of the license, prohibits the licensed entity from conducting banking activities with the citizens of, or with the local currency of, the country which issued the license.
- original information
means information that—
- payable-through account
means an account, including a transaction account (as defined in section 19(b)(1)(C) of the Federal Reserve Act), opened at a depository institution by a foreign financial institution by means of which the foreign financial institution permits its customers to engage, either directly or through a subaccount, in banking activities usual in connection with the business of banking in the United States.
- physical presence
means a place of business that—
- pooled investment vehicle
means—
- private banking account
means an account (or any combination of accounts) that—
- qualified business customer
means a business which—
- reportable transaction
means any transaction involving funds (as the Secretary may describe in the regulation or order) the total amounts or denominations of which are equal to or greater than an amount which the Secretary may prescribe.
- restricted transaction
means any transaction or transmittal involving any credit, funds, instrument, or proceeds described in any paragraph of section 5363 which the recipient is prohibited from accepting under section 5363.
- Secretary
means the Secretary of the Treasury.
- State
means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the United States Virgin Islands, and any other commonwealth, territory, or possession of the United States.
- transaction account
has the meaning given to such term in section 19(b)(1)(C) of the Federal Reserve Act.
- typology
means a technique to launder money or finance terrorism.
- unique identifying number
means, with respect to an individual or an entity with a sole member, the unique identifying number from an acceptable identification document.
- United States
means the States of the United States, the District of Columbia, and, when the Secretary prescribes by regulation, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, American Samoa, the Trust Territory of the Pacific Islands, a territory or possession of the United States, or a military or diplomatic establishment.
- United States person
has the meaning given the term in section 7701(a) of the Internal Revenue Code of 1986.
- unlawful Internet gambling
means to place, receive, or otherwise knowingly transmit a bet or wager by any means which involves the use, at least in part, of the Internet where such bet or wager is unlawful under any applicable Federal or State law in the State or Tribal lands in which the bet or wager is initiated, received, or otherwise made.
- whistleblower
means any individual who provides, or 2 or more individuals acting jointly who provide, information relating to a violation of this subchapter, chapter 35 or section 4305 or 4312 of title 50, the Foreign Narcotics Kingpin Designation Act (21 U.S.C. 1901 et seq.), or.),1 and for conspiracies to violate the aforementioned provisions to the employer of the individual or individuals, including as part of the job duties of the individual or individuals, or to the Secretary or the Attorney General.
- willfully
means the voluntary, intentional violation of a known legal duty.