What is the 31 USC 5311 Bank Secrecy Act?

Asked by: Delphine Balistreri V  |  Last update: February 5, 2026
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The Bank Secrecy Act (BSA), codified in part at 31 U.S.C. 5311, is a foundational U.S. anti-money laundering (AML) law requiring financial institutions to keep records and report suspicious transactions to help the government detect and prevent financial crimes, terrorism financing, and tax evasion, with 31 U.S.C. 5311 specifically declaring its purpose to gather useful information for investigations. Key requirements include filing Currency Transaction Reports (CTRs) for cash over $10,000 and Suspicious Activity Reports (SARs) for unusual activity, enforced by the Financial Crimes Enforcement Network (FinCEN).

What is the Bank Secrecy Act 31 USC 5311?

The Bank Secrecy Act (BSA), 31 USC 5311 et seq establishes program, recordkeeping and reporting requirements for national banks, federal savings associations, federal branches and agencies of foreign banks. The OCC's implementing regulations are found at 12 CFR 21.11 and 12 CFR 21.21.

What are the requirements for Title 31?

Under Title 31, casinos must report any suspicious transactions involving money laundering or other criminal activities. Specifically, they must provide identifying information on any individual in the casino who conducts more than $10,000 in transactions within 24 hours.

What is the main purpose of the Bank Secrecy Act?

The Bank Secrecy Act (BSA) collectively refers to a series of laws intended to detect and prevent money laundering, and later, the financing of terrorism, starting with the Currency and Foreign Transactions Reporting Act of 1970.

What is 31 USC 5319?

§5319. Availability of reports. The Secretary of the Treasury shall make information in a report filed under section 5313, 5314, or 5316 of this title available to an agency, including any State financial institutions supervisory agency, on request of the head of the agency.

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19 related questions found

Is 31 USC legal tender?

Legal tender. United States coins and currency (including Federal reserve notes and circulating notes of Federal reserve banks and national banks) are legal tender for all debts, public charges, taxes, and dues. Foreign gold or silver coins are not legal tender for debts. ( Pub.

Do private companies have to disclose financial statements?

Financial statements are only required for shareholders, and not available to the general public through the Secretary of State Business search.

What are the 4 pillars of the Bank Secrecy Act?

There are four pillars to an effective BSA/AML program: 1) development of internal policies, procedures, and related controls, 2) designation of a compliance officer, 3) a thorough and ongoing training program, and 4) independent review for compliance.

How much money can you withdraw from the bank before getting flagged?

If you withdraw $10,000 or more in cash, your bank files a Currency Transaction Report (CTR) to FinCEN.

Who benefits from bank secrecy laws?

Benefits of BSA Compliance for Financial Institutions

This not only helps to uphold the integrity of the financial system but also protects both the institution and its customers. Moreover, compliance with BSA regulations fosters an environment of transparency and accountability within financial institutions.

How do banks know if you are money laundering?

Red flags of money laundering

Unusual financial activity that deviates from a customer's normal transaction patterns. Large cash deposits with no clear justification for their origin. Evasive or defensive responses when questioned about transactions. Discrepancies in provided information or documentation.

What does title 31 mean?

Title 31 refers to the federal Bank Secrecy Act regulations, codified in the Code of Federal Regulations (31 CFR), that establish specific reporting requirements for casinos to implement anti-money laundering programs, including identifying and reporting suspicious transactions over $10,000 through currency transaction ...

Do banks have to report deposits over $10,000?

However, banks do report deposits over $10,000. This is required as part of the Bank Secrecy Act (BSA). Note that this amount is the daily aggregate amount, meaning if you have multiple transactions in a day that add up to $10,000 or more, the financial institution must report it.

What is the main goal of BSA?

The BSA, along with other anti-money laundering (AML) statutes and regulations, comprise the AML regime that is intended to safeguard the U.S. financial system, and its financial institutions, from the abuses of financial crime, including money laundering, terrorist financing, and other illicit financial activity.

How big of a check can you cash without reporting to the IRS?

Note that under a separate reporting requirement, banks and other financial institutions report cash purchases of cashier's checks, treasurer's checks and/or bank checks, bank drafts, traveler's checks and money orders with a face value of more than $10,000 by filing currency transaction reports.

What is the difference between OFAC and FinCEN?

Key Differences Between OFAC and FinCEN

FinCEN focuses on identifying and preventing financial crimes. Its tasks are related to analyzing transactions, detecting suspicious schemes, combating money laundering, and financing terrorism. OFAC, on the other hand, is responsible for implementing U.S. sanctions policy.

How much money can I transfer without being flagged?

You can transfer large amounts of money, but transactions over $10,000, especially in cash or structured deposits, trigger mandatory reporting (like IRS Form 8300 or Bank Secrecy Act (BSA) reports), not necessarily taxes, to fight money laundering. Banks file reports for cash over $10k (CTR) or suspicious activity (SAR) if they see patterns to avoid reporting (structuring), which can flag accounts even for smaller amounts like $200 if part of a pattern. 

Do banks ask why you are withdrawing money?

The teller may casually ask why you are withdrawing the money. It can feel personal, but it is a routine question tied to fraud prevention and anti-money laundering rules.

What happens if you withdraw more than $10,000 from the bank?

Anytime you withdraw more than $10,000 in cash, your bank is legally required to file a Currency Transaction Report (CTR) with the Financial Crimes Enforcement Network (FinCEN). The report includes your name, account number, and the exact amount withdrawn, along with the date and location of the transaction.

What is the Bank Secrecy Act in simple terms?

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.

What are AML red flags?

Other actions that are considered AML red flags in terms of suspicious transactions include large cash payments, unexplained third-party transactions, the use of multiple accounts, or the use of foreign bank accounts or virtual wallets, especially if they originate from diverse jurisdictions.

What are the three forms of money laundering?

The three types (or stages) of money laundering are Placement, where illegal cash is introduced into the financial system; Layering, involving complex transactions to obscure the source; and Integration, where the now "clean" money is returned to the criminal as legitimate funds, often through assets or businesses. These stages are sequential steps to disguise the origin of illicit funds, turning crime proceeds into usable wealth.
 

Can you look up someone's financial records?

These are typically available to any member of the public, sometimes with certain restrictions or only under certain circumstances. Sources include: County Recorder (real estate records), Secretary of State (corporation and UCC filings), Business Licenses, Health Permits, CSLB Licenses, CDSS, BSIS, DMV, ABC, Courts.

What is the 7 day rule for accounts?

Mean accounting date arrangements

390 enables a company to draw up its accounts to any date within seven days either side of its accounting reference date. HMRC will generally allow a company to adopt its year-end date for corporation tax purposes provided it does not vary more than four days from a mean date.

What 7 items must financial statements consist of?

Understanding the Types of Financial Statements

  • The Balance Sheet.
  • The Income Statement.
  • The Cash Flow Statement.
  • Statement of Shareholders' Equity.
  • Liquidity Ratios.
  • Profitability Ratios.
  • Solvency Ratios.
  • Efficiency Ratios.