The US Securities and Exchange Commission (SEC) and the Financial Crimes Enforcement
Network (FinCEN) last Thursday announced that they have reached an agreement
for the routine exchange of examination and enforcement information relating
to SEC-regulated firms' compliance with the Bank Secrecy Act (BSA).
The goal of the agreement is to assist in the identification, deterrence, and
interdiction of terrorist financing and money laundering.
The agreement will better ensure that SEC-regulated firms have robust anti-money
laundering programs and assist the agencies' efforts to identify financial institutions
with significant BSA violations or deficiencies and take enforcement and other
action when appropriate. The BSA was designed to protect the US financial system
from money laundering and other financial crime through a system of regulatory
controls and reporting aimed at increasing transparency in the US financial
system. SEC-regulated firms include, among others, broker-dealers in securities
and investment companies.
The agencies entered into a Memorandum of Understanding (MOU) under which the
SEC will provide FinCEN with detailed information on a quarterly basis regarding
the SEC's and the securities self-regulatory organizations' anti-money laundering
examination and enforcement activities.
For its part under the agreement, FinCEN will provide assistance and analytical
reports to the SEC. The MOU is consistent with those that FinCEN has reached
with the federal banking agencies and the Internal Revenue Service.
"This agreement is another cornerstone in FinCEN's continuing effort to
strengthen communication and cooperation among federal regulators that examine
financial institutions for compliance with the Bank Secrecy Act and other anti-money
laundering regulations to further support our ability to follow up on and address
financial crime," announced Robert Werner, Director of FinCEN.
SEC Chairman Christopher Cox added:
"We are pleased to formalize our already strong working relationship with
FinCEN. The agreement will improve our joint efforts to ensure aggressive anti-money
laundering compliance programs to deter potential money laundering and terrorist
financing activities in the US"
The SEC and FinCEN will meet regularly as part of the agencies' continuing
efforts to improve anti-money laundering and anti-terrorist financing compliance.