Form 101a - Suspicious Activity Report Instructions printable pdf download

FinCEN Form 101a

Suspicious Activity Report (SAR-SF) Instructions

Safe Harbor Federal law (31 U.S.C. 5318(g)(3))

transaction (or a pattern of transactions of which

files a report pursuant to the reporting

provides complete protection from civil liability

requirements of 17 CFR 240.17f-1;

the transaction is a part):

for all reports of suspicious transactions made to

i. Involves funds derived from illegal activity

ii.

A violation otherwise required to be

appropriate authorities, including supporting docu-

or is intended or conducted in order to hide or

reported on a SAR-SF: (a) of any of the federal

mentation, regardless of whether such reports are

disguise funds or assets derived from illegal

securities laws or rules of an SRO by the BD or

filed pursuant to this report’s instructions or are

activity (including, without limitation, the

filed on a voluntary basis. Specifically, the law pro-

any of its officers, directors, employees or other

ownership, nature, source, location, or control

vides that a financial institution, and its directors,

registered representatives, other than a violation

of such funds or assets) as part of a plan to

officers, employees, and agents, that make a dis-

of 17 CFR 240.17a-8 or 17 CFR 405.4, so long as

violate or evade any federal law or regulation or

closure of any possible violation of law or regula-

such violation is appropriately reported to the SEC

to avoid any transaction reporting requirement

or an SRO; or (b) under the CEA (7 U.S.C. 1 et

tion, including in connection with the preparation

under federal law or regulation;

seq.), the regulations of the CFTC (17 CFR Chpt.1),

of suspicious activity reports, “shall not be liable to

or the rules of any RFA or RE as those terms are

any person under any law or regulation of the

ii. Is designed, whether through structuring or

United States, any constitution, law, or regulation

defined in the CEA, 7 U.S.C. 21 and 7 U.S.C. 1a(29),

other means, to evade any requirements of 31

of any State or political subdivision of any State, or

by the FCM or IB-C or any of its officers, directors,

CFR Chapter X or of any other regulations

under any contract or other legally enforceable

employees or associated persons, other than a

promulgated under the Bank Secrecy Act, Pub.

agreement (including any arbitration agreement),

violation of 17 CFR 42.2 as long as such violation

L. 91-508, as amended, codified at 12 U.S.C.

is appropriately reported to the CFTC or a RFA or

for such disclosure or for any failure to provide

1829b, 12 U.S.C. 1951-1959, and 31 U.S.C. 5311

RE.

notice of such disclosure to the person who is the

- 5314, 5316 - 5332;

subject of such disclosure or any other person iden-

tified in the disclosure.”

6.The Bank Secrecy Act requires financial institu-

iii. Has no business or apparent lawful purpose

tions to file currency transaction reports (CTRs) in

or is not the sort in which the particular customer

Notification Prohibited Federal law (31 U.S.C.

accordance with the Department of the Treasury’s

would normally be expected to engage, and the

5318(g)(2)) provides that a financial institution, and

implementing regulations (31 CFR Chapter X).

BD, FCM or IB-C knows of no reasonable

These regulations require a financial institution to

its directors, officers, employees, and agents who,

explanation for the transaction after examining the

file a CTR whenever a currency transaction ex-

voluntarily or by means of a suspicious activity re-

available facts, including the background and

port, report suspicious transactions to the govern-

ceeds $10,000. If a currency transaction exceeds

possible purpose of the transaction; or

ment, may not notify any person involved in the

$10,000 and is suspicious, the institution must

transaction that the transaction has been reported.

file both a CTR (reporting the currency transac-

iv. Involves use of the BD, FCM or IB-C to

tion) and a suspicious activity report (reporting

In situations involving violations that require

facilitate criminal activity.

the suspicious aspects of the transaction). If a

immediate attention,

such as terrorist financ-

currency transaction is $10,000 or less and is

ing or ongoing money laundering schemes, the

3. The obligation to identify and properly and

suspicious, the institution should only file a sus-

financial institution shall immediately notify by

timely report a suspicious transaction rests with

picious activity report. Appropriate records must

telephone an appropriate law enforcement au-

each BD, FCM, and IB-C involved in the transaction,

be maintained in each case.

thority in addition

to filing a timely suspicious

provided that no more than one report is required

activity report.

to be filed by any of the BDs, FCMs, or IB-Cs

See: 31 CFR Chapter X; 17 CFR 240.17a-8; 17

involved in a particular transaction (so long as the

CFR 405.4; 17 CFR 42.2

report filed contains all relevant facts).

When to file a report

General Instructions

4. A SAR-SF shall be filed no later than 30 calendar

days after the date of the initial detection by the

1. Every broker or dealer in securities (BD),

A. Abbreviations and Definitions

reporting BD, FCM, or IB-C of facts that may

futures commission merchant (FCM), and

constitute a basis for filing a SAR-SF. If no suspect is

1. AKA--

also known as (individual)

introducing broker in commodities (IB-C) within

identified on the date of such initial detection, a

2. ASE--

American Stock Exchange

the United States shall file with FinCEN, to the

BD, FCM, or IB-C may delay filing a SAR-SF for an

3. BD--

Broker or Dealer in Securities

extent and in the manner required by 31 CFR

additional 30 calendar days to identify a suspect,

4. CBOE-- Chicago Board Options Exchange

1023.320 and 1026.320, a report of any

but in no case shall reporting be delayed more

5. CBOT-- Chicago Board of Trade

suspicious transaction relevant to a possible

than 60 calendar days after the date of such initial

6. CME--

Chicago Mercantile Exchange

violation of law or regulation. A BD, FCM or IB-C

detection. In situations involving violations that

7. CPO--

Commodity Pool Operator

may also file with FinCEN a report of any

require immediate attention, such as terrorist

8. CRD--

Central Registration Depository

suspicious transaction that it believes is relevant

financing or ongoing money laundering schemes,

9. CFTC--

Commodity Futures Trading

to the possible violation of any law or regulation

the BD, FCM, or IB-C shall immediately notify by

Commission

but whose reporting is not required by 31 CFR

telephone an appropriate law enforcement

10. CTA--

Commodity Trading Advisor

1023.320 or 1026.320. A voluntary filing does not

authority in addition to filing timely a SAR-SF. BDs,

11. CUSIP

-- Committee on Uniform Securities

relieve a BD, FCM or IB-C from the responsibility

FCMs, or IB-Cs wishing voluntarily to report

ID Procedures

of complying with any other reporting

suspicious transactions that may relate to terrorist

12. DEA--

Drug Enforcement Administration

requirements imposed by the Securities and

activity may call FinCEN’s Financial Institutions

13. DBA--

doing business as (entity)

Exchange Commission (SEC), the Commodity

Hotline at 1-866-556-3974 in addition to filing

14. EIN--

Employer Identification Number

Futures Trading Commission (CFTC), a self-

timely a SAR-SF. The BD, FCM, or IB-C may also,

15. EUREX-- European Exchange

regulatory organization (“SRO”) (as defined in

but is not required to, contact the SEC or the CFTC

16. FBI--

Federal Bureau of Investigation

section 3(a)(26) of the Securities Exchange Act

17. FCM--

Futures Commission Merchant

to report in such situations.

of 1934, 15 U.S.C. 78c (a)(26)), or any registered

18. IA--

Investment Adviser

futures association (RFA) or registered entity (RE)

19. IB-C--

Introducing Broker-Commodities

5. Exceptions. A BD, FCM, or IB-C is not

as these terms are defined in the Commodity

20. ICE--

Immigration & Customs Enforc.

Exchange Act (CEA) 7 U.S.C. 21 and 7 U.S.C.

required to file a SAR-SF to report:

21. IRS--

Internal Revenue Service

1a(29).

22. ITIN--

Individual taxpayer ID number

i. A robbery or burglary committed or attempted

23. ISID

International Securities ID

2. A transaction requires reporting if it is conducted

that is reported to appropriate law enforcement

Form 101a - Suspicious Activity Report Instructions

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