CUI Category: Bank Secrecy
Banner Marking for Specified Authorities: CUI//SP-FSEC
Banner Marking for Basic Authorities: CUI
| Category Description: | Information that is provided to the government pursuant to the Bank Secrecy Act, including but not limited to, suspicious activity reports (SAR), currency transaction reports (CTR), reports of international transportation of currency or monetary instruments (CMIR), reports of cash payment over $10,000 received in trade or business, and reports of foreign bank and financial accounts (FBAR). Reports filed under the Bank Secrecy Act (BSA), codified in relevant part at 31 U.S.C. § 5311 et seq, are specifically exempt from disclosure under the Freedom of Information Act, codified at 5 U.S.C. § 552, and also may not be disclosed under any State, local, tribal, or territorial “freedom of information,” “open government,” or similar law. See 31 U.S.C. § 5319; 5 U.S.C. § 552(b)(3). These reports (BSA Reports), are maintained in a system of records containing information compiled for law enforcement investigative purposes that has been exempted from the access provisions of the Privacy Act in accordance with 5 U.S.C. §§ 552a(j)(2) and (k)(2). BSA Reports may only be re-disseminated in strict accordance with guidelines established by the Financial Crimes Enforcement Network (FinCEN), the Treasury bureau that administers the BSA. Suspicious Activity Reports, one of the types of required reports filed under the BSA, are required to be kept confidential in accordance with 31 U.S.C. § 5318(g)(2) and implementing regulations. To the extent information falling under the purview of the BSA is collected, accessed, or used for any Federal tax administration purpose, it is also subject to the confidentiality provisions of the Internal Revenue Code, codified at 26 U.S.C. § 6103. |
| Category Marking: | FSEC |
| Alternative Banner Marking for Basic Authorities: | CUI//FSEC |
How to Locate the Source Documents for CUI Authorities
| Safeguarding and/or Dissemination Authority | Basic or Specified |
Banner Marking | Sanctions |
|---|---|---|---|
| 31 USC 5318(g)(2)(A)(ii) | Specified | CUI//SP-FSEC | 31 USC 5321 Civil Penalties 31 USC 5322 Criminal Penalties 31 USC 5318(f) 26 USC 7213 26 USC 7213A 26 USC 7431 |
| 31 USC 5319 | Basic | CUI | 31 USC 5321 Civil Penalties 31 USC 5322 Criminal Penalties 31 USC 5318(f) 26 USC 7213 26 USC 7213A 26 USC 7431 |
| 31 CFR 1010.950 | Specified | CUI//SP-FSEC | 31 USC 5321 Civil Penalties 31 USC 5322 Criminal Penalties 31 USC 5318(f) 26 USC 7213 26 USC 7213A 26 USC 7431 |
| 26 USC 6103 | Specified | CUI//SP-FSEC | 31 USC 5321 Civil Penalties 31 USC 5322 Criminal Penalties 31 USC 5318(f) 26 USC 7213 26 USC 7213A 26 USC 7431 |
| 85 FR 85856 | Specified | CUI//SP-FSEC | 31 USC 5321 Civil Penalties 31 USC 5322 Criminal Penalties 31 USC 5318(f) 26 USC 7213 26 USC 7213A 26 USC 7431 |