[Federal Register Volume 67, Number 203 (Monday, October 21, 2002)]
[Notices]
[Pages 64697-64698]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26656]


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DEPARTMENT OF THE TREASURY


Treasury Order 180-01; Financial Crimes Enforcement Network

September 26, 2002.
    1. By virtue of the USA Patriot Act of 2001 (Pub. L. No. 107-56, 
Title III, Subtitle B, Section 361(a)(2), 115 Stat. 272, 329-332), and 
by the authority vested in me as Secretary of the Treasury, it is 
hereby ordered that the Financial Crimes Enforcement Network 
(``FinCEN'' or the Bureau'') is re-established as a bureau within the 
Department. The head of the Bureau is the Director, Financial Crimes 
Enforcement Network, who shall perform duties under the general 
supervision of the Secretary and under the direct supervision of the 
Under Secretary (Enforcement) or the designee of the Under Secretary.
    2. Mission. The mission of FinCEN shall be to fulfill the duties 
and powers assigned to the Director, Financial Crimes Enforcement 
Network, in the USA Patriot Act of 2001, codified in relevant part at 
31 U.S.C. 310(b), to support law enforcement efforts and foster 
interagency and global cooperation against domestic and international 
financial crimes, and to provide U.S. policy makers with strategic 
analyses of domestic and worldwide trends and patterns. FinCEN works 
toward those ends through information collection, analysis, and 
sharing, as well as technological assistance and innovative, cost-
effective implementation of the Bank Secrecy Act and other Treasury 
authorities assigned to FinCEN.
    3. Duties and Powers. In addition to the duties and powers 
established by the USA Patriot Act of 2001, codified in relevant part 
at 31 U.S.C. 310(b), the Director of FinCEN is authorized to issue 
regulations and perform other actions for the purposes of carrying out 
the functions, powers, and duties delegated to the Director. The 
Director is hereby delegated authority to:
    a. Take all necessary and appropriate actions to implement and 
administer the provisions of Titles I and II of Public Law 91-508, as 
amended, (the ``Bank Secrecy Act''), which is codified at 12 U.S.C. 
1829b, 12 U.S.C. 1951-59, and 31 U.S.C. 5311 et seq., including, but 
not limited to, the promulgation and amendment of regulations and the 
assessment of penalties;
    b. Exercise authority for enforcement of and compliance with the 
regulations at 31 CFR part 103 with respect to the activities of 
agencies exercising authority thereunder that has been redelegated to 
such agencies by FinCEN under paragraph 9 infra; and
    c. Design and implement programs of public outreach and 
communication to the financial community and the general public 
relating to the functions of the Bureau and the Department's efforts to 
prevent and detect money laundering and other financial crime.
    4. Authorities. The Director of FinCEN shall possess full 
authority, powers, and duties to administer the affairs of and to 
perform the functions of FinCEN, including, without limitation, all 
management and administrative authorities similarly granted to Bureau 
Heads or Heads of Bureaus in Treasury Orders and Treasury Directives. 
The Director shall also possess authority to request one or more other 
government agencies to provide administrative support to the Bureau, in 
the name of the Bureau and under policies adopted by the Director.
    5. Transfer of Records and Property. There shall be transferred to 
the Bureau such records and property to be determined by the Assistant 
Secretary (Management)/CFO, in consultation with the Under Secretary 
(Enforcement) and the Director, as are necessary or appropriate to 
carry out the purposes of this Order.
    6. Personnel. FinCEN's staff shall be comprised of Treasury 
Department employees as well as other personnel detailed to FinCEN.
    7. Chief Counsel. The Office of Chief Counsel of FinCEN shall be a 
part of the Legal Division, under the supervision of the General 
Counsel.
    8. Regulations.
    a. All regulations prescribed, all rules and instructions issued, 
and all forms adopted for the administration and enforcement of the 
Bank Secrecy Act, that were in effect or in use on the date of 
enactment of the USA Patriot Act of 2001, shall continue in effect as 
regulations, rules, instructions, and forms of the Bureau until 
superseded or revised.
    b. All regulations prescribed, all rules and instructions issued, 
and all forms adopted for the administration of FinCEN prior to it 
becoming a bureau, that were in effect or in use on the date of 
enactment of the USA Patriot Act of 2001, shall continue in effect as 
regulations, rules, instructions, and forms of the Bureau until 
superseded or revised.
    c. The terms ``Director, Financial Crimes Enforcement Network,'' 
``Director, Office of Financial Enforcement,'' and ``Assistant 
Secretary (Enforcement)'' wherever used in regulations, rules, 
instructions, and forms issued or adopted for the administration and 
enforcement of the Bank Secrecy Act that were in effect or in use on 
the date of enactment of the USA Patriot Act of 2001, shall be held to 
mean the Director of FinCEN.
    d. All regulations issued or amended by the Director of FinCEN 
shall be subject to approval by the Under Secretary (Enforcement) or a 
designee of the Under Secretary. The issuance or amendment of 
regulations by the Director shall be subject to Treasury Directive 28-
01, Preparation and Review of Regulations.''
    9. Redelegation.
    a. The Director of FinCEN may redelegate any authority vested under 
this Order to an officer or employee of the Treasury Department, 
including its bureaus.
    b. The Director of FinCEN may redelegate any authority vested in 
the Director to an officer or employee of an agency other than the 
Treasury Department, when authorized by law.

[[Page 64698]]

    10. Ratification. Any action heretofore taken that is consistent 
with this Order is hereby affirmed and ratified.
    11. Other Bureaus' Authorities. This Order does not affect the 
authorities of the Commissioner of Customs and the Commissioner of 
Internal Revenue under Treasury Directive 15-23, ``Bank Secrecy Act--
U.S. Customs Service'' and Treasury Directive 15-41, ``Bank Secrecy 
Act--Internal Revenue Service,'' or under successor issuances to those 
Directives.
    12. Cancellations.
    a. Treasury Order 105-08, ``Establishment of the Financial Crimes 
Enforcement Network'', dated April 25, 1990, is superseded.
    b. Treasury Directive 15-01, ``Bank Secrecy Act Regulations,'' 
dated December 1, 1992, is canceled;
    c. The ``Delegation of Authority to the Director of the Financial 
Crimes Enforcement Network,'' signed by the Assistant Secretary 
(Enforcement), dated May 13, 1994, is canceled;
    d. All existing Treasury Orders and Directives shall be read in a 
manner that is consistent with FinCEN's status as a bureau and the 
authorities vested in the Director of FinCEN as described in this 
Order.
    13. Authorities.
    a. Public Law 107-56, Uniting and Strengthening America by 
Providing Appropriate Tools Required to Intercept and Obstruct 
Terrorism (USA PATRIOT Act) Act of 2001, October 26, 2001, Pub. L. 107-
56, Title III, Subtitle B, Section 361(a)(2), 115 Stat. 272, 329-332, 
codified in relevant part at 31 U.S.C. 310(b).
    b. 31 U.S.C. 321(b).
    14. Office of Primary Interest. Director, Financial Crimes 
Enforcement Network.

Paul H. O'Neill,
Secretary of the Treasury.
[FR Doc. 02-26656 Filed 10-18-02; 8:45 am]
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