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BSA/AML Examination Manual - ffiec

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Foreign Bank and Financial Accounts Reporting — Overview<br />

Foreign Bank and Financial Accounts<br />

Reporting — Overview<br />

Objective. Assess the bank’s compliance with statutory and regulatory requirements for<br />

the reporting of foreign bank and financial accounts.<br />

Each person 119 (including a bank) subject to U.S. jurisdiction with a financial interest in,<br />

or signature authority over, a bank, a securities, or any other financial account in a<br />

foreign country must file a Report of Foreign Bank and Financial Accounts (FBAR) with<br />

the Internal Revenue Service (IRS) (TD F 90-22.1) if the aggregate value of these<br />

financial accounts exceeds $10,000 at any time during the calendar year. A bank must<br />

file this form on its own accounts that meet this definition; the bank may be obligated to<br />

file these forms for customer accounts in which the bank has a financial interest or over<br />

which it has signature authority.<br />

An FBAR must be filed with the commissioner of the IRS on or before June 30 of each<br />

calendar year for foreign financial accounts exceeding $10,000 maintained at any time<br />

during the previous calendar year.<br />

119 As defined in 31 CFR 103.11(z), the term “person” means an individual, a corporation, a partnership, a<br />

trust or estate, a joint stock company, an association, a syndicate, joint venture or other unincorporated<br />

organization or group, an Indian Tribe (as that term is defined in the Indian Gaming Regulatory Act), and<br />

all entities cognizable as legal personalities.<br />

FFIEC <strong>BSA</strong>/<strong>AML</strong> <strong>Examination</strong> <strong>Manual</strong> 132 8/24/2007

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