+--------+---+---------------------------------------------------------+---+
| # O    | # |                                                         | # |
|        | # |                                                         |   |
| ##     | # |                                                         |   |
|        | # |                                                         | # |
|        |   |                                                         |   |
|        | A |                                                         |   |
|        | L |                                                         | # |
|        | E |                                                         | # |
|        | R |                                                         |   |
|        | T |                                                         |   |
|        |   |                                                         |   |
|        | 2 |                                                         |   |
|        | 0 |                                                         |   |
|        | 0 |                                                         |   |
|        | 5 |                                                         |   |
|        | - |                                                         |   |
|        | 2 |                                                         |   |
+--------+---+---------------------------------------------------------+---+
|        | * |                                                         |   |
|        | * |                                                         |   |
|        | O |                                                         |   |
|        | C |                                                         |   |
|        | C |                                                         |   |
|        | A |                                                         |   |
|        | L |                                                         |   |
|        | E |                                                         |   |
|        | R |                                                         |   |
|        | T |                                                         |   |
|        | * |                                                         |   |
|        | * |                                                         |   |
+--------+---+---------------------------------------------------------+---+
| ## Com |   |                                                         |   |
| ptroll |   |                                                         |   |
| er of  |   |                                                         |   |
| the Cu |   |                                                         |   |
| rrency |   |                                                         |   |
|        |   |                                                         |   |
| > A    |   |                                                         |   |
| dminis |   |                                                         |   |
| trator |   |                                                         |   |
| > of   |   |                                                         |   |
| > Na   |   |                                                         |   |
| tional |   |                                                         |   |
| >      |   |                                                         |   |
|  Banks |   |                                                         |   |
+--------+---+---------------------------------------------------------+---+
| ## Su  |   | ## FinCEN's Web-based 314(a) Distribution System        |   |
| bject: |   |                                                         |   |
+--------+---+---------------------------------------------------------+---+

**TO:** Chief Executive Officers of All National Banks and All Federal
Branches of Foreign Banks; All State Banking Authorities; Chairman,
Board of Governors of the Federal Reserve System; Chairman, Federal
Deposit Insurance Corporation; Conference of State Bank Supervisors;
Deputy Comptrollers (districts); Assistant Deputy Comptrollers; District
Counsel and Examining Personnel

**Background**

Pursuant to section 314(a) of the USA PATRIOT Act, the Department of the
Treasury's Financial Crimes Enforcement Network (FinCEN) developed and
implemented an electronic system for law enforcement to request
information about suspected terrorists and money launderers from
financial institutions. Every two weeks, FinCEN has been distributing a
314(a) subject list by e-mail to financial institution points of contact
(POC) for this purpose. FinCEN compiled its 314(a) e-mail distribution
list from POC information contained in your institution's FFIEC Report
of Condition and Income (call report). *See* OCC Alert 2004-6, dated
March 2, 2004, at
([www.occ.treas.gov/altlst04.htm](http://www.occ.treas.gov/altlst04.htm)).

The purpose of this alert is to inform national banks and federal
branches that FinCEN plans to introduce a new, Web-based section 314(a)
delivery and reporting system during the month of February that should
be fully operational by March 1, 2005. Under this new system, FinCEN
will no longer send 314(a) subject lists by e-mail attachments. Instead,
the 314(a) subject lists will be available on a secure Web site operated
by FinCEN. POCs will go to the Web site (URL) on the Internet where they
will be able to locate the current 314(a) subject lists and download the
files in various formats for searching (*i.e.,* tab delineated, MS Word,
MS Excel, *etc*.). POCs will also be able to use this Internet site to
return positive and inconclusive hits to FinCEN. Those financial
institutions that currently receive the 314(a) subject lists by
facsimile will continue to receive them by facsimile.

FinCEN is currently in the process of testing this Web-based system
through a pilot program. FinCEN will send to randomly selected POCs an
e-mail requesting their participation in the pilot. POCs are not
required to participate in the pilot program, but participation is
encouraged, as it will provide POCs with an opportunity to become
familiarized with basic system navigation before it becomes mandatory.
Additional information from FinCEN concerning the pilot program is
attached.

For the February 2005 distributions, FinCEN will conduct "parallel
processing" and will send the 314(a) subject lists as e-mail attachments
as usual, and will also provide the Internet address (URL) for the
secure Web site along with an invitation for all POCs to register to
obtain access to the new system. Upon receipt of this invitation, all
POCs should promptly register to obtain access to the new system. Those
POCs that have been participating in the pilot will already be
registered and will not need to register again in February.

Beginning on March 1, 2005, FinCEN will no longer distribute the 314(a)
subject lists as e-mail attachments. Instead, the 314(a) subject lists
will be posted to the secure Web site every two weeks and financial
institutions will be required to access the Web site to obtain the lists
and conduct the searches within required time frames.

New 314(a) subject lists will be posted on the Web site by transmission
date every two weeks and will remain posted for a four-week period. The
two most recent 314(a) transmission dates will be available for download
on the Web site at any given time. Once a 314(a) transmission is
replaced, it will no longer be retrievable.

FinCEN will continue to send biweekly e-mails to the POCs. However, the
biweekly e-mails will simply notify users that new 314(a) subject lists
have been posted to the secure Web site and will no longer contain the
314(a) subject list attachments. As a result, the current e-mail
distribution process will continue to be used and maintained by FinCEN,
and changes and updates to your institution's 314(a) POC information
will continue to be required.

The process for making changes to your institution's POC information and
emergency contact information has not changed. Changes and updates to
your institution's POC and emergency contact information should continue
to be made by simply: (1) amending page three of your bank's call report
and filing the amended call report with the FDIC, (2) amending page two
of your federal branch's call report and filing the amended Call Report
with the appropriate Federal Reserve Bank, or (3) filing your quarterly
call report by the usual due date with the change reflected on page two
or three. Such changes and updates would include contact changes, phone
or fax number changes, and e-mail address changes. Sample call report
forms are available on the FFIEC's Web site (www.ffiec.gov), and the
following link on the FDIC's Web site contains a significant amount of
helpful call report information.
(www.fdic.gov/about/contact/ask/contactinformation.html#CallReports).

If you do not receive information from FinCEN concerning the new
Web-based delivery and reporting system during the month of February,
you should promptly contact FinCEN to obtain access to the Web site and
register. Contact information for FinCEN is as follows:

Financial Crimes Enforcement Network (FinCEN)

e-mail: sys314a@fincen.treas.gov

fax: (703) 905-3660

Telephone: FinCEN Regulatory Help Line at 1-800-949-2732

Be sure to include your institution's name, address, charter number,
phone number, and contact information on all written correspondence to
FinCEN.

##### Additional Information

Please direct any other inquiries concerning section 314(a) of the USA
PATRIOT Act to Jim Vivenzio, special assistant to the deputy chief
counsels by phone at (202) 874-5200.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Daniel P. Stipano

Acting Chief Counsel

Attachment: [Memorandum](http://www.occ.treas.gov/ftp/alert/2005-2a.pdf)
from FinCEN, dated January 9, 2005.