Alert 2005-2  
ALERT  

Subject:  FinCEN's Web-based 314(a) Distribution System

Date:     January 14, 2005

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).

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#CallRepor
ts).

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 from FinCEN, dated January 9, 2005.
             [http://www.occ.treas.gov/ftp/Alert/2005-2.pdf]