§ 1022.410 Additional records to be made and retained by dealers in foreign exchange. ( a ) ( 1 ) After July 7, 1987, each dealer in foreign exchange shall secure and maintain a record of the taxpayer identification number of each person for whom a transaction account is opened or a line of credit is extended within 30 days after such account is opened or credit line extended. Where a person is a non-resident alien, the dealer in foreign exchange shall also record the person's passport number or a description of some other government document used to verify his identity. Where the account or credit line is in the names of two or more persons, the dealer in foreign exchange shall secure the taxpayer identification number of a person having a financial interest in the account or credit line. In the event that a dealer in foreign exchange has been unable to secure the identification required within the 30-day period specified, it shall nevertheless not be deemed to be in violation of this section if: ( i ) It has made a reasonable effort to secure such identification, and
( ii ) It maintains a list containing the names, addresses, and account or credit line numbers of those persons from whom it has been unable to secure such identification, and makes the names, addresses, and account or credit line numbers of those persons available to the Secretary as directed by him.
( 2 ) The 30-day period provided for in paragraph (a)(1) of this section shall be extended where the person opening the account or credit line has applied for a taxpayer identification or social security number on Form SS-4 or SS-5, until such time as the person maintaining the account or credit line has had a reasonable opportunity to secure such number and furnish it to the dealer in foreign exchange.
( 3 ) A taxpayer identification number for an account or credit line required under paragraph (a)(1) of this section need not be secured in the following instances: ( i ) Accounts for public funds opened by agencies and instrumentalities of Federal, state, local or foreign governments,
( ii ) Accounts for aliens who are— ( A ) Ambassadors, ministers, career diplomatic or consular officers, or
( B ) Naval, military or other attaches of foreign embassies, and legations, and for members of their immediate families,
( iii ) Accounts for aliens who are accredited representatives to international organizations which are entitled to enjoy privileges, exemptions, and immunities as an international organization under the International Organizations Immunities Act of December 29, 1945 (22 U.S.C. 288), and for the members of their immediate families,
( iv ) Aliens temporarily residing in the United States for a period not to exceed 180 days,
( v ) Aliens not engaged in a trade or business in the United States who are attending a recognized college or any training program, supervised or conducted by any agency of the Federal Government, and
( vi ) Unincorporated subordinate units of a tax exempt central organization which are covered by a group exemption letter.
( b ) Each dealer in foreign exchange shall retain either the original or a microfilm or other copy or reproduction of each of the following: ( 1 ) Statements of accounts from banks, including paid checks, charges or other debit entry memoranda, deposit slips and other credit memoranda representing the entries reflected on such statements;
( 2 ) Daily work records, including purchase and sales slips or other memoranda needed to identify and reconstruct currency transactions with customers and foreign banks;
( 3 ) A record of each exchange of currency involving transactions in excess of $1000, including the name and address of the customer (and passport number or taxpayer identification number unless received by mail or common carrier) date and amount of the transaction and currency name, country, and total amount of each foreign currency;
( 4 ) Signature cards or other documents evidencing signature authority over each deposit or security account, containing the name of the depositor, street address, taxpayer identification number (TIN) or employer identification number (EIN) and the signature of the depositor or of a person authorized to sign on the account (if customer accounts are maintained in a code name, a record of the actual owner of the account);
( 5 ) Each item, including checks, drafts, or transfers of credit, of more than $10,000 remitted or transferred to a person, account or place outside the United States;
( 6 ) A record of each receipt of currency, other monetary instruments, investment securities and checks, and of each transfer of funds or credit, or more than $10,000 received on any one occasion directly and not through a domestic financial institution, from any person, account or place outside the United States;
( 7 ) Records prepared or received by a dealer in the ordinary course of business, that would be needed to reconstruct an account and trace a check in excess of $100 deposited in such account through its internal recordkeeping system to its depository institution, or to supply a description of a deposited check in excess of $100;
( 8 ) A record maintaining the name, address and taxpayer identification number, if available, of any person presenting a certificate of deposit for payment, as well as a description of the instrument and date of transaction;
( 9 ) A system of books and records that will enable the dealer in foreign exchange to prepare an accurate balance sheet and income statement.
( c ) This section does not apply to banks that offer services in dealing or changing currency to their customers as an adjunct to their regular service.
[75 FR 65812, Oct. 26, 2010, as amended at 76 FR 43597, July 21, 2011]