JOINT STATEMENT ON SUSPICIOUS ACTIVITY REPORT CONFIDENTIALITY CONSIDERATIONS REGARDING COMMUNICATIONS WITH CUSTOMERS
The following information was released by the
Background
On
This joint statement also recognizes the concerns expressed in Executive Order 14331, Guaranteeing Fair Banking for All Americans.3 By facilitating improved transparency over bank actions with respect to customer accounts, the Agencies intend for this statement to enhance customer engagement and provide customers with greater assurance that their banks and credit unions will provide them with fair access to financial services.
SAR Confidentiality
SAR confidentiality is a statutory and regulatory requirement that helps to ensure that SAR information is disclosed only for appropriate purposes.
The BSA prohibits the disclosure of a SAR or information that would reveal the existence of a SAR, including to a customer or other person who is the subject of the
However, under FinCENs implementing regulation for SAR confidentiality, a SAR or any information that would reveal the existence of a SAR does not include the underlying facts, transactions, and documents upon which a SAR is based.5
Accordingly, the BSA and its implementing regulations do not prohibit banks and credit unions from communicating with a customer or other person who is the subject of a SAR or with other third parties, including other banks or credit unions, about potentially fraudulent or other suspicious transactions involving the customers account or notifying the customer of the banks or credit unions intention to close the account for potentially fraudulent or other suspicious activity, so long as that communication does not reveal the existence of a
Examples of Communication with a Bank Customer Typically Not Prohibited by the BSA
In general, banks and credit unions should consider customer communication on a case-by-case basis and take precautions when discussing information that could reveal the existence of a SAR. For example, banks and credit unions could discuss the transaction(s) in question and concerns thereof, the banks or credit unions remediation efforts, and what potential mitigation steps are available to the customer. Below is a non-exhaustive list of communications that would not typically reveal the existence of a SAR.
Requesting customer due diligence-related information or documentation to understand the nature and purpose of customer relationships for the purpose of developing a customer risk profile;
Notifying a customer that a delay, limitation, or restriction on an account or service or closure of an account may be related to suspected fraud or other suspicious activity;
Notifying a customer that a deposit has been rejected because of suspected fraud or other suspicious activity, for example, in the context of altered or counterfeit checks;
Asking a customer about the purpose of a transaction or the source of funds;
Providing warnings or educational resources to a customer about fraud schemes or typologies, including circumstances where a customer may be defrauded or a customer may be participating, knowingly or unknowingly in a fraud scheme, such as providing information about known money mule schemes or typologies;8
Communicating policies or decisions related to account maintenance or services, such as declining a transaction or closing an account; or
Requesting information on the originator or beneficiary of a funds transfer.
Conclusion
The BSA and its implementing regulations do not prohibit banks or credit unions from communicating with a customer or other person who may be the subject of a SAR about potentially fraudulent or other suspicious transactions involving the customers account or notifying the customer of the banks or credit unions intention to close the account for potentially fraudulent or other suspicious activity, so long as that communication does not reveal the existence of a SAR.
1Under FinCENs regulations implementing the Bank Secrecy Act (BSA), the term bank is defined in 31 CFR 1010.100(d) and includes each agent, agency, branch, or office within
2See
3See 90 FR 38925 (
4FinCENs regulations implementing the BSA, and the Agencies SAR regulations, prohibit sharing a SAR or any information that would reveal the existence of a SAR except as permitted by statute or regulations. See, e.g., 31 U.S.C. 5318(g)(2)(A); 31 C.F.R. 1020.320(e) (FinCEN); 12 C.F.R. 208.62(j) (
531 C.F.R. 1020.320(e)(1)(ii)(A)(2); see also FinCEN, Confidentiality of Suspicious Activity Reports Final Rule, 75 FR 75593, 75598 (
631 C.F.R. 1020.320(e)(1)(ii).
7See FinCEN, FIN-2025-G001 Cross-Border Information Sharing by Financial Institutions and SAR Confidentiality (
8Money mules refer to persons and their accounts that are used to receive and transfer illegally acquired funds, generally on behalf of or at the direction of another and can be witting or unwitting. Examples of information resources include the following: FinCEN Financial Trend Analysis, Elder Financial Exploitation: Threat Pattern and Trend Information,


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