Anti-Money Laundering Compliance

Regulatory status current as of June 2026 — verify effective dates, dollar thresholds, and pending rulemakings against current SEC/FINRA/FinCEN sources before advising.

Core Concepts

BSA Framework — Key Hooks

The operative statutes and authorities: the Bank Secrecy Act (31 U.S.C. §§ 5311–5332) as expanded by the USA PATRIOT Act (2001), which added enhanced due diligence requirements, information-sharing provisions (Sections 314(a) and 314(b)), and the written AML program requirement. FinCEN, a bureau of the U.S. Treasury, administers the BSA, issues implementing rules (31 CFR Chapter X), and collects CTRs and SARs.

FINRA Rule 3310 — AML Compliance Program

FINRA Rule 3310 requires every FINRA member firm to establish and implement a written AML compliance program that includes four pillars:

1. Written procedures — Policies and procedures reasonably designed to detect and cause the reporting of suspicious activity. Must be tailored to the firm's business model, products, customer types, and geographic exposure.
2. Designated AML Compliance Officer (AMLCO) — A qualified individual responsible for day-to-day AML oversight. The AMLCO must be identified by name and title in the firm's written procedures and registered with FINRA. The AMLCO must have sufficient authority, resources, and expertise.
3. Independent testing (audit) — The AML program must be tested independently at least every calendar year (or every two years if the firm does not execute transactions or hold customer funds/securities). Testing may be performed by qualified internal personnel not involved in the AML program or by an outside party.
4. Ongoing training — All relevant personnel must receive AML training appropriate to their responsibilities. Training must cover applicable BSA/AML regulations, the firm's own policies, red flags, and how to escalate suspicious activity. Training frequency and content should be documented.

Currency Transaction Reports (CTRs)

Financial institutions must file FinCEN Form 112 (CTR) for each cash transaction exceeding $10,000 in a single business day (31 CFR § 1010.311). Key rules: