Compliance Outlook

Bank Secrecy Act

Marijuana Businesses

BSA and Marijuana Related BusinessFinCEN Director Jennifer Shasky Calvery stated:

“Now that some states have elected to legalize and regulate the marijuana trade, FinCEN seeks to move from the shadows the historically covert financial operations of marijuana businesses, our guidance provides financial institutions with clarity on what they must do if they are going to provide financial services to marijuana businesses and what reporting will assist law enforcement.”

States Allowing Sale of Marijuana (In Some Form)

AlaskaArizonaCaliforniaColoradoConnecticutDelawareHawaiiIllinoisMaineMassachusetts

Michigan

MontanaNevadaNew HampshireNew MexicoOregonRhode IslandVermontWashingtonWashington DC

BSA and Marijuana Related Business

Five US states enacted laws that legalized medical marijuana with a physician's prescription:

Maryland also passed a law favorable to marijuana; however, it does not legalize its use.

ConnecticutLouisianaNew Hampshire

VirginiaWisconsin

BSA and Marijuana Related Business

The decision to open, close, or refuse any particular account or relationship should be made while considering a number of factors including the businesses objectives, an evaluation of the risks associated with offering a particular product or service.

BSA and Marijuana Related Business

Member Due Diligence Verifying the business is duly licensed and registered; Reviewing the license application to operate marijuana-related

business; Requesting from state licensing and enforcement authorities

available information about the business and related parties; Developing an understanding of the normal and expected

activity; Ongoing monitoring of publicly available sources for adverse

information about the business and related parties; Ongoing monitoring for suspicious activity; and Refreshing information obtained as part of member due

diligence.

BSA and Marijuana Related Business

Cole Memo Priorities Prevention• Distribution of marijuana to minors; • Revenue from the sale of marijuana from going to criminal

enterprises; • Diversion of marijuana from states where it is legal under

state law to other states; • State-authorized marijuana activity from being used as a

cover;• Violence and the use of firearms in the distribution of

marijuana; • Drugged driving and other adverse public health

consequences; • Growing of marijuana on public lands; and • Marijuana possession or use on federal property.

BSA and Marijuana Related Business

The credit union is required to file a SAR if, consistent with FinCEN regulations, it knows, suspects, or has reason to suspect that a transaction conducted or attempted by, at, or through the financial institution:

• Involves funds derived from illegal activity or is an attempt to disguise funds derived from illegal activity;

• Is designed to evade regulations promulgated under the BSA, or • Lacks a business or apparent lawful purpose.

BSA and Marijuana Related Business

Marijuana Limited SAR

Identifying information of the subject and related parties;

Addresses of the subject and related parties;

The fact that the filing institution is filing the SAR solely because the subject is engaged in a Marijuana-Related business; and

The fact that no additional suspicious activity has been identified.

BSA and Marijuana Related Business

Marijuana Priority SAR

Identifying information of the subject and related parties;

Addresses of the subject and related parties;

Details regarding the enforcement priorities the financial institution believes have been implicated; and

Dates, amounts, and other relevant details of financial transactions involved in the suspicious activity.

BSA and Marijuana Related Business

Marijuana Termination SAR

If a credit union deems it necessary to terminate a relationship with a Marijuana-Related business in order to maintain an effective anti-money laundering compliance program, it will file a SAR and note in the narrative the basis for the termination.

BSA and Marijuana Related Business

Thank you for joining me for this review of the FinCEN’s BSA Requirements

Stay Tuned…Shawn Wolbert, CIA, CUCEDirector CU System Relations

101 S. Washington Square, Suite 900Lansing, MI 48933-1703(800) 262-6285 Ext. 486(734) 658-5427 MobileFollow me on Twitter – Shawn Wolbert @ Go2CUGuru