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#480792 - 01/10/06 09:54 PM 314a Record Retention
Maya Offline
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Joined: Jan 2005
Posts: 154
South Carolina
Our BSA policy states that all 314a requests and any related information will be kept for 5 years in accordance with general BSA guidelines. Somewhere I thought I read that this information was not to be retained in a bank file after research was completed and all that is required is that a bank must be able to shown that it has proper procedures in place regarding the research of these requests. Is there any required retention period for these records or are they not to be retained?

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#480793 - 01/10/06 10:24 PM Re: 314a Record Retention
devsfan Offline
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Joined: Jun 2004
Posts: 1,927
NYC
You are not required to keep the actual names included in the 314a requests but you do need evidence that you performed the searches.

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#480794 - 01/10/06 10:37 PM Re: 314a Record Retention
Maya Offline
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Joined: Jan 2005
Posts: 154
South Carolina
What would you consider to be "evidence"?

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#480795 - 01/10/06 10:46 PM Re: 314a Record Retention
SAR CZAR Offline
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SAR CZAR
Joined: Nov 2003
Posts: 11
Minneapolis, MN
"Evidence" is in the eye of the beholder. If you issue a memo to a business line to search their records for a 314a suspect and you document the results of that search, I would consider that "evidence". I would imagine that your bank's auditors would rely on the same documentation to determine your bank's compliance with 314a.

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#480796 - 01/11/06 03:50 AM Re: 314a Record Retention
Princess Romeo Offline

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Princess Romeo
Joined: Jun 2001
Posts: 8,272
Where the heart is
What I have seen is banks that keep the reference number and date of the request, the communication regarding the search, and any reports, including "NIL" reports for the names that are associated with that reference number.

Here's a checklist that's on Bankers Tools:
http://www.bankersonline.com/tools/compliance/314checklist.html
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#480797 - 01/11/06 01:25 PM Re: 314a Record Retention
Creditcopper Offline
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Creditcopper
Joined: Sep 2004
Posts: 203
Michigan
Quote:

You are not required to keep the actual names included in the 314a requests but you do need evidence that you performed the searches.




This is exactly what we are doing - during our 2005 BSA exam by the FDIC, our examiner told us that we are really not supposed to keep the names listed in the 314a request, only a log of performing the inquiry. That is a simple task to do and document
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#480798 - 01/11/06 03:55 PM Re: 314a Record Retention
BrendaC Offline
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BrendaC
Joined: Sep 2001
Posts: 6,029
Sweet Home AL
We maintain evidence in a log form as well. The log contains each dept with verification responsibilities and documents the date the dept confirmed completion of the review and name of person responding for the dept.
Retail [x] No Match mm/dd/yy John Smith
Trust [x] No Match mm/dd/yy Jane Doe
etc

We also make notes as to any slackers and retraining efforts. Our regulators like the detail and we can easily document that we are meeting required deadlines.
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