We have had an internal examiner state in "recommendations" the following:

Recommendation
The bank should ensure that a statement is included within each SAR filed to indicate the physical location where law enforcement can obtain the documentation supporting the SAR decision.

I have seen where Law Enforcement would like this to be noted in a SAR but I've never seen where you HAVE to state where it is located specifically in every SAR. Am I wrong or is this examiner just trying to find something to add to the list??

Since this is an internal examiner I would ask him where it is stated as the location is stated in the body of the SAR.

Your auditor has expressed a personal opinion; there is no such official requirement or even a suggestion to that effect.

The suggestion may be based on this excerpt from the SAR instructions:

Item 96 - Filing institution contact office: Enter the name of the filing institution contact office where additional information about the FinCEN SAR or supporting documentation can be requested.

The word "or" should not be overlooked nor should the fact that this instruction does not relate to the content of the narrative.

If yours is a super regional or even a regional organization, there might be some value to it. However, an LEA can obtain the same information simply by calling the phone number on the SAR and, personally, I would appreciate the "heads up" that would give me as opposed to being told they are in the lobby and want the documentation produced now.

I'm a big believer in responding to every audit comment, indicating to what extent I am going to incorporate the observation. In this case my official response would be: Naaaah.

SORRY - it was an EXTERNAL exam auditor not regulatory - private company.

Still.........

Ken - I love your responses - especially this one. Thanks!

Even for an external examiner, the response should be that there is no requirement and that the LEA can contact the name on the SAR for further information and additional documentation.

Don't worry -that will be exactly my comment - if I can't get them to remove this entirely from the final report.

Thanks!