If a consumer wires money to a business he owns, clearly business purpose wire, do we have to include that in our stay under 100 count for consumer wires?
I read the CFPB Small Entity Guide and I think we don't have to.

I assume the business he owns is in a foreign country?

Sorry, yes! At least this is what we are told, that he owns this business.

Do you not ask the sender the purpose of such transfers. I don't think you want to be in the guessing game. An investment in his foreign business is not necessarily business purpose as it would be most likely deemed a personal investment.

1005.30(g), Comment 2: For transfers from an account that was established primarily for personal, family, or household purposes, a remittance transfer provider may generally deem that the transfer is requested primarily for personal, family, or household purposes and the consumer is therefore a “sender” under § 1005.30(g). But if the consumer indicates that he or she is requesting the transfer primarily for other purposes, such as business or commercial purposes, then the consumer is not a sender under § 1005.30(g), even if the consumer is requesting the transfer from an account that is used primarily for personal, family, or household purposes.

At this time we do not ask purpose for wires. I have recommended this be done but I just started at this bank recently.

I'm actually concerned this guy is getting scammed. He owns a successful restaurant in a small town, but his 'business' is oil and gas exploration in Mexico. We do not have any details about his 'ownership' of this business. I have sent the branch manager a list of due diligence questions I would like to see the answers to.

So, bottom line, we would need to know if these wires constitute investment in the business in order to determine if they have to be counted in our remittance totals.

An investment in a business is a personal purpose in my book. Just count it and be done with it.

Due diligence is a BSA/AML issue.

Yes, I understand that we will need to count the wire in the absence of proper due diligence information. Thank you!