Scenario: Customer takes $9500 cash from branch location. Same day the get $800 cash at a non-bank ATM.
Does that require a CTR filing?

Yes.

I guess that's coming from the Exam Manual?? I don't see that in the CTR FAQs.

The point is that if the bank is aware of the two transactions on the same business day, it's reportable.

FinCEN CTR Electronic Filing Instructions:

NOTE: If the information entered into Part IV is the same for Part III check the box and complete Parts I and II. Each FinCEN CTR filed may have up to 999 Part III’s. Prepare a separate Part III section for each transaction location involved in the currency transaction(s). Include the amount transacted at each Part III location in Item 41 “Dollar amount of item 25 Total cash in transacted at this location” and/or Item 42 “Dollar amount of item 27 Total cash out transacted at this location.” A transaction location (such as an office or ATM, for example) may be owned or operated by the reporting financial institution required to file the FinCEN CTR or by another financial institution involved in the transaction(s) through a shared branching or other contractual agreement. Critical fields, denoted by an asterisk (*) in front of the item number, must be completed by providing the data associated with that item. All other items must be completed when data are known but will be left blank when data are unknown or do not apply.

My struggle to put this into practice is my reports and monitoring system picking up these transactions. These foreign ATM transaction may post today, but they actually were transacted yesterday. In my scenario above, the in-branch cash withdrawal may have occurred yesterday. My reports and software don't recognize those transactions as an aggregated CTR.

The aggregation requirements are based on business day so transactions that occurred after an ATM cutoff time yesterday would be aggregated for today's business, not yesterday's.

Food for thought. Don't include the non-proprietary ATM transactions on your CTR.

According to FinCEN's CTR Instructions (https://bsaefiling.fincen.treas.gov/docs/XMLUserGuide_FinCENCTR.pdf):

1. Cash transactions conducted at an ATM are reportable by the owner of the ATM (which is not your bank, presumably) and,
2. A transaction location is defined as being owned or operated by the reporting financial OR by another financial institution through other contractual agreement. (again, presumably your bank does not own this ATM through another contractual agreement).

While I understand that §1010.311 obliges each financial institution file a report of each deposit, withdrawal, exchange of currency or other payment or transfer, by, through, or to such financial institution which involves a transaction in currency of more than $10,000, (bbb)(2) defines a “transaction in currency” as a transaction involving the physical transfer of currency from one person to another”. It’s hard to argue an ATM transaction, let alone a non-proprietary one, is at all that.

As an aside, I’d point out that nowhere is it stated in §1010.312 Identification required that we need an SSN for the conductor of a transaction (if they’re not also the beneficiary), but we get it because that’s what FinCEN says we’re supposed to do. Ignoring non-proprietary ATM transactions for CTR purposes seems to me to be doing what FinCEN says.

mleu, I want to agree with you, but I asked FinCEN as well after I got BrianC's original response I emailed FinCEN.

I trust BrianC to be correct, but I was hoping he was wrong on this one.

FinCEN stated they expect a CTR to be filed in the scenario in the original post. They admitted some banks have difficulties with their systems identifying and aggregating these transactions and others do not. They instructed me to file 2 part III's and check unknown for the 2nd institution as needed/appropriate.

FinCEN also referred me to the FinCEN CTR e-filing requirements just as BrianC did.

Congratualtions BrianC!. You think like FinCEN.

If I were Brian, I'd be insulted!

The instructions for completion of the CTR expand upon those found in the regulation itself. When you complete the CTR, the instructions are what you should be following.

Older thread but having issues filling out the Part III for the ATM owner (not us). Some of the critical fields are not known. Do I enter "unknown" in those. The transactions were done at an ATM inside a casino. So far I have: #38 Other - ATM, #29 - Unknown, #30 - Unknown. Doesn't seem correct... Our system does report these foreign ATM transactions but I can only get so much info. Thanks!

If you don't know the information requested and "unknown" is a valid response, use it. Just be sure you include whatever requested information you DO have.

Thank you!