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Sec. 1010.821 Penalty adjustment and table.

Revised February 19, 2020.

(a) Inflation adjustments. In accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990, 28 U.S.C. 2461 note, (“FCPIA Act”), as further amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, FinCEN has set forth in paragraph (b) of this section adjusted maximum penalty amounts for each civil monetary penalty provided by law within its jurisdiction that is subject to the FCPIA Act. The adjusted civil monetary penalty amounts replace the amounts published in the statutes authorizing the assessment of penalties.

(b) Maximum civil monetary penalties. The statutory penalty provisions and their adjusted maximum amounts or range of minimum and maximum amounts are set out in Table 1. The last column in the table provides the newly effective maximum penalty amounts or range of minimum and maximum amounts. These maximum penalty amounts do not, however, limit the total amount of a penalty in the case of a penalty that may be imposed for each day a violation continues.

Table 1 of § 1010.821 - Penalty Adjustment and Table
U.S. Code Citation Civil monetary penalty description          Penalties as last amended by statute New Maximum Penalty Amounts or Range of Minimum and Maximum Penalty Amounts for penalties assessed on or after 2/19/2020
12 U.S.C. 1829(j) Relating to Recordkeeping Violations for Funds Transfers $10,000 $21,410
12 U.S.C. 1955 Willful or Grossly Negligent Recordkeeping Violations $10,000 $21,210
31 U.S.C. 5318(k)(3)(C) Failure to Terminate Correspondent Relationship with Foreign Bank $10,000 $14,482
31 U.S.C. 5321(a)(1) General Civil Penalty Provision for Willful Violations of Banks Secrecy Act Requirements $25,000 - $100,000 $58,328 - $233,313
31 U.S.C. 5321(a)(5)(B)(i) Foreign Financial Agency Transaction -- Non-Willful Violation of Transaction $10,000 $13,481
31 U.S.C. 5321(a)(5)(C)(i)(I) Foreign Financial Agency Transaction -- Willful Violation of Transaction $100,000 $134,806
31 U.S.C. 5321(a)(6)(A) Negligent Violation by Financial Institution or Non-Financial Trade or Business $500 $1,166
31 U.S.C. 5321(a)(6)(B) Pattern of Negligent Activity by Financial Institution or Non-Financial Trade or Business $50,000 $90,743
31 U.S.C. 5321(a)(7) Violation of Certain Due Diligence Requirements, Prohibition on Correspondent Accounts for Shell Banks, and Special Measures $1,000,000 $1,448,191
31 U.S.C. 5330(e) Civil Penalty for Failure to Register as Money Transmitting Business $5,000 $8,606

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