MOU FINCEN ELECTRONIC ACCESS TO DATA.PDF
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BSA Access MOU – FinCEN and the Maricopa County Sheriff's Office (Arizona)
2025
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Bank Secrecy Act Access Memorandum of Understanding Between
the Financial Crimes Enforcement Network
and the Maricopa County Sheriff's Office (Arizona)
This Memorandum of Understanding (MOU) is between the Financial Crimes
Enforcement Network (FinCEN), a bureau within the U.S. Department of the Treasury, and the
Maricopa County Sheriff's Office (Arizona) (Agency). This MOU states the terms under which
the Agency may obtain direct electronic access to information collected pursuant to the reporting
authority contained in the Bank Secrecy Act (BSA), codified at 12 U.S.C. § 1829b, 12 U.S.C
§§ 1951-1960, and 31 U.S.C. §§ 310, 5311-5314, 5316-5336, and including notes thereto, with
implementing regulations at 31 C.F.R. Chapter X. This MOU includes and incorporates by
reference the following documents, which, as set forth herein, may be periodically updated with
notice to the Agency: (1) Re-Dissemination Protocols for Bank Secrecy Act Information,
included as Attachment A (Re-Dissemination Protocols); and (2) the Information Access
Security Protocols for Bank Secrecy Act Information, included as Attachment B (Security
Protocols), collectively the “Protocols.” To the extent that FinCEN and the Agency have entered
into previous BSA access agreements, this MOU and accompanying Protocols supersede any and
all such agreements including the most recent version of their attachments.
(1)
Definitions: For purposes of this MOU, the definitions set forth below apply.
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(A)
Authorized Personnel: All individuals who have been granted access to
FinCEN BSA Systems to conduct authorized queries pursuant to this MOU.
Consistent with the requirements set forth in the Security Protocols, Authorized
Personnel must be: (1) designated employees of the Agency; or (2) contractors
under the supervision of a designated employee of the Agency.
(B)
Agency Coordinator: The individual Point of Contact (POC) who
represents their Agency in their obligations as specified in this MOU and the
Protocols.
(C)
FinCEN BSA Systems: The systems through which FinCEN may provide
access to the Agency for searching and obtaining BSA Information, as defined in
this MOU. For purposes of this MOU, this includes FinCEN Query and any
successor to the FinCEN Query System, as well as any other system used to
access BSA Information.
(D)
Subject: Any person, entity, or transaction that is the basis for a query of
the FinCEN BSA Systems system.
(E)
BSA Information:1 Information protected under the BSA, including the
following:
(a)
Suspicious Activity Reports (SARs);
(b)
Currency Transaction Reports (CTRs);
(c)
Reports of Foreign Bank and Financial Accounts (FBARs);
(d)
Reports of International Transportation of Currency or Monetary
Instruments (CMIRs);
1 This MOU does not cover beneficial ownership information reported to FinCEN pursuant to 31 U.S.C. § 5336.
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(e)
Form 8300 Reports of Cash Payments over $10,000 Filed by a
Trade or Business (Form 8300s);
(f)
Information provided in response to any Geographic Targeting
Order (GTO);
(g)
Registration forms filed by money services businesses (MSB
Registration Forms);
(h)
Forms completed by banks to designate certain persons as exempt
from CTR reporting (DOEP Forms);
(i)
Any other information filed with, or obtained by, FinCEN pursuant
to its authority under the BSA which FinCEN may make available; and
(j)
Any other information concerning whether any particular person,
entity, or transaction is named or referred to in any report filed under the
BSA, including the type of form filed, whether the information is a null
set, and all query results.
(2)
Access to BSA Information. This MOU applies to any access of BSA
Information, including whether by examination of screen displays, download to an Agency
system, transfer to any electronic or physical media, or otherwise directly through FinCEN BSA
Systems. The Agency must designate an Agency Coordinator and provide that individual’s
contact information to FinCEN.
(3)
Safeguarding of BSA Information; Unauthorized Disclosures. The safeguarding
of BSA Information is critically important, and FinCEN takes this responsibility seriously. In
making BSA Information available to the Agency, FinCEN is relying upon the Agency’s
commitment to safeguard BSA Information. By signing this MOU, the Agency expressly agrees
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to safeguard BSA Information made available to the Agency. The Agency expressly agrees to
report any unauthorized disclosure of BSA Information to FinCEN immediately. The
unauthorized disclosure of SARs, including information that would reveal the existence of a
SAR, can be a crime, and FinCEN refers such matters to the Treasury Department’s Office of
Inspector General. Given the vital importance of safeguarding BSA Information, the Agency
expressly agrees to cooperate in any inquiries from FinCEN, the Treasury Department, or
relevant law enforcement authorities involving potential unauthorized disclosures of BSA
Information, including by providing any information that FinCEN, the Treasury Department, or
relevant law enforcement authorities deem necessary to investigate a potential unauthorized
disclosure of BSA Information.
(4)
Limitations on Access to BSA Information. Authorized Personnel, acting on
behalf of the Agency (including in the Agency’s capacity as a participant in a multiagency task
force), may make direct electronic queries to retrieve BSA Information from FinCEN BSA
Systems:
(A)
Solely consistent with the legal authority of the Agency; and
(B)
Solely for the following purposes: identification, investigation, or
prosecution of possible or actual violations of criminal law that fall within the
investigative or prosecutorial jurisdiction of the Agency, including related
proceedings such as civil and criminal forfeiture proceedings.
(C)
Limited in scope: BSA Information they obtain through FinCEN BSA
Systems should be limited to that BSA Information which is immediately useful
in connection with the specific matter prompting the query and narrowing any
query as much as possible based on reasonably available information.
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(5)
Limitations on Retention of Queried BSA Information. The Agency and
Authorized Personnel will make best efforts to retain only that BSA Information that is
immediately useful in connection with the specific matter prompting the query through which the
BSA Information was obtained, and consistent with applicable law enforcement requirements.
The Agency and Authorized Personnel will promptly destroy any and all data, documents, or
summaries which contain BSA Information that it has obtained, stored, or generated that is not
immediately useful in connection with the specific matter prompting the query.
(6)
Limitations on Use of Queried BSA Information. Authorized Personnel may
retain and use BSA Information if it continues to be consistent with the Agency’s legal authority;
and for the identification, investigation, or prosecution of possible or actual violations of
criminal law that fall within the investigative or prosecutorial jurisdiction of the Agency,
including related proceedings such as civil and criminal forfeiture proceedings.
(7)
Limitations on Copying and Storing BSA Information. The Agency and
Authorized Personnel will make best efforts to obtain advance approval from FinCEN before
copying BSA Information into a format that can be accessed outside of FinCEN BSA Systems,
when such copy will contain or consist of 5000 or more unique reports covered by Section 1, or
substantially all of the information contained in such reports. Any such copies of BSA
Information will be stored and maintained solely on a secure government system (or equivalent).
The approval described herein is required whether such copy is an electronic file containing
images of the reports, an electronic file containing BSA Information in spreadsheet form, a
printed document, or a copy in any other format or medium. In the event of exigent
circumstances preventing the Agency from obtaining prior approval, the Agency shall notify
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FinCEN before the end of the first business day after the copying of records as described in this
paragraph. Notwithstanding the foregoing, the following conditions apply:
(A)
The Agency will not use BSA Information to develop or contribute to
any database not under the control of FinCEN that Agency personnel will be
able to search as an alternative to making subsequent direct electronic queries
to retrieve BSA Information from FinCEN BSA Systems; and
(B)
If the Agency discovers that such a database exists and that it contains
BSA Information, the Agency will (i) immediately notify FinCEN; (ii) destroy
all BSA Information contained in the database; and (iii) destroy any copies,
summaries, or other documents that include or make derivative use of such
BSA Information.
(8)
Conditions of Access. In addition to requirements set forth in the MOU and
Protocols, the Agency agrees that, prior to accessing BSA Information, all Authorized Personnel
must: (i) enter into individual user agreements acknowledging the terms and conditions under
which they can obtain access to FinCEN BSA Systems; and (ii) fully and accurately complete
the FinCEN BSA Systems computer access screens (Access Screens) for the relevant data file, to
include the search justification field, conducting any queries or accessing BSA Information.
(9)
Continuing Representation and Warranty. Each query under this MOU,
including, if applicable, completion of any Access Screen in connection with such query, shall be
deemed to constitute a continuing representation and warranty by the Agency that the request for
retrieval or use complies with, and any use of retrieved or analyzed information will comply
with, the terms of this MOU.
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(10)
Disclaimer of Liability. FinCEN will make all reasonable efforts to make BSA
Information available to the Agency upon the Agency’s request, consistent with the terms of this
MOU. However, FinCEN expressly disclaims any liability for any consequence of the non-
availability of BSA Information through FinCEN BSA Systems for whatever reason.
(11)
Re-dissemination of BSA Information. No BSA Information may be
disseminated to any person outside the Agency except consistent with the provisions of the Re-
Dissemination Protocols. This restriction also applies to case-related information, and to
statistical or other information that references, summarizes, or may reveal the existence of BSA
Information.
(12)
Information about Inquiries by the Agency. FinCEN maintains as part of its
internal databases information concerning queries made by Authorized Personnel, including
without limitation (i) information contained on the Access Screens completed by Authorized
Personnel, if applicable, and (ii) a record of the information in the relevant data files searched,
retrieved, or both, by such Authorized Personnel.
(13)
Networking. FinCEN seeks to facilitate networking among agencies that may be
investigating the same matters. If the Subject of a query under this MOU has been or
subsequently becomes the Subject of another query to FinCEN by another agency, FinCEN at its
discretion and without obtaining prior permission, may concurrently notify the Agencies making
the two queries concerning the match of information about the two queries, provided that (i) such
concurrent notification will involve only the name of the Subject queried, sufficient additional
information about the Subject to demonstrate the fact of the match, and information about
relevant officials to contact at the two Agencies; and (ii) no concurrent notification of a match
will be made in a particular case to the extent that the Access Screen completed by either
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relevant Agency with respect to that case is specifically marked to indicate the Agency’s
decision not to permit concurrent notification.
(14)
Reports on Use of BSA Information. Upon FinCEN’s request, the Agency will
supply FinCEN with a report or reports in a format prescribed by FinCEN on information needed
to assess the usefulness and impact of the use of BSA Information and networking. This can
include but is not limited to (i) the status or results of investigations and prosecutions relating to
inquiries made hereunder, including investigations and prosecutions based on referrals from the
Agency in connection with such inquiries; and (ii) such other information, including statistical
information about the Agency’s use of BSA Information hereunder as FinCEN may reasonably
request, provided, however, that the Agency may delay providing information concerning any
specific investigation or prosecution until such time after the final resolution of that case as the
Agency in the reasonable exercise of its discretion deems appropriate.
(15)
Records Relating to Re-Dissemination. The Agency agrees not to re-disseminate
or share BSA Information with agencies, entities, organizations, or individuals who do not have
independent access to BSA Information through an access MOU with FinCEN, except as
provided in the Re-Dissemination Protocols or with the express permission of FinCEN. In the
event such sharing is authorized, the Agency agrees to maintain records relating to any
dissemination of BSA Information to agencies, entities, organizations, or individuals who do not
have independent access to BSA Information through an access MOU with FinCEN, consistent
with the requirements and procedures set forth in the Re-Dissemination Protocols. The Agency
agrees to retain such files and make them available, upon request or as otherwise required by this
MOU and accompanying Protocols, to FinCEN, Treasury, or law enforcement.
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(16)
Records of Queries of BSA Information. The Agency shall ensure that
appropriate documentation is maintained for FinCEN with respect to the Agency’s compliance
with this MOU. Such documentation shall include a written record of the purpose for which
every query was conducted that coincides with the query justification noted in the database. A
contemporaneous investigative file relating to a Subject will satisfy the requirement to prepare
such a written record. The Agency agrees to make such files regarding justification for queries
of BSA Information available to FinCEN, Treasury, or law enforcement, upon request by
FinCEN.
(17)
Agency’s Compliance. To ensure the Agency’s compliance with the terms of this
MOU, FinCEN may (i) request the Agency provide internal review and certification of their
compliance; and/or (ii) arrange for and conduct onsite and/or electronic inspections of the
Agency’s access of FinCEN BSA Systems. The Agency agrees to cooperate and respond timely
to all requests and actions initiated by FinCEN to ensure compliance and understands that failure
to do so may result in the termination of its access to FinCEN BSA Systems.
(18)
Periodic Updates to Protocols. FinCEN reserves the right to revise and
supplement the Protocols at any time. Revised Protocols automatically become part of this
MOU upon receipt by the Agency. In addition, FinCEN reserves the right to issue additional
BSA Information safeguards in connection with this MOU in the future as necessary. The
Agency also agrees that any such future safeguards will also automatically become part of this
MOU upon receipt by the Agency.
(19)
Security; Authorized Personnel. The Agency agrees to follow the steps outlined
in the Security Protocols, including confirming that all Agency employees acting as Authorized
Personnel (or proposed by the Agency for Authorized Personnel status) are the subject of a
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satisfactory background investigation completed in accordance with the Agency’s policies, have
taken all required training, and met all other requirements specified in the Security Protocols.
The Agency must immediately revoke access privileges of Authorized Personnel when they no
longer require access to FinCEN BSA Systems. This includes authorized users who (i) are no
longer employed by the agency; (ii) have changes in employment status or undergo changes in
job duties and responsibilities such that they no longer require access to BSA information; (iii)
are subject to personnel actions that implicate matters pertaining to honesty, integrity, or
security; or (iv) are the subject of any criminal charges that become known to the Agency.
(20)
Control of Records; Open Information and Privacy Laws. BSA Information, or
any records thereof, are exempt from search and disclosure under the Freedom of Information
Act (FOIA). See 31 U.S.C. § 5319. Further, BSA Information “may not be disclosed under any
State, local, tribal, or territorial ‘freedom of information’, ‘open government’, or similar law.”
Id. The Agency shall promptly notify FinCEN of any FOIA or similar request implicating BSA
Information and coordinate any response to such a request with FinCEN FOIA Office.
Similarly, the Agency shall promptly notify FinCEN of any Privacy Act or similar request as
well as any subpoena implicating BSA Information and coordinate any response to such a
request with FinCEN FOIA Office.
(21)
Costs. The Agency is responsible for costs to the Agency that may arise in
connection with its compliance with this MOU, its use of BSA Information consistent with this
MOU, and its receipt of training as contemplated by this MOU, including but not limited to
travel expenses of Authorized Personnel for the purpose of receiving training. FinCEN imposes
no charges for access to BSA Information hereunder and no charges with respect to the travel
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expenses of FinCEN personnel for the purposes of exercising FinCEN’s inspection rights or
providing training as contemplated by this MOU.
(22)
Authority to Sign. The persons identified below as signing on behalf of FinCEN
and the Agency have the authority to commit FinCEN and the Agency to the undertakings
contained in this MOU for the period during which this MOU is effective.
(23)
Effective Date; Termination. This MOU is effective as of the first Monday
following the date on which it is signed on behalf of FinCEN (Effective Date). This MOU
expires five (5) years from the Effective Date. This MOU may be renewed on the same terms
for additional five (5) year terms upon mutual agreement of the parties. This MOU may be
terminated by either party upon written notice to the other, effective 30 days from the date that
notice of termination is sent (Termination Date). The Agency’s access rights to BSA
Information under this MOU will terminate on the Termination Date. FinCEN reserves the right
without notice, to suspend the Agency’s access to data files containing BSA Information if, in
FinCEN’s sole discretion, such suspension is necessary for reasons of security or for failure to
observe the terms of this MOU. If the Agency’s access to BSA Information is terminated or
suspended, the Agency shall continue to use and safeguard BSA Information consistent with the
terms of this MOU and shall continue to cooperate with FinCEN’s efforts to ensure the Agency’s
compliance in that regard.
(24)
Material Changes. The Agency is required to notify FinCEN immediately of any
material changes to the Agency’s organization, mandate, or structure, that would alter the
Agency’s ability to comply with any provision of this MOU.
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(25)
For all required communications referenced in this MOU, FinCEN
communications shall be routed to the FinCEN employee assigned as your point of contact or to
DataAccessManagement@fincen.gov.
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Accepted and agreed to:
FINANCIAL CRIMES ENFORCEMENT NETWORK
By:
________________________________________
Katherine E. Ford
Associate Director, Strategic Operations Division
Date:
MARICOPA COUNTY SHERIFF'S OFFICE (ARIZONA)
By:
________________________________________
Jerry Sheridan
Sheriff
Date:
MARICOPA COUNTY, A political subdivision of the State of Arizona
By:
________________________________________
Thomas Galvin
Chairman, Board of Supervisors
Date:
ATTEST:
________________________________________
Juanita Garza
Clerk of the Board
Date:
SIGN
SIGN
SIGN
SIGN
BSA Access MOU – FinCEN and the Maricopa County Sheriff's Office (Arizona)
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APPROVED AS TO FORM:
________________________________________
Deputy County Attorney
Date:
Attachments:
Tab A:
Re-dissemination Protocols for Bank Secrecy Act Information
Tab B:
Information Access Security Protocols for Bank Secrecy Act Information
(Security Protocols)
SIGN