Comprehensive Guide to FinCEN's New Geographic Targeting Order: Implications for MSBs

The Geographic Targeting Order (GTO), issued by the Financial Crimes Enforcement Network (FinCEN) under the Bank Secrecy Act (BSA), introduces heightened recordkeeping and reporting directives for financial institutions and businesses within designated regions for durations not exceeding 180 days, although extensions are permissible.

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Effective from April 14, 2025, until September 9, 2025, the latest GTO targets money service businesses (MSBs), including tax preparation entities in select ZIP Codes of California and Texas, lowering the threshold for Currency Transaction Report (CTR) filings to include currency transactions exceeding $200 but under $10,000.

Impacted Regions and ZIP Codes:

  • Imperial County, California: 92231, 92249, 92281, 92283

  • San Diego County, California: 91910, 92101, 92113, 92117, 92126, 92154, 92173

  • Cameron County, Texas: 78520, 78521

  • El Paso County, Texas: 79901, 79902, 79903, 79905, 79907, 79935

  • Hidalgo County, Texas: 78503, 78557, 78572, 78577, 78596

  • Maverick County, Texas: 78852

  • Webb County, Texas: 78040, 78041, 78043, 78045, 78046

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Defining Money Services Businesses (MSB): MSBs incorporate entities such as Currency Dealers or Exchangers, Check Cashers, Issuers or Redeemers of Traveler's Checks/Money Orders/Stored Value, Money Transmitters, and certain operations of the U.S. Postal Service.

Significance for Reporting Requirements:

  • Adjusted Threshold: The GTO reduces the standard CTR reporting threshold to transactions exceeding $200, which mandates more detailed reporting for smaller currency exchanges.

  • Payment Modalities: These reporting requirements encompass only physical currency exchanges, excluding checks and electronic payments.

  • Consistent Reporting for High-Value Transactions: Regardless of the GTO, businesses must continue filing CTRs for transactions exceeding $10,000 and Suspicious Activity Reports (SARs) where warranted under the BSA.

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Understanding Covered Transactions:

  1. Transaction Scope: The GTO mandates reporting for each deposit, withdrawal, or currency exchange conducted within the stipulated limits, emphasizing physical cash.

  2. Dollar Constraints: Transactions exceeding $200 and below $10,000 require CTRs under the GTO, indicating a broadening of scope for monitoring cash movements.

  3. Aggregation Practices: While the GTO specifies conditions for transactions within its specified range, broader aggregation practices remain governed by existing regulations like 31 CFR 1010.313.

  4. Excluded Payment Forms: Focused on cash transactions, the GTO does not necessitate reporting for check or card transactions.

Reporting Protocol:

  1. CTR Submissions: MSBs, including those managed by tax professionals, must electronically file relevant CTRs via the BSA E-Filing System, citing “MSB0325GTO” in Field 45 of Part IV.

  2. Timeliness: Reports are due within 15 days of the transaction to ensure prompt compliance with federal scrutiny measures.

  3. Document Retention: Maintain evidence of compliance for five years post the order’s expiration.

Tax Experts as MSBs: Qualifying tax preparers are advised to evaluate their service profiles to verify if GTO compliance is necessary. Mere cash payments for preparation do not equate to an MSB status.

Compliance Penalties: Non-compliance risks include civil penalties up to $286,184 per infraction and potential criminal liabilities.

Action Recommendations: MSBs should:

  1. Regularly review and audit transactions subject to the GTO.

  2. Implement a robust reporting infrastructure for timely GTO compliance.

  3. Seek guidance from legal/compliance experts to navigate nuanced GTO requirements.

For additional clarity, connect with FinCEN or consult the official documentation.

Ensure proactive governance and adherence to regulatory commitments to uphold organizational integrity.

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