FinCEN 314: What Section 314 Asks of a Bank

A reader who types FinCEN 314 needs two different rules told apart. Here is what 314(a) requests and 314(b) sharing each require, in plain terms.

Published	14 October 2026

What FinCEN 314 is

FinCEN 314 is shorthand for Section 314 information sharing. It has two parts, 314(a) and 314(b). People who cite "314" often mean only one of them.

Subsection (a) covers search requests FinCEN sends to banks. Subsection (b) covers sharing between banks that choose to do it. The FFIEC manual calls both of these special information sharing procedures. It calls the requests Section 314 information requests.

FinCEN runs the process. The rule that carries Section 314(a) into the regulations is 31 CFR 1010.520. It is part of the bank secrecy act rules. It sits next to the FinCEN reporting requirements a bank already files.

How a 314(a) request works

A 314(a) request starts with a law enforcement agency. FinCEN's fact sheet says all requesters must certify that the investigation is based on credible evidence of terrorist financing or money laundering.

The FFIEC manual says Section 314(a) subject lists contain parties reasonably suspected, based on credible evidence, of engaging in money laundering or terrorist acts. The request names those parties. It asks each bank to search its records.

The regulation gives the search its shape. § 1010.520 says FinCEN may require any financial institution to search its records for accounts or transactions with a named individual, entity, or organization. FinCEN's fact sheet says financial institutions must query records for accounts maintained by the named subject during the preceding 12 months. It also says they must query records for transactions not linked to an account. These are transactions conducted within the past 6 months.

The point of contact rule sits underneath all of this. § 1010.520 requires a financial institution to designate one person as its point of contact for FinCEN information requests. The same section says a financial institution that has given FinCEN contact information must promptly notify FinCEN of any changes.

Responding to a 314(a) request

The FFIEC manual says banks must respond with positive matches within 14 calendar days of receiving a prior information request.

A bank that finds a match reports it. § 1010.520 says a financial institution that finds a match must report to FinCEN in the manner and time frame FinCEN's request specifies.

A positive match is not the end of the bank's judgment. The FFIEC manual says banks are not required to file a SAR solely because accounts or transactions involve Section 314(a) subjects. A 314(a) match and a bank's BSA anti money laundering duties are separate questions. The 314(a) match by itself is not the trigger.

A bank may say more than yes or no. The FFIEC manual says a bank may choose to give extra information beyond confirming a positive match in the comment section of its response.

Confidentiality and recordkeeping for 314(a)

The security rules are strict. § 1010.520 requires each financial institution to maintain adequate procedures to protect the security and confidentiality of FinCEN requests. The FFIEC manual says each bank must maintain adequate procedures to protect the security and confidentiality of Section 314(a) information requests from FinCEN.

The lists do not travel. The FFIEC manual says Section 314(a) subject lists cannot be shared with any foreign office, branch, or affiliate unless the request specifically states otherwise. A bank with operations abroad cannot share a subject list with them. This is not allowed unless the request specifically states otherwise.

There is also a limit on outside help. The FFIEC manual says a bank cannot provide direct access to the SISS to a third-party vendor.

On records, the manual is clear in both directions. The FFIEC manual says banks are not required to maintain records related to Section 314(a) information requests. But FinCEN's 314(a) FAQs recommend that banks keep records. These records show all required searches were performed. They also show positive matches were reported.

Subsection (b) works the other way around. Here, financial institutions share with each other, and the choice to take part belongs to the bank.

The FFIEC manual says banks that choose to share information under Section 314(b) must file a notice with FinCEN through the SISS. That notice is how a bank signs up. It also has a shelf life. The FFIEC manual says a bank must submit a new notice to continue sharing information after the one-year period ends.

Participation is visible to the others in the scheme. The FFIEC manual says FinCEN gives participating banks access to a list of other financial institutions participating in Section 314(b).

The FFIEC manual says Section 314(b) gives specific protection from liability under federal and state law. The FFIEC manual also says failing to comply with 31 CFR 1010.540 causes loss of the safe harbor protection.

Sharing under (b) has its own handling rules. The FFIEC manual says a bank that receives information related to a Section 314(b) request must limit the use of that information. The FFIEC manual also says a bank that shares on its own must keep procedures. These procedures protect the information it shares.

The SAR line matters here. The FFIEC manual says Section 314(b) does not let a bank share a SAR or disclose that a SAR exists. It also says a bank may share the transactions and customer details that led to the SAR. The report itself stays sealed. The facts behind it can move.

What 314(a) is and is not

A 314(a) request gives leads only. FinCEN's fact sheet says the 314(a) process lets an investigator canvas the nation's financial institutions for potential lead information. It also says Section 314(a) gives lead information only. It is not a substitute for a subpoena or other legal process.

How examiners assess 314 compliance

The FFIEC manual says examiners should assess a bank's policies and procedures for special information sharing procedures to deter money laundering and terrorist activity.

The FFIEC manual also says examiners may review independent testing or audit reports. These reports help assess a bank's compliance with information sharing rules.