Please see the linked Anti-Money Laundering Program / Suspicious Activity Report Policy (AML/SAR Policy) Template [down below] for members (referred to individually as "Company"), as developed by our national organization’s legal assistance team.  We have also provided (1) the FinCEN Final AML/SAR Rule; (2) the FinCEN Form 104; (3) FinCEN Form 8300; and (4) IRS Instructions for Form 8300. 

The AML/SAR Policy is designed to facilitate implementation by Members.  In order to implement the policy, members should take the following steps as outlined in the cover memo of the Template word document.  THA members are reminded that this document is developed to assist you, and you should always consult your private attorney and/or accountant for issues which relate to financial matters and regulatory requirements for your individual businesses.

General Template Instructions:

The AML/SAR Policy is designed to facilitate implementation by THA Members.  In order to implement the policy, THA members should take the following steps:

1. Insert their Company logo, name, date of adoption, and policy number on the title page.
2. Determine whether the FinCEN AML/SAR rule applies to the Company by reviewing the Applicability and Scope Section (Section 6).  If the Company is not covered by the FinCEN AML/SAR rule, no further action is required.
3. Review the Roles and Responsibilities Section (Section 7).
4. Complete and execute the Senior Manager Approval Memo (Sections 4.2 and 12.2).
5. Designate a Compliance Officer for the purposes of the AML/SAR Policy (Section 8.2).
6. Establish an AML Program (Section 8.3).
7. Establish a Customer Identification Program (Section 8.3.1). 
8. Establish a Customer Due Diligence Program (Section 8.3.2).
9. Perform a Risk Assessment of Company's products, services, customers, entities, transactions, and locations (Sections 8.3.3, 12.5 and 12.6).
10. Review agreements with Company's Counterparties to ensure they comply with AML/SAR requirements that are applicable to them (Section 8.3.4).
11. Update the AML/SAR Policy on a regular basis (Section 8.3.5; Section 11).
12. Establish a training program for Company's staff regarding the AML/SAR Policy (Section 8.3.6).
13. Undertake independent annual testing of the AML/SAR Policy (Section 8.3.7).
14. Perform reporting of cash transactions to FinCEN and the IRS (Section 8.4).
15. Prepare and file SARs for transactions that trigger suspicious activity reporting obligations (Section 8.5).
16. Establish record retention programs (Section 8.6).
17. Respond to requests for information from law enforcement (Section 8.7).