Page:United States Statutes at Large Volume 115 Part 1.djvu/352

 115 STAT. 330 PUBLIC LAW 107-56 —OCT. 26, 2001 "(1) APPOINTMENT. —The head of FinCEN shall be the Director, who shall be appointed by the Secretary of the Treasury. "(2) DUTIES AND POWERS.— The duties and powers of the Director are as follows: "(A) Advise and make recommendations on matters relating to financial intelligence, financial criminal activities, and other financial activities to the Under Secretary of the Treasury for Enforcement. "(B) Maintain a government-wide data access service, with access, in accordance with applicable legal requirements, to the following: "(i) Information collected by the Department of the Treasury, including report information filed under subchapter II of chapter 53 of this title (such as reports on cash transactions, foreign financial agency transactions and relationships, foreign currency transactions, exporting and importing monetary instruments, and suspicious activities), chapter 2 of title I of Public Law 91-508, and section 21 of the Federal Deposit Insurance Act. "(ii) Information regarding national and international currency flows. "(iii) Other records and data maintained by other Federal, State, local, and foreign agencies, including financial and other records developed in specific cases. "(iv) Other privately and publicly available information. "(C) Analyze and disseminate the available data in accordance with applicable legal requirements and policies and guidelines established by the Secretary of the Treasury and the Under Secretary of the Treasury for Enforcement to— "(i) identify possible criminal activity to appropriate Federal, State, local, and foreign law enforcement agencies; "(ii) support ongoing criminal financial investigations and prosecutions and related proceedings, including civil and criminal tax and forfeiture proceedings; "(iii) identify possible instances of noncompliance with subchapter II of chapter 53 of this title, chapter 2 of title I of Public Law 91-508, and section 21 of the Federal Deposit Insurance Act to Federal agencies with statutory responsibility for enforcing compliance with such provisions and other appropriate Federal regulatory agencies; "(iv) evaluate and recommend possible uses of special currency reporting requirements under section 5326; "(v) determine emerging trends and methods in money laundering and other financial crimes; "(vi) support the conduct of intelligence or counterintelligence activities, including analysis, to protect against international terrorism; and "(vii) support government initiatives against money laundering.

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