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12 CFR Part 326 — Minimum Security Devices and Procedures and Bank Secrecy Act Compliance

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PART 326—MINIMUM SECURITY DEVICES AND PROCEDURES AND BANK SECRECY ACT 1 1 Bank Secrecy Act. Authority: 12 U.S.C. 1813, 1815, 1817, 1818, 1819 (Tenth), 1881-1883, 5412; 31 U.S.C. 5311-5314, 5316-5332.2. Subpart A—Minimum Security Procedures Source: 83 FR 13842, Apr. 2, 2018, unless otherwise noted. § 326.0 Authority, purpose, and scope. (a) This part is issued by the Federal Deposit Insurance Corporation (“FDIC”) pursuant to section 3 of the Bank Protection Act of 1968 (12 U.S.C. 1882). It applies to FDIC-supervised insured depository institutions. It requires each institution to adopt appropriate security procedures to discourage robberies, burglaries, and larcenies and to assist in identifying and apprehending persons who commit such acts. (b) It is the responsibility of the institution's board of directors to comply with this part and ensure that a written security program for the institution's main office and branches is developed and implemented. § 326.1 Definitions. For the purposes of this part— (a) The term FDIC-supervised institution institution (b) The term banking office (c) The term branch (d) The term State savings association [83 FR 13842, Apr. 2, 2018, as amended at 85 FR 3246, Jan. 21, 2020] § 326.2 Designation of security officer. Upon the issuance of Federal deposit insurance, the board of directors of each institution shall designate a security officer who shall have the authority, subject to the approval of the board of directors, to develop, within a reasonable time, but no later than 180 days, and to administer a written security program for each banking office. § 326.3 Security program. (a) Contents of security program. (1) Establish procedures for opening and closing for business and for the safekeeping of all currency, negotiable securities, and similar valuables at all times; (2) Establish procedures that will assist in identifying persons committing crimes against the institution and that will preserve evidence that may aid in their identification and prosecution; such procedures may include, but are not limited to: (i) Retaining a record of any robbery, burglary, or larceny committed against the institution; (ii) Maintaining a camera that records activity in the banking office; and (iii) Using identification devices, such as prerecorded serial-numbered bills, or chemical and electronic devices; (3) Provide for initial and periodic training of officers and employees in their responsibilities under the security program and in proper employee conduct during and after a robbery, burglar or larceny; and (4) Provide for selecting, testing, operating and maintaining appropriate security devices, as specified in paragraph (b) of this section. (b) Security devices. (1) A means of protecting cash or other liquid assets, such as a vault, safe, or other secure space; (2) A lighting system for illuminating, during the hours of darkness, the area around the vault, if the vault is visible from outside the banking office; (3) An alarm system or other appropriate device for promptly notifying the nearest responsible law enforcement officers of an attempted or perpetrated robbery or burglary; (4) Tamper-resistant locks on exterior doors and exterior windows that may be opened; and (5) Such other devices as the security officer determines to be appropriate, taking into consideration: (i) The incidence of crimes against financial institutions in the area; (ii) The amount of currency or other valuables exposed to robbery, burglary, and larceny; (iii) The distance of the banking office from the nearest responsible law enforcement officers; (iv) The cost of the security devices; (v) Other security measures in effect at the banking office; and (vi) The physical characteristics of the structure of the banking office and its surroundings. § 326.4 Reports. The security officer for each institution shall report at least annually to the institution's board of directors on the implementation, administration, and effectiveness of the security program. Subpart B—Procedures for Monitoring Bank Secrecy Act Compliance § 326.8 Bank Secrecy Act compliance. (a) Purpose. (b) Compliance procedures Program requirement. (2) Customer identification program. (c) Contents of compliance program. (1) Provide for a system of internal controls to assure ongoing compliance; (2) Provide for independent testing for compliance to be conducted by institution personnel or by an outside party; (3) Designate an individual or individuals responsible for coordinating and monitoring day-to-day compliance; and (4) Provide training for appropriate personnel. [85 FR 3246, Jan. 21, 2020]

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