bsa-risk-assessment

name: bsa-risk-assessment title: BSA/AML Risk Assessment description: Drafts a BSA/AML Risk Assessment for U.S. financial institutions per FinCEN, FFIEC, and OCC standards. Evaluates inherent risks (customer, product, geographic, transaction, third-party), control adequacy, and residual risk. Use when preparing annual BSA compliance assessments, post-acquisition integration reviews, or when business changes trigger reassessment under 31 U.S.C. § 5318(h). author: CaseMark author_url: https://github.com/CaseMark/skills/tree/main/skills/legal/bsa-risk-assessment license: Apache-2.0 version: 0.1.0 execution_mode: open jurisdiction: us practice: white-collar language: en

BSA/AML Risk Assessment

Produces examination-ready BSA Risk Assessments evaluating inherent AML/CFT risks against mitigating controls per FFIEC BSA/AML Examination Manual methodology.

Prerequisites

Gather before drafting:

1. Institution profile — entity type, charter/regulator, total assets, branch footprint, international relationships
2. Products & services — inventory with volumes for high-risk products (wires, monetary instruments, prepaid, trade finance, crypto on/off ramps)
3. Customer data — segments with counts of high-risk categories (cash-intensive businesses, PEPs, NRAs, MSBs, foreign correspondents)
4. BSA/AML program docs — policies, CIP/CDD/EDD procedures, monitoring system specs, training records
5. Filing history — annual CTR/SAR counts by category
6. Independent testing — most recent scope, findings, remediation status
7. Regulatory history — outstanding MRAs, MOUs, enforcement actions

Document Sections

1. Executive Summary

Overall risk rating (Low/Moderate/High), key concentrations, control gaps, priority recommendations with owners and target dates.

2. Introduction

• Regulatory basis: 31 U.S.C. § 5318(h); 31 C.F.R. § 1020.210
• Scope: all business lines, products, customers, geographies
• Assessment period and update frequency (typically annual)
• FFIEC risk-based methodology alignment

3. Institution Overview

Table covering: entity type, charter/regulator, total assets, branch count, high-risk products offered, customer segments, annual CTR/SAR filing counts.

4. Inherent Risk Identification

Five risk dimensions, each rated High/Moderate/Low:

• Customer — cash-intensive businesses, MSBs, NBFIs, PEPs, NRAs, nonprofits, foreign correspondents, FATF-listed jurisdiction customers
• Product & Service — flag products enabling anonymity, rapid movement, or cross-border activity (wires, prepaid, private banking, trade finance, digital channels, crypto)
• Geographic — HIDTA/HIFCA areas, FATF grey/black list jurisdictions, FinCEN GTO zones, OFAC sanctioned countries
• Transaction — high-volume cash, structuring patterns, funnel accounts, rapid cycling, shell companies, trade-based ML
• Third-Party — independent agents, outsourced onboarding/processing, fintech partnerships

5. Risk Assessment Matrix

Per risk category:

Reference FATF typology reports and FinCEN advisories for current typologies (ransomware, elder exploitation, human trafficking, real estate, virtual assets).

6. Controls & Mitigation

Evaluate each BSA program component against its regulatory basis:

For each: document current status and adequacy rating.

7. Conclusions & Recommendations

• Overall risk determination with narrative justification
• Residual risks where controls are insufficient
• Prioritized remediation table (recommendation, priority, owner, target date)

Verification Requirements

These items change over time — confirm before finalizing:

• FATF grey/black list countries — verify at fatf-gafi.org
• Active FinCEN GTOs — jurisdiction-specific and time-limited
• Beneficial ownership threshold (currently 25%) — check for subsequent FinCEN rulemaking
• FinCEN advisory numbers — verify FIN numbers and dates before citing

Pitfalls

• Quantitative support required — risk ratings must cite transaction volumes, SAR counts, or alert rates; qualitative assertions alone are insufficient
• Board presentation — document must be board-approved or presented to senior management with evidence of review
• Version retention — keep prior assessments; regulators compare year-over-year
• Privilege risk — do not include attorney-client privileged material if document will be produced to examiners
• FFIEC citations — reference specific Examination Manual sections when evaluating control adequacy