Information sharing (314(b))

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Information sharing (314(b))

314(b)Also called section 314(b), 314(b) safe harbor, voluntary information sharing

Definition

Section 314(b) of the USA PATRIOT Act lets US financial institutions share information with each other about suspected money laundering or terrorist financing. Participation is voluntary. Firms that register with FinCEN and follow the rules receive a safe harbor from liability for the disclosure, including privacy claims.

FINCEN NOTICEPEER REGISTEREDAML PURPOSESAFE HARBOR
Fig. 1 · Information sharing (314(b))
USA PATRIOT Act s314(b) · 31 CFR 1010.540 · FinCEN 314(b) Fact Sheet
Key rulesUSA PATRIOT Act s314(b) · 31 CFR 1010.540 · FinCEN 314(b) Fact Sheet
Applies toUS financial institutions and associations of financial institutions
RegionsUS
01

How it works

A bank registers with FinCEN through its online portal and names a point of contact. When an investigator sees activity that may involve laundering, terrorism or related crimes such as fraud, they confirm the other institution is also registered and request or share details. Shared items include account data, transaction flows, IP addresses and fraud indicators. Notice must be renewed each year.

Criminals spread funds across several banks so no single institution sees the whole scheme. 314(b) lets investigators join those views and decide faster whether to file a suspicious activity report. Firms cannot share a SAR itself or reveal that one exists. Shared information may only be used for permitted anti-money laundering purposes and must be protected. FinCEN updated its guidance on 12 June 2026.

Step 1Register with FinCENFile a 314(b) notice and name a contact person
Step 2Check counterpartConfirm the other institution holds a current registration
Step 3Share factsExchange account and transaction details, never the SAR itself
Step 4Use and protectUse data for AML purposes only and keep it secure
Step 5Renew yearlyRenew the notice annually to keep the safe harbor
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The rules

US · 26 October 2001USA PATRIOT Act s314(b)Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act, section 314(b)

Permits voluntary sharing of information on suspected money laundering and terrorist activity between financial institutions, with a safe harbor from liability.

US financial institutions and associations of financial institutions
US · 26 September 200231 CFR 1010.540Voluntary information sharing among financial institutions

Sets the registration, annual notice, verification and confidentiality conditions that participants must meet to receive the safe harbor.

Financial institutions required to keep an AML programme, and associations of them
US · 12 June 2026FinCEN 314(b) Fact SheetFinCEN Section 314(b) Fact Sheet

Replaces the December 2020 fact sheet and clarifies that fraud-related and real-time sharing can fall within the safe harbor.

Registered 314(b) participants
03

Common questions

What is the difference between 314(a) and 314(b)?

Section 314(a) lets FinCEN send law enforcement requests to financial institutions, which must search their records and respond. Section 314(b) is voluntary sharing between financial institutions themselves. 314(a) is government to industry. 314(b) is peer to peer.

Can banks share a suspicious activity report under 314(b)?

No. Participants cannot share a SAR or disclose whether one has been filed. They can share the underlying facts, transactions and documents that might support a SAR, which helps each institution reach its own filing decision.

Does 314(b) cover fraud?

Yes, where the requirements are met. Fraud is a specified unlawful activity for money laundering. FinCEN's June 2026 fact sheet confirms fraud-related sharing can fall within the safe harbor, and institutions need not identify the specific proceeds being laundered.

How long does a 314(b) registration last?

Registration lasts one year from the date of the notice. Institutions must renew it with FinCEN to keep sharing under the safe harbor. Before each exchange, a participant takes reasonable steps to verify that its counterpart is also registered.