Filing a FOIA Request
Individuals should ensure that the information they seek is not already in the public domain
before submitting FOIA requests. FinCEN has some information available to the public listed in
its electronic reading room at https://www.fincen.gov/filing-foia-request. Also, a search of the
FinCEN Home page can assist requesters in locating information about FinCEN and lists of
available publications. Information about points of contact and addresses are also accessible on
this site for your convenience.
If the information is not in the public domain, please follow the suggestions listed below when
preparing your FOIA request:
Identify the records requested (be as specific as possible, i.e., describe
the subject matter of the records, and, if known, indicate the dates of
the records, the places where they originated, and the names of the
originating persons or offices);
State that the records are requested under the Freedom of Information
Act;
Include daytime telephone numbers in case additional information is
needed before answering requests; and
Forward all requests to FinCEN’s Disclosure Office by one of the
methods listed below:
We accept requests by mail, email or the Treasury's FOIA web portal:
FOIA Request
FinCEN Disclosure Office
P.O. Box 39
Vienna, VA 22183
FinCENFOIA@fincen.gov
OR
File your request using Treasury’s FOIA online web portal
at https://www.treasury.gov/foia/pages/gofoia.aspx
Individuals with questions concerning their requests may call FinCEN’s FOIA Hotline at (703)
905-5034.
Once the request is received, a letter of acknowledgement will be sent to the requester and a
search of FinCEN records will be made.
Although FinCEN makes every effort to respond to FOIA requests as promptly as possible, in
some cases it simply cannot do so within the specified time period. This may be due either to the
size of the request or to the fact that the agency has a backlog of previously received requests
that are awaiting processing.
When responsive records are found, a determination will be made as to what information, if any,
can be released. A request for records may be denied if the requested record contains information
that falls into one or more of the nine categories of exemptions or three exclusions under the Act.
See the section of the FOIA Web page entitled Exemptions and Exclusions.
Processing a FOIA Request
FinCEN processes requests of various sizes on different tracks based on the amount of work or
time (or both) involved in processing the request in accordance with the Department of
the Treasury’s disclosure regulations at 31 CFR Part 1 and Privacy Act Regulations.
Requests for records that are readily identifiable by the Freedom of Information Office and that
have already been cleared for public release may be placed on a fast track and responded to more
quickly.
All other requests are normally processed on a first-in, first-out basis, however, some
circumstances require cases to be taken out of queue. This may be due either to the complexity of
the request or to the fact that the requester has demonstrated a compelling need to obtain the
information on an expedited basis.
Except in the following circumstances, requests are handled under the normal processing time of
20 business days:
in the case of expedited treatment when a requester demonstrates a
compelling need for the records sought or when FinCEN makes a
determination to expedite the response;
when the running of such time is suspended for payment of fees, and
in unusual circumstances, as defined in 5 USC § 552(a)(6)(B). (The
time limit may be extended for a period not to exceed 10 business
days as stated in a written notice to the requester setting forth the
reasons for the extension and the date on which a determination is
expected to be dispatched; or an alternative period as mutually agreed
to by the Freedom of Information Office and the requester when the
Freedom of Information Office notifies the requester that the request
cannot be processed in the specified time.)
FinCEN will provide any reasonably segregable portion of a record that is requested after
deleting the portions that are exempt.
Reasons Access May Be Denied Under the FOIA
FinCEN may withhold records by authorization of one of the FOIA's nine exemptions or three
exclusions. The exemptions protect against disclosure of information that would harm the
following: national security, the privacy of individuals, the proprietary interest of business, the
functioning of the government, and other important recognized interests.
When a record contains some information that qualifies as exempt, the entire record is not
necessarily exempt. Instead, the FOIA specifically provides that any reasonably segregable
portions of a record must be provided to a requestor after the deletion of the portions that are
exempt. FOIA requires FinCEN to identify the location of a deletion in the released portion of
the record and to record at the place of deletion the exemption(s) or exclusion(s) authorizing it.
Administrative Appeals and Judicial Review
Administrative Appeals
If requested information is found inappropriate for disclosure and access is denied, FOIA
requesters may appeal the denial of information within 35 days from the date of the denial letter.
The following information should be stated in the appeal:
Reasons why the requested information should be released under the
Act; and
Why the denial may be in error.
FOIA requesters shall attach copies of their original requests and response letters to all appeals,
clearly mark the letters and the outside envelopes, "FOIA Appeal," and mail appeals to the
following address:
FOIA Appeal
Financial Crimes Enforcement Network
Disclosure Office
P.O. Box 39
Vienna, VA 22183
You will be notified of the status of your appeal if it is not likely that a decision will be provided
to you within 20 business days.
Judicial Review
After your appeal has been decided, if you are not satisfied that FinCEN has handled your FOIA
request in accordance with the law, you have the right to challenge the agency's action in a
lawsuit filed (1) in the U.S. District Court where you reside, (2) where you have your principal
place of business (if any), (3) in the District of Columbia, or (4) where the records are located, if
they are not located in the District of Columbia. You have up to six years to file suit from the
time your right to sue begins. The court may require the Government to pay court costs and
reasonable attorney’s fees for you if you win a substantial portion of your case.
Sample Freedom of Information Act Request Letter
