[Code of Federal Regulations]

[Title 31, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 31CFR103.36]



[Page 409-411]

 

                  TITLE 31--MONEY AND FINANCE: TREASURY

 

                       DEPARTMENT OF THE TREASURY

 

PART 103_FINANCIAL RECORDKEEPING AND REPORTING OF CURRENCY AND FOREIGN 

TRANSACTIONS--Table of Contents

 

               Subpart C_Records Required To Be Maintained

 

Sec. 103.36  Additional records to be made and retained by casinos.



    (a) With respect to each deposit of funds, account opened or line of 

credit extended after the effective date of these regulations, a casino 

shall, at the time the funds are deposited, the account is opened or 

credit is extended, secure and maintain a record of the name, permanent 

address, and social security number of the person involved. Where the 

deposit, account or credit is in the names of two or more persons, the 

casino shall secure the name, permanent address, and social security 

number of each person having a financial interest in the deposit, 

account or line of credit. The name and address of such person shall be 

verified by the casino at the time the deposit is made, account opened, 

or credit extended. The verification shall be made by examination of a 

document of the type described in Sec. 103.28, and the specific 

identifying information shall be recorded in the manner described in 

Sec. 103.28. In the event that a casino has been unable to secure the 

required social security number, it shall not be deemed to be in 

violation of this section if (1) it has made a reasonable effort to 

secure such number and (2) it maintains a list containing the names and 

permanent addresses of those persons from who it has been unable to 

obtain social security numbers and makes the names and addresses of 

those persons available to the Secretary upon request. Where a person is 

a nonresident alien, the casino shall also record the person's passport 

number or a description of some other government document used to verify 

his identity.

    (b) In addition, each casino shall retain either the original or a 

microfilm or other copy or reproduction of each of the following:

    (1) A record of each receipt (including but not limited to funds for 

safekeeping or front money) of funds by the casino for the account 

(credit or deposit) of any person. The record shall include the name, 

permanent address and social security number of the person from whom the 

funds were received, as well as the date and amount of the funds 

received. If the person from whom the funds were received is a



[[Page 410]]



non-resident alien, the person's passport number or a description of 

some other government document used to verify the person's identity 

shall be obtained and recorded;

    (2) A record of each bookkeeping entry comprising a debit or credit 

to a customer's deposit account or credit account with the casino;

    (3) Each statement, ledger card or other record of each deposit 

account or credit account with the casino, showing each transaction 

(including deposits, receipts, withdrawals, disbursements or transfers) 

in or with respect to, a customer's deposit account or credit account 

with the casino;

    (4) A record of each extension of credit in excess of $2,500, the 

terms and conditions of such extension of credit, and repayments. The 

record shall include the customer's name, permanent address, social 

security number, and the date and amount of the transaction (including 

repayments). If the customer or person for whom the credit extended is a 

non-resident alien, his passport number or description of some other 

government document used to verify his identity shall be obtained and 

recorded;

    (5) A record of each advice, request or instruction received or 

given by the casino for itself or another person with respect to a 

transaction involving a person, account or place outside the United 

States (including but not limited to communications by wire, letter, or 

telephone). If the transfer outside the United States is on behalf of a 

third party, the record shall include the third party's name, permanent 

address, social security number, signature, and the date and amount of 

the transaction. If the transfer is received from outside the United 

States on behalf of a third party, the record shall include the third 

party's name, permanent address, social security number, signature, and 

the date and amount of the transaction. If the person for whom the 

transaction is being made is a non-resident alien the record shall also 

include the person's name, his passport number or a description of some 

other government document used to verify his identity;

    (6) Records prepared or received by the casino in the ordinary 

course of business which would be needed to reconstruct a person's 

deposit account or credit account with the casino or to trace a check 

deposited with the casino through the casino's records to the bank of 

deposit;

    (7) All records, documents or manuals required to be maintained by a 

casino under state and local laws or regulations, regulations of any 

governing Indian tribe or tribal government, or terms of (or any 

regulations issued under) any Tribal-State compacts entered into 

pursuant to the Indian Gaming Regulatory Act, with respect to the casino 

in question.

    (8) All records which are prepared or used by a casino to monitor a 

customer's gaming activity.

    (9)(i) A separate record containing a list of each transaction 

between the casino and its customers involving the following types of 

instruments having a face value of $3,000 or more:

    (A) Personal checks (excluding instruments which evidence credit 

granted by a casino strictly for gaming, such as markers);

    (B) Business checks (including casino checks);

    (C) Official bank checks;

    (D) Cashier's checks;

    (E) Third-party checks;

    (F) Promissory notes;

    (G) Traveler's checks; and

    (H) Money orders.

    (ii) The list will contain the time, date, and amount of the 

transaction; the name and permanent address of the customer; the type of 

instrument; the name of the drawee or issuer of the instrument; all 

reference numbers (e.g., casino account number, personal check number, 

etc.); and the name or casino license number of the casino employee who 

conducted the transaction. Applicable transactions will be placed on the 

list in the chronological order in which they occur.

    (10) A copy of the compliance program described in Sec. 103.64(a).

    (11) In the case of card clubs only, records of all currency 

transactions by customers, including without limitation, records in the 

form of currency transaction logs and multiple currency



[[Page 411]]



transaction logs, and records of all activity at cages or similar 

facilities, including, without limitation, cage control logs.

    (c)(1) Casinos which input, store, or retain, in whole or in part, 

for any period of time, any record required to be maintained by Sec. 

103.33 or this section on computer disk, tape, or other machine-readable 

media shall retain the same on computer disk, tape, or machine-readable 

media.

    (2) All indexes, books, programs, record layouts, manuals, formats, 

instructions, file descriptions, and similar materials which would 

enable a person readily to access and review the records that are 

described in Sec. 103.33 and this section and that are input, stored, 

or retained on computer disk, tape, or other machine-readable media 

shall be retained for the period of time such records are required to be 

retained.



(Approved by the Office of Management and Budget under control numbers 

1505-0087 and 1505-0063)



[50 FR 5068, Feb. 6, 1985, as amended at 52 FR 11444, Apr. 8, 1987; 54 

FR 1167, Jan. 12, 1989; 58 FR 13547, Mar. 12, 1993; 59 FR 61662, Dec. 1, 

1994; 61 FR 7056, Feb. 23, 1996; 63 FR 1924, Jan. 13, 1998; 64 FR 45453, 

Aug. 20, 1999]