I. INTRODUCTION
For several years, regulations have required banks to report “suspicious activities” and “suspicious financial transactions” affecting the assets or the affairs of the bank, including suspected violations of the Bank Secrecy Act or money laundering laws to the appropriate bank regulator, the United States Attorney or the appropriate federal law enforcement agency on either a “Criminal Referral Report” or “Report of Apparent Crime.”
Federal regulatory agencies issued separate but similar rules and adopted a uniform multi-agency “Suspicious Activity Report” (SAR) form to replace the former reporting forms. The revised rules more clearly define situations requiring reports and also provide that a bank report to its board of directors when a report is filed. The rules and SAR form were effective April 1, 1996.
The SAR form is designed to facilitate compliance with suspicious activity reporting requirements (by eliminating previous duplicative reporting of suspicious financial transactions) and to enhance law enforcement agencies’ ability to investigate matters reported. The rules also contain bank confidentiality and “safe harbor” provisions.
II. REPORTING REQUIREMENTS
The “Suspicious Activity Reports” regulations require a bank to promptly and systematically file a SAR when it detects a known or suspected violation of any federal law or a suspicious transaction related to a money laundering activity or a violation of the Bank Secrecy Act.
A. Report to Federal Law Enforcement Agencies
When Reports are Required. Under the regulations, a bank is required to file a completed SAR with FinCEN (“Financial Crimes Enforcement Network,” U.S. Department of the Treasury), Detroit Computing Center, PO Box 33980, Detroit, MI 48232 in the following circumstances:
1. Insider Abuse Involving Any Amount
Whenever the bank detects any known or suspected Federal criminal violation, or pattern of criminal violations, committed or attempted against the bank or involving a transaction or transactions conducted through the bank, where the bank believes that it was either an actual or potential victim of a criminal violation, or series of criminal violations, or that the bank was used to facilitate a criminal transaction, and the bank has a substantial basis for identifying one of its directors, officers, employees, agents or other institution-affiliated parties as having committed or aided in the commission of a criminal act, regardless of the amount involved in the violation.
2. Transactions Aggregating $5,000 or More Where a Suspect can be Identified
Whenever the bank detects any known or suspected Federal criminal violation, or pattern of criminal violations, committed or attempted against the bank or involving a transaction or transactions conducted through the bank and involving or aggregating $5,000 or more in funds or other assets where the bank believes that it was either an actual or potential victim of a criminal violation, or series of criminal violations or that it was used to facilitate a criminal transaction, and the bank has a substantial basis for identifying a possible suspect or group of suspects. If it is determined prior to filing this report that the identified suspect or group of suspects has used an alias, then information regarding the true identity of the suspect or group of suspects, as well as alias identifiers, such as drivers’ license or social security numbers, addresses and telephone numbers, must be reported.
3. Transactions Aggregating $25,000 or More Regardless of Potential Suspects
Whenever the bank detects any known or suspected Federal criminal violation, or pattern of criminal violations, committed or attempted against the bank or involving a transaction or transactions conducted through the bank and involving or aggregating $25,000 or more in funds or other assets where the bank believes that it was either an actual or potential victim of a criminal violation, or series of criminal violations, or that the bank was used to facilitate a criminal transaction, even though there is no substantial basis for identifying a possible suspect or group of suspects.
4. Transactions Aggregating $5,000 or More That Involve Potential Money Laundering or Violate the Bank Secrecy Act
Any transaction (which means a deposit, withdrawal, transfer between accounts, exchange of currency, loan, extension of credit, or purchase or sale of any stock, bond, certificate of deposit, or other monetary instrument or investment security, or any other payment, transfer, or delivery by, through, or to a financial institution, by whatever means effected) conducted or attempted by, at or through the bank and involving or aggregating $5,000 or more in funds or other assets, if the bank knows, suspects, or has reason to suspect that:
a. The transaction involves funds derived from illegal activities or is intended or conducted in order to hide or disguise funds or assets derived from illegal activities (including, without limitation, the ownership, nature, source, location, or control of such funds or assets) as part of a plan to violate or evade any law or regulation or to avoid any transaction reporting requirement under Federal law;
b. The transaction is designed to evade any regulations promulgated under the Bank Secrecy Act; or
c. The transaction has no business or apparent lawful purpose or is not the sort in which the particular customer would normally be expected to engage, and the institution knows of no reasonable explanation for the transaction after examining the available facts, including the background and possible purpose of the transaction.
Timing of Reports. A bank must file a SAR no later than 30 calendar days after the date of the initial detection of the facts described in 1. through 4. above. Reporting may be delayed an additional 30 calendar days if no suspect has been identified, or until a suspect has been identified; but in no case may reporting of unidentified suspects be delayed more than 60 calendar days after the date of detecting a known or suspected violation.
Additional Notification. In situations involving violations requiring immediate attention or where a reportable violation is ongoing, the bank must immediately notify, by telephone or other expeditious means, an appropriate law enforcement agency and the appropriate banking regulator’s regional office (e.g., FDIC Regional Office, Division of Supervision) in addition to timely filing a SAR.
Special Guidance on Reporting of Computer Crimes. The FBI, federal law enforcement agencies and federal bank regulatory agencies developed jointly a guideline for bank reporting of alleged violations of the federal criminal law relating to “computer crimes” (18 U.S.C. § 1030 – Fraud and Related Activity in Connection with Computers). The guidance, issued in December, 1997, informs banks on how to timely and accurately use SARs to report apparent violations of federal computer crimes. The guideline describes the federal computer crimes law, giving examples of violations and instructions on how to report apparent violations on a SAR.
Under 18 U.S.C. § 1030, any computer used exclusively by a financial institution (or if not exclusively for such use, is used by or for a financial institution where the conduct constituting the offense affects that use) is covered as a “protected computer.” There are three pertinent provisions of the law that should be called to your attention:
Finally, § 1030(a)(6) prohibits the trafficking in passwords knowingly and with intent to defraud and § 1030(a)(7) prohibits the transmission of threats to cause damage to a protected computer with intent to extort money. Section 1030 violations are punishable by fines or imprisonment of up to 10 years.
A bank should report any activity that appears to violate the provisions of 18 U.S.C. § 1030 on a SAR. When a reportable offense is detected, the bank should check Box 37r, that is marked “Other” and describe, as completely as possible in Part VII, the nature of the illegal or suspicious activity. This guideline was considered necessary to issue because the 17 categories of crimes and suspicious activities do not specify “computer crimes.”
Exemptions from Reporting. A SAR need not be filed for (a) robberies, burglaries and larcenies that are reported to law enforcement authorities; and (b) lost, missing, counterfeit or stolen securities if a report is filed pursuant to the reporting requirements of 17 C.F.R. § 240.17f-1.
B. Report to State Authorities
Banks are encouraged, but not required, to file a copy of the SAR with state and local law enforcement agencies where appropriate.
C. Report to Board of Directors
Bank management must promptly notify its board of directors, or a designated committee thereof, of any report filed pursuant to the regulation. Compliance Note: The board of directors should note any report in the minutes of the board of directors’ meeting. Use of the term “promptly notify” might be interpreted to mean a regularly scheduled meeting unless the estimated loss is of such magnitude that it would have a significant impact on bank safety and soundness. In view of the confidentiality provisions discussed below, if the subject of a SAR filing involves a bank director or executive officer, the bank should be careful not to notify the suspect, but must report to all directors who are not suspects.
III. RECORD RETENTION
Banks are required to maintain copies of any filed SAR and the originals or business record equivalent of any supporting documents. Banks should not submitoriginal documents to FinCEN, regulatory agencies or law enforcement authorities with each report filed. Supporting documentation is to be made available to appropriate agencies only upon request. A copy of each SAR and all original documentation isretained for five years from the date of the form.
IV. CONFIDENTIALITY AND “SAFE HARBOR” PROVISIONS
SARs are to be treated confidentially. A person subpoenaed or otherwise requested to disclose a SAR or information contained in a SAR must decline to produce the report or information and must cite the regulation (e.g., FDIC – 12 C.F.R. Part 353; OCC – 12 C.F.R. Part 21; FRB – 12 C.F.R. Parts 208, 211 and 225; or Treasury – 31 C.F.R. Part 103), applicable law (e.g., 31 U.S.C. § 5318(g)) or both. FinCEN and the appropriate bank regulator must be notified if a person is subpoenaed or otherwise requested to disclose a SAR or information contained in a SAR so that the federal agencies may determine whether they should intervene in the proceedings. A bank, and any director, officer, employee, or agent of the bank who reports must not notify any person involved in the transaction that the transaction has been reported. The bank, and any director, officer, employee, or agent of the bank will be protected from liability for any disclosure contained in a SAR or for failure to disclose the fact of such report. This “safe harbor” applies regardless of whether the SAR was filed pursuant to regulation or on a voluntary basis. In addition to strengthening these “safe harbor” provisions, § 351 of the USA PATRIOT Act also provides a safe harbor from liability so that information reported as suspicious may be disclosed by a financial institution in a written employment reference or a written termination notice provided to a self-regulatory agency. Although information may be disclosed under such circumstances, a financial institution may not disclose the fact that a SAR was filed.
Federal regulatory agencies issued an “Interagency Advisory” (FIL-36-98, April 9, 1998) to clarify “safe harbor” protections afforded to banks and bank employees when reporting suspicious or possible criminal activities to the appropriate authorities. The advisory alleviates any concerns that could result from reading two 11th Circuit United States Court of Appeals decisions. These cases involved separate banks [Lopez v. First Union National Bank of Florida, 129 F.3d 1186 (11th Cir. 1997) and Coronadov. BankAtlantic Bancorp., Inc., 129 F.3d 1186 (11th Cir. 1997)]. Bank customers from each bank alleged that the banks improperly disclosed customer account information to federal law enforcement authorities. In both cases, the court stated that the banks’ alleged conduct would not have amounted to a good faith determination as to whether suspicious activity had occurred to warrant the banks’ disclosures. The interagency advisory notes that, despite the troubling nature of these court opinions, neither case had reached a final decision and that the court had only determined that the claims merited further review.
In the Lopez case, in response to an oral request from federal law enforcement authorities, the bank provided access to the contents of two wire transfers. There was no evidence that the bank had a “good faith” suspicion that either a law or regulation may have been violated. The court’s opinion noted that the “safe harbor” was not intended to protect disclosures made in response to “government officials’ unexplained request or unvarnished instructions for financial records.” The bank was not found to have made its own determination that there was some reason to be suspicious and make appropriate disclosures to law enforcement.
In the Coronadocase, when the bank first notified federal law enforcement authorities of “unusual amounts” and “unusual movements” of money in some bank accounts, the federal agents were subsequently granted access to the “detailed contents” of the funds transfers related to almost 1,100 accounts. The court again ruled that “safe harbor” protections are not applicable if the bank cannot show that it had determined in good faith that there was any connection between the suspicious activity it detected and the information subsequently disclosed from over a thousand accounts.
The interagency advisory notes that both cases arise from facts that predate the recent SAR process (effective April 1, 1996) and that the cases “in no way affect a financial institution’s obligation to report known or suspected crimes and suspicious transactions.” The agencies
. . . remain confident that the “safe harbor” will protect financial institutions and their employees, who file a SAR in accordance with applicable agency regulations, because even under the “good faith” standard enunciated in the two cases, the “safe harbor” would apply to financial institutions that report known or suspected criminal violation and suspicious transactions in this manner. In addition, once a bank has filed a SAR and has identified and maintained related documentation, such documentation is deemed filed with the SAR and may then be made available to law enforcement agencies upon request without the need for a grand jury subpoena.
The joint agency advisory concludes by stressing the importance of banks setting up an “internal process to handle the filing of SARs and any requests from law enforcement agencies.” If a law enforcement agency requests bank customer records and the bank has not previously filed a SAR on the customer, the bank should either request to be served with a grand jury subpoena or otherwise obtain sufficient information from the law enforcement agency to form a sufficient basis for filing a SAR.
The 2nd Circuit Court of Appeals handed down a third case on February 10, 1999. In Lee v. Bankers Trust Co. (Docket No. 98-7504), an employee sued the bank on a defamation of character claim, alleging that the bank filed a SAR based on his alleged wrongdoing. The bank, in compliance with the law, neither confirmed nor denied that it even filed a SAR or any information contained within it. The Lee court stated, in part:
The plain language of the safe harbor provision describes an unqualified privilege, never mentioning good faith . . .the Act broadly and unambiguously provides for immunity from any law (except the federal Constitution) for any statement made in an SAR by anyone connected to a financial institution. There is not even a hint that the statements must be made in good faith in order to benefit from immunity. Based on the unambiguous language of the Act, [the bank’ enjoys immunity from liability for its filing of, or any statement made in, an SAR. While reassuring banks that the agencies are confident of the “safe harbor” protections when agency regulations and SAR filing instructions are followed, the federal bank regulatory agencies also offer assistance to any bank with questions concerning the scope or application of reporting or that seeks guidance on establishing a process for providing information to law enforcement agencies.
The OCC amended its disclosure regulation effective June 1, 1999 (See, 12 C.F.R. Par 4) to clarify that SARs are non-public documents and that both current as well as former OCC employees and agents are subject to restrictions on the disclosure of non-public information.
FinCEN Statement on Unauthorized Disclosure of Suspicious Activity Reports
In response to the press receiving unauthorized and unlawful disclosures of certain SARs in the spring of 2004, the Director of FinCEN directed the formation of a subcommittee of the Bank Secrecy Act Advisory Group to study and recommend to the Group additional measures to be considered by regulatory, law enforcement and financial institutions to guard against such unauthorized disclosures. As a result, the following statement was posted FinCEN’s website on August 18, 2004, which states the following:
The unauthorized disclosure of Suspicious Activity Reports is not only a violation of federal criminal law, but it undermines the very purpose for which the suspicious activity reporting system was created - the protection of our financial system through the prevention, detection, and prosecution of financial crimes and terrorist financing. The unauthorized disclosure of Suspicious Activity Reports can compromise the national security of the United States as well as threaten the safety and security of those institutions and individuals who file such reports. The Bank Secrecy Act Advisory Group is committed to continuing to work with the Financial Crimes Enforcement Network, the federal functional regulatory agencies, law enforcement, and the financial services industry to ensure that the information contained in Suspicious Activity Reports is safeguarded, and that anyone who makes an intentional, unauthorized disclosure of a Suspicious Activity Report is brought to justice, whether that person is inside or outside of the Government.
V. SUSPICIOUS ACTIVITY REPORT FORM AND GUIDANCE
The Federal Reserve Board, FDIC, OCC, OTS and NCUA joined with the Financial Crimes Enforcement Network (FinCEN) in issuing a revised Suspicious Activity Report (SAR) which must be used, commencing January 1, 2001.
A new guidance and software were developed to assist in preparing and filing a SAR. The revised SAR, new guidance and software may be found on the web sites of each federal regulator (www.federalreserve.gov, www.fdic.gov, www.occ.treas.gov and FinCEN www.fincen.gov).
Financial institutions have several preparation and filing options (See, SAR Instructions) that include:
Preparation Guidelines for Suspicious Activity Report Form, dated June 2000, became effective June 19, 2000, superseding previous guidelines issued in February 1997. The following is a summary of the guidelines.
Dates. When dates are requested, use the “mm/dd/yyyy” format. Zero (0) should precede any single digit number. When the month or day is not available or unknown, enter zeros in the “mm” and “dd” spaces.
Numbers. When information about monetary amounts is requested, use the “$0,000,000” format, rounding to the nearest dollar and reporting in US Dollars. No notation of cents should be made.
Item 1 – Corrects Prior Report. In correcting a previously filed report, check the box at the top of the report (line 1), complete the entire SAR with the corrected information in the applicable boxes. Describe changes t being made in Part V, (Suspicious Activity Information Explanation/Description), line k.
Part I – Reporting Financial Institution (FI) Information
Item 2 – Name of FI. Full legal name of the FI.
Item 3 – EIN. FI’s 9-digit Employer Identification Number (without “alpha” characters or other substitutes).
Item 4 – Address of FI. Street address of the FI shown in Item 2 (Post Office Box number used only if there is no street address).
Item 5 – Primary Federal Regulator. Box marked reflects the FI’s primary federal regulator.
Item 6 – City. City where the FINANCIAL INSTITUTIONS is located.
Item 7 – State. Use U.S. Postal Service’s 2- letter state abbreviation.
Item 8 - Zip Code. Zip code corresponding to address shown in Items 6 and 7 (first five digits mandatory and if last four digits are known, please include).
Item 9 – Address of Branch Office(s) where activity occurred. If location of suspicious activity is different from that provided in Item 4, enter the street address of the branch or office where activity occurred (Post Office Box number may be used if there is no street address), but if suspicious activity occurred at more than one branch, check the box indicating multiple branches and include information in Part V, Suspicious Activity Information Explanation/Description.
Item 10 – City. City where branch in Item 9 is located.
Item 11 – State. Use U.S. Postal Service’s 2- letter state abbreviation.
Item 12 – Zip Code. Zip code corresponding to address shown in Items 6 and 7 (first five digits mandatory and if last four digits are known, please include).
Item 13 – Date Closed. For a closed FINANCIAL INSTITUTIONS, enter the date of closure in the format for entering dates described above.
Item 14 – Account Number(s) affected. Account(s) numbers were affected by suspicious activity (and if more than four accounts are affected, provide additional account numbers in Part V). If no account is affected, leave Item 14 blank. For each account listed, check the appropriate box if the account is still open or is closed.
Part II – Suspect Information
If information on a suspect is unavailable, check box “Suspect Information Unavailable” to inform law enforcement and regulators that this information has not been inadvertently omitted.
Items 15, 16 and 17 – Name of Individual or Entity. When suspicious activity involves an individual, enter his or her last name in Item 15, first name in Item 16 and middle name or initial in Item 17 (where there is no middle name or initial, leave Item 17 blank). When suspicious activity involves an organization, enter its name in Item 15, leaving Items 16 and 17 blank. If the FINANCIAL INSTITUTIONS has knowledge of a separate “doing business as” name, enter the individual or organization’s name in Item 15 followed by the phrase “DBA” and the name of the business. When more space is needed to report the DBA, use Items 16 and 17. If more than one Part II is necessary, attach additional copies of page 1 to report additional suspects. If both formal and alias names are established, enter the full legal name in Items 15, 16 and 17 and alias name(s) in Part V.
Item 18 – Address. Permanent street address (including apartment or suite numbers) of person identified in Items 15, 16 and 17. A Post Office Box is used only if there is no street address. If the individual or organization is from a foreign country, enter the foreign country address.
Item 19 – SSN, EIN or TIN. For individuals listed in Items 15-17, enter his or her Social Security Number (SSN) or Taxpayer Identification Number (TIN) and for organizations, enter its Employer Identification Number (EIN).
Items 20, 21 and 22 – City, State, Zip Code. For individuals listed in Items 15-17 enter the city, state or territory and zip code in which the person resides and for organizations, the city in which the organization is located. If the address is from a foreign country, provide the street address, city, province, or state and postal code (if known).
Item 23 – Country. Except for the United States, write out the full name of the country corresponding to information in Items 20, 21 and 22.
Items 24 and 25 – Telephone Numbers. Home telephone area code and number for individual entered in Items 15 – 17 or business telephone area code and number for organization entered in Items 15 - 17.
Item 26 – Occupation/Type of Business. Occupation, profession or business of person on whose behalf the transaction(s) was conducted. E.g., secretary, shoe salesman, carpenter, attorney, housewife, restaurant owner, liquor store clerk, etc., but do not use non-specific terms (merchant, self-employed, businessman, etc.)
Item 27 – Date of Birth. If individual named in Items 15 - 17, enter date of birth using the date format described above.
Item 28 – Admission/Confession. Whether suspect made an admission or confession or not, check appropriate Box a or b.
Item 29 – Forms of Identification for Suspect. Check appropriate box for the form of identification provided by the suspect, using lines provided to give specific data, e.g., driver’s license or passport number and issuing authority. In box d (“other”) give a brief explanation in space provided, but if more space is needed, enter information in Part V.
Item 30 – Relationship to Financial Institution. Check all boxes identifying suspect relationship with the FINANCIAL INSTITUTIONS and if the “other” box is checked, provide a brief explanation on the adjacent blank space (if more space is required, enter information in Part V).
Item 31 – Is the relationship an insider relationship? Whether suspect is an insider relationship depends upon checking box a. or b. If an insider relationship, indicate if suspect is employed, suspended, terminated or has resigned by checking box c, d, e or f.
Item 32 - Date of Suspension, Termination, Resignation. Date suspect was suspended, terminated or resigned by using the date format described above.
Part III – Suspicious Activity Information.
Item 33 - Date or date range of suspicious activity. Enter first and last known date of suspicious activity, but If only one date applies, include this date in the “From” field using the instructions at the beginning of these Guidelines. If multiple or related activity is conducted by the individual during the reporting period, the FI may report all activity on one SAR. Enter the date of the initial activity in the “From” field and the last occurrence date in the “To” field (first known date is a mandatory field).
Item 34 - Dollar amount involved. Enter the dollar amount involved in the suspicious activity (when less than a full dollar is involved, round it to the next highest dollar), noting that an aggregate total of all transactions for multiple or related suspicious activities by the same individual or organization within the same reporting period may be reported here. A break- out of the aggregate may then be listed in Part V.
Item 35 - Summary characterization of suspicious activity. Check all boxes that identify the suspicious activity and if “other” is checked, enter a brief explanation in the adjacent space. To report potential terrorist-related activity, check the “other” box and note the word “terrorism” in the space following. This space is not to be used in lieu of a full description of the activity required in Part V, Suspicious Activity Information Explanation/Description (a mandatory field.)
Item 36 - Amount of loss prior to recovery. If FI lost funds or assets, the dollar value prior to any recovery is reported here.
Item 37 - Dollar amount of recovery. When funds or assets are recovered by the FI, the dollar value of the recovery is reported here, using whole dollars only, rounded up to the next dollar.
Item 38 - Has the suspicious activity had a material impact on or otherwise affected the financial soundness of the institution? Check appropriate Box a or b.
Item 39 - Has the institution’s bonding company been notified? Check appropriate Box a or b.
Items 40, 41, 42, 43 and 44 - If the violation requires immediate attention contact appropriate law enforcement agencies. Check appropriate box(es) reporting which law enforcement agencies have been advised by telephone, written communication or otherwise. The name of the person(s) contacted, and telephone number(s) are listed in Items 41-44. Note that contact with law enforcement agencies does not relieve the FI from filing a SAR.
Part IV - Contact for Assistance.
Items 45, 46, and 47 - Contact Person’s Name. Name of the person to be contacted for additional information (Guidance notes that it is helpful if individual identified has specific knowledge of underlying facts).
Item 48 - Title/Occupation. Contact person’s title or occupation.
Item 49 - Phone Number. Area code and telephone number where the contact person can be reached.
Item 50 - Date Prepared. Date SAR was prepared in the date format described above.
Item 51 – Agency. If SAR is not being filed by a FI, name of government agency or organization.
Part V -- Suspicious Activity Information Explanation/Description
This section is where the filer provides a complete narrative and chronological account of what is unusual, irregular or suspicious about a transaction, including material indicated in Part V with any other information you believe necessary to assist investigators to understand the transaction you are reporting. If necessary, the narrative may be continued on a copy of this SAR page. Supporting documentation, e.g., spreadsheets, photocopies of canceled checks or other documents, surveillance photos, etc., are retained at the FI. Indicate in Part V what documentation is being retained.
VI. FINANCIAL TERROR HOTLINE
FinCEN encourages financial institutions to report suspicious transactions that may relate to terrorist activity by calling its 24-hour hotline at (866) 556-3974. The hotline is intended to provide law enforcement agencies and other authorized SAR recipients with immediate detailed information about such suspicious activities. Use of the hotline is voluntary and the hotline does not serve as a substitute for a financial institution’s duty to file a SAR according to FinCEN. Financial institutions also may contact the local FBI field offices about terrorist-related transactions requiring immediate attention.
VII. CONCLUSION
FinCEN’s Detroit Computing Center receives and processes both currency transaction reports (CTRs) as well SARs. If your bank sends CTRs and SARs by US Postal Service, then the respective forms should be sent to the address printed in the form instructions. If your bank sends CTRs and SARs by UPS, FedEx or other non-US Postal Service carriers that do not deliver to Post Office boxes, then the forms should be sent to: Detroit Computing Center, 985 Michigan Avenue, Detroit, MI 48226-1129. The Patriot Act Communications System (PACS) allows CTRs and SARS to be filed quickly and securely over the internet. To participate in PACs, your bank must apply for and receive a digital certificate from a government-approved certificate authority (for information, click on www.fincen.gov/).
SAR regulations are found at: Department of the Treasury, Financial Crimes Enforcement Network 12 C.F.R. Part 103; Federal Reserve Board 12 C.F.R. Part 208 (Regulation H, § 208.20); FDIC 12 C.F.R. Part 353; and OCC 12 C.F.R. Part 21.