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FinCEN Prohibits Transmittals of Funds with Three Mexican Financial Institutions

International and Litigation Alert

On June 25, 2025, the Financial Crimes Enforcement Network (FinCEN) issued first-of-their-kind orders (FinCEN Orders) identifying three Mexican financial institutions — CIBanco S.A., Institution de Banca Multiple (CIBanco), Intercam Banco S.A., Institución de Banca Multiple (Intercam), and Vector Casa de Bolsa, S.A. de C.V. (Vector) — as being of "primary money laundering concern in connection with illicit opioid trafficking." The FinCEN Orders against CIBanco, Intercam, and Vector prohibit covered U.S. financial institutions from "engaging in any transmittal of funds," including convertible virtual currency, from or to these three Mexico-based financial institutions, an unprecedented step that could have significant ramifications not only for the three entities but also on U.S. financial institutions and other companies that deal with those entities. The FinCEN Orders apply to CIBanco, Intercam, and Vector, as well as their branches, subsidiaries, and offices in Mexico; transactions with branches, subsidiaries, and offices of these entities that are located outside of Mexico are excluded. The FinCEN Orders provide covered U.S. financial institutions with a short wind-down period, with the terms taking effect on July 21, 2025. There is no stated end date. The FinCEN Orders do not apply to historical transactions with these entities. If covered U.S. financial institutions continue to transact with these entities after July 21, 2025, they may face civil penalties or even criminal penalties for willful violations under the Bank Secrecy Act (BSA).

Overview of the Orders

FinCEN issued these Orders pursuant to the 2024 Fentanyl Eradication and Narcotics Deterrence (FEND) Off Fentanyl Act. Among other things, the FEND Off Fentanyl Act added 21 U.S.C. § 2313a and gives the Secretary of the Treasury the authority, which has been delegated to FinCEN, to find that certain financial institutions, transactions, or accounts are of primary money laundering concern in connection with opioid trafficking and to impose special measures related to those entities, accounts, or transactions. The special measures available to FinCEN include the five special measures previously authorized by 31 U.S.C. § 5318A (commonly referred to as section 311 of the USA PATRIOT Act), as well as a new sixth special measure to "prohibit, or impose conditions upon, certain transmittals of funds" by domestic financial institutions if such transmittal involves the entity that is of primary money laundering concern. In this case, FinCEN applied the sixth special measure for the first time. 
 
Relying in part on "non-public information," FinCEN found "reasonable grounds exist to conclude" that CIBanco, Intercam, and Vector have provided "financial services that facilitate illicit opioid trafficking by Mexico-based [drug trafficking organizations]," including by facilitating transactions that financed the importation of precursor chemicals used in producing illicit synthetic opioids. In particular, FinCEN determined that CIBanco, Intercam, and Vector conducted transactions on behalf of certain cartels, including the Cártel del Golfo, the Beltran-Leyva Organization Cartel, the Cártel de Jalisco Nueva Generación (CJNG), and the Cártel de Sinaloa. The FinCEN Orders note that the Office of Foreign Assets Control (OFAC) has designated all of these cartels pursuant to various programs and that the Department of State designated several of these same cartels as Foreign Terrorist Organizations (FTOs). 

In issuing the Orders, FinCEN stated that drug-trafficking organizations (DTOs) "could not profit on trafficking fentanyl and other synthetic opioids if not for their ability to launder and remit the monetary proceeds back to Mexico," making it "critical to address the role that financial institutions operating outside the United States play in facilitating the money laundering that enables and facilitates the DTOs and their illicit opioid trafficking and related money laundering." 

In addition to the prohibition on transmitting funds, in a related FAQ, FinCEN articulated its expectation that covered domestic financial institutions "(1) implement procedures to ensure compliance with the terms of the orders; and (2) exercise reasonable due diligence to prevent engaging in transmittals of funds involving CIBanco, Intercam, or Vector." Further, while the Orders do not impose new requirements for filing Suspicious Activity Reports (SARs), FinCEN also instructed covered financial institutions to consider FinCEN's finding that CIBanco, Intercam, and Vector are primary money laundering concerns when determining whether to file SARs and provided specific identifiers for doing so (i.e., "CIBanco2313a FIN-2025," "Intercam2313a FIN-2025," and "Vector2313a FIN-2025"). 

Mexico's financial authorities immediately responded to FinCEN's announcement of the Orders:

  • On June 25, 2025, the Ministry of Finance (Secretaría de Hacienda y Crédito Público – SHCP) issued a statement acknowledging the U.S. Treasury's actions but emphasizing that it had not received any probative evidence linking the named institutions to illicit activity. SHCP noted that the National Banking and Securities Commission (Comisión Nacional Bancaria y de Valores – CNBV) had already fined the three institutions for administrative deficiencies in the total amount of 134 million Mexican pesos. 
  • On June 26, 2025, Mexico's National Banking and Securities Commission announced (here and here) that it would intervene and supervise CIBanco, Intercam, and Vector. 
  • Following the FinCEN announcement, CIBanco and Intercam were reportedly disconnected from Mexico's domestic settlement system, a move aimed at preventing capital flight and preserving financial stability. 

Key Takeaways

The Administration's Continued Focus on Cartels and FTOs. As noted by FinCEN, "[c]ombating drug cartels and stopping the flow of deadly drugs into the United States is one of the Trump Administration's highest priorities." Earlier this year, on February 5, 2025, Attorney General Pam Bondi issued a memorandum to Department of Justice (DOJ) personnel entitled "Total Elimination of Cartels and Transnational Criminal Organizations," discussed in more detail here. On May 12, 2025, Matthew R. Galeotti, Head of the DOJ's Criminal Division, issued a memorandum announcing the DOJ's revised Corporate Enforcement and Voluntary Self-Disclosure Policy (CEP) and outlining "enforcement priorities and policies for prosecuting corporate and white collar crimes in the new Administration," as discussed in more detail here. The memorandum identifies a number of priority enforcement areas, including, as relevant here: (1) "[c]onduct that threatens the country's national security, including threats to the U.S. financial system by gatekeepers, such as financial institutions and their insiders that commit sanctions violations or enable transactions by Cartels, [transnational criminal organizations], hostile nation-states, and/or foreign terrorist organizations"; and (2) "[c]omplex money laundering, including Chinese Money Laundering Organizations, and other organizations involved in laundering funds used in the manufacturing of illegal drugs." On June 9, 2025, Deputy Attorney General Todd Blanche issued Guidelines for Investigations and Enforcement of the Foreign Corrupt Practices Act (FCPA), discussed here, in which the DOJ links FCPA enforcement directly with money laundering for cartels. These memoranda confirm that the DOJ will prioritize enforcement of anti-money laundering and related laws, particularly with regard to individuals and entities that facilitate transactions related to the drug trade. 

The FinCEN Orders targeting CIBanco, Intercam, and Vector are the latest, and perhaps most concrete, example of this stated focus. These orders signal a willingness by the Trump administration to aggressively pursue Mexico-based cartels and drug-trafficking organizations through all available means, including by targeting financial institutions that interact with the cartels. Against this new, aggressive enforcement landscape, other foreign financial institutions may want to re-evaluate their compliance programs to ensure that it properly detects and prevents money laundering and terrorist financing. 

Use of Orders in Lieu of Notice and Comment Rulemaking under FEND Off Fentanyl Act. The FinCEN Orders are the first use of the FEND Off Fentanyl Act since its enactment in 2024. Notably, section 2313a permits special measures to be imposed by an agency order without notice and comment rulemaking in contrast to section 311, which has more stringent rulemaking requirements. FinCEN unilaterally issued these orders, which have no end date. 

Compliance Program Updates for Covered Financial Institutions. Notably, the applicability of this special measure under 21 U.S.C. 2313a(2) extends to U.S. financial institutions including banks, broker-dealers, futures commission merchants, brokers in commodities, mutual funds, money services businesses carrying out regulated activities wholly or in substantial part within the U.S., telegraph companies, casinos, card clubs and other gaming establishments with a gross annual gaming revenue exceeding $1 million, and other parties subject to supervision by state or federal bank supervisory authorities. Covered financial institutions should promptly review their compliance programs to ensure alignment with the requirements of the FinCEN Orders. This may include adjusting screening processes to identify customers involved in fund transmittals with CIBanco, Intercam, or Vector, instituting procedures to detect relevant transactions, and assuring appropriate training to ensure escalation and consideration of SAR filing obligations in light of the 2313a orders.

Impact on Other Companies that Are Not Covered Financial Institutions. While the 2313a orders only apply to domestic financial institutions, U.S. and other companies that are not financial institutions might face financial and operational obstacles as an indirect result of the orders. A company operating in Mexico that uses one of the Mexican financial institutions to facilitate international payments involving U.S. financial institutions could face challenges doing so moving forward. For example, on June 30, 2025, Visa took unilateral steps to distance itself from CIBanco and shut down its platform for all international transactions connected to credit cards issued by CIBanco. Relatedly, a company seeking to pay the Mexican entities for providing services such as trustee services could find themselves unable to do so via transfers from U.S. accounts in light of the orders. Even transactions not explicitly covered by the orders may still be impacted, as non-U.S. financial institutions might opt to decline certain transactions involving the Mexican entities due to perceived risk factors. Apart from the operational roadblocks, companies might also perceive ongoing dealings with these entities as generating unacceptable reputational or other risks and discontinue those relationships. 


For more information, please contact:

Matteson Ellis, mellis@milchev.com, 202-626-1477

Jeffrey A. Lehtman, jlehtman@milchev.com, 202-626-1484

Timothy P. O'Toole, totoole@milchev.com, 202-626-5552

Ian A. Herbert, iherbert@milchev.com, 202-626-1496

Maria Elena Lapetina, mlapetina@milchev.com, 202-626-1586

Leah Moushey, lmoushey@milchev.com, 202-626-5896

Franco Jofré, fjofre@milchev.com, 202-626-1585

Alexandra Beaulieu, abeaulieu@milchev.com, 202-626-5922



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