WASHINGTON — Independent ATM deployers such as Cardtronics, the parent company of the Allpoint Network, likely breathed a sigh of relief yesterday when the U.S. Treasury Department's Financial Crimes Enforcement Network (FinCEN) determined that it did not have to comply with its regulations as a currency dealer or exchanger or as a money transmitter.

"The owner-operator of the ATM is not in the business of buying and selling currency for the customer. In such circumstances, the owner-operator would not be doing business as a currency dealer or exchanger as that term is defined in our regulations," FinCEN said in regulatory guidance on the questions. Likewise, "The ATM is unable to transmit funds to third parties or to customer accounts at other financial institutions. In consequence, the owner-operator would not be doing business that meets the definition of 'money transmitter' as that term is defined in our regulations," FinCEN added.

However, the guidance appeared to restrict itself pretty closely to simple cash dispensing ATMs and did not address ATM like machines which are able to do more complex functions like accept and cash checks or provide money wire services.