[Federal Register Volume 64, Number 202 (Wednesday, October 20, 1999)]
[Notices]
[Pages 56576-56577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27403]


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DEPARTMENT OF THE TREASURY

Financial Crimes Enforcement Network
Customs Service


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Report of International Transportation of Currency or 
Monetary Instruments

AGENCY: Financial Crimes Enforcement Network (FinCEN) and United States 
Customs Service (Customs).

ACTION: Notice and request for comments.

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SUMMARY: As part of its continuing effort to reduce paperwork and 
respondent burden, FinCEN and Customs invite the general public and 
other Federal agencies to comment on an information collection 
requirement concerning the Report of International Transportation of 
Currency or Monetary Instruments. This request for comment is being 
made pursuant to the Paperwork Reduction Act of 1995, Public Law 104-13 
(44 U.S.C. 3506(c)(2)(A)).

DATES: Written comments should be received on or before December 20, 
1999 to be assured of consideration.

ADDRESSES: Direct all written comments to: FinCEN: Office of Chief 
Counsel, Financial Crimes Enforcement Network, Department of the 
Treasury, Suite 200, 2070 Chain Bridge Road, Vienna, VA 22182-2536, 
Attention: PRA Comments--Report of International Transportation of 
Currency or Monetary Instruments. Comments also may be submitted by 
electronic mail to the following Internet address: 
``[email protected]'' with the caption in the body of the 
text, ``Attention: PRA Comments--Report of International Transportation 
of Currency or Monetary Instruments.''
    Customs: U.S. Customs Service, Attn.: Joseph R. Catanzarite, 
Financial Investigations, 1300 Pennsylvania Ave., NW, Room 7.2C, 
Washington, DC 20229.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or 
for a copy of the form should be directed to: FinCEN: Christine 
Schuetz, Attorney-Advisor, FinCEN, at (703) 905-3644, or Anna Fotias, 
Chief, Regulatory Outreach Programs, FinCEN, at (703) 905-3695.
    Customs: U.S. Customs Service, Attn.: Joseph R. Catanzarite, 1300 
Pennsylvania Ave., NW, Room 7.2C, Washington, DC 20229. Tel. (202) 927-
1520.

SUPPLEMENTARY INFORMATION:
    Title: Report of International Transportation of Currency or 
Monetary Instruments.
    OMB Number: 1515-0079.
    Form Number: Customs Form 4790.
    Abstract: The Bank Secrecy Act, Titles I and II of Pub. L. 91-508, 
as amended, codified at 12 U.S.C. 1829b, 12 U.S.C. 1951-1959, and 31 
U.S.C. 5311-5330, authorizes the Secretary of the Treasury, inter alia, 
to issue regulations requiring records and reports that are determined 
to have a high degree of usefulness in criminal, tax, and regulatory 
matters. Regulations implementing Title II of the Bank Secrecy Act 
(codified at 31 U.S.C. 5311-5330) appear at 31 CFR part 103. The 
authority of the Secretary to administer Title II of the Bank Secrecy 
Act has been delegated to the Director of FinCEN.
    The Bank Secrecy Act specifically states that ``a person or an 
agent or bailee of the person shall file a report * * * when the 
person, agent, or bailee knowingly--(1) transports, is about to 
transport, or has transported, monetary instruments of more than 
$10,000 at one time--(A) from a place in the United States to or 
through a place outside the United States; or (B) to a place in the 
United States from or through a place outside the United States; or (2) 
receives monetary instruments of more than $10,000 at one time 
transported into the United States from or through a place outside the 
United States.'' 31 U.S.C. 5316(a). The requirement of 31 U.S.C. 
5316(a) has been implemented through regulations promulgated at 31 CFR 
103.23 and through the instructions to the Report of International 
Transportation of Currency or Monetary Instruments (CMIR), U.S. Customs 
Service Form 4790.
    Information collected on the CMIR is made available, in accordance 
with strict safeguards, to appropriate criminal law enforcement and 
regulatory personnel in the official performance of their duties. The 
information collected is of use in investigations involving 
international and domestic money laundering, tax evasion, fraud, and 
other financial crimes.
    Current Actions: The CMIR is being revised to clarify the 
instructions to the form. The form is also being streamlined by 
combining Parts I and II of the form now in use into one part; as a 
result, the items on the form are being renumbered. Finally, two 
questions on the form are being revised slightly to make them more 
useful. Question 15 of Part II (question 27c of the form now in use) is 
revised to add after ``Type of Business Activity, Occupations, or 
Profession'' a box to check when the business is a bank. Under Part 
III, Currency and Monetary Instrument Information, the entry for other 
instruments is revised to read ``Specify type, issuing entity and date, 
and serial or other identifying number.''
    Type of Review: Revision of currently approved collection.
    Affected Public: Individuals, business or other for-profit 
institutions, not-for-profit institutions.
    Estimated Number of Respondents: 180,000.
    Estimated Time Per Respondent: 11 minutes.
    Estimated Total Annual Burden Hours: 33,000 hours.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless the collection of 
information displays a valid OMB control number. Records required to be 
retained under the Bank Secrecy Act must be retained for five years. 
Generally, information collected pursuant to the Bank Secrecy Act is 
confidential, but may be shared as provided by law with regulatory and 
law enforcement authorities.

Request for Comments

    Comments submitted in response to this notice will be summarized 
and/or included in the request for OMB approval. All comments will 
become a matter of public record. Comments are invited on: (a) Whether 
the collection of information is necessary for the proper performance 
of the functions of the agency, including whether the information shall 
have practical utility; (b) the accuracy of the agency's estimate of 
the burden of the collection of information; (c) ways to enhance the

[[Page 56577]]

quality, utility, and clarity of the information to be collected; (d) 
ways to minimize the burden of the collection of information on 
respondents, including through the use of automated collection 
techniques or other forms of information technology; and (e) estimates 
of capital or start-up costs and costs of operation, maintenance and 
purchase of services to provide information.

    Dated: October 14, 1999.
James F. Sloan,
Director, Financial Crimes Enforcement Network, Department of the 
Treasury.

    Dated: October 12, 1999.
J. Edgar Nichols,
Team Leader, Information Services Group, United States Customs Service.
[FR Doc. 99-27403 Filed 10-19-99; 8:45 am]
BILLING CODE 4820-03-P