[Federal Register Volume 67, Number 187 (Thursday, September 26, 2002)]
[Notices]
[Pages 60731-60739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24146]



  Federal Register / Vol. 67, No. 187 / Thursday, September 26, 2002 / 
Notices  

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DEPARTMENT OF THE TREASURY


Financial Crimes Enforcement Network; Proposed Collection; 
Comment Request; Suspicious Activity Report by Casinos (SARC)

AGENCY: Financial Crimes Enforcement Network (``FinCEN''), Treasury.

ACTION: Notice and request for comments.

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SUMMARY: As part of its continuing effort to reduce paperwork and 
respondent burden, FinCEN invites comment on a proposed information 
collection contained in a revised form, ``Suspicious Activity Report by 
Casinos.'' The form will be used by casinos and card clubs to report 
suspicious activity to the Department of the Treasury. This request for 
comments 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 are welcome and must be received on or before 
November 25, 2002.

ADDRESSES: Written comments should be submitted to: Office of Chief 
Counsel, Financial Crimes Enforcement Network, Department of the 
Treasury, PO Box 39, Vienna, Virginia 22183, Attention: PRA Comments--
SAR-Casinos Form. Comments also may be submitted by electronic mail to 
the following Internet address: [email protected], again 
with a caption, in the body of the text, ``Attention: PRA Comments--
SAR-Casinos Form.''
    Inspection of comments. Comments may be inspected, between 10 a.m. 
and 4 p.m., in the FinCEN reading room in Washington, DC. Persons 
wishing to inspect the comments submitted must request an appointment 
by telephoning (202) 354-6400.

FOR FURTHER INFORMATION CONTACT: Leonard Senia, Senior Regulatory 
Program Specialist, FinCEN, or Russell Stephenson, Regulatory program 
analyst, FinCEN, at (202) 354-6015; Judith R. Starr, Chief Counsel and 
Christine L. Schuetz, Attorney-Advisor, FinCEN, at (703) 905-3590.

SUPPLEMENTARY INFORMATION:
    Title: Suspicious Activity Report by Casinos.
    OMB Number: 1506-0006.
    Form Number: TD F 90-22.49.
    Abstract: The statute generally referred to as the ``Bank Secrecy 
Act,'' Titles I and II of Public Law 91-508, as amended, codified at 12 
U.S.C. 1829b, 12 U.S.C. 1951-1959, and 31 U.S.C. 5311-5332, authorizes 
the Secretary of the Treasury, inter alia, to require financial 
institutions to keep records and file reports that are determined to 
have a high degree of usefulness in criminal, tax, and regulatory 
matters, or in the conduct of intelligence or counter-intelligence 
activities, to protect against international terrorism, and to 
implement counter-money laundering programs and compliance 
procedures.\1\ Regulations implementing Title II of the Bank Secrecy 
Act appear at 31 CFR part 103. The authority of the Secretary to 
administer the Bank Secrecy Act has been delegated to the Director of 
FinCEN.
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    \1\ Language expanding the scope of the Bank Secrecy Act to 
intelligence or counter-intelligence activities to protect against 
international terrorism was added by Section 358 of the Uniting and 
Strengthening America by Providing Appropriate Tools Required to 
Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 (the 
``USA Patriot Act''), Public Law 107-56.
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    The Secretary of the Treasury was granted authority in 1992, with 
the enactment of 31 U.S.C. 5318(g), to require financial institutions 
to report suspicious transactions. Published elsewhere in this issue of 
the Federal Register, is a final rule requiring casinos and card clubs 
to report suspicious transactions to FinCEN.
    The information collected on this revised form is required to be 
provided pursuant to 31 U.S.C. 5318(g) and 31 CFR 103.21. This 
information will be made available, in accordance with strict 
safeguards, to appropriate criminal law enforcement and regulatory 
personnel for use in official performance of their duties, for 
regulatory purposes and in investigations and proceedings involving 
domestic and international money laundering, tax violations, fraud, and 
other financial crimes.
    Reports filed by casinos required to report suspicious transactions 
under 31 CFR 103.21, and any reports filed voluntarily by casinos will 
be subject to the protection from liability contained in 31 U.S.C. 
5318(g)(3) and the provision contained in 31 U.S.C. 5318(g)(2) which 
prohibits notification of any person involved in the transaction that a 
suspicious activity report has been filed.
    The draft revised SAR by Casinos is presented only for purposes of 
soliciting public comment on the form. This form should not be used at 
this time to report suspicious activity. A final version of the form 
will be made available at a later date.
    Type of Review: Revised form for information collection.
    Affected public: Business or other for-profit institutions.
    Frequency: As required.
    Estimated Burden: Reporting average of 45 minutes per response. 
This burden relates to the completion of the SARC form. The 
recordkeeping burden of 31 CFR 103.21 is reflected in the final rule 
requiring casinos and card clubs to file reports of suspicious 
activity.
    Estimated number of respondents = 550.
    Estimated Total Annual Responses = 3,000.
    Estimated Total Annual Burden Hours: 2,250 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.
    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 
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: September 11, 2002.
James F. Sloan,
Director, Financial Crimes Enforcement Network.

Attachment: Suspicious Activity Report by Casinos
BILLING CODE 4810-02-P

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[FR Doc. 02-24146 Filed 9-25-02; 8:45 am]
BILLING CODE 4810-02-C