[Federal Register Volume 68, Number 11 (Thursday, January 16, 2003)]
[Notices]
[Pages 2398-2401]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-909]


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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 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 must be received on or before March 17, 2003, 
to be assured of consideration.

ADDRESSES: Direct all written comments to:
FinCEN: Office of Chief Counsel, Financial Crimes Enforcement Network, 
Department of the Treasury, P.O. Box 39, Vienna, VA 22183-0039, 
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.: Walter Wilkowski, Financial 
Investigations, 1300 Pennsylvania Ave., NW., Room 7.2C, Washington, DC 
20229. Telephone (202) 927-1469.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or 
for a copy of the form should be directed to:

FinCEN: Russell Stephenson, Office of Regulatory Programs, FinCEN, at 
(202) 354-6400 (This is not a toll free number).
Customs: U.S. Customs Service, Attn.: Walter Wilkowski, 1300 
Pennsylvania Ave., NW., Room 7.2C, Washington, DC 20229. Tel. (202) 
927-1469.

SUPPLEMENTARY INFORMATION:
    Title: Report of International Transportation of Currency or 
Monetary Instruments.
    OMB Number: 1506-0014.
    Form Number: Customs form 4790.
    Abstract: 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. 5311-5330, 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 increase the 
reliability of the data for investigative purposes and to clarify data 
fields on the form. Most data fields have been modified to include 
lines or boxes. A section has been designated for those transporting 
currency or monetary instruments (part II). The section required for 
mailing or shipping has been ``shaded'' and separated into its own 
section (part IV) to distinguish it from the rest of the form. The 
``Other monetary instruments'' field has been expanded to include 
specific types of monetary instruments so that filers can easily select 
the appropriate type(s) they are transporting.
    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: 250,000.
    Estimated Time Per Respondent: 11 minutes.
    Estimated Total Annual Burden Hours: 45,834 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.

[[Page 2399]]

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: January 6, 2003.
James F. Sloan,
Director, Financial Crimes Enforcement Network.
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[FR Doc. 03-909 Filed 1-15-03; 8:45 am]
BILLING CODE 4810-02-C