[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]
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