[Federal Register Volume 68, Number 40 (Friday, February 28, 2003)]
[Notices]
[Pages 9739-9740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4789]


-----------------------------------------------------------------------

DEPARTMENT OF THE TREASURY

Financial Crimes Enforcement Network


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

AGENCY: Financial Crimes Enforcement Network (FinCEN).

ACTION: Notice and request for comments.

-----------------------------------------------------------------------

SUMMARY: As part of its continuing effort to reduce paperwork and 
respondent burden, FinCEN invites 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 April 29, 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, PO 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.''

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.
Customs: Walter Wilkowski, Financial Investigations, 202-927-1469.

SUPPLEMENTARY INFORMATION:
    Title: Report of International Transportation of Currency or 
Monetary Instruments.
    OMB Number: 1515-0014.
    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: No changes are being made at this time.
    Type of Review: Extension 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.

[[Page 9740]]

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 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: February 21, 2003.
James F. Sloan,
Director, Financial Crimes Enforcement Network.
[FR Doc. 03-4789 Filed 2-27-03; 8:45 am]
BILLING CODE 4810-02-P