[Federal Register Volume 68, Number 227 (Tuesday, November 25, 2003)]
[Notices]
[Pages 66159-66161]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-29352]


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

DEPARTMENT OF THE TREASURY


Financial Crimes Enforcement Network; Privacy Act of 1974; 
Systems of Records

AGENCY: Financial Crimes Enforcement Network, Treasury.

ACTION: Notice of alterations of three Privacy Act systems of records.

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

SUMMARY: In accordance with the Privacy Act of 1974, as amended, the 
Financial Crimes Enforcement Network (FinCEN), Department of the 
Treasury (Treasury), gives notice of proposed alterations to three 
existing systems of records entitled ``Treasury/DO .200--FinCEN Data 
Base--Treasury/DO,'' ``Treasury/DO .212--Suspicious Activity Reporting 
System--Treasury/DO,'' and ``Treasury/DO. 213--Bank

[[Page 66160]]

Secrecy Act Reports System--Treasury/DO''. The systems of records were 
last published in their entirety on February 19, 2002, at 67 FR 7492, 
67 FR 7496, and 67 FR 7498, respectively.

DATES: Comments must be received no later than December 26, 2003. The 
revised systems of records will be effective as of January 5, 2004, 
unless comments are received that result in a contrary determination 
and notice is published to that effect.

ADDRESSES: Written comments should be submitted to: Office of Chief 
Counsel, FinCEN, P.O. Box 39, Vienna, VA 22183-0039, Attention: 
Revisions to PA Systems of Records--Comments. Comments also may be 
submitted by electronic mail to the following Internet address: 
[email protected], with the above caption in the body of the 
text.
    Inspection of comments. Comments may be inspected at FinCEN 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: Christine Del Toro, Attorney-Advisor, 
Office of Chief Counsel, FinCEN, at (703) 905-3590.

SUPPLEMENTARY INFORMATION: The systems of records contain information 
collected under the authority of the Bank Secrecy Act, the popular name 
for Titles I and II of Public Law 91-508, as amended, and codified at 
12 U.S.C. 1829b, 12 U.S.C. 1951-1959, and 31 U.S.C. 5311-5331. The 
regulations implementing the authority contained in the Bank Secrecy 
Act are found at 31 CFR part 103. The authority to administer 31 CFR 
part 103 has been delegated to FinCEN.
    One FinCEN system of records is being revised with the addition of 
a new routine use to reflect that limited information relating to Money 
Services Businesses (``MSBs'') that have registered with FinCEN 
pursuant to 31 CFR 103.41 may be made available to the public. On 
August 20, 1999, FinCEN published a final rule requiring money services 
businesses to register with the Department of the Treasury on or before 
the later of December 31, 2001, and the end of the 180-day period 
beginning on the day following the date the business is established. 
See 64 FR 45438-45453 and 31 CFR 103.41. Money services businesses that 
are required to register with FinCEN include money transmitters, 
issuers, sellers, and redeemers of money orders and traveler's checks, 
check cashers, and currency dealers and exchangers. See Sec.  
103.11(uu). To register, MSBs must complete and submit Treasury 
Department form TD F 90-22.55, ``Registration of Money Services 
Business.'' Agents of an MSB are not required to register, but are 
required to be listed on the agent list maintained by the MSB whose 
products and services the agent offers. See 31 CFR 103.41(a)(2).
    The Secretary of the Treasury was granted statutory authority to 
require MSBs to register by section 408 of the Money Laundering 
Suppression Act of 1994 (``MLSA''), Title IV of the Riegle Community 
Development and Regulatory Improvement Act of 1994, Public Law 103-325 
(September 23, 1994). The Conference Report accompanying passage of the 
MLSA provides that:

[t]he Conferees recognize that the contents of both the registration 
of a money transmitting business and the agent list maintained by 
the business will include privileged and confidential trade secrets, 
commercial, and financial information * * *. The Conferees also 
recognize that some of the data to be contained in the registrations 
will have legitimate uses outside of law enforcement. It is the 
Conferees' intent that the Secretary make such information available 
to the public in a manner which balances the need to protect 
confidential business information and the need of the public to have 
access to information about businesses which serve it. Accordingly, 
the Conferees expect the Secretary to make such information 
available to the public in as much detail as possible without 
revealing confidential information. Conference Report 103-652 Aug. 
2, 1994 at 193.

    Thus, the legislative history of the MLSA indicates that at least 
part of the information Treasury collects through the MSB registration 
process was intended by Congress to be made available to the public by 
Treasury. FinCEN has determined that making certain information about 
MSB registrants publicly available will be useful to consumers seeking 
to ensure that the MSBs with which they do business are in compliance 
with federal regulations, financial institutions charged with 
implementing anti-money laundering programs, and the law enforcement 
community.
    For the reasons set forth above, the routine uses for the Bank 
Secrecy Act System of records are being amended to reflect that certain 
information contained in forms TD F 90-22.55, ``Registration of Money 
Services Business'' submitted by MSBs registering with FinCEN may be 
made available to the public in a manner that protects trade secrets, 
and privileged and confidential commercial or financial information.
    In addition, the FinCEN systems of records are being revised to 
reflect certain changes in the law made by the Uniting and 
Strengthening America by Providing Appropriate Tools Required to 
Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001, Pub. L. 
107-56 (October 26, 2001). Prior to enactment of the USA PATRIOT Act, 
FinCEN was a Departmental Office of the Department of the Treasury. As 
a result, the name and number of each of FinCEN's Privacy Act system of 
records corresponded with the names and numbers given to systems of 
records maintained by Treasury's Departmental Offices. However, section 
361 of the USA Patriot Act created a new section 310 in Subchapter I of 
chapter 3 of Title 31, United States Code, making FinCEN a Treasury 
Bureau. See Treasury Order 180-01, dated September 26, 2002. Therefore, 
the system numbers and names of FinCEN's Privacy Act systems of records 
are being revised to reflect FinCEN's status as a Treasury Bureau. 
FinCEN proposes to alter the system numbers and names of its Privacy 
Act systems of records as follows: ``Treasury/FinCEN .001--FinCEN Data 
Base--Treasury/FinCEN,'' ``Treasury/FinCEN .002--Suspicious Activity 
Reporting System--Treasury/FinCEN,'' and ``Treasury/FinCEN .003--Bank 
Secrecy Act Reports System--Treasury/FinCEN.''
    Because information in the systems of records may be retrieved by 
personal identifier, the Privacy Act of 1974 requires the Treasury to 
give general notice and seek public comments when making substantive 
changes to these Systems. The notices were last published in their 
entirety on February 19, 2002, beginning at 67 FR 7492. Treasury/DO 
.212 and Treasury/DO .213 were subsequently amended on May 24, 2002, at 
67 FR 36669.
    The altered system of records report, as required by 5 U.S.C. 
552a(r), has been submitted to the Committee on Government Reform in 
the House of Representatives, the Committee on Governmental Affairs in 
the Senate, and Office of Management and Budget, pursuant to Appendix I 
to OMB Circular A-130, ``Federal Agency Responsibilities for 
Maintaining Records About Individuals,'' November 30, 2000.
    For the reasons set forth above, FinCEN proposes to alter the 
FinCEN Data Base, the Suspicious Activity Reporting System, and the 
Bank Secrecy Act Reports System as follows:

[[Page 66161]]

Treasury/DO .200
    Description of change: Revise the system number to read: 
``Treasury/FinCEN .001.''

System Name:
    Description of change: Revise the system name to read: ``FinCEN 
Data Base--Treasury/FinCEN.''
* * * * *
Treasury/DO .212
    Description of change: Revise the system number to read: 
``Treasury/FinCEN .002.''

System Name:
    Description of change: Revise the system name to read: ``Suspicious 
Activity Report System (the ``SAR System'')--Treasury/FinCEN.''
* * * * *
Treasury/DO .213
    Description of change: Revise the system number to read: 
``Treasury/FinCEN .003.''

System Name:
    Description of change: Revise the system name to read: ``Bank 
Secrecy Act Reports System--Treasury/FinCEN.''
* * * * *

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purposes of Such Uses:
    Description of change: Add routine use (10) to read as follows:
    (10) ``Disclose to the public information about Money Services 
Businesses that have registered with FinCEN pursuant to 31 CFR 103.41, 
other than information that consists of trade secrets, or that is 
privileged and confidential commercial or financial information.''
* * * * *

    Dated: November 18, 2003.
Teresa Mullett Ressel,
Assistant Secretary for Management and Chief Financial Officer.
[FR Doc. 03-29352 Filed 11-24-03; 8:45 am]
BILLING CODE 4810-02-P