[Federal Register Volume 69, Number 69 (Friday, April 9, 2004)]
[Notices]
[Pages 18999-19007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8028]


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DEPARTMENT OF THE TREASURY


Financial Crimes Enforcement Network; Proposed Collection; 
Comment Request; Report of International Transportation of Currency or 
Monetary Instruments--Accompanied by an Individual, FinCEN Form 105 
(CMIR Form 105), and Report of International Transportation of Currency 
or Monetary Instruments--Shipment, Mailing, or Receipt, FinCEN Form 106 
(CMIR Form 106)

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 the Report of International Transportation of 
Currency or Monetary Instruments (``CMIR''), which is being separated 
into two forms, as explained below. As a result of this change, 
individuals who accompany the transportation of more than $10,000 in 
currency or other monetary instruments into or from the United States 
will use the Report of International Transportation of Currency or 
Monetary Instruments--Accompanied by an Individual (revised FinCEN Form 
105). Persons that mail, ship, or receive more than $10,000 in currency 
or other monetary instruments into or from the United States will use 
the Report of International Transportation of Currency or Monetary 
Instruments--Shipment, Mailing, or Receipt (new FinCEN Form 106). 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 
June 8, 2004.

ADDRESSES: Written comments should be submitted to: Office of Chief 
Counsel, Financial Crimes Enforcement Network, Department of the 
Treasury, P.O. Box 39, Vienna, Virginia 22183, Attention: PRA 
Comments--CMIR-Forms 105 and 106. 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--CMIR-Forms 105 and 106.''
    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: Daniel Haley, Regulatory Compliance 
Program Specialist, Office of Regulatory Programs, FinCEN, at (202) 
354-6400, and Cynthia Clark, Office of Chief Counsel, FinCEN, at (703) 
905-3590.

SUPPLEMENTARY INFORMATION:
    Title: Report of International Transportation of Currency or 
Monetary Instruments--Accompanied by an Individual, and Report of 
International Transportation of Currency or Monetary Instruments--
Shipment, Mailing, or Receipt.
    OMB Number: 1506-0014--FinCEN Form 105 (an OMB number for FinCEN 
Form 106 has not yet been assigned).
    Form Number: FinCEN Form 105 and FinCEN Form 106 respectively.
    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 issue regulations 
requiring records and 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. Regulations implementing Title II of 
the Bank Secrecy Act (codified at 31 U.S.C. 5311-5332) 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.
    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

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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 CMIR.
    Information collected on the CMIR is made available, in accordance 
with strict safeguards, to appropriate 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 current CMIR is being separated into two 
forms--revised FinCEN Form 105 for currency and other monetary 
instruments accompanied by an individual, and new FinCEN Form 106 for 
currency and other monetary instruments that are shipped, mailed, or 
received. FinCEN believes that the use of separate forms will make it 
easier for individuals departing or entering the United States to 
complete the CMIR.
    In addition, minor changes are made to the information that is 
collected on the CMIR. FinCEN Form 105 includes new items for the 
individual's occupation and telephone number and the reason for 
transporting the currency or monetary instruments. Similarly, FinCEN 
Form 106 includes new items asking for the telephone number of the 
sender and the reason for the shipment. Both forms include an item 
about the recipient of the currency or monetary instruments and revise 
the section about the currency or monetary instruments to provide more 
space and a standardized format for the information. The instructions 
to both forms provide more detailed guidance on how to fill out the 
form.
    The draft FinCEN Form 105 and FinCEN Form 106 are presented only 
for purposes of soliciting public comment. These draft forms should not 
be used at this time to report the transportation of currency or other 
monetary instruments. A final version of each form will be made 
available at a later date. Until that time, the current version of 
FinCEN Form 105 should continue to be used by all persons required to 
file a CMIR whether or not they accompany the transportation of the 
currency or monetary instruments.
    Type of Review: Revision of currently approved collection into two 
separate reports.
    Affected public: Individuals, business or other for-profit 
institutions, and not-for-profit institutions.
    Frequency: As required.
    Estimated Burden: Reporting average of 15 minutes per response for 
each form.
    Estimated number of respondents: 165,000 for FinCEN Form 105.
    Estimated number of respondents: 15,000 for FinCEN Form 106.
    Estimated Total Annual Burden Hours: 41,250 hours for FinCEN Form 
105.
    Estimated Total Annual Burden Hours: 3,750 hours for FinCEN Form 
106.
    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.
    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: March 31, 2004.
William J. Fox,
Director, Financial Crimes Enforcement Network.
    Attachments: Report of International Transportation of Currency or 
Monetary Instruments `` Accompanied by an Individual, FinCEN Form 105 
(CMIR-Form 105) and Report of International Transportation of Currency 
or Monetary Instruments--Shipment, Mailing, or Receipt, FinCEN Form 106 
(CMIR-Form 106).

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[FR Doc. 04-8028 Filed 4-8-04; 8:45 am]
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