[Federal Register Volume 71, Number 33 (Friday, February 17, 2006)]
[Notices]
[Pages 8640-8648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1433]


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DEPARTMENT OF THE TREASURY

Office of the Comptroller of the Currency

Office of Thrift Supervision

FEDERAL RESERVE SYSTEM

FEDERAL DEPOSIT INSURANCE CORPORATION

NATIONAL CREDIT UNION ADMINISTRATION


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Suspicious Activity Report by Depository Institutions

AGENCIES: Financial Crimes Enforcement Network, Office of the 
Comptroller of the Currency, Office of Thrift Supervision, Department 
of the Treasury; Board of Governors of the Federal Reserve System, 
Federal Deposit Insurance Corporation, National Credit Union 
Administration.

ACTION: Notice and request for comments.

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SUMMARY: The Financial Crimes Enforcement Network and the Banking 
Supervisory Agencies \1\, as part of their continuing effort to reduce 
paperwork and respondent burden, invite the general public and other 
Federal agencies to take this opportunity to comment on information 
collections, as required by the Paperwork Reduction Act of 1995, Public 
Law 104-13 (44 U.S.C. 3506(c)(2)(A)). The Financial Crimes Enforcement 
Network and the Banking Supervisory Agencies are soliciting comments 
concerning the Suspicious Activity Report by Depository Institutions, 
which is being revised and reformatted to standardize this report with 
suspicious activity reports being filed by other financial 
institutions. The report also is being revised to support joint filing, 
providing the necessary data blocks and instructions for completing a 
jointly filed suspicious activity report. The instructions limit joint 
filing to those suspicious activities that do not involve insider 
abuse.
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    \1\ The term ``Banking Supervisory Agencies'' is the collective 
term for the following organizations: The Office of the Comptroller 
of the Currency, The Office of Thrift Supervision, The Board of 
Governors of the Federal Reserve System, The Federal Deposit 
Insurance Corporation, and The National Credit Union Administration.

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DATES: Written comments should be received on or before April 18, 2006.

ADDRESSES: Interested parties are invited to submit written comments to 
any or all of the agencies. All comments, which should refer to the 
Office of Management and Budget control numbers, will be shared among 
the agencies. Direct all written comments as follows:
    Financial Crimes Enforcement Network: Financial Crimes Enforcement 
Network, Post Office Box 39, Vienna, VA 22183, Attention: 1506-0001, 
Revised Suspicious Activity Report by Depository Institutions. 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: 1506-0001, Revised Suspicious Activity Report by 
Depository Institutions''.
    Comptroller of the Currency: Communications Division, Office of the 
Comptroller of the Currency, Public Information Room, Mailstop 1-5, 
Attention: 1557-0180, 250 E Street, SW., Washington, DC 20219. In 
addition, comments may be sent by fax to (202) 874-4448, or by 
electronic mail to [email protected]. You can inspect and 
photocopy the comments at the OCC's Public Information Room, 250 E 
Street, SW., Washington, DC 20219. You can make an appointment to 
inspect the comments by calling (202) 874-5043.
    Additionally, you should send a copy of your comments to OCC Desk 
Officer, 1557-0180, by mail to U.S. Office of Management and Budget, 
725, 17th Street, NW., 10235, Washington, DC 20503, or by fax 
to (202) 395-6974.
    Office of Thrift Supervision: Information Collection Comments, 
Chief Counsel's Office, Office of Thrift Supervision, 1700 G Street, 
NW., Washington, DC 20552; send a facsimile transmission to (202) 906-
6518; or send an e-mail to [email protected]. The 
Office of Thrift Supervision will post comments and the related index 
on its Internet site at http://www.ots.treas.gov. In addition, 
interested persons may inspect comments at the Public Reading Room, 
1700 G Street, NW., by appointment. To make an appointment, call (202) 
906-5922, send an e-mail to public.info@ots.treas.gov">public.info@ots.treas.gov, or send a 
facsimile transmission to (202) 906-7755.
    Board of Governors of the Federal Reserve System: You may submit 
comments, identified by FR 2230, by any of the following methods:
     Agency Web site: http://www.federalreserve.gov. Follow the 
instructions for submitting comments at http://www.federalreserve.gov/generalinfo/foia/ProposedRegs.cfm.
     Federal E-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     E-mail: [email protected]. Include docket 
number in the subject line of the message.
     FAX: 202/452-3819 or 202/452-3102.
     Mail: Jennifer J. Johnson, Secretary, Board of Governors 
of the Federal Reserve System, 20th Street and Constitution Avenue, 
NW., Washington, DC 20551.
    All public comments are available from the Board's Web site at: 
http://www.federalreserve.gov/generalinfo/foia/ProposedRegs.cfm as 
submitted, unless modified for technical reasons. Accordingly, your 
comments will not be edited to remove any identifying or contact 
information. Public comments may also be viewed electronically or in 
paper in Room MP-500 of the Board's Martin Building (20th and C 
Streets, NW) between 9 a.m. and 5 p.m. on weekdays.
    Comments may be mailed to Ms. Jennifer J. Johnson, Secretary, Board 
of Governors of the Federal Reserve System, 20th Street, and 
Constitution Avenue, NW., Washington, DC 20551.

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However, because paper mail in the Washington area and at the Board of 
Governors is subject to delay, please consider submitting your comments 
by e-mail to [email protected], or faxing them to the 
office of the Secretary at (202) 452-3819 or (202) 452-3102. Comments 
addressed to Ms. Johnson may also be delivered to the Board's mail 
facility in the West Courtyard between 8:45 a.m. and 5:15 p.m., located 
on 21st Street between Constitution Avenue and C Street, NW. Members of 
the public may inspect comments in Room MP-500 between 9 a.m. and 5 
p.m. on weekdays pursuant to 261.12, except as provided in 261.14, of 
the Board's Rules Regarding Availability of Information, 12 CFR 261.12 
and 261.14.
    Federal Deposit Insurance Corporation: Written comments should be 
addressed to Steve Hanft, Clearance Officer, Legal Division MB-3064, 
Federal Deposit Insurance Corporation, 550 17th Street, NW., 
Washington, DC 20429. FAX number (202) 898-3838. E-mail: 
[email protected].
    National Credit Union Administration: Clearance Officer: Mr. Neil 
M. McNamara, (703) 518-6447, National Credit Union Administration, 1775 
Duke Street, Alexandria, VA 22314-3428, Fax No. (703) 518-6489, e-mail: 
[email protected].

FOR FURTHER INFORMATION CONTACT: Requests for additional information or 
a copy of the collection may be obtained by contacting:
    Financial Crimes Enforcement Network: Regulatory Policy and 
Programs Division at (800) 949-2732.
    Comptroller of the Currency: You can request additional information 
or a copy of the collection from Mary Gottlieb, OCC Clearance Officer, 
or Camille Dickerson, (202) 874-5090, Legislative and Regulatory 
Activities Division, Office of the Comptroller of the Currency, 250 E 
Street, SW., Washington, DC 20219.
    Office of Thrift Supervision: Richard C. Stearns, Enforcement 
Deputy Counsel, Office of Enforcement, Office of Thrift Supervision, 
1700 G Street, NW., Washington, DC 20552, (202) 906-7966.
    Board of Governors of the Federal Reserve System: Michelle Long, 
Federal Reserve Board Clearance Officer (202-452-3829), Division of 
Research and Statistics, Board of Governors of the Federal Reserve 
System, Washington, DC 20551. Telecommunications Device for the Deaf 
(TDD) users may contact (202) 263-4869, Board of Governors of the 
Federal Reserve System, Washington, DC 20551.
    Federal Deposit Insurance Corporation: Steve Hanft, Legal Division 
MB-3064, Federal Deposit Insurance Corporation, 550 17th Street, NW., 
Washington, DC 20429, (202) 898-3907.
    National Credit Union Administration: Tracy Sumpter, Office of the 
Chief Information Officer, (703) 518-6444 or John K. Ianno, Office of 
General Counsel, (703) 518-6540.

SUPPLEMENTARY INFORMATION:
    Title: Suspicious Activity Report by Depository Institutions. The 
Office of the Comptroller of the Currency is renewing all information 
collections covered under the information collection titled: ``(MA)--
Minimum Security Devices and Procedures, Reports of Suspicious 
Activities, and Bank Secrecy Act Compliance--12 CFR 21.''

Office of Management and Budget Control Numbers

    Financial Crimes Enforcement Network: 1506-0001.
    Office of the Comptroller of the Currency: 1557-0180.
    Office of Thrift Supervision: 1550-0003.
    Board of Governors of the Federal Reserve System: 7100-0212.
    Federal Deposit Insurance Corporation: 3064-0077.
    National Credit Union Administration: 3133-0094.

Form Numbers

    Financial Crimes Enforcement Network: Form 111.
    Office of the Comptroller of the Currency: 8010-1/8010-9.
    Office of Thrift Supervision: 1601.
    Board of Governors of the Federal Reserve System: FR 2230.
    Federal Deposit Insurance Corporation: 6710/06.
    National Credit Union Administration: 2362.
    Abstract: In 1985, the Banking Supervisory Agencies issued 
procedures to be used by banks and certain other financial institutions 
operating in the United States to report known or suspected criminal 
activities to the appropriate law enforcement and Banking Supervisory 
Agencies. Beginning in 1994, the Banking Supervisory Agencies and the 
Financial Crimes Enforcement Network completely redesigned the 
reporting process resulting in a Suspicious Activity Report, which 
became effective in April 1996.\2\
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    \2\ The report is authorized by the following regulations: 31 
CFR 103.18 (Financial Crimes Enforcement Network); 12 CFR 21.11 
(Office of the Comptroller of the Currency); 12 CFR 563.180 (Office 
of Thrift Supervision); 12 CFR 208.62, 211.5(k), 211.24(f), and 
225.4(f) (Board of Governors of the Federal Reserve System); 12 CFR 
353.3 (Federal Deposit Insurance Corporation); 12 CFR 748.1 
(National Credit Union Administration). The regulations were issued 
under the authority contained in the following statutes: 31 U.S.C. 
5318(g) (Financial Crimes Enforcement Network); 12 U.S.C. 93a, 1818, 
1881-84, 3401-22, 31 U.S.C. 5318 (Office of the Comptroller of the 
Currency); 12 U.S.C. 1463 and 1464 (Office of Thrift Supervision); 
12 U.S.C. 248(a)(1), 324, 334, 625, 1844(c), 3105(c)(2) and 3106(a) 
(Board of Governors of the Federal Reserve System); 12 U.S.C. 93a, 
1818, 1881-84, 3401-22 (Federal Deposit Insurance Corporation); 12 
U.S.C. 1766(a), 1789(a) (National Credit Union Administration).
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    Current Action: The Banking Supervisory Agencies and the Financial 
Crimes Enforcement Network propose several revisions to the reporting 
form and instructions in order to enhance the clarity of the 
instructions, allow for joint filing of Suspicious Activity Reports, 
and to improve the usefulness of the Suspicious Activity Report to law 
enforcement.
    Data item 1 would be expanded to add two check boxes to indicate 
whether the respondent institution is filing an updated report (data 
item 1a) and whether the report is being filed jointly with another 
financial institution (data item 1b).
    Part I--Subject Information would be moved from Part II to Part I 
and would collect information on the subject of the Suspicious Activity 
Report. The section title would be changed to ``Subject Information'' 
from ``Suspect Information.'' Other proposed revisions to Part I are:

     Proposed data item 2a would be added to indicate 
whether multiple subjects are involved.
     Proposed data item 6 ``Also known as (AKA-individual) 
or doing business as (DBA-entity),'' would be added in order to 
standardize the ``Subject Information'' section among all Suspicious 
Activity Report forms.

    Part II--Suspicious Activity Information would be moved from Part 
III to Part II and would describe activity being reported. Proposed 
revisions to Part II are:

     Current data item 34, ``Total dollar amount involved in 
known or suspicious activity,'' would be increased to twelve digits 
from ten and would be renumbered as data item 22.
     Current data item 38, which collects information about 
the financial soundness of the respondent institution, would be 
moved to Part V, ``Suspicious Activity Information-Narrative,'' data 
item a.
     Current data item 39, regarding bonding company 
notification, would be deleted.
     Current data items 40-44, law enforcement contact 
information, would be moved to Part V, ``Suspicious Activity 
Information-Narrative,'' data item g.


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    Part III--Reporting Financial Institution Information would be 
moved from Part I to Part III and would collect information that 
identifies the respondent institution, the branch where the activity 
took place, the affected account number(s), if any, and whether such 
accounts have been closed as a result of the suspicious activity. 
Proposed revisions to Part III are:

     Proposed check box 26b would be added to indicate 
whether two or more financial institutions are jointly filing a 
single Suspicious Activity Report by completing data items 26 
through 35.
     Proposed data item 29 would collect the respondent 
institution's internal control or file number. Respondent 
institutions would be encouraged, but not required, to report an 
internal control or file number.
     Three check boxes would be added to proposed data item 
33, ``Primary Federal Regulator,'' to identify the Internal Revenue 
Service, the Security and Exchange Commission, and Commodity Futures 
Trading Commission as regulators for purposes of a Suspicious 
Activity Report joint filing.
     Proposed data item 35, ``Relationship of subject (Part 
I) to the above listed financial institution,'' would be moved from 
Part II, current data item 30, to Part III.
     Proposed data items 41-55 would provide space to 
collect information regarding other branch locations. If more than 
four branches are involved, the additional information would be 
provided in Part V ``Suspicious Activity Information-Narrative.''
     Current data item 13, ``If institution closed, date 
closed,'' would be deleted.

    Part IV--Contact for Assistance information is consolidated here. 
The proposed data item 56, ``Designated contact office,'' would replace 
current data items 45-48, ``contact name and title information.'' This 
revised information, coupled with an internal control or file number, 
would still provide law enforcement with adequate contact information 
while protecting the name of the contact person.
    Part V--Suspicious Activity Information-Narrative requires the 
respondent institution to provide a chronological and complete 
narrative account of the activity, including what is unusual, 
irregular, or suspicious about the activity. Because the narrative is 
considered the most important part of the Suspicious Activity Report, 
the list of information that should be included in the narrative would 
be expanded to aid the respondent in the completion of the Suspicious 
Activity Report.
    Finally, the instructions for completing the Suspicious Activity 
Report would be expanded to include specific data item instructions for 
each item on the reporting form. Items considered critical for law 
enforcement purposes have been marked with an asterisk.
    Type of Review: Revision of a currently approved collection. The 
OCC's revision does not affect the portions of OMB Control No. 1557-
0180 relating to Minimum Security Devices and Bank Secrecy Act 
Compliance. OCC is seeking only a renewal of the approval for those 
provisions.
    Affected Public: Business, for-profit institutions, and non-profit 
institutions.

Estimated Number of Respondents

    Financial Crimes Enforcement Network: 27,262.\3\
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    \3\ Respondents comprise many of the same institutions 
responding to the Supervisory Agencies.
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    Office of the Comptroller of the Currency: 2100.
    Office of Thrift Supervision: 862.
    Board of Governors of the Federal Reserve System: 7,000.
    Federal Deposit Insurance Corporation: 8000.
    National Credit Union Administration: 9300.

Estimated Total Annual Responses

    Financial Crimes Enforcement Network: 399,848.
    Office of the Comptroller of the Currency: 250,700.
    Office of Thrift Supervision: 36,569.
    Board of Governors of the Federal Reserve System: 93,600.
    Federal Deposit Insurance Corporation: 16,018.
    National Credit Union Administration: 2,961.
    Estimated Total Annual Burden: Estimated 60 minutes per form:
    Financial Crimes Enforcement Network: 399,848 hours.\4\
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    \4\ Only one form is filed in satisfaction of the rules of both 
the Financial Crimes Enforcement Network and the banking supervisory 
agencies. The estimated burden per form is 60 minutes; the hourly 
burden does not attempt to allocate that time between agencies when 
the form is filed in satisfaction of the rules of more than one 
agency.
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    Office of the Comptroller of the Currency: 316,430 hours.
    Office of Thrift Supervision: 36,569 hours.
    Board of Governors of the Federal Reserve System: 93,600 hours.
    Federal Deposit Insurance Corporation: 16,018 hours.
    National Credit Union Administration: 2,961 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 Office of Management and Budget control 
number. Records required to be retained under the Bank Secrecy Act and 
these regulations issued by the Banking Supervisory Agencies 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 Office of 
Management and Budget 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 7, 2006.
William F. Baity,
Director, Financial Crimes Enforcement Network.
    Dated: January 30, 2006.
Stuart Feldstein,
Assistant Director, Legislative and Regulatory Activities Division, 
Office of the Comptroller of the Currency.
    Dated: February 7, 2006.
Deborah Dakin,
Senior Deputy Chief Counsel, Regulations and Legislation Division, 
Office of Thrift Supervision.
    By the Board of Governors of the Federal Reserve System on 
February 9, 2006.
Jennifer J. Johnson,
Secretary of the Board.
    By Order of the Board of Directors.

    Dated at Washington, DC, this 31st day of January, 2006.

Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
    By the National Credit Union Administration Board on February 8, 
2006.
Mary Rupp,
Secretary of the Board.
BILLING CODE 4810-02-P

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[FR Doc. 06-1433 Filed 2-16-06; 8:45 am]
BILLING CODE 4810-02-C