[Federal Register Volume 73, Number 20 (Wednesday, January 30, 2008)]
[Notices]
[Pages 5628-5631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-1563]


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DEPARTMENT OF THE TREASURY


Financial Crimes Enforcement Network; Agency Information 
Collection Activities; Comment Request of the Proposed Renewal Without 
Change of the Report of Foreign Bank and Financial Accounts and Other 
Recordkeeping and Reporting Requirements of the Bank Secrecy Act

AGENCY: Financial Crimes Enforcement Network (``FinCEN''), Department 
of the Treasury.

ACTION: Notice and request for comments.

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SUMMARY: FinCEN, a bureau of the U.S. Department of the Treasury, 
invites all interested parties to comment on its continuing collection 
of information requirements in 31 CFR 103.22-103.29, 103.32-103.38, 
103.64, 103.81-103.87, and Form TD F 90-22.1, Report of Foreign Bank 
and Financial Accounts. This request for comments is made pursuant to 
the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35).

DATES: Written comments should be received on or before March 31, 2008 
to be assured of consideration.

ADDRESSES: Direct all written comments to: Regulatory Policy and 
Programs Division, Financial Crimes Enforcement Network, U.S. 
Department of the Treasury, P.O. Box 39, Vienna, VA 22183, Attention: 
PRA Comments--31 CFR part 103. 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--31 CFR part 103.''
    Inspection of Comments: Comments may be inspected, between 10 a.m. 
and 4 p.m., in the FinCEN reading room in Vienna, VA. Persons wishing 
to inspect the comments submitted must request an appointment with the 
Disclosure Officer by telephoning (703) 905-5034 (not a toll-free 
call).

FOR FURTHER INFORMATION CONTACT: Financial Crimes Enforcement Network, 
Regulatory Policy and Programs Division at (800) 949-2732. A searchable 
guide to the Code of Federal Regulations can be found on the Internet 
at: http://www.access.gpo.gov/nara/cfr. A copy of Form TD F 90-22.1 may 
be obtained by calling the above number or accessed on-line at http://www.fincen.gov/forms/f9022-1_fbar.pdf.

SUPPLEMENTARY INFORMATION: Abstract: The information collected and 
retained under the regulations addressed in this notice and the 
information collected on Form TD F 90-22.1 (as well as other Bank 
Secrecy Act reporting and recordkeeping requirements that are not the 
subject of this notice) assist federal, state and local law enforcement 
in the identification, investigation, and prosecution of individuals 
involved in money laundering, the financing of terrorism, tax evasion, 
narcotics trafficking, organized crime, fraud, embezzlement and other 
crimes. The information also assists in tax collection and examination 
and other regulatory matters.\1\
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    \1\ The information collections addressed in this notice are 
currently covered by one OMB Control Number-1506-0009. FinCEN 
intends to ask OMB to assign specific control numbers to the various 
information collections so that the administration of the 
information collections will be simpler in the future.
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    1. Title: Reports of transactions in currency (31 CFR 103.22(b)(1), 
103.27(a), 103.27(d) and 103.28).
    OMB Number: 1506-0009.
    Abstract: Financial institutions must report transactions in 
currency that exceed $10,000 (31 CFR 103.22(b)(1)).\2\ Before 
concluding any transaction with respect to which a report must be filed 
under section 103.22(b)(1), a financial institution must verify and 
record the name and address of the individual presenting the 
transaction and must record certain information about any person on 
whose behalf the transaction is conducted (31 CFR 103.28). Records of 
reports must be maintained for 5 years (31 CFR 103.27(a)).
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    \2\ As explained below, 31 CFR 103.22(b)(2) requires casinos 
(and card clubs) to report these transactions.
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    Current Action: There is no change to the existing regulations.
    Type of Review: Extension of a currently approved information 
collection.
    Affected Public: Businesses or for-profit institutions, and non-
profit institutions.
    Burden: The burden for the reporting requirement in the regulations 
is reflected in the burden for FinCEN Form 104. The estimated number of 
respondents is 19,000. The estimated annual number of responses is 
15,000,000, with a reporting average of 19 minutes per response and a 
recordkeeping average of 5 minutes per response. The estimated total 
for the annual burden hours is 6,000,000.
    2. Title: Reports of transactions in currency (31 CFR 103.22(b)(2), 
103.27(a), 102.27(d), and 103.28).
    OMB Number: 1506-0009.
    Abstract: Casinos (and card clubs) must report transactions in 
currency that exceed $10,000 in one business day (31 CFR 103.22(b)(2)). 
Before concluding any transaction with respect to which a report must 
be filed under section 103.22(b)(1), a casino must verify and record 
the name and address of the individual presenting the transaction and 
must record certain information about any person on whose behalf the 
transaction is conducted (31 CFR 103.28). Records of reports must be 
maintained for 5 years (31 CFR 103.27(a)).
    Current Action: There is no change to the existing regulations.
    Type of Review: Extension of a currently approved information 
collection.
    Affected Public: Businesses or for-profit institutions.
    Burden: The burden for the reporting requirement in the regulations 
is reflected in the burden for FinCEN Form 103. The estimated number of 
respondents is 715. The estimated number of responses is 418,866, with 
a reporting average of 19 minutes per response and a recordkeeping 
average of 5 minutes per response. The estimated total for the annual 
burden hours is 167,546.
    3. Title: Transactions of exempt person (31 CFR 103.22(d), 
103.27(a) and 103.27(d)).
    OMB Number: 1506-0009.
    Abstract: Banks and other depository institutions (``banks'') may 
exempt from reporting under 31 CFR 103.22(b)(1) currency transactions 
exceeding $10,000

[[Page 5629]]

by certain customers referred to as eligible persons (31 CFR 
103.22(d)). Banks exempt these customers by filing a form designating 
them as exempt persons and maintaining certain records necessary to 
document the basis for the exemption and compliance with the exemption 
procedures of section 103.22(d). For two categories of eligible 
persons--non-listed businesses and payroll customers--the exemption 
must be renewed every two years by certifying the application of the 
bank's suspicious activity reporting program to those customers and 
recording any changes in control of those customers on a newly filed 
designation form. Records must be maintained for five years.
    Current Action: There is no change to the existing regulations.
    Type of Review: Extension of a currently approved information 
collection.
    Affected Public: Businesses or for-profit institutions, and non-
profit institutions.
    Burden: The burden for the reporting requirement in the regulations 
is reflected in the burden for FinCEN Form 110. The estimated number of 
respondents is 19,000. The estimated number of responses is 85,000 with 
a combined reporting and recordkeeping average of 70 minutes per 
response. The estimated total for annual burden hours is 99,166.
    4. Title: Reports of transportation of currency or monetary 
instruments (31 CFR 103.23 and 103.27).
    OMB Number: 1506-0009.
    Abstract: A person must file a report with Treasury if the person 
knowingly transports currency or monetary instruments of more than 
$10,000 at one time into or out of the United States, or receives 
currency or 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 CFR 103.23 and 103.27).
    Current Action: There is no change to the existing regulations.
    Type of Review: Extension of a currently approved information 
collection.
    Affected Public: Individuals, businesses or for-profit 
institutions, and non-profit institutions.
    Burden: The burden for the reporting requirement in the regulations 
is reflected in the burden for FinCEN Form 105. The estimated number of 
responses is 280,000, with a reporting average of 11 minutes per 
response. The estimated total for the annual burden hours is 51,333.
    5. Title: Reports of foreign financial accounts (31 CFR 103.24, 
103.27(d), 103.32) and Form TD F 90-22.1, Report of Foreign Bank and 
Financial Accounts.
    OMB Number: 1506-0009.
    Form Number: TD F 90-22.1.
    Abstract: Every person having a financial interest in, or signature 
authority over, a foreign account over $10,000 must file a report of 
the account (31 CFR 103.24, 103.27(d)) and must maintain records that 
contain the name in which the account is maintained, the number of the 
account, the name and address of the foreign bank, and the type of 
account and maximum value of the account (31 CFR 103.32).
    Current Action: There is no change to the existing regulations or 
the form.
    Type of Review: Extension of a currently approved information 
collection.
    Affected Public: Individuals, businesses or other for-profit 
institutions, and non-profit institutions.
    Burden: The burden for the reporting requirement in the regulations 
is reflected in the burden for Form TD F 90-22.1. The estimated number 
of respondents is 205,000. The estimated number of responses is 
205,000, with a reporting average of 10 minutes per response and a 
recordkeeping average of 5 minutes per response. The estimated total 
annual burden hours are 51,250.
    6. Title: Reports of transactions with foreign financial agencies 
(31 CFR 103.25).
    OMB Number: 1506-0009.
    Abstract: Treasury may, by regulation, require specified financial 
institutions to report transactions by persons with designated foreign 
financial agencies.
    Current Action: There is no change to the existing regulation.
    Type of Review: Extension of a currently approved information 
collection.
    Affected Public: Businesses or for-profit institutions, and non-
profit institutions.
    Burden: The estimated number of respondents per year is 1. The 
estimated number of responses is 1, with a reporting burden of 1 hour 
per respondent, for a total annual burden of 1 hour.\3\
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    \3\ Should FinCEN issue regulations under this authority, it 
will provide a burden estimate specific to those regulations.
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    7. Title: Reports of certain domestic coin and currency 
transactions (31 CFR 103.26 and 103.33(d)).
    OMB Number: 1506-0009.
    Abstract: Upon a finding that additional reporting or recordkeeping 
is necessary to carry out the purposes, or prevent the evasion, of the 
Bank Secrecy Act, Treasury may issue an order requiring financial 
institutions or groups of financial institutions in certain geographic 
locations to report certain transactions in prescribed amounts for a 
limited period of time (31 CFR 103.26). Financial institutions subject 
to a geographic targeting order must maintain records for such period 
of time as the order requires but not more than 5 years (31 CFR 
103.33(d)).
    Current Action: There is no change to the existing regulation.
    Type of Review: Extension of currently approved information 
collection.
    Affected Public: Businesses or for-profit institutions, and non-
profit institutions.
    Burden: The estimated number of respondents per year is 3,200. The 
estimated number of responses is 17,000, with a reporting burden of 19 
minutes per response and a recordkeeping burden of 5 minutes per 
response. The total estimated annual burden is 6,800 hours.\4\
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    \4\ Although the burden is stated as an annual burden in 
accordance with the Paperwork Reduction Act, the estimated annual 
burden is not intended to indicate that there is a geographic 
targeting order in effect throughout a year or in each year.
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    8. Title: Purchases of bank checks and drafts, cashier's checks, 
money orders and traveler's checks (31 CFR 103.29 and 31 CFR 103.38).
    OMB Number: 1506-0009.
    Abstract: Financial institutions must maintain records of certain 
information related to the sale of bank checks and drafts, cashier's 
checks, money orders, or traveler's checks when the sale involves 
currency between $3,000-$10,000. The records must be maintained for a 
period of five years and made available to Treasury upon request.
    Current Action: There is no change to the existing regulation.
    Type of Review: Extension of a currently approved information 
collection.
    Affected Public: Businesses or for-profit institutions, and non-
profit institutions.
    Burden: The estimated number of recordkeepers is 60,900. The 
average burden per recordkeeper is 7.5 hours, for a total estimated 
annual recordkeeping burden of 456,750 hours.
    9. Title: Records to be made and retained by financial institutions 
(31 CFR 103.33 and 103.38).
    OMB Number: 1506-0009.
    Abstract: Each financial institution must retain an original or 
copy of records related to extensions of credit in

[[Page 5630]]

excess of $10,000 (other than those secured by real property), and 
records related to transfers of funds, currency, other monetary 
instruments, checks, investment securities, or credit of more than 
$10,000 to or from the United States (31 CFR 103.33(a)-(c)). Banks and 
non-bank financial institutions must also maintain records related to, 
and include certain information as part of funds transfers or 
transmittals of funds involving more than $3,000 (31 CFR 103.33(e)-(f), 
and 103.33(g)). The required records must be maintained for five years 
(31 CFR 103.38).
    Current Action: There is no change to the existing regulation.
    Type of Review: Extension of a currently approved information 
collection.
    Affected Public: Businesses or for-profit institutions, and non-
profit institutions.
    Burden: 31 CFR 103.33(a)-(c). The estimated number of recordkeepers 
is 22,900. The estimated annual recordkeeping burden per recordkeeper 
is 50 hours, for a total estimated annual recordkeeping burden of 
1,145,000 hours.
    31 CFR 103.33(e)-(f). The estimated number of recordkeepers is 
35,500. The estimated annual recordkeeping burden per recordkeeper is 
16 hours, for a total estimated annual recordkeeping burden of 568,000.
    31 CFR 103.33(g). The estimated number of recordkeepers is 35,500. 
The estimated annual recordkeeping burden per recordkeeper is 12 hours, 
for a total estimated annual recordkeeping burden of 426,000.
    10. Title: Additional records to be made and retained by banks (31 
CFR 103.34 and 103.38).
    OMB Number: 1506-0009.
    Abstract: A bank must retain an original or copy of certain 
documents, as specified in section 103.34. The required records must be 
maintained for five years.
    Current Action: There is no change to the existing regulation.
    Type of Review: Extension of a currently approved information 
collection.
    Affected Public: Businesses or for-profit institutions, and non-
profit institutions.
    Burden: The estimated number of recordkeepers is 22,900. The 
estimated annual recordkeeping burden per recordkeeper is 100 hours for 
a total annual recordkeeping burden of 2,290,000 hours.
    11. Title: Additional records to be made and retained by brokers or 
dealers in securities (31 CFR 103.35 and 103.38).
    OMB Number: 1506-0009.
    Abstract: A broker or dealer in securities must retain an original 
or copy of certain documents, as specified in section 103.35. The 
required records must be maintained for five years (31 CFR 103.38).
    Current Action: There is no change to the existing regulation.
    Type of Review: Extension of a currently approved information 
collection.
    Affected Public: Business and other for-profit institutions.
    Burden: The estimated number of recordkeepers is 8,300. The 
estimated annual recordkeeping burden per recordkeeper is 100 hours, 
for a total estimated annual recordkeeping burden of 83,000 hours.
    12. Title: Additional records to be made and retained by casinos 
(31 CFR 103.36 and 103.38).
    OMB Number: 1506-0009.
    Abstract: Casinos (and card clubs) must make and retain a record of 
the name, permanent address and taxpayer identification number of each 
person who deposits funds with the casino, opens an account at the 
casino, or to whom the casino extends a line of credit (and maintain a 
list, available to the Secretary upon request, of the names and 
addresses of persons who do not furnish a taxpayer identification 
number), and must retain the original or a copy of certain documents, 
as specified in section 103.36 (31 CFR 103.36(a)&(b)(1)-(8)). Casinos 
must also maintain a list of transactions with customers involving 
certain instruments (31 CFR 103.36(b)(9)). Card clubs must maintain 
records of currency transactions by customers and records of activity 
at cages (31 CFR 103.36(b)(11)). Casinos that input, store, or retain 
required records on computer disk, tape or other machine readable media 
must maintain the records on such media (31 CFR 103.36(c)). Required 
records must be maintained for five years. (31 CFR 103.38).
    Current Action: There is no change to the existing regulation.
    Type of Review: Extension of a currently approved information 
collection.
    Affected Public: Business and other for-profit institutions.
    Burden: 31 CFR 103.36(a)&(b)(1)-(8). The estimated number of 
recordkeepers is 480. The estimated annual recordkeeping burden per 
recordkeeper is 100 hours, for a total estimated annual recordkeeping 
burden of 48,000.
    31 CFR 103.36(b)(9). The estimated number of recordkeepers is 480. 
The estimated annual recordkeeping burden per recordkeeper is 7.5 
hours, for a total estimated annual recordkeeping burden of 3,600 
hours.
    31 CFR 103.36(b)(11). The estimated number of recordkeepers is 62. 
The estimated number of transactions is 215,000 annually and the total 
estimated annual recordkeeping burden is 686 hours.
    31 CFR 103.36(c). The estimated number of respondents is 480. The 
estimated annual recordkeeping burden per recordkeeper is 4 hours, for 
a total estimated annual recordkeeping burden of 1,920 hours.
    13. Title: Additional records to be made and retained by currency 
dealers or exchangers (31 CFR 103.37 and 103.38).
    OMB Number: 1506-0009.
    Abstract: A currency dealer or exchanger must make and maintain a 
record of the taxpayer identification number of certain persons for 
whom a transaction account is opened or a line of credit is extended, 
and must maintain a list containing the names, addresses, and account 
or credit line numbers of those persons from whom it has been unable to 
secure such information. A currency dealer or exchanger must retain the 
original or a copy of certain documents, as specified in section 
103.37. The required records must be maintained for five years (31 CFR 
103.38).
    Current Action: There is no change to the existing regulation.
    Type of Review: Extension of a currently approved information 
collection.
    Affected Public: Business and other for-profit institutions.
    Burden: The estimated number of recordkeepers is 2,300. The 
estimated annual recordkeeping burden per recordkeeper is 16 hours, for 
a total estimated annual recordkeeping burden of 368,000 hours.
    14. Title: Nature of records and retention period (31 CFR 103.38).
    OMB Number: 1506-0009.
    Abstract: Records required to be retained by a financial 
institution under 31 CFR part 103 must be retained for 5 years, except 
for records or reports required under section 103.26 which shall be 
retained for the period of time specified in the targeting order 
imposing the recordkeeping or reporting requirement to which the 
particular retention period relates.
    Current Action: There is no change to the existing regulation.
    Type of Review: Extension of a currently approved information 
collection.
    Affected Public: Businesses or for-profit institutions, and non-
profit institutions.

[[Page 5631]]

    Burden: The burden for this regulation is reflected in the 
reporting and recordkeeping provisions of 31 CFR part 103.
    15. Title: Special rules for casinos (31 CFR 103.64, 103.36(b)(10), 
and 103.38).
    OMB Number: 1506-0009.
    Abstract: This section provides special rules for casinos, 
including the requirement that casinos maintain a written compliance 
program.
    Current Action: There is no change to the existing regulation.
    Type of Review: Extension of a currently approved information 
collection.
    Affected Public: Business and other for-profit institutions.
    Burden: The estimated number of recordkeepers is 480. The estimated 
annual recordkeeping burden per recordkeeper is 100, for a total 
estimated annual recordkeeping burden of 48,000 hours.
    16. Title: Administrative rulings (31 CFR 103.81-87).
    OMB Number: 1506-0009.
    Abstract: These sections address administrative rulings under the 
Bank Secrecy Act. They explain how to submit a ruling request (103.81), 
how non-conforming requests are handled (103.82), how oral 
communications are treated (103.83), how rulings are issued (103.85), 
how rulings are modified or rescinded (103.86), and how information in 
connection with a ruling may be disclosed (103.87).
    Current Action: There is no change to the existing regulation.
    Type of Review: Extension of a currently approved information 
collection.
    Affected Public: Individuals, businesses or for-profit 
institutions, and non-profit institutions.
    Burden: The estimated number of responses is 60 annually, with a 
burden of 1 hour per submission, for a total annual burden of 60 hours.
    The following paragraph applies to all the collections of 
information addressed in this notice: 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: January 22, 2008.
James H. Freis, Jr.,
Director, Financial Crimes Enforcement Network.
[FR Doc. E8-1563 Filed 1-29-08; 8:45 am]
BILLING CODE 4810-02-P