[Federal Register Volume 74, Number 46 (Wednesday, March 11, 2009)]
[Notices]
[Pages 10652-10653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5128]


=======================================================================
-----------------------------------------------------------------------

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, Treasury.

ACTION: Notice and request for comments regarding the renewal without 
change of the Report of International Transportation of Currency or 
Monetary Instruments.

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

SUMMARY: As part of our continuing effort to reduce paperwork and 
respondent burden, the Financial Crimes Enforcement Network 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 (the ``CMIR''). This 
request for comment is being made pursuant to the Paperwork Reduction 
Act of 1995 (PRA), Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).

DATES: Written comments should be received on or before May 11, 2009 to 
be assured of consideration.

ADDRESSES: Direct all written comments to: Regulatory Policy and 
Programs Division, Financial Crimes Enforcement Network, Department of 
the Treasury, P.O. 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: The FinCEN Regulatory Helpline at 800-
949-2732, select option 6. A copy of the form may also be obtained from 
the FinCEN Web site at http://www.fincen.gov/forms/files/fin105_cmir.pdf.

SUPPLEMENTARY INFORMATION: Title: Report of International 
Transportation of Currency or Monetary Instruments.
    OMB Number: 1506-0014.
    Form Number: FinCEN Form 105.
    Abstract: The Bank Secrecy Act (BSA), 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, or 
regulatory investigations or proceedings, or in the conduct of 
intelligence or counter-intelligence activities, including analysis, to 
protect against international terrorism or to implement counter-money 
laundering programs and compliance procedures. Regulations implementing 
Title II of the BSA appear at 31 CFR part 103. The authority of the 
Secretary to administer the BSA has been delegated to the Director of 
Financial Crimes Enforcement Network.
    Pursuant to the BSA, ``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 CMIR.
    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: Renewal without change.
    Type of Review: Renewal of a currently approved collection.
    Affected Public: Individuals, business or other for-profit 
institutions, and not-for-profit institutions.
    Estimated Number of Respondents: 280,000.
    Estimated Time per Respondent: 11 minutes.

[[Page 10653]]

    Estimated Total Annual Burden Hours: 51,333 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. Records required to be 
retained under the BSA must be retained for five years. Generally, 
information collected pursuant to the BSA 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 4, 2009.
James H. Freis, Jr.,
Director, Financial Crimes Enforcement Network.
 [FR Doc. E9-5128 Filed 3-10-09; 8:45 am]
BILLING CODE 4810-02-P