[Federal Register Volume 80, Number 137 (Friday, July 17, 2015)]
[Notices]
[Pages 42606-42607]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17572]


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DEPARTMENT OF THE TREASURY


Notice of Geographic Targeting Order

AGENCY: Financial Crimes Enforcement Network, Treasury.

ACTION: Notice.

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SUMMARY: This document provides notice that, pursuant to 31 U.S.C. 
5326(a), the Director of the Financial Crimes Enforcement Network

[[Page 42607]]

(``FinCEN''), U.S. Department of the Treasury, issued on July 13, 2015 
a Geographic Targeting Order (``Order'') requiring check cashers 
located in two South Florida counties to obtain and record identifying 
information about persons cashing Federal tax refund checks in excess 
of $1,000, as further described in the Order.

DATES: This Notice is effective on July 17, 2015.

FOR FURTHER INFORMATION CONTACT: All questions about the Order must be 
addressed to the FinCEN Resource Center at (800) 767-2825 (Monday 
through Friday, 8:00 a.m.-6:00 p.m. EST).

SUPPLEMENTARY INFORMATION: The Geographic Targeting Order is published 
as an attachment to this notice.

Jennifer Shasky Calvery,
Director, Financial Crimes Enforcement Network, U.S. Department of 
Treasury.

Geographic Targeting Order

I. Authority

    The Director of FinCEN may issue an order that imposes certain 
additional recordkeeping and reporting requirements on one or more 
domestic financial institutions or nonfinancial trades or businesses in 
a geographic area. See 31 U.S.C. 5326(a); 31 CFR 1010.370; Treasury 
Order 180-01. Pursuant to this authority, the Director of FinCEN hereby 
finds that reasonable grounds exist for concluding that the additional 
recordkeeping requirements described below are necessary to carry out 
the purposes of the Bank Secrecy Act and prevent evasions thereof.\1\
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    \1\ The Bank Secrecy Act is codified at 12 U.S.C. 1829b, 1951-
1959 and 31 U.S.C. 5311-5314, 5316-5332. Regulations implementing 
the Bank Secrecy Act appear at 31 CFR Chapter X.
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II. Additional Recordkeeping Requirements

A. Check Cashers and Transactions Covered by This Order

    For purposes of this Order, a ``Covered Business'' means a check 
casher, as defined under 31 CFR 1010.100(ff)(2), that maintains a 
location (including a branch or agent location) in one of the following 
counties in the State of Florida: Miami-Dade County or Broward County 
(the ``Covered Geographic Area'').
    For purposes of this Order, a ``Covered Transaction'' means any 
transaction in which a Covered Business cashes a Federal tax refund 
check in excess of $1,000 within the Covered Geographic Area. A Federal 
tax refund check includes (i) a U.S. Treasury check used to pay a tax 
refund, or (ii) a check issued by a third party in connection with an 
anticipated Federal tax refund (e.g., a Refund Anticipation Loan 
check).

B. Records Required To Be Obtained by a Covered Business When Engaging 
in a Covered Transaction

    If a Covered Business engages in a Covered Transaction, the Covered 
Business must obtain at the time of the Covered Transaction and record 
the following identifying information about the customer conducting the 
transaction:
    (i) A copy of the customer's valid government-issued 
identification, which must evidence nationality or residence, include a 
photograph of the customer, and be issued in the same name as that of 
the original payee of the check; \2\
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    \2\ For example, a driver's license or passport are acceptable 
forms of identification.
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    (ii) a clear digital photograph of the customer taken at the time 
of the Covered Transaction that matches the photograph depicted on the 
identification provided by the customer; \3\
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    \3\ An image captured by a surveillance video is not sufficient 
to satisfy this photograph requirement.
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    (iii) the customer's phone number; and
    (iv) a clear original thumbprint of the customer that is recorded 
on the check.

C. Retention of Records

    A Covered Business must: (i) Retain all records relating to 
compliance with this Order for a period of five years from the last day 
that this Order is effective (including any renewals of this Order); 
(ii) store such records in a manner accessible within a reasonable 
period of time; and (iii) make such records available to FinCEN or any 
other appropriate law enforcement or regulatory agency, upon request.

III. General Provisions

A. Definitions

    All terms used but not otherwise defined herein have the meaning 
set forth in Chapter X of Title 31 of the United States Code of Federal 
Regulations.

B. Order Period

    The terms of this Order are effective beginning on August 3, 2015 
and ending on January 30, 2016 (except as otherwise provided in Section 
II(C) above).

C. No Effect on Other Provisions of the Bank Secrecy Act

    Nothing in this Order modifies or otherwise affects any provision 
of the regulations implementing the Bank Secrecy Act to the extent not 
expressly stated herein.

D. Compliance

    A Covered Business must supervise, and is responsible for, 
compliance by each of its officers, directors, and employees with the 
terms of this Order. A Covered Business must transmit the Order to its 
Chief Executive Officer or other similarly acting manager.

E. Penalties for Noncompliance

    A Covered Business and any of its officers, directors, employees, 
or agents may be liable, without limitation, for civil and/or criminal 
penalties for violating any of the terms of this Order.

F. Validity of Order

    Any judicial determination that any provision of this Order is 
invalid does not affect the validity of any other provision of this 
Order, and each other provision must thereafter remain in full force 
and effect. A copy of this Order carries the full force and effect of 
an original signed Order.

G. Paperwork Reduction Act

    The collection of information subject to the Paperwork Reduction 
Act contained in this Order has been approved by the Office of 
Management and Budget (``OMB'') and assigned OMB Control Number 1506-
0056.

H. Questions

    All questions about the Order must be addressed to the FinCEN 
Resource Center at (800) 767-2825 (Monday through Friday, 8:00 a.m.-
6:00 p.m. EST).

    Dated: July 8, 2015.
Jennifer Shasky Calvery,
Director, Financial Crimes Enforcement Network, U.S. Department of the 
Treasury.
[FR Doc. 2015-17572 Filed 7-16-15; 8:45 am]
 BILLING CODE 4810-02-P