80 FR 42609 - Agency Information Collection Activities; Proposed Collection; Comment Request; Report of International Transportation of Currency or Monetary Instruments
DEPARTMENT OF THE TREASURY
Financial Crimes Enforcement Network Federal Register Volume 80, Issue 137 (July 17, 2015)
Financial Crimes Enforcement Network
Federal Register Volume 80, Issue 137 (July 17, 2015)
| Page Range | 42609-42610 | |
| FR Document | 2015-17624 |
[Federal Register Volume 80, Number 137 (Friday, July 17, 2015)] [Notices] [Pages 42609-42610] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-17624] ----------------------------------------------------------------------- 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 (``FinCEN''), Treasury. ACTION: Notice and request for comments regarding the renewal without change of the Report of International Transportation of Currency or Monetary Instruments (``CMIR''). ----------------------------------------------------------------------- SUMMARY: As part of our continuing effort to reduce paperwork and respondent burden, FinCEN invites the general public and other Federal agencies to comment on an information collection requirement concerning the CMIR. This request for comment is being made pursuant to the Paperwork Reduction Act of 1995 (``PRA''), Public Law 10 U.S.C. 3506(c)(2)(A)). DATES: Written comments should be received on or before September 15, 2015 to be assured of consideration. ADDRESSES: Direct all written comments to: Policy 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.'' Inspection of comments: 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: FinCEN Resource Center at 1-800-767- 2825 or 1-703-905-3591 (not a toll free number) and select option 3 for regulatory questions. Email inquiries can be sent to [email protected]. 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 (CMIR). Office of Management and Budget Number (``OMB''): 1506-0014. Form Number: FinCEN Form 105. Abstract: FinCEN exercises regulatory functions primarily under the Currency and Financial Transactions Reporting Act of 1970, as amended by the USA PATRIOT Act of 2001 and other legislation. This legislative framework is commonly referred to as the ``Bank Secrecy Act'' (``BSA'').\1\ The Secretary of the Treasury has delegated to the Director of FinCEN the authority to implement, administer and enforce compliance with the BSA and associated regulations.\2\ Pursuant to this authority, FinCEN may issue regulations requiring financial institutions to keep records and file reports that ``have a high degree of usefulness in criminal, tax, or regulatory investigations or proceedings, or in the conduct of intelligence or counterintelligence activities, including analysis, to protect against international terrorism.'' \3\ Additionally, FinCEN is authorized to impose regulations to maintain procedures to ensure compliance with the BSA and FinCEN's implementing regulations, or to guard against money laundering, which includes imposing anti-money laundering (``AML'') program requirements on financial institutions.\4\ --------------------------------------------------------------------------- \1\ The BSA is codified at 12 U.S.C. 1829b, 12 U.S.C. 1951-1959, 31 U.S.C. 5311-5314 and 5316-5332 and notes thereto, with implementing regulations at 31 CFR Chapter X. See 31 CFR 1010.100(e). \2\ Treasury Order 180-01 (Jul. 1, 2014). \3\ 31 U.S.C. 5311. \4\ 31 U.S.C. 5318(a) and (h). --------------------------------------------------------------------------- Pursuant to the BSA, the requirement of 31 U.S.C. 5316(a) has been implemented through regulations promulgated at 31 CFR 1010.340 and through the instructions for the CMIR as follows: (1) Each person who physically transports, mails, or ships, or causes to be physically transported, mailed, or shipped currency or other monetary instruments in an aggregate amount exceeding $10,000 at one time from the United States to any place outside the United States or into the United States from any place outside the United States, and (2) Each person who receives in the United States currency or other monetary instruments in an aggregate amount exceeding $10,000 at one time which have been transported, mailed, or shipped to the person from any place outside the United States. A transfer of funds through normal banking procedures, which does not involve the physical transportation of currency or monetary instruments, is not required to be reported on the CMIR. [[Page 42610]] 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: 30 minutes. Estimated Total Annual Burden Hours: 140,000 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: July 13, 2015. Jennifer Shasky Calvery, Director, Financial Crimes Enforcement Network [FR Doc. 2015-17624 Filed 7-16-15; 8:45 am] BILLING CODE 4810-02-P
![Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Notices 42609
identification programs and provide DEPARTMENT OF THE TREASURY Form Number: FinCEN Form 105.
their customers with notice of the Abstract: FinCEN exercises regulatory
programs. (See FR 68, 25131, May 9, Financial Crimes Enforcement Network functions primarily under the Currency
2003). and Financial Transactions Reporting
Agency Information Collection Act of 1970, as amended by the USA
Current Action: There is no change to Activities; Proposed Collection;
existing regulations. PATRIOT Act of 2001 and other
Comment Request; Report of legislation. This legislative framework is
Type of Review: Extension of a International Transportation of commonly referred to as the ‘‘Bank
currently approved information Currency or Monetary Instruments Secrecy Act’’ (‘‘BSA’’).1 The Secretary of
collection. AGENCY: Financial Crimes Enforcement the Treasury has delegated to the
Affected Public: Business and other Network (‘‘FinCEN’’), Treasury. Director of FinCEN the authority to
for profit institutions. ACTION: Notice and request for implement, administer and enforce
comments regarding the renewal compliance with the BSA and
Burden: Estimated Number of
without change of the Report of associated regulations.2 Pursuant to this
Respondents: 2,296. authority, FinCEN may issue regulations
International Transportation of
Estimated Average Annual Burden Currency or Monetary Instruments requiring financial institutions to keep
per Respondent: The estimated average (‘‘CMIR’’). records and file reports that ‘‘have a
burden associated with the notice high degree of usefulness in criminal,
requirement is 2 minutes per SUMMARY: As part of our continuing tax, or regulatory investigations or
respondent. FinCEN estimates 8,001,000 effort to reduce paperwork and proceedings, or in the conduct of
responses. respondent burden, FinCEN invites the intelligence or counterintelligence
general public and other Federal activities, including analysis, to protect
Estimated Number of Hours: 266,700.
agencies to comment on an information against international terrorism.’’ 3
An agency may not conduct or collection requirement concerning the Additionally, FinCEN is authorized to
sponsor, and a person is not required to CMIR. This request for comment is impose regulations to maintain
respond to, a collection of information being made pursuant to the Paperwork procedures to ensure compliance with
unless it displays a valid control Reduction Act of 1995 (‘‘PRA’’), Public the BSA and FinCEN’s implementing
number assigned by the Office of Law 10 U.S.C. 3506(c)(2)(A)). regulations, or to guard against money
Management and Budget. Records DATES: Written comments should be laundering, which includes imposing
required to be retained under the BSA received on or before September 15, anti-money laundering (‘‘AML’’)
must be retained for five years. 2015 to be assured of consideration. program requirements on financial
Generally, information collected ADDRESSES: Direct all written comments institutions.4
pursuant to the BSA is confidential but to: Policy Division, Financial Crimes Pursuant to the BSA, the requirement
may be shared as provided by law with Enforcement Network, Department of of 31 U.S.C. 5316(a) has been
regulatory and law enforcement the Treasury, P.O. Box 39, Vienna, VA implemented through regulations
authorities. 22183–0039, Attention: PRA promulgated at 31 CFR 1010.340 and
Comments—Report of International through the instructions for the CMIR as
Request for Comments: Comments
Transportation of Currency or Monetary follows:
submitted in response to this notice will
Instruments. Comments also may be (1) Each person who physically
be summarized and/or included in the
submitted by electronic mail to the transports, mails, or ships, or causes to
request for OMB approval. All
following Internet address: be physically transported, mailed, or
comments will become a matter of
‘‘regcomments@fincen.gov’’ with the shipped currency or other monetary
public record. Comments are invited on: instruments in an aggregate amount
caption in the body of the text,
(a) Whether the collection of exceeding $10,000 at one time from the
‘‘Attention: PRA Comments—Report of
information is necessary for the proper United States to any place outside the
International Transportation of
performance of the functions of the Currency or Monetary Instruments.’’ United States or into the United States
agency, including whether the Inspection of comments: Persons from any place outside the United
information shall have practical utility; wishing to inspect the comments States, and
(b) the accuracy of the agency’s estimate submitted must request an appointment (2) Each person who receives in the
of the burden of the collection of with the Disclosure Officer by United States currency or other
information; (c) ways to enhance the telephoning (703) 905–5034 (Not a toll monetary instruments in an aggregate
quality, utility, and clarity of the free call). amount exceeding $10,000 at one time
information to be collected: (d) ways to FOR FURTHER INFORMATION CONTACT: which have been transported, mailed, or
minimize the burden of the collection of FinCEN Resource Center at 1–800–767– shipped to the person from any place
information on respondents, including 2825 or 1–703–905–3591 (not a toll free outside the United States. A transfer of
through the use of automated collection number) and select option 3 for funds through normal banking
techniques or other forms of information regulatory questions. Email inquiries procedures, which does not involve the
technology; and (e) estimates of capital can be sent to FRC@fincen.gov. physical transportation of currency or
or start-up costs and costs of operation, A copy of the form may also be monetary instruments, is not required to
maintenance and purchase of services to obtained from the FinCEN Web site at be reported on the CMIR.
provide information. http://www.fincen.gov/forms/files/
srobinson on DSK5SPTVN1PROD with NOTICES
Dated: July 13, 2015.
fin105_cmir.pdf. 1 The BSA is codified at 12 U.S.C. 1829b, 12
SUPPLEMENTARY INFORMATION: U.S.C. 1951–1959, 31 U.S.C. 5311–5314 and 5316–
Jennifer Shasky Calvery, 5332 and notes thereto, with implementing
Title: Report of International regulations at 31 CFR Chapter X. See 31 CFR
Director, Financial Crimes Enforcement Transportation of Currency or Monetary 1010.100(e).
Network. Instruments (CMIR). 2 Treasury Order 180–01 (Jul. 1, 2014).
[FR Doc. 2015–17625 Filed 7–16–15; 8:45 am] Office of Management and Budget 3 31 U.S.C. 5311.
BILLING CODE 4810–02–P Number (‘‘OMB’’): 1506–0014. 4 31 U.S.C. 5318(a) and (h).
VerDate Sep<11>2014 20:59 Jul 16, 2015 Jkt 235001 PO 00000 Frm 00143 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1](https://thefederalregister.org/doc/80_FR_42746/page/1.svg)
![42610 Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Notices
Information collected on the CMIR is DEPARTMENT OF THE TREASURY the Treasury has delegated to the
made available, in accordance with Director of FinCEN the authority to
strict safeguards, to appropriate criminal Financial Crimes Enforcement Network implement, administer, and enforce
law enforcement and regulatory compliance with the BSA and
personnel in the official performance of Proposed Renewal; Comment associated regulations.2 Pursuant to this
their duties. The information collected Request; Anti-Money Laundering authority, FinCEN may issue regulations
is of use in investigations involving Programs for Precious Metals, requiring financial institutions to keep
international and domestic money Precious Stones, or Jewels records and file reports that ‘‘have a
laundering, tax evasion, fraud, and other AGENCY: Financial Crimes Enforcement high degree of usefulness in criminal,
financial crimes. Network (‘‘FinCEN’’), Treasury. tax, or regulatory investigations or
Current Actions: Renewal without ACTION: Notice and request for proceedings, or in the conduct of
change. comments. intelligence or counterintelligence
activities, including analysis, to protect
Type of Review: Renewal of a SUMMARY: As part of our continuing against international terrorism.3
currently approved collection. effort to reduce paperwork and Additionally, FinCEN is authorized to
Affected Public: Individuals, business respondent burden, we invite comment impose regulations to maintain
or other for-profit institutions, and not- on a proposed renewal, without change, procedures to ensure compliance with
for-profit institutions. to information collections found in the BSA and FinCEN’s implementing
Estimated Number of Respondents: existing regulations requiring dealers in regulations, or to guard against money
280,000. precious metals, stones, or jewels, to laundering, which includes imposing
develop and implement written anti- anti-money laundering (‘‘AML’’)
Estimated Time Per Respondent: 30 money laundering programs reasonably program requirements on financial
minutes. designed to prevent financial institutions.4
Estimated Total Annual Burden institutions from being used to facilitate Regulations implementing section
Hours: 140,000 hours. money laundering and the financing of 5318(h)(1) of the Act are found in part
An agency may not conduct or terrorist activities. This request for at 31 CFR 1027.210. In general, the
sponsor, and a person is not required to comments is being made pursuant to the regulations require financial
respond to, a collection of information Paperwork Reduction Act of 1995, institutions, as defined in 31 U.S.C.
unless the collection of information Public Law 104–13, 44 U.S.C. 5312(a)(2) and 31 CFR 1010.100 to
displays a valid OMB control number. 3506(c)(2)(A). establish, document, and maintain anti-
Records required to be retained under DATES: Written comments are welcome money laundering programs as an aid in
the BSA must be retained for five years. and must be received on or before protecting and securing the U.S.
Generally, information collected September 15, 2015. financial system.
pursuant to the BSA is confidential, but 1. Title: Anti-money laundering
ADDRESSES: Written comments should
may be shared as provided by law with programs for dealers in precious metals,
be submitted to: Financial Crimes
regulatory and law enforcement precious stones, or jewels (31 CFR
Enforcement Network, P.O. Box 39,
authorities. 1027.210).
Vienna, VA 22183, Attention: Anti-
OMB Control Number: 1505–0030.
Request for Comments: Comments Money Laundering Program Comments. Abstract: Dealers in precious metals,
submitted in response to this notice will Comments also may be submitted by precious stones, or jewels are required
be summarized and/or included in the electronic mail to the following Internet to establish and maintain written anti-
request for OMB approval. All address: regcomments@fincen.gov, again money laundering programs. A copy of
comments will become a matter of with a caption, in the body of the text, the written program must be maintained
public record. Comments are invited on: ‘‘Attention: Anti-Money Laundering for five years.
(a) Whether the collection of Program Comments.’’ Current Action: There is no change to
information is necessary for the proper Inspection of comments. Persons
existing regulations.
performance of the functions of the wishing to inspect the comments Type of Review: Extension of a
agency, including whether the submitted must request an appointment currently approved information
information shall have practical utility; with the Disclosure Officer by collection.
(b) the accuracy of the agency’s estimate telephoning (703) 905–5034 (Not a toll Affected Public: Business and other
of the burden of the collection of free call). for-profit institutions.
information; (c) ways to enhance the FOR FURTHER INFORMATION CONTACT: Burden:
quality, utility, and clarity of the FinCEN Resource Center at 1–800–767– Estimated Number of Respondents =
information to be collected; (d) ways to 2825 or 1–703–905–3591 (not a toll free 20,000.
minimize the burden of the collection of number) and select option 3 for Estimated Number of Responses =
information on respondents, including regulatory questions. Email inquiries 20,000.
through the use of automated collection can be sent to FRC@fincen.gov. Estimated Number of Hours = 20,000
techniques or other forms of information SUPPLEMENTARY INFORMATION: An agency may not conduct or sponsor,
technology; and (e) estimates of capital Abstract: FinCEN exercises regulatory
and a person is not required to respond
or start-up costs and costs of operation, functions primarily under the Currency
to, a collection of information unless it
maintenance, and purchase of services and Financial Transactions Reporting
displays a valid control number
srobinson on DSK5SPTVN1PROD with NOTICES
to provide information. Act of 1970, as amended by the USA
assigned by the Office of Management
Dated: July 13, 2015. PATRIOT Act of 2001 and other
legislation. This legislative framework is 5332 and notes thereto, with implementing
Jennifer Shasky Calvery,
commonly referred to as the ‘‘Bank regulations at 31 CFR Chapter X. See 31 CFR
Director, Financial Crimes Enforcement
Secrecy Act’’ (‘‘BSA’’).1 The Secretary of 1010.100(e).
Network 2 Treasury Order 180–01 (Jul. 1, 2014).
[FR Doc. 2015–17624 Filed 7–16–15; 8:45 am] 1 The BSA is codified at 12 U.S.C. 1829b, 12 3 31 U.S.C. 5311.
BILLING CODE 4810–02–P U.S.C. 1951–1959, 31 U.S.C. 5311–5314 and 5316– 4 31 U.S.C. 5318(a) and (h).
VerDate Sep<11>2014 20:59 Jul 16, 2015 Jkt 235001 PO 00000 Frm 00144 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1](https://thefederalregister.org/doc/80_FR_42746/page/2.svg)
Document Created: 2018-02-23 09:21:25
Document Modified: 2018-02-23 09:21:25
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice and request for comments regarding the renewal without change of the Report of International Transportation of Currency or Monetary Instruments (``CMIR''). | |
| Dates | Written comments should be received on or before September 15, 2015 to be assured of consideration. | |
| Contact | FinCEN Resource Center at 1-800-767- 2825 or 1-703-905-3591 (not a toll free number) and select option 3 for regulatory questions. Email inquiries can be sent to [email protected] | |
| FR Citation | 80 FR 42609 |
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