81_FR_10403 81 FR 10364 - Agency Information Collection Activities; Information Collection Renewal; Comment Request; Funding and Liquidity Risk Management

81 FR 10364 - Agency Information Collection Activities; Information Collection Renewal; Comment Request; Funding and Liquidity Risk Management

DEPARTMENT OF THE TREASURY
Office of the Comptroller of the Currency

Federal Register Volume 81, Issue 39 (February 29, 2016)

Page Range10364-10366
FR Document2016-04255

The OCC, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on a continuing information collection, as required by the Paperwork Reduction Act of 1995 (PRA). In accordance with the requirements of the PRA, the OCC may not conduct or sponsor, and the respondent is not required to respond to, an information collection unless it displays a currently valid Office of Management and Budget (OMB) control number. The OCC is soliciting comment concerning renewal of its information collection titled, ``Funding and Liquidity Risk Management.''

Federal Register, Volume 81 Issue 39 (Monday, February 29, 2016)
[Federal Register Volume 81, Number 39 (Monday, February 29, 2016)]
[Notices]
[Pages 10364-10366]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-04255]


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DEPARTMENT OF THE TREASURY

Office of the Comptroller of the Currency


Agency Information Collection Activities; Information Collection 
Renewal; Comment Request; Funding and Liquidity Risk Management

AGENCY: Office of the Comptroller of the Currency (OCC), Treasury.

ACTION: Notice and request for comment.

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

SUMMARY: The OCC, as part of its continuing effort to reduce paperwork 
and respondent burden, invites the general public and other Federal 
agencies to take this opportunity to comment on a continuing 
information collection, as required by the Paperwork Reduction Act of 
1995 (PRA).

[[Page 10365]]

    In accordance with the requirements of the PRA, the OCC may not 
conduct or sponsor, and the respondent is not required to respond to, 
an information collection unless it displays a currently valid Office 
of Management and Budget (OMB) control number.
    The OCC is soliciting comment concerning renewal of its information 
collection titled, ``Funding and Liquidity Risk Management.''

DATES: Comments must be received by April 29, 2016.

ADDRESSES: Because paper mail in the Washington, DC area and at the OCC 
is subject to delay, commenters are encouraged to submit comments by 
email, if possible. Comments may be sent to: Legislative and Regulatory 
Activities Division, Office of the Comptroller of the Currency, 
Attention: 1557-0244, 400 7th Street SW., Suite 3E-218, Mail Stop 9W-
11, Washington, DC 20219. In addition, comments may be sent by fax to 
(571) 465-4326 or by electronic mail to [email protected]. You may 
personally inspect and photocopy comments at the OCC, 400 7th Street 
SW., Washington, DC 20219. For security reasons, the OCC requires that 
visitors make an appointment to inspect comments. You may do so by 
calling (202) 649-6700 or, for persons who are deaf or hard of hearing, 
TTY, (202) 649-5597. Upon arrival, visitors will be required to present 
valid government-issued photo identification and submit to security 
screening in order to inspect and photocopy comments.
    All comments received, including attachments and other supporting 
materials, are part of the public record and subject to public 
disclosure. Do not include any information in your comment or 
supporting materials that you consider confidential or inappropriate 
for public disclosure.

FOR FURTHER INFORMATION CONTACT: Shaquita Merritt, OCC Clearance 
Officer, (202) 649-5490 or, for persons who are deaf or hard of 
hearing, TTY, (202) 649-5597, Legislative and Regulatory Activities 
Division, Office of the Comptroller of the Currency, 400 7th Street 
SW., Suite 3E-218, Mailstop 9W-11, Washington, DC 20219.

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal 
agencies must obtain approval from OMB for each collection of 
information they conduct or sponsor. ``Collection of information'' is 
defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) to include agency 
requests or requirements that members of the public submit reports, 
keep records, or provide information to a third party. Section 
3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) requires Federal 
agencies to provide a 60-day notice in the Federal Register concerning 
each proposed collection of information, including each proposed 
extension of an existing collection of information, before submitting 
the collection to OMB for approval. To comply with this requirement, 
the OCC is publishing notice of the collection of information set forth 
in this document.
    The OCC is proposing to extend OMB approval of the following 
information collection:
    Title: Funding and Liquidity Risk Management.
    OMB Control No.: 1557-0244.
    Type of Review: Extension, without revision, of a currently 
approved collection.
    Description: The Interagency Policy Statement on Funding and 
Liquidity Risk Management \1\ (Policy Statement) summarizes the 
principles of sound liquidity risk management that the agencies have 
issued in the past \2\ and, where appropriate, harmonizes these 
principles with the international statement issued by the Basel 
Committee on Banking Supervision titled ``Principles for Sound 
Liquidity Risk Management and Supervision.'' \3\ The Policy Statement 
emphasizes supervisory expectations for all depository institutions 
including banks, savings associations, and credit unions.
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    \1\ 75 FR 13656 (Mar. 22, 2010).
    \2\ For national banks and Federal savings associations, see the 
Comptroller's Handbook on Liquidity. For state member banks and bank 
holding companies, see the Federal Reserve's Commercial Bank 
Examination Manual (section 4020), Bank Holding Company Supervision 
Manual (section 4010), and Trading and Capital Markets Activities 
Manual (section 2030). For state non-member banks, see the FDIC's 
Revised Examination Guidance for Liquidity and Funds Management 
(Trans. No. 2002-01) (Nov. 19, 2001), and Financial Institution 
Letter 84-2008, Liquidity Risk Management (August 2008). For 
Federally insured credit unions, see Letter to Credit Unions No. 02-
CU-05, Examination Program Liquidity Questionnaire (March 2002). 
Also see Basel Committee on Banking Supervision, ``Principles for 
Sound Liquidity Risk Management and Supervision'' (September 2008).
    \3\ Basel Committee on Banking Supervision, ``Principles for 
Sound Liquidity Risk Management and Supervision,'' September 2008. 
See www.bis.org/publ/bcbs144.htm. Federally insured credit unions 
are not directly referenced in the principles issued by the Basel 
Committee.
---------------------------------------------------------------------------

    Section 14 of the Policy Statement provides that financial 
institutions should consider liquidity costs, benefits, and risks in 
strategic planning and budgeting processes. Significant business 
activities should be evaluated for liquidity risk exposure as well as 
profitability. More complex and sophisticated financial institutions 
should incorporate liquidity costs, benefits, and risks in the internal 
product pricing, performance measurement, and new product approval 
process for all material business lines, products, and activities. 
Incorporating the cost of liquidity into these functions should align 
the risk-taking incentives of individual business lines with the 
liquidity risk exposure their activities create for the institution as 
a whole. The quantification and attribution of liquidity risks should 
be explicit and transparent at the line management level, and should 
include consideration of how liquidity would be affected under stressed 
conditions.
    Section 20 of the Policy Statement states that liquidity risk 
reports should provide aggregate information with sufficient supporting 
detail to enable management to assess the sensitivity of the 
institution to changes in market conditions, its own financial 
performance, and other important risk factors. Institutions also should 
report on the use of and availability of government support, such as 
lending and guarantee programs, and implications on liquidity 
positions, particularly since these programs are generally temporary or 
reserved as a source for contingent funding.
    Affected Public: Businesses or other for-profit.
    Frequency: On occasion.

Estimated Burden

    The OCC estimates the burden of this collection of information on 
national banks and Federal savings associations as follows:
    Estimated Number of Respondents: 1,469 total, 15 large (over $100 
billion in assets), 46 mid-size ($10--$100 billion), 1,408 small (less 
than $10 billion).
    Estimated Burden under Section 14: 360 hours per large respondent, 
120 hours per mid-size respondent, and 40 hours per small respondent.
    Estimated Burden under Section 20: 2 hours per month.
    Total Estimated Burden Hours: 102,496 hours.
    Comments: Comments submitted in response to this notice will be 
summarized and included in the request for OMB approval. All comments 
will become a matter of public record. Comments are invited on:
    (a) Whether the information collections are necessary for the 
proper performance of the functions of the OCC, including whether the 
information has practical utility;
    (b) The accuracy of the OCC's estimate of the information 
collection burden;

[[Page 10366]]

    (c) Ways to enhance the quality, utility, and clarity of the 
information to be collected;
    (d) Ways to minimize the burden of information collections 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 the services necessary to provide the 
required information.

    Dated: February 23, 2016.
Mary Hoyle Gottlieb,
Regulatory Specialist, Legislative and Regulatory Activities Division.
[FR Doc. 2016-04255 Filed 2-26-16; 8:45 am]
 BILLING CODE 4810-33-P



                                                    10364                        Federal Register / Vol. 81, No. 39 / Monday, February 29, 2016 / Notices

                                                    collection, as required by the Paperwork                members of the public submit reports,                 understand that they are not required to
                                                    Reduction Act of 1995 (PRA).                            keep records, or provide information to               purchase, and may refrain from
                                                      In accordance with the requirements                   a third party. Section 3506(c)(2)(A) of               purchasing, certain insurance products
                                                    of the PRA, the OCC may not conduct                     the PRA (44 U.S.C. 3506(c)(2)(A))                     or annuities in order to qualify for an
                                                    or sponsor, and the respondent is not                   requires Federal agencies to provide a                extension of credit.
                                                    required to respond to, an information                  60-day notice in the Federal Register                   Affected Public: Businesses or other
                                                    collection unless it displays a currently               concerning each proposed collection of                for-profit.
                                                    valid Office of Management and Budget                   information, including each proposed                    Frequency: On occasion.
                                                    (OMB) control number.                                   extension of an existing collection of                  Estimated Burden:
                                                      The OCC is soliciting comment                         information, before submitting the                      Estimated Number of Respondents:
                                                    concerning renewal of its information                   collection to OMB for approval. To                    663.
                                                    collection titled, ‘‘Consumer Protections               comply with this requirement, the OCC                   Total Estimated Burden Hours: 3,315
                                                    for Depository Institution Sales of                     is publishing notice of the collection of             hours.
                                                    Insurance.’’                                            information set forth in this document.                 Comments: Comments submitted in
                                                                                                               The OCC is proposing to extend OMB                 response to this notice will be
                                                    DATES: Comments must be received by
                                                                                                            approval of the following information                 summarized and included in the request
                                                    April 29, 2016.                                                                                               for OMB approval. All comments will
                                                    ADDRESSES: Because paper mail in the
                                                                                                            collection:
                                                                                                               Title: Consumer Protections for                    become a matter of public record.
                                                    Washington, DC area and at the OCC is                                                                         Comments are invited on:
                                                                                                            Depository Institution Sales of
                                                    subject to delay, commenters are                                                                                (a) Whether the collection of
                                                                                                            Insurance.
                                                    encouraged to submit comments by                                                                              information is necessary for the proper
                                                                                                               OMB Control No.: 1557–0220.
                                                    email, if possible. Comments may be                        Type of Review: Extension, without                 performance of the functions of the
                                                    sent to: Legislative and Regulatory                     revision, of a currently approved                     OCC, including whether the information
                                                    Activities Division, Office of the                      collection.                                           has practical utility;
                                                    Comptroller of the Currency, Attention:                    Description: This information                        (b) The accuracy of the OCC’s
                                                    1557–0220, 400 7th Street SW., Suite                    collection is required under section 305              estimate of the information collection
                                                    3E–218, Mail Stop 9W–11, Washington,                    of the Gramm-Leach-Bliley Act (GLB                    burden;
                                                    DC 20219. In addition, comments may                     Act), Public Law 106–102. Section 305                   (c) Ways to enhance the quality,
                                                    be sent by fax to (571) 465–4326 or by                  of the GLB Act requires the OCC, the                  utility, and clarity of the information to
                                                    electronic mail to prainfo@occ.treas.gov.               Board of Governors of the Federal                     be collected;
                                                    You may personally inspect and                          Reserve System, and the Federal Deposit                 (d) Ways to minimize the burden of
                                                    photocopy comments at the OCC, 400                      Insurance Corporation (collectively, the              the collection on respondents, including
                                                    7th Street SW., Washington, DC 20219.                   Agencies) to prescribe joint consumer                 through the use of automated collection
                                                    For security reasons, the OCC requires                  protection regulations that apply to                  techniques or other forms of information
                                                    that visitors make an appointment to                    retail sales practices, solicitations,                technology; and
                                                    inspect comments. You may do so by                      advertising, and offers of any insurance                (e) Estimates of capital or start-up
                                                    calling (202) 649–6700 or, for persons                  product by a depository institution or by             costs and costs of operation,
                                                    who are deaf or hard of hearing, TTY,                   other persons performing these                        maintenance, and purchase of the
                                                    (202) 649–5597. Upon arrival, visitors                  activities at an office of the institution            services necessary to provide the
                                                    will be required to present valid                       or on behalf of the institution (other                required information.
                                                    government-issued photo identification                  covered persons). Section 305 also                      Dated: February 23, 2016.
                                                    and submit to security screening in                     requires those performing such                        Mary Hoyle Gottlieb,
                                                    order to inspect and photocopy                          activities to disclose certain information            Regulatory Specialist, Legislative and
                                                    comments.                                               to consumers (e.g., that insurance                    Regulatory Activities Division.
                                                       All comments received, including                     products and annuities are not FDIC-                  [FR Doc. 2016–04266 Filed 2–26–16; 8:45 am]
                                                    attachments and other supporting                        insured).                                             BILLING CODE 4810–33–P
                                                    materials, are part of the public record                   This information collection requires
                                                    and subject to public disclosure. Do not                national banks, Federal savings
                                                    include any information in your                         associations, and other covered persons,              DEPARTMENT OF THE TREASURY
                                                    comment or supporting materials that                    as defined in 12 CFR 14.20(f) and
                                                    you consider confidential or                            136.20, involved in insurance sales to                Office of the Comptroller of the
                                                    inappropriate for public disclosure.                    make two separate disclosures to                      Currency
                                                    FOR FURTHER INFORMATION CONTACT:                        consumers. Under §§ 14.40 and 136.40,
                                                    Shaquita Merritt, Clearance Officer,                    a national bank, Federal savings                      Agency Information Collection
                                                    (202) 649–5490 or, for persons who are                  association, or other covered person                  Activities; Information Collection
                                                    deaf or hard of hearing, TTY, (202) 649–                must prepare and provide orally and in                Renewal; Comment Request; Funding
                                                    5597, Legislative and Regulatory                        writing: (1) Certain insurance                        and Liquidity Risk Management
                                                    Activities Division, Office of the                      disclosures to consumers before the                   AGENCY: Office of the Comptroller of the
                                                    Comptroller of the Currency, 400 7th                    completion of the initial sale of an                  Currency (OCC), Treasury.
                                                    Street SW., Suite 3E–218, Mail Stop                     insurance product or annuity to a                     ACTION: Notice and request for comment.
                                                    9W–11, Washington, DC 20219.                            consumer and (2) certain credit
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    SUPPLEMENTARY INFORMATION: Under the                    disclosures at the time of application for            SUMMARY:   The OCC, as part of its
                                                    PRA (44 U.S.C. 3501–3520), Federal                      the extension of credit (if insurance                 continuing effort to reduce paperwork
                                                    agencies must obtain approval from                      products or annuities are sold, solicited,            and respondent burden, invites the
                                                    OMB for each collection of information                  advertised, or offered in connection                  general public and other Federal
                                                    they conduct or sponsor. ‘‘Collection of                with an extension of credit).                         agencies to take this opportunity to
                                                    information’’ is defined in 44 U.S.C.                      Consumers use the disclosures to                   comment on a continuing information
                                                    3502(3) and 5 CFR 1320.3(c) to include                  understand the risks associated with                  collection, as required by the Paperwork
                                                    agency requests or requirements that                    insurance products and annuities and to               Reduction Act of 1995 (PRA).


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                                                                                 Federal Register / Vol. 81, No. 39 / Monday, February 29, 2016 / Notices                                            10365

                                                       In accordance with the requirements                  the PRA (44 U.S.C. 3506(c)(2)(A))                     product pricing, performance
                                                    of the PRA, the OCC may not conduct                     requires Federal agencies to provide a                measurement, and new product
                                                    or sponsor, and the respondent is not                   60-day notice in the Federal Register                 approval process for all material
                                                    required to respond to, an information                  concerning each proposed collection of                business lines, products, and activities.
                                                    collection unless it displays a currently               information, including each proposed                  Incorporating the cost of liquidity into
                                                    valid Office of Management and Budget                   extension of an existing collection of                these functions should align the risk-
                                                    (OMB) control number.                                   information, before submitting the                    taking incentives of individual business
                                                       The OCC is soliciting comment                        collection to OMB for approval. To                    lines with the liquidity risk exposure
                                                    concerning renewal of its information                   comply with this requirement, the OCC                 their activities create for the institution
                                                    collection titled, ‘‘Funding and                        is publishing notice of the collection of             as a whole. The quantification and
                                                    Liquidity Risk Management.’’                            information set forth in this document.               attribution of liquidity risks should be
                                                    DATES: Comments must be received by                        The OCC is proposing to extend OMB                 explicit and transparent at the line
                                                    April 29, 2016.                                         approval of the following information                 management level, and should include
                                                    ADDRESSES: Because paper mail in the                    collection:                                           consideration of how liquidity would be
                                                    Washington, DC area and at the OCC is                      Title: Funding and Liquidity Risk                  affected under stressed conditions.
                                                    subject to delay, commenters are                        Management.                                              Section 20 of the Policy Statement
                                                    encouraged to submit comments by                           OMB Control No.: 1557–0244.
                                                                                                               Type of Review: Extension, without                 states that liquidity risk reports should
                                                    email, if possible. Comments may be                                                                           provide aggregate information with
                                                                                                            revision, of a currently approved
                                                    sent to: Legislative and Regulatory                                                                           sufficient supporting detail to enable
                                                                                                            collection.
                                                    Activities Division, Office of the                         Description: The Interagency Policy                management to assess the sensitivity of
                                                    Comptroller of the Currency, Attention:                 Statement on Funding and Liquidity                    the institution to changes in market
                                                    1557–0244, 400 7th Street SW., Suite                    Risk Management 1 (Policy Statement)                  conditions, its own financial
                                                    3E–218, Mail Stop 9W–11, Washington,                    summarizes the principles of sound                    performance, and other important risk
                                                    DC 20219. In addition, comments may                     liquidity risk management that the                    factors. Institutions also should report
                                                    be sent by fax to (571) 465–4326 or by                  agencies have issued in the past 2 and,               on the use of and availability of
                                                    electronic mail to prainfo@occ.treas.gov.               where appropriate, harmonizes these                   government support, such as lending
                                                    You may personally inspect and                          principles with the international                     and guarantee programs, and
                                                    photocopy comments at the OCC, 400                      statement issued by the Basel                         implications on liquidity positions,
                                                    7th Street SW., Washington, DC 20219.                   Committee on Banking Supervision                      particularly since these programs are
                                                    For security reasons, the OCC requires                  titled ‘‘Principles for Sound Liquidity               generally temporary or reserved as a
                                                    that visitors make an appointment to                    Risk Management and Supervision.’’ 3                  source for contingent funding.
                                                    inspect comments. You may do so by                      The Policy Statement emphasizes                          Affected Public: Businesses or other
                                                    calling (202) 649–6700 or, for persons                  supervisory expectations for all                      for-profit.
                                                    who are deaf or hard of hearing, TTY,                   depository institutions including banks,                 Frequency: On occasion.
                                                    (202) 649–5597. Upon arrival, visitors                  savings associations, and credit unions.
                                                    will be required to present valid                          Section 14 of the Policy Statement                 Estimated Burden
                                                    government-issued photo identification                  provides that financial institutions                    The OCC estimates the burden of this
                                                    and submit to security screening in                     should consider liquidity costs, benefits,            collection of information on national
                                                    order to inspect and photocopy                          and risks in strategic planning and                   banks and Federal savings associations
                                                    comments.                                               budgeting processes. Significant                      as follows:
                                                       All comments received, including                     business activities should be evaluated                 Estimated Number of Respondents:
                                                    attachments and other supporting                        for liquidity risk exposure as well as                1,469 total, 15 large (over $100 billion
                                                    materials, are part of the public record                profitability. More complex and                       in assets), 46 mid-size ($10—$100
                                                    and subject to public disclosure. Do not                sophisticated financial institutions                  billion), 1,408 small (less than $10
                                                    include any information in your                         should incorporate liquidity costs,                   billion).
                                                    comment or supporting materials that                    benefits, and risks in the internal
                                                    you consider confidential or                                                                                    Estimated Burden under Section 14:
                                                    inappropriate for public disclosure.                      1 75 FR 13656 (Mar. 22, 2010).
                                                                                                                                                                  360 hours per large respondent, 120
                                                                                                              2 For national banks and Federal savings            hours per mid-size respondent, and 40
                                                    FOR FURTHER INFORMATION CONTACT:
                                                                                                            associations, see the Comptroller’s Handbook on       hours per small respondent.
                                                    Shaquita Merritt, OCC Clearance
                                                                                                            Liquidity. For state member banks and bank holding      Estimated Burden under Section 20: 2
                                                    Officer, (202) 649–5490 or, for persons                 companies, see the Federal Reserve’s Commercial
                                                    who are deaf or hard of hearing, TTY,                   Bank Examination Manual (section 4020), Bank
                                                                                                                                                                  hours per month.
                                                    (202) 649–5597, Legislative and                         Holding Company Supervision Manual (section             Total Estimated Burden Hours:
                                                                                                            4010), and Trading and Capital Markets Activities     102,496 hours.
                                                    Regulatory Activities Division, Office of               Manual (section 2030). For state non-member
                                                    the Comptroller of the Currency, 400 7th                banks, see the FDIC’s Revised Examination               Comments: Comments submitted in
                                                    Street SW., Suite 3E–218, Mailstop 9W–                  Guidance for Liquidity and Funds Management           response to this notice will be
                                                    11, Washington, DC 20219.                               (Trans. No. 2002–01) (Nov. 19, 2001), and Financial   summarized and included in the request
                                                                                                            Institution Letter 84–2008, Liquidity Risk            for OMB approval. All comments will
                                                    SUPPLEMENTARY INFORMATION: Under the                    Management (August 2008). For Federally insured
                                                    PRA (44 U.S.C. 3501–3520), Federal                      credit unions, see Letter to Credit Unions No. 02–    become a matter of public record.
                                                    agencies must obtain approval from                      CU–05, Examination Program Liquidity                  Comments are invited on:
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    OMB for each collection of information                  Questionnaire (March 2002). Also see Basel              (a) Whether the information
                                                                                                            Committee on Banking Supervision, ‘‘Principles for
                                                    they conduct or sponsor. ‘‘Collection of                Sound Liquidity Risk Management and
                                                                                                                                                                  collections are necessary for the proper
                                                    information’’ is defined in 44 U.S.C.                   Supervision’’ (September 2008).                       performance of the functions of the
                                                    3502(3) and 5 CFR 1320.3(c) to include                     3 Basel Committee on Banking Supervision,          OCC, including whether the information
                                                    agency requests or requirements that                    ‘‘Principles for Sound Liquidity Risk Management      has practical utility;
                                                                                                            and Supervision,’’ September 2008. See
                                                    members of the public submit reports,                   www.bis.org/publ/bcbs144.htm. Federally insured
                                                                                                                                                                    (b) The accuracy of the OCC’s
                                                    keep records, or provide information to                 credit unions are not directly referenced in the      estimate of the information collection
                                                    a third party. Section 3506(c)(2)(A) of                 principles issued by the Basel Committee.             burden;


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                                                    10366                        Federal Register / Vol. 81, No. 39 / Monday, February 29, 2016 / Notices

                                                      (c) Ways to enhance the quality,                      of the text, ‘‘Attention: PRA                         institutions information regarding
                                                    utility, and clarity of the information to              Comments—314(a) program.’’                            individuals, entities, and organizations
                                                    be collected;                                              • Please submit by one method only.                engaged in or reasonably suspected based on
                                                                                                            All comments submitted by either                      credible evidence of engaging in terrorist acts
                                                      (d) Ways to minimize the burden of
                                                                                                                                                                  or money laundering activities.1
                                                    information collections on respondents,                 method in response to this notice will
                                                    including through the use of automated                  become a matter of public record.                     B. Overview of the Current Regulatory
                                                    collection techniques or other forms of                 Therefore, you should submit only                     Provisions Regarding the 314(a)
                                                    information technology; and                             information that you wish to make                     Program
                                                      (e) Estimates of capital or start-up                  publicly available.
                                                                                                               Inspection of comments. Comments                      On September 26, 2002, FinCEN
                                                    costs and costs of operation,
                                                                                                            will be posted on the FinCEN public                   published a final rule implementing the
                                                    maintenance, and purchase of the
                                                                                                            Web site. Persons wishing to review the               authority contained in section 314(a) of
                                                    services necessary to provide the
                                                                                                            comments submitted may access the                     the Act.2 That rule (‘‘the 314(a) rule’’)
                                                    required information.
                                                                                                            posted comments by going to                           required U.S. financial institutions upon
                                                      Dated: February 23, 2016.                                                                                   FinCEN’s request, to search their
                                                                                                            https://www.fincen.gov/statutes_regs/
                                                    Mary Hoyle Gottlieb,                                                                                          records to determine whether they have
                                                                                                            frn/https://www.fincen.gov/statutes_
                                                    Regulatory Specialist, Legislative and                  regs/frn/ and select the appropriate                  maintained an account or conducted a
                                                    Regulatory Activities Division.                                                                               transaction with a person that a Federal
                                                                                                            listing.
                                                    [FR Doc. 2016–04255 Filed 2–26–16; 8:45 am]                                                                   law enforcement agency has certified is
                                                                                                            FOR FURTHER INFORMATION CONTACT:                      engaging in or suspected, based on
                                                    BILLING CODE 4810–33–P
                                                                                                            FinCEN Resource Center at 1–800–767–                  credible evidence, of engaging in
                                                                                                            2825 or 1–703–905–3591 (not a toll free               terrorist activity or money laundering.3
                                                    DEPARTMENT OF THE TREASURY                              number) and select option 3 for                       The rule was expanded on February 10,
                                                                                                            regulatory questions. Email inquiries                 2010, to enable certain entities other
                                                    Financial Crimes Enforcement Network                    can be sent to FRC@fincen.gov.                        than Federal law enforcement agencies
                                                                                                            SUPPLEMENTARY INFORMATION:                            to benefit from 314(a) requests to
                                                    Proposed Collection; Comment
                                                                                                            I. Background                                         industry. As amended, the rule now also
                                                    Request; Renewal Without Change of
                                                                                                                                                                  enables certain foreign law enforcement
                                                    the Requirement for Information                         A. Statutory Provisions                               agencies, state and local law
                                                    Sharing Between Government
                                                                                                               On October 26, 2001, the President                 enforcement agencies, as well as
                                                    Agencies and Financial Institutions
                                                                                                            signed into law the Uniting and                       FinCEN, on its own behalf and on behalf
                                                    AGENCY: Financial Crimes Enforcement                    Strengthening America by Providing                    of appropriate components of the
                                                    Network (‘‘FinCEN’’), Treasury.                         Appropriate Tools Required to Intercept               Department of the Treasury, to initiate
                                                    ACTION: Notice and request for                          and Obstruct Terrorism Act of 2001                    314(a) queries.4 Before processing a
                                                    comments.                                               (‘‘USA PATRIOT Act’’ or ‘‘Act’’), Public              request, FinCEN requires the requesting
                                                                                                            Law 107–56. Title III of the Act amends               agency to certify that, in the case of
                                                    SUMMARY:   The Department of the                        the anti-money laundering provisions of               money laundering, the matter is
                                                    Treasury, as part of its continuing effort              the Bank Secrecy Act (‘‘BSA’’), codified              significant, and that the requesting
                                                    to reduce paperwork and respondent                      at 12 U.S.C. 1829b and 1951–1959 and                  agency has been unable to locate the
                                                    burden, invites the general public and                  31 U.S.C. 5311–5314 and 5316–5332, to                 information sought through traditional
                                                    other Federal agencies to take this                     promote the prevention, detection, and                methods of investigation and analysis
                                                    opportunity to comment on proposed                      prosecution of international money                    before attempting to use the 314(a)
                                                    and/or continuing information                           laundering and the financing of                       program.5
                                                    collections, as required by the                         terrorism. Regulations implementing the                  Since its inception, the 314(a)
                                                    Paperwork Reduction Act of 1995,                        BSA appear at 31 CFR Chapter X. The                   program has yielded significant
                                                    Public Law 104–13 (44 U.S.C.                            authority of the Secretary of the                     investigative benefits for law
                                                    3506(c)(2)(A)). Currently, FinCEN is                    Treasury to administer the BSA has                    enforcement in terrorist financing and
                                                    soliciting comments concerning the                      been delegated to the Director of                     significant money laundering cases.
                                                    renewal without change of the                           FinCEN.                                               Feedback from the requesters and
                                                    ‘‘Information sharing between                              Of the Act’s many goals, the                       illustrations from sample case studies
                                                    government agencies and financial                       facilitation of information sharing                   consistently demonstrate that the
                                                    institutions’’ under 31 CFR 1010.520,                   among governmental entities and                       program is extremely valuable to
                                                    generally referred to as the 314(a)                     financial institutions for the purpose of             furthering terrorist financing and
                                                    program.                                                combating terrorism and money                         significant money laundering
                                                    DATES:  Written comments are welcome                    laundering, is of paramount importance.               investigations. In view of the proven
                                                    and must be received on or before April                 As with many other provisions of the                  success of the 314(a) program, FinCEN
                                                    29, 2016.                                               Act, Congress has charged the U.S.                    seeks to renew without change the
                                                                                                            Department of the Treasury with                       314(a) program.
                                                    ADDRESSES: Written comments SHOULD                      developing regulations to implement
                                                    BE SUBMITTED to: Office of Regulatory                   these information-sharing provisions.                   1 See 31 U.S.C. 5311–5314.
                                                    Policy, Financial Crimes Enforcement
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                                                                                                               Subsection 314(a) of the Act states in               2 Special Information Sharing Procedures to Deter
                                                    Network, Department of the Treasury,                    part that:                                            Money Laundering and Terrorist Activity, 67 FR
                                                    P.O. Box 39, Vienna, Virginia 22183.                                                                          60,579 (Sept. 26, 2002).
                                                    Attention: PRA Comments—314(a)                          [t]he Secretary shall . . . adopt regulations to        3 31 CFR 1010.520.
                                                                                                            encourage further cooperation among
                                                    program.                                                financial institutions, their regulatory
                                                                                                                                                                    4 Expansion of Special Information Sharing

                                                       • Comments also may be submitted                     authorities, and law enforcement authorities,
                                                                                                                                                                  Procedures To Deter Money Laundering and
                                                                                                                                                                  Terrorist Activity, 75 FR 6560 (Feb. 10, 2010).
                                                    by electronic mail to the following                     with the specific purpose of encouraging                5 FinCEN’s 314(a) Fact Sheet (https://
                                                    Internet address: regcomments@                          regulatory authorities and law enforcement            www.fincen.gov/statutes_regs/patriot/pdf/
                                                    fincen.gov with the caption in the body                 authorities to share with financial                   314afactsheet.pdf)



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Document Created: 2016-02-27 02:05:08
Document Modified: 2016-02-27 02:05:08
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice and request for comment.
DatesComments must be received by April 29, 2016.
ContactShaquita Merritt, OCC Clearance Officer, (202) 649-5490 or, for persons who are deaf or hard of hearing, TTY, (202) 649-5597, Legislative and Regulatory Activities Division, Office of the Comptroller of the Currency, 400 7th Street SW., Suite 3E-218, Mailstop 9W-11, Washington, DC 20219.
FR Citation81 FR 10364 

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