83 FR 46013 - Agency Information Collection Activities; Proposed Renewal; Comment Request; Renewal Without Change of the Report of International Transportation of Currency or Monetary Instruments
DEPARTMENT OF THE TREASURY
Financial Crimes Enforcement Network Federal Register Volume 83, Issue 176 (September 11, 2018)
Financial Crimes Enforcement Network
Federal Register Volume 83, Issue 176 (September 11, 2018)
| Page Range | 46013-46014 | |
| FR Document | 2018-19654 |
[Federal Register Volume 83, Number 176 (Tuesday, September 11, 2018)] [Notices] [Pages 46013-46014] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-19654] ----------------------------------------------------------------------- DEPARTMENT OF THE TREASURY Financial Crimes Enforcement Network Agency Information Collection Activities; Proposed Renewal; Comment Request; Renewal Without Change of the Report of International Transportation of Currency or Monetary Instruments AGENCY: Financial Crimes Enforcement Network (``FinCEN''), U.S. Department of the Treasury. ACTION: Notice and request for comments. ----------------------------------------------------------------------- SUMMARY: FinCEN invites comment on the renewal of an information collection requirement concerning the Report of International Transportation of Currency or Monetary Instruments (``CMIR''). This request for comment is being made pursuant to the Paperwork Reduction Act of 1995. DATES: Written comments are welcome and must be received on or before November 13, 2018. ADDRESSES: Comments may be submitted by any of the following methods:Federal E-rulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. Refer to Docket Number FINCEN-2018-0012 and the specific Office of Management and Budget (``OMB'') control number 1506-0014. Mail: Policy Division, Financial Crimes Enforcement Network, P.O. Box 39, Vienna, VA 22183. Refer to Docket Number FINCEN- 2018-0012 and OMB control number 1506-0014. Please submit comments by one method only. Comments will also be incorporated to FinCEN's retrospective regulatory review process, as mandated by E.O. 12866 and 13563. All comments submitted in response to this notice will become a matter of public record. Therefore, you should submit only information that you wish to make publicly available. FOR FURTHER INFORMATION CONTACT: The FinCEN Resource Center at 800-767- 2825 or electronically at [email protected]. SUPPLEMENTARY INFORMATION: The Bank Secrecy Act (``BSA''), Titles I and II of Public Law 91-508, as amended, codified at 12 U.S.C. 1829(b), 12 U.S.C. 1951-1959, and 31 U.S.C. et seq., authorizes the Secretary of the Treasury, among other things, to require financial institutions to keep records and file reports that are determined to have a high degree of usefulness in criminal, tax, and regulatory matters or in the conduct of intelligence or counter-intelligence activities to protect against international terrorism, and to implement counter-money laundering programs and compliance procedures.\1\ Title III of the USA PATRIOT Act of 2001, Public Law 107-56, included certain amendments to the anti-money laundering provisions of Title II of the BSA, 31 U.S.C. 5311 et seq., which are intended to aid in the prevention, detection, and prosecution of international money laundering and terrorist financing. --------------------------------------------------------------------------- \1\ Language expanding the scope of the BSA to intelligence or counter-intelligence activities to protect against international terrorism was added by Section 358 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Public Law 107-56. --------------------------------------------------------------------------- Regulations implementing Title II of the BSA appear at 31 CFR chapter X. The authority of the Secretary of the Treasury to administer Title II of the BSA has been delegated to the Director of FinCEN. The information collected and retained under the regulation addressed in this notice assist Federal, state, and local law enforcement as well as regulatory authorities in the identification, investigation and prosecution of money laundering and other matters. In accordance with the requirements of the PRA and its implementing regulations, the following information is presented concerning the information collection below. Title: Report of Transportation of Currency or Monetary Instruments. (31 CFR 1010.340.) OMB Control Number: 1506-0014. Form Number: FinCEN Form 105, Report of International Transportation of Currency or Monetary Instruments. A copy of the form may be obtained from the FinCEN website at https://www.fincen.gov/sites/default/files/shared/fin105_cmir.pdf. Abstract: Pursuant to the BSA, the requirement of 31 U.S.C. 5316(a) has been implemented through a regulation 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. 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 to the existing regulations. Type of Review: Renewal without change of a currently approved information collection. Affected Public: Individuals, business or other for-profit institutions, and not-for-profit institutions. Frequency: As required. [[Page 46014]] Estimated Number of Respondents: 280,000.\2\ --------------------------------------------------------------------------- \2\ DHS indicates that different numbers of CMIRs are filed each year. In 2014, approximately 235,000 CMIRs were filed, the highest number of filings between 2012 and 2017. In addition, the number of filings display an upward trend. --------------------------------------------------------------------------- Estimated Burden per Respondent: 30 minutes.\3\ --------------------------------------------------------------------------- \3\ During the last information collection renewal, FinCEN did not receive any comments suggesting or requesting a different estimated burden. --------------------------------------------------------------------------- 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. Jamal El-Hindi, Deputy Director, Financial Crimes Enforcement Network. [FR Doc. 2018-19654 Filed 9-10-18; 8:45 am] BILLING CODE 4810-02-P
![Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Notices 46013
unless the collection of information ADDRESSES: Comments may be as regulatory authorities in the
displays a valid OMB control number. submitted by any of the following identification, investigation and
Records required to be retained under methods: prosecution of money laundering and
the BSA must be retained for five years. • Federal E-rulemaking Portal: http:// other matters.
Generally, information collected www.regulations.gov. Follow the In accordance with the requirements
pursuant to the BSA is confidential but instructions for submitting comments. of the PRA and its implementing
may be shared as provided by law with Refer to Docket Number FINCEN–2018– regulations, the following information is
regulatory and law enforcement 0012 and the specific Office of presented concerning the information
authorities. Management and Budget (‘‘OMB’’) collection below.
Request for Comments: Comments control number 1506–0014. Title: Report of Transportation of
submitted in response to this notice will • Mail: Policy Division, Financial Currency or Monetary Instruments. (31
be summarized and/or included in the Crimes Enforcement Network, P.O. Box CFR 1010.340.)
request for OMB approval. All 39, Vienna, VA 22183. Refer to Docket
OMB Control Number: 1506–0014.
comments will become a matter of Number FINCEN–2018–0012 and OMB
control number 1506–0014. Form Number: FinCEN Form 105,
public record. Comments are invited on: Report of International Transportation
(a) Whether the collection of Please submit comments by one
method only. Comments will also be of Currency or Monetary Instruments. A
information is necessary for the proper copy of the form may be obtained from
performance of the functions of the incorporated to FinCEN’s retrospective
regulatory review process, as mandated the FinCEN website at https://
agency, including whether the www.fincen.gov/sites/default/files/
by E.O. 12866 and 13563. All comments
information shall have practical utility; shared/fin105_cmir.pdf.
submitted in response to this notice will
(b) the accuracy of the agency’s estimate Abstract: Pursuant to the BSA, the
become a matter of public record.
of the burden of the collection of requirement of 31 U.S.C. 5316(a) has
Therefore, you should submit only
information; (c) ways to enhance the been implemented through a regulation
information that you wish to make
quality, utility, and clarity of the promulgated at 31 CFR 1010.340 and
publicly available.
information to be collected; (d) ways to through the instructions for the CMIR as
FOR FURTHER INFORMATION CONTACT: The
minimize the burden of the collection of follows:
information on respondents, including FinCEN Resource Center at 800–767–
2825 or electronically at frc@fincen.gov. (1) Each person who physically
through the use of automated collection transports, mails, or ships, or causes to
techniques or other forms of information SUPPLEMENTARY INFORMATION: The Bank
Secrecy Act (‘‘BSA’’), Titles I and II of be physically transported, mailed, or
technology; and (e) estimates of capital shipped currency or other monetary
or start-up costs and costs of operation, Public Law 91–508, as amended,
codified at 12 U.S.C. 1829(b), 12 U.S.C. instruments in an aggregate amount
maintenance and purchase of services to exceeding $10,000 at one time from the
provide information. 1951–1959, and 31 U.S.C. et seq.,
authorizes the Secretary of the Treasury, United States to any place outside the
Jamal El-Hindi, among other things, to require financial United States or into the United States
Deputy Director, Financial Crimes institutions to keep records and file from any place outside the United
Enforcement Network. reports that are determined to have a States, and
[FR Doc. 2018–19656 Filed 9–10–18; 8:45 am] high degree of usefulness in criminal, (2) Each person who receives in the
BILLING CODE 4810–02–P tax, and regulatory matters or in the United States currency or other
conduct of intelligence or counter- monetary instruments in an aggregate
intelligence activities to protect against amount exceeding $10,000 at one time
DEPARTMENT OF THE TREASURY international terrorism, and to which have been transported, mailed, or
implement counter-money laundering shipped to the person from any place
Financial Crimes Enforcement Network programs and compliance procedures.1 outside the United States.
Title III of the USA PATRIOT Act of A transfer of funds through normal
Agency Information Collection 2001, Public Law 107–56, included banking procedures, which does not
Activities; Proposed Renewal; certain amendments to the anti-money involve the physical transportation of
Comment Request; Renewal Without laundering provisions of Title II of the currency or monetary instruments, is
Change of the Report of International BSA, 31 U.S.C. 5311 et seq., which are not required to be reported on the CMIR.
Transportation of Currency or intended to aid in the prevention, Information collected on the CMIR is
Monetary Instruments detection, and prosecution of made available, in accordance with
AGENCY: Financial Crimes Enforcement international money laundering and strict safeguards, to appropriate criminal
Network (‘‘FinCEN’’), U.S. Department terrorist financing. law enforcement and regulatory
of the Treasury. Regulations implementing Title II of personnel in the official performance of
the BSA appear at 31 CFR chapter X. their duties. The information collected
ACTION: Notice and request for The authority of the Secretary of the
comments. is of use in investigations involving
Treasury to administer Title II of the international and domestic money
BSA has been delegated to the Director laundering, tax evasion, fraud, and other
SUMMARY: FinCEN invites comment on
of FinCEN. The information collected financial crimes.
the renewal of an information collection
and retained under the regulation Current Actions: Renewal without
requirement concerning the Report of
addressed in this notice assist Federal, change to the existing regulations.
International Transportation of
state, and local law enforcement as well
daltland on DSKBBV9HB2PROD with NOTICES
Currency or Monetary Instruments Type of Review: Renewal without
(‘‘CMIR’’). This request for comment is 1 Language expanding the scope of the BSA to
change of a currently approved
being made pursuant to the Paperwork intelligence or counter-intelligence activities to information collection.
Reduction Act of 1995. protect against international terrorism was added by Affected Public: Individuals, business
DATES: Written comments are welcome
Section 358 of the Uniting and Strengthening or other for-profit institutions, and not-
America by Providing Appropriate Tools Required for-profit institutions.
and must be received on or before to Intercept and Obstruct Terrorism Act of 2001,
November 13, 2018. Public Law 107–56. Frequency: As required.
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![46014 Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Notices
Estimated Number of Respondents: DEPARTMENT OF THE TREASURY among other things, to require financial
280,000.2 institutions to keep records and file
Financial Crimes Enforcement Network reports that are determined to have a
Estimated Burden per Respondent: 30
minutes.3 high degree of usefulness in criminal,
Agency Information Collection tax, and regulatory matters or in the
Estimated Total Annual Burden Activities; Proposed Renewal; conduct of intelligence or counter-
Hours: 140,000 hours. Comment Request; Renewal Without intelligence activities to protect against
An agency may not conduct or Change of Anti-Money Laundering international terrorism, and to
sponsor, and a person is not required to Programs for Precious Metals, implement counter-money laundering
Precious Stones, or Jewels programs and compliance procedures.1
respond to, a collection of information
unless the collection of information AGENCY: Financial Crimes Enforcement Title III of the USA PATRIOT Act of
displays a valid OMB control number. Network (‘‘FinCEN’’), U.S. Department 2001, Public Law 107–56, included
Records required to be retained under of the Treasury. certain amendments to the anti-money
the BSA must be retained for five years. laundering provisions of Title II of the
ACTION: Notice and request for
Generally, information collected BSA, 31 U.S.C. 5311 et seq., which are
comments.
pursuant to the BSA is confidential, but intended to aid in the prevention,
may be shared as provided by law with SUMMARY: FinCEN invites comment on a detection, and prosecution of
renewal, without change, to information international money laundering and
regulatory and law enforcement
collections found in existing regulations terrorist financing.
authorities. Regulations implementing Title II of
requiring dealers in precious metals,
Request for Comments: Comments stones, or jewels, to develop and the BSA appear at 31 CFR Chapter X.
submitted in response to this notice will implement written anti-money The authority of the Secretary of the
be summarized and/or included in the laundering programs reasonably Treasury to administer Title II of the
request for OMB approval. All designed to prevent those financial BSA has been delegated to the Director
comments will become a matter of institutions from being used to facilitate of FinCEN. The information collected
public record. Comments are invited on: money laundering and the financing of and retained under the regulation
(a) Whether the collection of terrorist activities. This request for addressed in this notice assist federal,
information is necessary for the proper comments is being made pursuant to the state, and local law enforcement as well
performance of the functions of the Paperwork Reduction Act (‘‘PRA’’) of as regulatory authorities in the
agency, including whether the 1995. identification, investigation and
information shall have practical utility; prosecution of money laundering and
DATES: Written comments are welcome other matters.
(b) the accuracy of the agency’s estimate and must be received on or before
of the burden of the collection of In accordance with the requirements
November 13, 2018. of the PRA and its implementing
information; (c) ways to enhance the ADDRESSES: Comments may be regulations, the following information is
quality, utility, and clarity of the submitted by any of the following presented concerning the information
information to be collected; (d) ways to methods: collection below.
minimize the burden of the collection of • Federal E-rulemaking Portal: http:// Title: Anti-Money Laundering
information on respondents, including www.regulations.gov. Follow the Programs for Dealers in Precious Metals,
through the use of automated collection instructions for submitting comments. Precious Stones, or Jewels (31 CFR
techniques or other forms of information Refer to Docket Number FINCEN–2018– 1027.210).
technology; and (e) estimates of capital 0014 and the Office of Management and OMB Control Number: 1506–0030.
or start-up costs and costs of operation, Budget (‘‘OMB’’) control number 1506– Abstract: Dealers in precious metals,
maintenance, and purchase of services 0030. precious stones, or jewels are required
to provide information. • Mail: Policy Division, Financial to develop and implement written anti-
Crimes Enforcement Network, P.O. Box money laundering programs. A copy of
Jamal El-Hindi,
39, Vienna, VA 22183. Refer to Docket the written program must be maintained
Deputy Director, Financial Crimes Number FINCEN–2018–0014 and OMB for five years.
Enforcement Network. control number 1506–0030. Current Action: Renewal without
[FR Doc. 2018–19654 Filed 9–10–18; 8:45 am] Please submit comments by one change to existing regulations.
BILLING CODE 4810–02–P method only. Comments will also be Type of Review: Renewal without
incorporated to FinCEN’s retrospective change to a currently approved
regulatory review process, as mandated information collection.
by E.O. 12866 and 13563. All comments Affected Public: Business and other
submitted in response to this notice will for-profit institutions.
become a matter of public record. Burden: Estimated Number of
Therefore, you should submit only Respondents: 20,000.2
information that you wish to make
1 Language expanding the scope of the BSA to
publicly available.
intelligence or counter-intelligence activities to
FOR FURTHER INFORMATION CONTACT: The protect against international terrorism was added by
FinCEN Resource Center at 800–767– Section 358 of the Uniting and Strengthening
daltland on DSKBBV9HB2PROD with NOTICES
2 DHS indicates that different numbers of CMIRs
2825 or electronically at frc@fincen.gov. America by Providing Appropriate Tools Required
are filed each year. In 2014, approximately 235,000 to Intercept and Obstruct Terrorism Act of 2001,
SUPPLEMENTARY INFORMATION: The Bank Public Law 107–56.
CMIRs were filed, the highest number of filings
between 2012 and 2017. In addition, the number of
Secrecy Act (‘‘BSA’’), Titles I and II of 2 During the last information collection renewal,
Public Law 91–508, as amended, FinCEN did not receive any comments suggesting
filings display an upward trend. or requesting a different estimated number of
3 During the last information collection renewal, codified at 12 U.S.C. 1829(b), 12 U.S.C. respondents. The respondents are required to
FinCEN did not receive any comments suggesting 1951–1959, and 31 U.S.C. et seq., develop, implement, and maintain a copy of their
or requesting a different estimated burden. authorizes the Secretary of the Treasury, program, but there is no requirement to report it to
VerDate Sep<11>2014 18:49 Sep 10, 2018 Jkt 244001 PO 00000 Frm 00140 Fmt 4703 Sfmt 4703 E:\FR\FM\11SEN1.SGM 11SEN1](https://thefederalregister.org/doc/83_FR_46189/page/2.svg)
Document Created: 2018-09-11 01:02:08
Document Modified: 2018-09-11 01:02:08
| 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. | |
| Dates | Written comments are welcome and must be received on or before November 13, 2018. | |
| Contact | The FinCEN Resource Center at 800-767- 2825 or electronically at [email protected] | |
| FR Citation | 83 FR 46013 |
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