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)

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.

[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