83_FR_46190 83 FR 46014 - Agency Information Collection Activities; Proposed Renewal; Comment Request; Renewal Without Change of Anti-Money Laundering Programs for Precious Metals, Precious Stones, or Jewels

83 FR 46014 - Agency Information Collection Activities; Proposed Renewal; Comment Request; Renewal Without Change of Anti-Money Laundering Programs for Precious Metals, Precious Stones, or Jewels

DEPARTMENT OF THE TREASURY
Financial Crimes Enforcement Network

Federal Register Volume 83, Issue 176 (September 11, 2018)

Page Range46014-46015
FR Document2018-19655

FinCEN invites comment on a renewal, without change, to information collections found in existing regulations requiring dealers in precious metals, stones, or jewels, to develop and implement written anti-money laundering programs reasonably designed to prevent those financial institutions from being used to facilitate money laundering and the financing of terrorist activities. This request for comments is being made pursuant to the Paperwork Reduction Act (``PRA'') of 1995.

Federal Register, Volume 83 Issue 176 (Tuesday, September 11, 2018)
[Federal Register Volume 83, Number 176 (Tuesday, September 11, 2018)]
[Notices]
[Pages 46014-46015]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-19655]


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DEPARTMENT OF THE TREASURY

Financial Crimes Enforcement Network


Agency Information Collection Activities; Proposed Renewal; 
Comment Request; Renewal Without Change of Anti-Money Laundering 
Programs for Precious Metals, Precious Stones, or Jewels

AGENCY: Financial Crimes Enforcement Network (``FinCEN''), U.S. 
Department of the Treasury.

ACTION: Notice and request for comments.

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

SUMMARY: FinCEN invites comment on a renewal, without change, to 
information collections found in existing regulations requiring dealers 
in precious metals, stones, or jewels, to develop and implement written 
anti-money laundering programs reasonably designed to prevent those 
financial institutions from being used to facilitate money laundering 
and the financing of terrorist activities. This request for comments is 
being made pursuant to the Paperwork Reduction Act (``PRA'') 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-2018-0014 and the Office of Management and Budget (``OMB'') 
control number 1506-0030.
     Mail: Policy Division, Financial Crimes Enforcement 
Network, P.O. Box 39, Vienna, VA 22183. Refer to Docket Number FINCEN-
2018-0014 and OMB control number 1506-0030.
    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 frc@fincen.gov.

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: Anti-Money Laundering Programs for Dealers in Precious 
Metals, Precious Stones, or Jewels (31 CFR 1027.210).
    OMB Control Number: 1506-0030.
    Abstract: Dealers in precious metals, precious stones, or jewels 
are required to develop and implement written anti-money laundering 
programs. A copy of the written program must be maintained for five 
years.
    Current Action: Renewal without change to existing regulations.
    Type of Review: Renewal without change to a currently approved 
information collection.
    Affected Public: Business and other for-profit institutions.
    Burden: Estimated Number of Respondents: 20,000.\2\
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    \2\ During the last information collection renewal, FinCEN did 
not receive any comments suggesting or requesting a different 
estimated number of respondents. The respondents are required to 
develop, implement, and maintain a copy of their program, but there 
is no requirement to report it to FinCEN. Therefore, FinCEN does not 
have an independent means of verifying this number.

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[[Page 46015]]

    Estimated Annual Responses: 20,000.
    Estimated Burden per Response: 1 hour.
    Estimated Total Burden Hours: 20,000 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 control number assigned by the Office of 
Management and Budget. 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. 2018-19655 Filed 9-10-18; 8:45 am]
 BILLING CODE 4810-02-P



                                               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
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                                                  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



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                                                                         Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Notices                                                   46015

                                                  Estimated Annual Responses: 20,000.                        Notice and request for
                                                                                                       ACTION:                                               activities to protect against international
                                                  Estimated Burden per Response: 1                     comments.                                             terrorism, and to implement counter-
                                               hour.                                                                                                         money laundering programs and
                                                  Estimated Total Burden Hours: 20,000                 SUMMARY:   FinCEN invites comment on a                compliance procedures.1 Title III of the
                                               hours.                                                  proposed renewal, without change, to                  USA PATRIOT Act of 2001, Public Law
                                                  An agency may not conduct or                         information collections found in                      107–56, included certain amendments
                                               sponsor, and a person is not required to                regulations requiring banks, savings                  to the anti-money laundering provisions
                                               respond to, a collection of information                 associations, credit unions, certain non-             of Title II of the BSA, 31 U.S.C. 5311 et
                                               unless the collection of information                    federally regulated banks, futures                    seq., which are intended to aid in the
                                               displays a valid control number                         commission merchants, and introducing                 prevention, detection, and prosecution
                                               assigned by the Office of Management                    brokers in commodities to develop and                 of international money laundering and
                                               and Budget. Records required to be                      implement customer identification                     terrorist financing.
                                               retained under the BSA must be                          programs designed to allow the covered                   Regulations implementing Title II of
                                               retained for five years. Generally,                     financial institution to form a                       the BSA appear at 31 CFR Chapter X.
                                               information collected pursuant to the                   reasonable belief that it knows the true              The authority of the Secretary of the
                                               BSA is confidential but may be shared                   identity of each customer. This request               Treasury to administer Title II of the
                                               as provided by law with regulatory and                  for comment is being made pursuant to                 BSA has been delegated to the Director
                                               law enforcement authorities.                            the Paperwork Reduction Act (‘‘PRA’’)                 of FinCEN. The information collected
                                                  Request for Comments: Comments                       of 1995.                                              and retained under the regulation
                                               submitted in response to this notice will               DATES: Written comments are welcome                   addressed in this notice assist Federal,
                                               be summarized and/or included in the                    and must be received on or before                     state, and local law enforcement as well
                                               request for OMB approval. All                           November 13, 2018.                                    as regulatory authorities in the
                                               comments will become a matter of                        ADDRESSES: Comments may be                            identification, investigation and
                                               public record. Comments are invited on:                 submitted by any of the following                     prosecution of money laundering and
                                               (a) Whether the collection of                           methods:                                              other matters.
                                               information is necessary for the proper                    • Federal E-rulemaking Portal: http://                Section 5318(l) of the BSA requires
                                               performance of the functions of the                     www.regulations.gov. Follow the                       FinCEN to issue regulations prescribing
                                               agency, including whether the                           instructions for submitting comments.                 customer identification programs for
                                               information shall have practical utility;               Refer to Docket Number FINCEN–2018–                   financial institutions. Those regulations,
                                               (b) the accuracy of the agency’s estimate               0013 and the Office of Management and                 at a minimum, must require financial
                                               of the burden of the collection of                      Budget (‘‘OMB’’) control number of the                institutions implement reasonable
                                               information; (c) ways to enhance the                    information collection(s) you wish to                 procedures for (1) verifying the identity
                                               quality, utility, and clarity of the                    comment on (OMB control numbers                       of any person seeking to open an
                                               information to be collected; (d) ways to                1506–0022 and/or 1506–0026).                          account, to the extent reasonable and
                                               minimize the burden of the collection of                   • Mail: Policy Division, Financial                 practicable; (2) maintaining records of
                                               information on respondents, including                   Crimes Enforcement Network, P.O. Box                  the information used to verify the
                                               through the use of automated collection                 39, Vienna, VA 22183. Refer to Docket                 person’s identity, including name,
                                               techniques or other forms of information                Number FINCEN–2018–0013 and the                       address, and other identifying
                                               technology; and (e) estimates of capital                OMB control number of the information                 information; and (3) determining
                                               or start-up costs and costs of operation,               collection(s) you wish to comment on                  whether the person appears on any lists
                                               maintenance and purchase of services to                 (OMB control numbers 1506–0022 and/                   of known or suspected terrorists or
                                               provide information.                                    or 1506–0026).                                        terrorist organizations provided to the
                                                                                                          Please submit comments by one                      financial institution by any government
                                               Jamal El-Hindi,                                                                                               agency. The regulations are to take into
                                                                                                       method only. Comments will also be
                                               Deputy Director, Financial Crimes                                                                             consideration the various types of
                                               Enforcement Network.                                    incorporated to FinCEN’s retrospective
                                                                                                       regulatory review process, as mandated                accounts maintained by various types of
                                               [FR Doc. 2018–19655 Filed 9–10–18; 8:45 am]                                                                   financial institutions, the various
                                                                                                       by E.O. 12866 and 13563. All comments
                                               BILLING CODE 4810–02–P
                                                                                                       submitted in response to this notice will             methods of opening accounts, and the
                                                                                                       become a matter of public record.                     various types of identifying information
                                                                                                       Therefore, you should submit only                     available. Regulations implementing
                                               DEPARTMENT OF THE TREASURY                                                                                    section 5318(l) with respect to banks,
                                                                                                       information that you wish to make
                                                                                                       publicly available.                                   savings associations, credit unions, and
                                               Financial Crimes Enforcement Network                                                                          certain non-federally regulated banks
                                                                                                       FOR FURTHER INFORMATION CONTACT: The
                                               Agency Information Collection                                                                                 are found at 31 CFR 1020.220.
                                                                                                       FinCEN Resource Center at 800–767–
                                               Activities; Proposed Renewal:                                                                                 Regulations implementing section
                                                                                                       2825 or electronically at frc@fincen.gov.
                                               Comment Request; Renewal Without                                                                              5318(l) with respect to futures
                                                                                                       SUPPLEMENTARY INFORMATION: The Bank                   commission merchants and introducing
                                               Change of Customer Identification                       Secrecy Act (‘‘BSA’’), Titles I and II of
                                               Programs for Banks, Savings                                                                                   brokers in commodities are found at 31
                                                                                                       Public Law 91–508, as amended,                        CFR 1026.220.
                                               Associations, Credit Unions, Certain                    codified at 12 U.S.C. 1829(b), 12 U.S.C.                 In accordance with the requirements
                                               Non-Federally Regulated Banks,                          1951–1959, and 31 U.S.C. 5311–5314                    of the PRA and its implementing
                                               Futures Commission Merchants, and                       and 5316–5332, authorizes the Secretary               regulations, the following information is
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                                               Introducing Brokers in Commodities                      of the Treasury, among other things, to
                                               AGENCY:  Financial Crimes Enforcement                   require financial institutions to keep                  1 Language expanding the scope of the BSA to

                                               Network (‘‘FinCEN’’), U.S. Department                   records and file reports that are                     intelligence or counter-intelligence activities to
                                                                                                       determined to have a high degree of                   protect against international terrorism was added by
                                               of the Treasury.                                                                                              Section 358 of the Uniting and Strengthening
                                                                                                       usefulness in criminal, tax, and                      America by Providing Appropriate Tools Required
                                               FinCEN. Therefore, FinCEN does not have an              regulatory matters or in the conduct of               to Intercept and Obstruct Terrorism Act of 2001,
                                               independent means of verifying this number.             intelligence or counter-intelligence                  Public Law 107–56.



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Document Created: 2018-09-11 01:03:17
Document Modified: 2018-09-11 01:03:17
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 comments.
DatesWritten comments are welcome and must be received on or before November 13, 2018.
ContactThe FinCEN Resource Center at 800-767- 2825 or electronically at [email protected]
FR Citation83 FR 46014 

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