Agency Information Collection Activities; Information Collection Revision; Comment Request; Bank Secrecy Act/Money Laundering Risk Assessment
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...
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 revised 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 its information collection entitled, “Bank Secrecy Act/Money Laundering Risk Assessment,” also known as the Money Laundering Risk (MLR) System.
DATES:
Comments must be submitted by August 8, 2022.
ADDRESSES:
Commenters are encouraged to submit comments by email, if possible. You may submit comments by any of the following methods:
Mail:
Chief Counsel's Office, Attention: Comment Processing, Office of the Comptroller of the Currency, Attention: 1557-0231, 400 7th Street SW, Suite 3E-218, Washington, DC 20219.
Hand Delivery/Courier:
400 7th Street SW, Suite 3E-218, Washington, DC 20219.
Fax:
(571) 465-4326.
Instructions:
You must include “OCC” as the agency name and “1557-0231” in your comment. In general, the OCC will publish comments on
www.reginfo.gov
without change, including any business or personal information provided such as name and address information, email addresses, or phone numbers. 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.
Following the close of this notice's 60-day comment period, the OCC will publish a second notice with a 30-day comment period. You may review comments and other related materials that pertain to this information collection beginning on the date of publication of the second notice for this collection by the method set forth in the
( printed page 34928)
next bullet. Following the close of this notice's 60-day comment period, the OCC will publish a second notice with a 30-day comment period.
Viewing Comments Electronically: Go towww.reginfo.gov.
Hover over the “Information Collection Review” drop down menu. From the “Currently under Review” drop-down menu, select “Department of Treasury” and then click “submit.” This information collection can be located by searching by OMB control number “1557-0231” or “Bank Secrecy Act/Money Laundering Risk Assessment.” Upon finding the appropriate information collection, click on the related “ICR Reference Number.” On the next screen, select “View Supporting Statement and Other Documents” and then click on the link to any comment listed at the bottom of the screen.
For assistance in navigatingwww.reginfo.gov,
please contact the Regulatory Information Service Center at (202) 482-7340.
FOR FURTHER INFORMATION CONTACT:
Shaquita Merritt, OCC Clearance Officer, (202) 874-5090, Chief Counsel's Office, Office of the Comptroller of the Currency, 400 7th Street SW, Washington, DC 20219. If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services.
SUPPLEMENTARY INFORMATION:
Under the PRA, federal agencies must obtain approval from the 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 questions posed to agencies, instrumentalities, or employees of the United States, if the results are to be used for general statistical purposes, that is, if the results are to be used for statistical compilations of general public interest, including compilations showing the status or implementation of federal activities and programs. Section 3506(c)(2)(A) of the PRA requires federal agencies to provide a 60-day notice in the
Federal Register
concerning each proposed collection of information, including each proposed extension or revision of an existing collection of information, before submitting the collection to OMB for approval. In compliance with the PRA, the OCC is publishing notice of the proposed extension with revision of the collection of information set forth in this document.
Title:
Bank Secrecy Act/Money Laundering Risk Assessment.
OMB Control No:
1557-0231.
Type of Review:
Regular.
Affected Public:
Business or other for-profit.
Description:
The MLR System enhances the ability of examiners and bank management to identify and evaluate Bank Secrecy Act/Money Laundering and Office of Foreign Asset Control (OFAC) sanctions risks associated with banks' products, services, customers, and locations. As new products and services are introduced, existing products and services change, and banks expand through mergers and acquisitions, banks' evaluation of money laundering and terrorist financing risks should evolve as well. Consequently, the MLR risk assessment is an important tool for the OCC's Bank Secrecy Act/Anti-Money Laundering and OFAC supervision activities because it allows the agency to better identify those institutions, and areas within institutions, that may pose heightened risk and allocate examination resources accordingly. This risk assessment is critical for protecting U.S. financial institutions of all sizes from potential abuse from money laundering and terrorist financing. The MLR also provides the OCC with information regarding products or customers that may be experiencing difficulties or challenges maintaining banking services. Banks will benefit from the reporting of MLR data as it will assist in the managing of the bank's BSA/AML programs and provide a starting point for banks to develop their risk assessments. An appropriate risk assessment allows controls to be effectively implemented for the lines of business, products, or entities that would elevate Bank Secrecy Act/Money Laundering and OFAC compliance risks.
The OCC will collect MLR information for community and trust banks supervised by the OCC.
The format of OCC's annual Risk Summary Form (RSF) is fully automated making data entry quick and efficient and providing an electronic record for all parties. The RSF collects data about different products, services, customers, and geographies (PSCs). For 2022, the RSF will include three significant changes:
1. The addition of six new PSCs: cash transactions, marijuana-related businesses, ATM Operators, crypto assets—custody, stablecoin issuance, and stablecoin payments.
2. The addition of three new customer types under the money transmitters category: customers that accept or transmit crypto currency; crypto ATM operators; and crypto asset exchanges.
3. The deletion of four existing PSCs: boat/airplane, bulk cash/currency repatriation customers, bulk cash/currency repatriation, and international branches.
The addition of these six new PSCs increases the number of data collection points from 69 to 71 as shown in the table below:
No.
Existing PSCs
No.
New PSCs
1
Convenience Stores
1
Cash Transactions
2
Liquor Stores
2
Marijuana Related Businesses
3
Domestic Charitable Organizations
3
ATM Operators
4
Jewelry, Gem and Precious Metals Dealers
4
Crypto-Assets Custody
5
Casinos
5
Stablecoin Issuance
6
Car Dealers
6
Stablecoin Payments
7
Boat/Airplane
7
Convenience Stores
8
Domestic Private Banking
8
Liquor Stores
9
Domestic Commercial Letters of Credit
9
Domestic Charitable Organizations
10
Stand-by Letters of Credit
10
Jewelry, Gem and Precious Metals Dealers
11
Customers/Accounts opened through the Internet, Mail, Wire or Phone (non-branch)
11
Casinos
12
Domestic Deposit Brokers
12
Car Dealers
13
Travel Agencies
13
Domestic Private Banking
14
Broker Dealers
14
Domestic Commercial Letters of Credit
15
Telemarketers
15
Stand-by Letters of Credit
16
Remotely Created Check Customers
16
Customers/Accounts opened through the Internet, Mail, Wire or Phone (non-branch)
17
Domestic Remote Deposit Capture Customers
17
Domestic Deposit Brokers
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18
Third Party Senders
18
Travel Agencies
19
Issuance of Traveler's Checks, Official Bank Checks & Money Orders
19
Broker Dealers
20
Domestic Wire Transfers
20
Telemarketers
21
Domestic PUPID Wire Transfers
21
Remotely Created Check Customers
22
ACH
22
Domestic Remote Deposit Capture Customers
23
Remotely Created Checks
23
Third Party Senders
24
Domestic Remote Deposit Capture
24
Issuance of Traveler's Checks, Official Bank Checks & Money Orders
25
Non-Resident Alien Accounts
25
Domestic Wire Transfers
26
Politically Exposed Persons
26
Domestic PUPID Wire Transfers
27
Foreign Off-Shore Corporations
27
ACH
28
Foreign Deposit Brokers
28
Remotely Created Checks
29
Foreign Charitable Organizations
29
Domestic Remote Deposit Capture
30
Import/Export
30
Non-Resident Alien Accounts
31
Foreign Remote Deposit Capture Customers
31
Politically Exposed Persons
32
Bulk Cash/Currency Repatriation Customers
32
Foreign Off-Shore Corporations
33
International Branches
33
Foreign Deposit Brokers
34
Foreign Correspondent Accounts
34
Foreign Charitable Organizations
35
Payable Through Accounts
35
Import/Export
36
Pouch Services
36
Foreign Remote Deposit Capture Customers
37
Foreign Bank Affiliate
37
Foreign Correspondent Accounts
38
International Department
38
Payable Through Accounts
39
International Private Banking
39
Pouch Services
40
Embassy & Consulate Banking
40
Foreign Bank Affiliate
41
International Commercial Letters of Credit
41
International Department
42
International Bank Drafts
42
International Private Banking
43
International Wire Transfers
43
Embassy & Consulate Banking
44
International PUPID Wire Transfers
44
International Commercial Letters of Credit
45
Remittance Products
45
International Bank Drafts
46
Cross-Border ACH
46
International Wire Transfers
47
International Remote Deposit Capture
47
International PUPID Wire Transfers
48
Bulk Cash/Currency Repatriation
48
Remittance Products
49
Domestic Casas de Cambio/Currency Exchange
49
Cross-Border ACH
50
Foreign Casas de Cambio/Currency Exchange
50
International Remote Deposit Capture
51
Money Transmitters
51
Domestic Casas de Cambio/Currency Exchange
52
Check Cashers
52
Foreign Casas de Cambio/Currency Exchange
53
Issuers or Sellers of Traveler Checks or Money Orders
53
Money Transmitters
54
Providers of Prepaid Access
54
Check Cashers
55
Sellers of Prepaid Access
55
Issuers or Sellers of Traveler Checks or Money Orders
56
Prepaid Cards
56
Providers of Prepaid Access
57
Prepaid Card Programs—Third Party Sponsored
57
Sellers of Prepaid Access
58
Prepaid Card Programs—Bank Sponsored
58
Prepaid Cards
59
Prepaid Cardholders
59
Prepaid Card Programs—Third Party Sponsored
60
Prepaid Card Program Managers
60
Prepaid Card Programs—Bank Sponsored
61
Domestic Charitable Trusts & Foundations
61
Prepaid Cardholders
62
Foreign Charitable Trusts & Foundations
62
Prepaid Card Program Managers
63
Custodial Accounts
63
Domestic Charitable Trusts & Foundations
64
Investment Advisory Accounts
64
Foreign Charitable Trusts & Foundations
65
Revocable Trusts
65
Custodial Accounts
66
Foreign Grantor or Beneficiaries
66
Investment Advisory Accounts
67
Loans to Closely Held Corporations
67
Revocable Trusts
68
Brokerage Department/Operations
68
Foreign Grantor or Beneficiaries
69
Investment Advisory/Management
69
Loans to Closely Held Corporations
70
Brokerage Department/Operations
71
Investment Advisory/Management
* PSC changes are denoted in
bold
.
The OCC estimates the burden of this collection of information as follows:
Burden Estimates:
Community and trust bank population:
Estimated Number of Respondents:
970.
Estimated Number of Responses:
970.
Frequency of Response:
Annually.
Estimated Annual Burden:
7,760 hours.
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 collection of information is necessary for the proper performance of the functions of the agency, including whether the information has 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 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,
( printed page 34930)
maintenance, and purchase of services to provide information.
Theodore J. Dowd,
Deputy Chief Counsel, Office of the Comptroller of the Currency.