Federal Register: March 2, 2009 (Volume 74, Number 39)
DOCID: fr02mr09-71 FR Doc E9-4288
DEPARTMENT OF THE TREASURY
Financial Crimes Enforcement Network
NOTICE: NOTICES
DOCID: fr02mr09-71
DOCUMENT ACTION: Notice and request for comments.
SUBJECT CATEGORY:
Proposed Renewal Without Change; Comment Request; Anti-Money Laundering Programs for Various Financial Institutions
DATES: Written comments are welcome and must be received on or before May 1, 2009.
DOCUMENT SUMMARY:
As part of our continuing effort to reduce paperwork and respondent burden, we invite comment on a proposed renewal, without change, to information collections found in existing regulations requiring money services businesses, mutual funds, operators of credit card systems, dealers in precious metals, stones, or jewels, and certain insurance companies to develop and implement written antimoney 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 of 1995, Public Law 104 13, 44 U.S.C. 3506(c)(2)(A).
SUMMARY:
Agency Information Collection Activities; Proposals, Submissions, and Approvals,
SUPPLEMENTAL INFORMATION
Abstract: The Director of the Financial Crimes Enforcement Network
is the delegated administrator of the Bank Secrecy Act. The Act
authorizes the Director to issue regulations to require all financial
institutions defined as such in the Act to maintain or file certain
reports or records that have been determined to have a high degree of
usefulness in criminal, tax, or regulatory investigations or
proceedings, or in the conduct of intelligence or counterintelligence
activities, including analysis, to protect against international
terrorism, and to implement antimoney laundering programs and compliance procedures.\1\
\1\ Public Law 91508, as amended and codified at 12 U.S.C.
1829b, 12 U.S.C. 19511959 and 31 U.S.C. 53115332. Language
expanding the scope of the Bank Secrecy Act to intelligence or
counterintelligence 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 (USA PATRIOT) Act of 2001, Public Law No. 10756.
Regulations implementing section 5318(h)(1) of the Act are found in part at 31 CFR 103.125, 103.130, 103.135, 103.137, and 103.140. In general, the regulations require financial institutions, as defined in 31 U.S.C. 5312(a)(2) and 31 CFR 103.11 to establish, document, and maintain antimoney laundering programs as an aid in protecting and securing the U.S. financial system.
1. Titles: Antimoney laundering programs for money services businesses (31 CFR 103.125), Antimoney laundering programs for mutual funds (31 CFR 103.130), Antimoney laundering programs for operators of credit card systems (31 CFR 103.135).
Office of Management and Budget Control Number: 15060020.
Abstract: Money services businesses, mutual funds, and operators of credit card systems 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: There is no change to existing regulations.
Type of Review: Extension of a currently approved information collection.
Affected Public: Business and other forprofit institutions.
Burden: Estimated Number of Respondents: 203,006. [[Page 9128]]
31 CFR 103.125 = 200,000.
31 CFR 103.130 = 3,000.
31 CFR 103.135 = 6.
Estimated Number of Responses: 203,006.
31 CFR 103.125 = 200,000.
31 CFR 103.130 = 3,000.
31 CFR 103.135 = 6.
Estimated Number of Hours: 203,006. Estimated at one hour per respondent.
31 CFR 103.125 = 200,000.
31 CFR 103.130 = 3,000.
31 CFR 103.135 = 6.
2. Title: Antimoney laundering programs for dealers in precious metals, precious stones, or jewels (31 CFR 103.140).
Office of Management and Budget Control Number: 15050030.
Abstract: Dealers in precious metals, stones, or jewels are required to establish and maintain written antimoney laundering programs. A copy of the written program must be maintained for five years.
Current Action: There is no change to existing regulations.
Type of Review: Extension of a currently approved information collection.
Affected Public: Business and other forprofit institutions.
Burden: Estimated Number of Respondents = 20,000.
Estimated Number of Responses = 20,000.
Estimated Number of Hours = 20,000.
3. Title: Antimoney laundering programs for insurance companies (31 CFR 103.137).
Office of Management and Budget Control Number: 15060035.
Abstract: Insurance companies are required to establish and maintain written antimoney laundering programs. A copy of the written program must be maintained for five years.
Current Action: There is no change to existing regulations.
Type of Review: Extension of a currently approved information collection.
Affected Public: Business and other forprofit institutions.
Burden: Estimated Number of Respondents = 1,200.
Estimated Number of Responses = 1,200.
Estimated Number of Hours = 1,200.
An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid control number assigned by the Office of Management and Budget. Records required to be retained under the Bank Secrecy Act must be retained for five years. Generally, information collected pursuant to the Bank Secrecy Act 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 Office of Management and Budget 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 startup costs and costs of operation, maintenance and purchase of services to provide information.
Dated: February 19, 2009.
James H. Freis, Jr.,
Director, Financial Crimes Enforcement Network.
[FR Doc. E94288 Filed 22709; 8:45 am]
BILLING CODE 481002P
FOR FURTHER INFORMATION CONTACT
Financial Crimes Enforcement Network, Regulatory Policy and Programs Division at (800) 9492732, option 6.