Financial Crimes Enforcement Network; Proposed Collection; Comment Request; Suspicious Activity Report by Casinos and Card Clubs, 4636-4643 [06-784]

Agencies

• DEPARTMENT OF THE TREASURY
• Department of Treasury

[Federal Register Volume 71, Number 18 (Friday, January 27, 2006)]
[Notices]
[Pages 4636-4643]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-784]


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DEPARTMENT OF THE TREASURY


Financial Crimes Enforcement Network; Proposed Collection; 
Comment Request; Suspicious Activity Report by Casinos and Card Clubs

AGENCY: Financial Crimes Enforcement Network.

ACTION: Notice and request for comments.

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SUMMARY: As part of its continuing effort to reduce paperwork and 
respondent burden, the Financial Crimes Enforcement Network invites 
comment on a proposed information collection contained in a revised 
form, ``Suspicious Activity Report by Casinos and Card Clubs, Financial 
Crimes Enforcement Network Form 102.'' The form will be used by casinos 
and card clubs to report suspicious activity to the Department of the 
Treasury. 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).

DATES: Written comments are welcome and must be received on or before 
March 28, 2006.

ADDRESSES: Written comments should be submitted to: Financial Crimes 
Enforcement Network, Department of the Treasury, P.O. Box 39, Vienna, 
Virginia 22183, Attention: Paperwork Reduction Act Comments--Suspicious 
Activity Report by Casinos Form. Comments also may be submitted by 
electronic mail to the following Internet address: 
regcomments@fincen.treas.gov, again with a caption, in the body of the 
text, ``Attention: Paperwork Reduction Act Comments--Suspicious 
Activity Report by Casinos Form.''
    Inspection of comments. Comments may be inspected, between 10 a.m. 
and 4 p.m., in the Financial Crimes Enforcement Network reading room in 
Washington, DC. Persons wishing to inspect the comments submitted must 
request an appointment by telephoning (202) 354-6400.

FOR FURTHER INFORMATION CONTACT: Regulatory Policy and Programs 
Division, at (800) 949-2732.

SUPPLEMENTARY INFORMATION:
    Title: Suspicious Activity Report by Casinos and Card Clubs.
    OMB Number: 1506-0006.
    Form Number: Financial Crimes Enforcement Network Form 102.
    Abstract: The statute generally referred to as the ``Bank Secrecy 
Act,'' Titles I and II of Public Law 91-508, as amended, codified at 12 
U.S.C. 1829b, 12 U.S.C. 1951-1959, and 31 U.S.C. 5311-5331, authorizes 
the Secretary of the Treasury, inter alia, 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\ Regulations implementing Title II of the Bank Secrecy 
Act appear at 31 CFR Part 103. The authority of the Secretary of the 
Treasury to administer the Bank Secrecy Act has been delegated to the 
Director of the Financial Crimes Enforcement Network.
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    \1\ Language expanding the scope of the Bank Secrecy Act 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 (USA PATRIOT ACT) Act of 2001 (the 
``USA Patriot Act''), Pub. L. 107-56.
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    The Secretary of the Treasury was granted authority in 1992, with 
the enactment of 31 U.S.C. 5318(g), to require financial institutions 
to report suspicious transactions.
    The information collected on this revised form is required to be 
provided pursuant to 31 U.S.C. 5318(g) and 31 CFR 103.21. This 
information will be

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made available, in accordance with strict safeguards, to appropriate 
criminal law enforcement and regulatory personnel for use in official 
performance of their duties, for regulatory purposes and in 
investigations and proceedings involving domestic and international 
money laundering, tax violations, fraud, and other financial crimes.
    Reports filed by casinos required to report suspicious transactions 
under 31 CFR 103.21, and any reports filed voluntarily by casinos or 
card clubs will be subject to the protection from liability contained 
in 31 U.S.C. 5318(g)(3) and the provision contained in 31 U.S.C. 
5318(g)(2) which prohibits notification of any person involved in the 
transaction that a suspicious activity report has been filed.
    A number of minor changes are being made to the current Suspicious 
Activity Report by Casinos to clarify and shorten the form. Item 1 is 
revised by adding a new box 1(a) to indicate if the Suspicious Activity 
Report by Casinos is an updated report and by adding a new box 1(b) to 
indicate if the report is a jointly filed report. Part III, Law 
Enforcement or Regulatory Contact Information, has been deleted, and 
the remaining parts of the form have been renumbered accordingly. 
Information about law enforcement or regulatory contacts should be 
entered in renumbered Part V, Suspicious Activity Information--
Narrative, as explained in the revised instructions to that part. 
Renumbered Part III, Reporting Casino or Card Club Information, has 
been revised to record information about a joint filing. Renumbered 
Part IV, Contact for Assistance, has been revised so that it no longer 
requires the name and title of the filer. A number of minor editorial 
changes have also been made to the instructions to the form, including 
explaining how to complete critical fields when information is not 
known and updating the Post Office box number to use when filing the 
form by mail.
    The draft revised Suspicious Activity Report by Casinos is 
presented only for purposes of soliciting public comment on the form. 
The draft form should not be used at this time to report suspicious 
activity. A final version of the form will be made available at a later 
date.
    Type of Review: Revision of a currently approved information 
collection.
    Affected Public: Business or other for-profit institutions.
    Frequency: As required.
    Estimated Burden: Reporting average of 45 minutes per response. 
This burden relates to the completion of the form. The recordkeeping 
burden of 31 CFR 103.21 is reflected in the final rule requiring 
casinos and card clubs to file reports of suspicious activity.
    Estimated Number of Respondents: 600.
    Estimated Total Annual Responses: 6,100.
    Estimated Total Annual Burden Hours: 4,575 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 Office of Management and Budget control 
number. Records required to be retained under the Bank Secrecy Act must 
be retained for five years.

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 start-up costs and costs of 
operation, maintenance and purchase of services to provide information.

    Dated: January 20, 2006.
William J. Fox,
Director, Financial Crimes Enforcement Network.

Attachment: Suspicious Activity Report by Casinos

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[FR Doc. 06-784 Filed 1-26-06; 8:45 am]
BILLING CODE 4810-02-C