Financial Crimes Enforcement Network; Privacy Act of 1974, as Amended; Systems of Records, 42405-42411 [E8-16610]

Agencies

• DEPARTMENT OF THE TREASURY
• Department of Treasury

[Federal Register Volume 73, Number 140 (Monday, July 21, 2008)]
[Notices]
[Pages 42405-42411]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-16610]


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DEPARTMENT OF THE TREASURY


Financial Crimes Enforcement Network; Privacy Act of 1974, as 
Amended; Systems of Records

AGENCY: Financial Crimes Enforcement Network, Treasury.

ACTION: Notice of systems of records.

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SUMMARY: In accordance with the requirements of the Privacy Act of 
1974, as amended, 5 U.S.C. 552a, the Financial Crimes Enforcement 
Network (FinCEN), Treasury, is publishing its inventory of Privacy Act 
systems of records.

SUPPLEMENTARY INFORMATION: Pursuant to the Privacy Act of 1974 (5 
U.S.C. 552a) and the Office of Management and Budget (OMB) Circular No. 
A-130, FinCEN has completed a review of its Privacy Act systems of 
records notices to identify minor changes that will more accurately 
describe these records. FinCEN's Privacy Act system of records notices 
were last published in their entirety on August 8, 2005, 70 FR 45756-
45761.
    The changes throughout the document are editorial in nature and 
consist principally of a changing the name of FinCEN.001 from ``FinCEN 
Data Base'' to ``FinCEN Investigations and Examinations System.'' 
Changes under ``system location'' and ``system manager,'' standardize 
the language regarding application of the exemptions claimed for each 
system of records under the headings ``notification procedure,'' 
``record access procedures,'' or ``contesting record procedures.''

[[Page 42406]]

    On May 22, 2007, the Office of Management and Budget (OMB) issued 
Memorandum M-07-16 entitled ``Safeguarding Against and Responding to 
the Breach of Personally Identifiable Information.'' It required 
agencies to publish the routine use recommended by the President's 
Identity Theft Task Force. As part of that effort, the Department 
published the notice of the proposed routine use on October 3, 2007, at 
72 FR 56434, and it was effective on November 13, 2007. The new routine 
use has been added to each FinCEN system of records below.
    Department of the Treasury regulations require the Department to 
publish the existence and character of all systems of records every 
three years (31 CFR 1.23(a)(1)). At the same time that FinCEN is 
addressing this requirement, it is addressing the requirement to review 
its current holding pursuant to M-07-16. With respect to its inventory 
of Privacy Act Systems of records, FinCEN has determined that the 
information contained in its systems of records is accurate, timely, 
relevant, complete, and is the minimum necessary to maintain the proper 
performance of a documented agency function.

Systems Covered by This Notice

    This notice covers all systems of records adopted by FinCEN up to 
January 1, 2008. The systems notices are reprinted in their entirety 
following the Table of Contents.

    Dated: July 11, 2008.
Elizabeth Cuffe,
Deputy Assistant Secretary for Privacy and Treasury Records.

Table of Contents

Financial Crimes Enforcement Network (FinCEN).

FinCEN.001--FinCEN Investigations and Examinations System [formerly: 
FinCEN Data Base].
FinCEN.002--Suspicious Activity Report System (the SAR System).
FinCEN.003--Bank Secrecy Act Reports System.
Treasury/FinCEN.001

System name:
    FinCEN Investigations and Examinations System--Treasury/FinCEN.

System location:
    The Financial Crimes Enforcement Network, P.O. Box 39, Vienna, VA 
22183-0039.

Categories of individuals covered by the system:
    (1) Individuals who relate in any manner to official FinCEN efforts 
in support of the enforcement of the Bank Secrecy Act and money-
laundering and other financial crimes. Such individuals may include, 
but are not limited to, subjects of investigations and prosecutions; 
suspects in investigations; victims of such crimes; witnesses in such 
investigations and prosecutions; and close relatives and associates of 
any of these individuals who may be relevant to an investigation; (2) 
current and former FinCEN personnel whom FinCEN considers relevant to 
an investigation or inquiry; and (3) individuals who are the subject of 
unsolicited information possibly relevant to violations of law or 
regulations, who offer unsolicited information relating to such 
violations, who request assistance from FinCEN, and who make inquiries 
of FinCEN.

Categories of records in the system:
    Every possible type of information that contributes to effective 
law enforcement and regulation of financial institutions may be 
maintained in this system of records, including, but not limited to, 
subject files on individuals, corporations, and other legal entities; 
information provided pursuant to the Bank Secrecy Act; information 
gathered pursuant to search warrants; statements of witnesses; 
information relating to past queries of the FinCEN Data Base; criminal 
referral information; complaint information; identifying information 
regarding witnesses, relatives, and associates; investigative reports; 
and intelligence reports. Records include queries and the results of 
queries made by FinCEN customers; and FinCEN employees on behalf of 
investigatory agencies, financial intelligence units, other FinCEN 
customers, and FinCEN itself.

Authority for maintenance of the system:
    5 U.S.C. 301, 31 U.S.C. 5311 et seq.; 31 U.S.C. 310; 31 CFR part 
103; Treasury Department Order 180-01 (September 26, 2002).

Purpose(s):
    The purpose of this system of records is to support FinCEN's 
efforts to provide a government-wide, multi-source intelligence and 
analytical network to support the detection, investigation, and 
prosecution of domestic and international money laundering, other 
financial crimes, and other domestic and international criminal, tax, 
and regulatory investigations and examinations.

Routine uses of records maintained in the system including categories 
of users and the purposes of such uses:
    Records in this system may be used to:
    (1) Provide responses to queries from Federal, State, territorial, 
and local law enforcement and regulatory agencies, both foreign and 
domestic, regarding Bank Secrecy Act and other financial crime 
enforcement;
    (2) Furnish information to other Federal, State, local, 
territorial, and foreign law enforcement and regulatory agencies 
responsible for investigating or prosecuting the violations of, or for 
enforcing or implementing a statute, rule, regulation, order, or 
license, where FinCEN becomes aware of an indication of a violation or 
potential violation of civil or criminal law or regulation;
    (3) Furnish information to the Department of Defense, to support 
its role in the detection and monitoring of aerial and maritime transit 
of illegal drugs into the United States and any other role in support 
of law enforcement that the law may mandate;
    (4) Respond to queries from INTERPOL in accordance with agreed 
coordination procedures between FinCEN and INTERPOL;
    (5) Furnish information to individuals and organizations, in the 
course of enforcement efforts, to the extent necessary to elicit 
information pertinent to financial law enforcement;
    (6) Furnish information to a court, magistrate, or administrative 
tribunal in the course of presenting evidence, including disclosures to 
opposing counsel or witnesses in the course of civil discovery, 
litigation, or settlement negotiations, in response to a subpoena, or 
in connection with civil or criminal law proceedings;
    (7) Furnish information to the news media in accordance with the 
guidelines contained in 28 CFR 50.2, which relate to civil and criminal 
proceedings;
    (8) Furnish information to the Department of State and the 
Intelligence Community to further those agencies' efforts with respect 
to national security and international and the foreign aspects of 
international narcotics trafficking; and
    (9) To appropriate agencies, entities, and persons when (a) FinCEN 
suspects or has confirmed that the security or confidentiality of 
information in the system of records has been compromised; (b) FinCEN 
has determined that as a result of the suspected or confirmed 
compromise there is a risk of harm to economic or property interests, 
identity theft or fraud, or harm to the security or integrity of this 
system or other systems

[[Page 42407]]

or programs (whether maintained by FinCEN or another agency or entity) 
that rely upon the compromised information; and (c) the disclosure made 
to such agencies, entities, and persons is reasonably necessary to 
assist in connection with FinCEN's efforts to respond to the suspected 
or confirmed compromise and prevent, minimize, or remedy such harm.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Magnetic media and hard copy.

Retrievability:
    By name, address, or other unique identifier.

Safeguards:
    All FinCEN personnel accessing the system will have successfully 
passed a background investigation. FinCEN will furnish information from 
the system of records to approved personnel only on a ``need to know'' 
basis using passwords and access control. Procedural and physical 
safeguards to be utilized include the logging of all queries and 
periodic review of such query logs; compartmentalization of information 
to restrict access to authorized personnel; physical protection of 
sensitive hard copy information; encryption of electronic 
communications; intruder alarms; and 24-hour building guards. The 
system complies with all applicable security requirements of the 
Department of the Treasury.

Retention and disposal:
    FinCEN personnel will review records each time a record is 
retrieved and on a periodic basis to see whether it should be retained 
or modified. FinCEN will dispose of all records after twenty years. 
Records will be disposed of by erasure of magnetic media and by 
shredding and/or burning of hard copy documents.

System manager(s) and addresses:
    Deputy Director, Financial Crimes Enforcement Network, P.O. Box 39, 
Vienna, VA 22183-0039.

Notification procedure:
    This system is exempt from notification requirements, record access 
requirements, and requirements that an individual be permitted to 
contest its contents, pursuant to the provisions of 5 U.S.C. 
552a(j)(2), (k)(1), and (k)(2).

Record Access procedures:
    See ``Notification procedure'' above.

Contesting Record procedures:
    See ``Notification procedure'' above.

Record source categories:
    See ``Categories of individuals covered by the system'' above. 
Pursuant to the provisions of 5 U.S.C. 552a(j)(2), (k)(1), and (k)(2), 
this system is exempt from the requirement that the Record source 
categories be disclosed.

Exemptions claimed for the system:
    This system is exempt from 5 U.S.C. 552a(c)(3), (c)(4), (d)(1), 
(d)(2), (d)(3), (d)(4), (e)(1), (e)(2), (e)(3), (e)(4)(G), (H), and 
(I), (e)(5), (e)(8), (f), and (g) of the Privacy Act pursuant to 5 
U.S.C. 552a(j)(2), (k)(1), and (k)(2). See 31 CFR 1.36.
Treasury/FinCEN.002

System name:
    Suspicious Activity Report System (the ``SAR System'')--Treasury/
FinCEN.

System location:
    The Internal Revenue Service Enterprise Computing Center Detroit 
(ECCD), 985 Michigan Avenue, Detroit, Michigan 48226-1129 and the 
Financial Crimes Enforcement Network (FinCEN), P.O. Box 39, Vienna, VA 
22183-0039.

Categories of individuals covered by the system:
    The SAR System contains information from forms including, but not 
limited to: Form TD F 90-22.47 (Suspicious Activity Report by 
Depository Institutions)--to be replaced by FinCEN 111; FinCEN 101 
(Suspicious Activity Report by Securities and Futures Industries); 
FinCEN 102 (Suspicious Activity Report by Casinos and Card Clubs)--
formerly TD F 90-22.49; FinCEN 109 (Suspicious Activity Report by Money 
Services Business)--formerly TD F 90-22.56. Information on these forms 
concerns:
    (1) Individuals or entities that are known perpetrators or 
suspected perpetrators of a known or suspected federal criminal 
violation, or pattern of criminal violations, committed or attempted 
against a financial institution, or participants in a transaction or 
transactions conducted through the financial institution, that have 
been reported by the financial institution, either voluntarily or 
because such a report is required under the rules of FinCEN, one or 
more of the Federal Supervisory Agencies (the Board of Governors of the 
Federal Reserve System (the Board), the Office of the Comptroller of 
the Currency (OCC), the Federal Deposit Insurance Corporation (FDIC), 
the Office of Thrift Supervision (OTS), and the National Credit Union 
Administration NCUA) (collectively, the ``Federal Supervisory 
Agencies'')), or both.
    (2) Individuals or entities that are participants in transactions, 
conducted or attempted by, at, or through a financial institution, that 
have been reported because the institution knows, suspects, or has 
reason to suspect that: (a) The transaction involves funds derived from 
illegal activities, the transaction is intended or conducted to hide or 
disguise funds or assets derived from illegal activities as part of a 
plan to violate or evade any law or regulation or to avoid any 
transaction reporting requirement under Federal law; (b) the 
transaction is designed to evade any regulations promulgated under the 
Bank Secrecy Act, Pub. L. 91-508, as amended, codified at 12 U.S.C. 
1829b, 12 U.S.C. 1951-1959, and 31 U.S.C. 5311-5331; or (c) the 
transaction has no business or apparent lawful purpose or is not the 
sort in which the particular customer would normally be expected to 
engage, and the financial institution knows of no reasonable 
explanation for the transaction after examining the available facts, 
including the background and possible purpose of the transaction;
    (3) Individuals who are directors, officers, employees, agents, or 
otherwise affiliated with a financial institution;
    (4) Individuals or entities that are actual or potential victims of 
a criminal violation or series of violations;
    (5) Individuals who are named as possible witnesses in connection 
with matters arising from any such report;
    (6) Individuals or entities named as preparers of any such report;
    (7) Individuals or entities named as persons to be contacted for 
assistance by government agencies in connection with any such report;
    (8) Individuals or entities who have or might have information 
about individuals or criminal violations described above;
    (9) Individuals or entities involved in evaluating or investigating 
any matters arising from any such report;
    (10) Individuals, entities and organizations suspected of engaging 
in terrorist and other criminal activities and any person who may be 
affiliated with such individuals, entities or organizations;
    (11) Individuals or entities named by financial institutions as 
persons to be contacted for further assistance by government agencies 
in connection with individuals, entities or organizations suspected of 
engaging in terrorist or other criminal activities; and
    (12) Individuals or entities involved in evaluating or 
investigating any matters in connection with individuals, entities or 
organizations suspected of

[[Page 42408]]

engaging in terrorist or other criminal activity.

Categories of records in the system:
    The SAR System contains information reported to FinCEN by a 
financial institution (including, but not limited to, a depository 
institution, a money services business, a broker-dealer in securities, 
and a casino) on a Suspicious Activity Report (``SAR'') that is filed 
voluntarily or as required under the authority of FinCEN, one or more 
of the Federal Supervisory Agencies, or under any other authority. The 
SAR System also may contain information that may relate to terrorist or 
other criminal activity that is reported voluntarily to FinCEN by any 
individual or entity through any other means, including through 
FinCEN's Financial Institutions Hotline. The SAR System also may 
contain information relating to individuals, entities, and 
organizations reasonably suspected based on credible evidence of 
engaging in terrorist or other criminal activities, including 
information provided to FinCEN from financial institutions regarding 
such individuals, entities, and organizations. SARs contain information 
about the categories of persons or entities specified in ``Categories 
of Individuals Covered by the system.'' The SAR System may also contain 
records pertaining to criminal prosecutions, civil actions, enforcement 
proceedings, and investigations resulting from or relating to SARs. 
Additionally, it will contain records pertaining to criminal 
prosecutions, civil actions, enforcement proceedings, and 
investigations relating to institutions required to file reports or 
under the supervision of one or more of the Federal Supervisory 
agencies.

Authority for maintenance of the system:
    The system is established and maintained in accordance with 31 
U.S.C. 5318(g); 31 U.S.C. 321; and 31 U.S.C. 310; 31 CFR Part 103; 
Treasury Department Order 180-01 (September 26, 2002).

Purpose(s):
    The requirements of FinCEN and the Federal Supervisory Agencies 
create an integrated process for reporting suspicious activity and 
known or suspected crimes by, at, or through depository institutions 
and certain of their affiliates. The process is based on a single 
uniform SAR filed with FinCEN.
    The SAR System has been created, as a key part of this integrated 
reporting process, to permit coordinated and enhanced analysis and 
tracking of such information, and rapid dissemination of SAR 
information to appropriate law enforcement and supervisory agencies. 
The provisions of 31 U.S.C. 5318(g)(4)(B) specifically require that the 
agency designated as repository for SARs refer those reports to any 
appropriate law enforcement or supervisory agency.
    Data from the SAR System will be exchanged, retrieved, and 
disseminated, both manually and electronically among FinCEN, the 
Federal Supervisory Agencies, appropriate Federal, State, and local law 
enforcement, regulatory, and tax agencies, and State banking 
supervisory agencies. Agencies to which information will be referred 
electronically, which in certain cases may involve electronic transfers 
of batch information, include the Federal Supervisory Agencies, the 
Federal Bureau of Investigation, the Internal Revenue Service, the 
United States Secret Service, the United States Customs and Border 
Protection, U.S. Immigration and Customs Enforcement, the U.S. Drug 
Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms and 
Explosives, appropriate federal agencies' Inspector General Offices, 
the Executive Office of the United States Attorneys and the Offices of 
the 93 United States Attorneys, State bank supervisory agencies, and 
certain State law enforcement, regulatory, and tax agencies, which have 
entered into appropriate agreements with FinCEN. Organizations to which 
information is regularly disseminated are referred to as SAR System 
Users. It is anticipated that information from the SAR System will also 
be disseminated to other appropriate Federal, State, or local law 
enforcement, regulatory and tax agencies that enter into appropriate 
agreements with FinCEN. In addition, information may be disseminated to 
non-United States financial regulatory and law enforcement agencies.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    These records may be used to:
    (1) Provide information or records, electronically or manually, to 
SAR System Users relevant to the enforcement and supervisory programs 
and operations of those Users;
    (2) Provide SAR System Users and their Executive Departments with 
reports that indicate the number, amount, individual identity, and 
other details concerning potential violations of the law that have been 
the subject of Suspicious Activity Reports;
    (3) Provide information or records to any appropriate domestic or 
non-United States governmental agency or self-regulatory organization 
charged with the responsibility of administering law or investigating 
or prosecuting violations of law, or charged with the responsibility of 
enforcing or implementing a statute, rule, regulation, order, or 
policy, or charged with the responsibility of issuing a license, 
security clearance, contract, grant, or benefit, when relevant to the 
responsibilities of these agencies or organizations;
    (4) Provide information or records, when appropriate, to 
international and foreign governmental authorities in accordance with 
law and formal or informal international agreement;
    (5) Disclose on behalf of a SAR System User, the existence, but not 
necessarily the content, of information or records to a third party, in 
cases where a SAR System User is a party or has a direct interest and 
where the SAR System User has concluded that such disclosure is 
necessary;
    (6) Provide information or records to the Department of Justice, or 
in a proceeding before a court, adjudicative body, or other 
administrative body before which the SAR System User is authorized to 
appear, when (a) The SAR System User, or any component thereof; or (b) 
any employee of the SAR System User in his or her official capacity; or 
(c) any employee of the SAR System User, where the Department of 
Justice or the SAR System User has agreed to represent the employee; or 
(d) the United States is a party to litigation or has an interest in 
such litigation, when the SAR System User determines that litigation is 
likely to affect the SAR System User or any of its components and the 
use of such records by the Department of Justice or the SAR System User 
is deemed by the SAR System User to be relevant and necessary to the 
litigation, provided, however, that in each case it has been determined 
that the disclosure is compatible with the purpose for which the 
records were collected;
    (7) Disclose information or records to individuals or entities to 
the extent necessary to elicit information pertinent to the 
investigation, prosecution, or enforcement of civil or criminal 
statutes, rules, regulations, or orders;
    (8) In accordance with Executive Order 12968 (August 2, 1995), 
provide information or records to any appropriate government authority 
in connection with investigations and reinvestigations to determine 
eligibility for access to classified information to the extent relevant 
for matters that are by statute permissible subjects of inquiry;

[[Page 42409]]

    (9) Provide, when appropriate, information or records to a bar 
association, or other trade or professional organization performing 
similar functions, for possible disciplinary action;
    (10) Provide information or records to the Department of State and 
to the United States Intelligence Community, within the meaning of 
Executive Order 12333 (December 4, 1981) to further those agencies' 
efforts with respect to national security and international narcotics 
trafficking;
    (11) Furnish analytic and statistical reports to government 
agencies and the public providing information about trends and patterns 
derived from information contained on Suspicious Activity Reports, in a 
form in which individual identities are not revealed;
    (12) Disclose information or records to any person with whom 
FinCEN, the DCC, or a SAR System User contracts to provide consulting, 
data processing, clerical, or secretarial functions relating to the 
official programs and operations of FinCEN, DCC, or the SAR System 
User;
    (13) Disclose information to United States intelligence agencies in 
the conduct of intelligence or counterintelligence activities, 
including analysis, to protect against international terrorism, and
    (14) To appropriate agencies, entities, and persons when (a) FinCEN 
suspects or has confirmed that the security or confidentiality of 
information in the system of records has been compromised; (b) FinCEN 
has determined that as a result of the suspected or confirmed 
compromise there is a risk of harm to economic or property interests, 
identity theft or fraud, or harm to the security or integrity of this 
system or other systems or programs (whether maintained by FinCEN or 
another agency or entity) that rely upon the compromised information; 
and (c) the disclosure made to such agencies, entities, and persons is 
reasonably necessary to assist in connection with FinCEN's efforts to 
respond to the suspected or confirmed compromise and prevent, minimize, 
or remedy such harm.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the System:
Storage:
    Records are maintained in magnetic media and on hard paper copy.

Retrievability:
    Data in the SAR System may be retrieved by sectionalized data 
fields (i.e. , name of financial institution or holding company, type 
of suspected violation, individual suspect name, witness name, and name 
of individual authorized to discuss the referral with government 
officials) or by the use of search and selection criteria.

Safeguards:
    All persons with electronic access to records in the system will 
have successfully completed a background investigation. All State and 
local agency personnel, and all Federal personnel outside the U. S. 
Department of the Treasury with electronic access will have 
successfully completed appropriate training. Passwords and access 
controls will be utilized. Signed agreements outlining usage and 
dissemination rules are required of all non-Treasury agencies before 
electronic access is authorized. Procedural and physical safeguards 
include: The logging of all queries and periodic review of such query 
logs; compartmentalization of information to restrict access to 
authorized personnel; physical protection of sensitive hard copy 
documents and magnetic tapes; encryption of electronic communications; 
intruder alarms and other security devices; and 24-hour building 
guards. The system complies with all applicable security requirements 
of the Department of the Treasury.

Retention and disposal:
    Records in this system will be updated periodically to reflect 
changes, and will be maintained in electronic form as long as needed 
for the purpose for which the information was collected. Records will 
then be disposed of in accordance with applicable law.

System Manager and Address:
    General Policy: Deputy Director, Financial Crimes Enforcement 
Network, P.O. Box 39, Vienna, Virginia 22183-0039. Computer Systems 
Maintenance and Administration: Director, IRS Enterprise Computing 
Center Detroit, 985 Michigan Avenue, Detroit, Michigan 48226-1129

Notification procedure:
    This system is exempt from notification requirements, record access 
requirements, and requirements that an individual be permitted to 
contest its contents, pursuant to the provisions of 5 U.S.C. 552a(j)(2) 
and (k)(2).

Record access procedures:
    See ``Notification procedure'' above.

Contesting record procedures:
    See ``Notification procedure'' above.

Record source categories:
    Records in this system may be provided by or obtained from: 
individuals; financial institutions and certain of their affiliates; 
Federal Supervisory Agencies; State financial institution supervisory 
agencies; domestic or foreign governmental agencies; foreign or 
international organizations; and commercial sources. Pursuant to the 
provisions of 5 U.S.C. 552a(j)(2) and (k)(2), this system is exempt 
from the requirement that the Record source categories be disclosed.

Exemptions claimed for the system:
    This system is exempt from 5 U.S.C. 552a(c)(3), (c)(4), (d)(1), 
(d)(2), (d)(3), (d)(4), (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), 
(e)(4)(I), (e)(5), (e)(8), (f), and (g) of the Privacy Act pursuant to 
5 U.S.C. 552a(j)(2) and (k)(2). See 31 CFR 1.36.
Treasury/FinCEN.003

System name:
    Bank Secrecy Act Reports System--Treasury/FinCEN.

System location:
    Electronic Records: Currency and Banking Retrieval System, Internal 
Revenue Service Enterprise Computing Center Detroit (ECCD), 985 
Michigan Avenue, Detroit, Michigan 48226-1129 and Treasury Enforcement 
Communications System, United States Customs and Border Protection, 
Newington, 7681 Boston Boulevard, Springfield, Virginia 22153-3140. 
Paper Records: FinCEN Form 105--U.S. Customs and Border Protection, 
Newington, VA. All other forms, including, but not limited to, FinCEN 
Form 104, TDF 90.22-1 and Form 8362--Internal Revenue Service, Detroit, 
MI.

Categories of individuals covered by the system:
    See persons identified in the reports specified below under 
`Categories of Records in the System.'

Categories of records in the system:
    Information or reports filed under the Bank Secrecy Act and its 
implementing regulations (31 CFR part 103) including, but not limited 
to, reports made on FinCEN Form 104 (Currency Transaction Report)--
formerly IRS Form 4789; FinCEN Form 103 (Currency Transaction Report by 
Casinos)--formerly IRS 8362; FinCEN Form 103N-rescinded 1/7/07 
(Currency Transaction Report by Casinos-Nevada)--formerly IRS Form 
8852; FinCEN Form 8300 (Report of Cash Payments Over $10,000 Received 
in a Trade or Business)--

[[Page 42410]]

formerly IRS Form 8300; FinCEN Form 105 (Report of International 
Transportation of Currency or Monetary Instruments)--formerly Customs 
Form 4790; Treasury Form TDF 90-22.1 (Report of Foreign Bank and 
Financial Accounts); FinCEN Form 110 (Designation of Exempt Person)--
formerly Treasury Form TDF 90-22.53; and FinCEN Form 107 (Registration 
of Money Services Businesses)--formerly Treasury Form TDF 90-22.55. 
These reports include names of individuals and other entities filing 
the reports, names of the owners of monetary instruments, the amounts 
and kinds of currency or other monetary instruments transported, 
reported, or in foreign banking accounts, account numbers, addresses, 
dates of birth, and other personal identifiers. (This system does not 
include Suspicious Activity Reports. Those reports are included in 
another system of records, ``Suspicious Activity Reporting System--
Treasury/FinCEN.002'').

Authority for maintenance of the system:
    12 U.S.C. 1829b and 1951-1959; 31 U.S.C. 5311-5331; 5 U.S.C. 301; 
31 U.S.C. 310; 31 CFR part 103; Treasury Department Order 180-01 
(September 26, 2002).

Purpose(s):
    The Bank Secrecy Act, codified at 12 U.S.C. 1829b and 1951-1959 and 
31 U.S.C. 5311-5331 authorizes the Secretary of the Treasury to issue 
regulations requiring records and reports that are determined to have a 
high degree of usefulness in criminal, tax, and regulatory 
investigations and examinations. The Secretary's authority has been 
implemented through regulations promulgated at 31 CFR part 103. The 
purpose of this system of records is to maintain the information 
contained on the reports required under these regulations. This 
information is disseminated, both electronically and manually, in 
accordance with strict safeguards, to appropriate Federal, State, 
local, and foreign criminal law enforcement and regulatory personnel in 
the official performance of their duties.

Routine uses of records maintained in the system, including categories 
of users and the purpose of such uses:
    These records may be used to:
    (1) Disclose pertinent information to appropriate Federal, State, 
local, or foreign agencies responsible for investigating or prosecuting 
the violations of, or for enforcing or implementing, a statute, rule, 
regulation, order, or license, where the disclosing agency becomes 
aware of an indication of a violation or potential violation of civil 
or criminal law or regulation;
    (2) Disclose information to Federal, State, or local agencies, 
maintaining civil, criminal, or other relevant information, where the 
agency has requested information relevant to or necessary to the 
requesting agency's hiring or retention of an individual, or issuance 
of a security clearance, license, contract, grant, or other benefit;
    (3) Disclose to appropriate Federal, State, or local agencies 
engaged in the identification, investigation, and prosecution of 
violations or potential violations of criminal statutes, information, 
in a computerized format, to identify or to permit the identification 
of patterns of suspected criminal activity that fall within the 
jurisdiction of the agency requesting the information;
    (4) Provide information or records to any appropriate domestic or 
non-United States governmental agency or self-regulatory organization 
charged with the responsibility of administering law or investigating 
or prosecuting violations of law, or charged with the responsibility of 
enforcing or implementing a statute, rule, regulation, order, or 
policy, when relevant to the responsibilities of these agencies or 
organizations;
    (5) Disclose relevant information on individuals to authorized 
Federal and State agencies through computer matching in order to help 
eliminate waste, fraud, and abuse in Government programs and identify 
individuals who are potentially in violation of civil law, criminal 
law, or regulation;
    (6) Disclose information to a court, magistrate, or administrative 
tribunal in the course of presenting evidence, including disclosures to 
opposing counsel or witnesses in the course of civil discovery, 
litigation, or settlement negotiations, in response to a subpoena, or 
in connection with criminal law proceedings;
    (7) Provide information to the news media, in accordance with 
guidelines contained in 28 CFR 50.2, that relates to an agency's 
functions relating to civil and criminal proceedings;
    (8) Provide information to third parties during the course of an 
investigation to the extent necessary to obtain information pertinent 
to the investigation;
    (9) Provide information or records to United States intelligence 
agencies in the conduct of intelligence or counterintelligence 
activities, including analysis, to protect against international 
terrorism;
    (10) Disclose to the public information about Money Services 
Businesses that have registered with FinCEN pursuant to 31 CFR 103.41, 
other than information that consists of trade secrets, or that is 
privileged and confidential commercial or financial information; and
    (11) To appropriate agencies, entities, and persons when (a) FinCEN 
suspects or has confirmed that the security or confidentiality of 
information in the system of records has been compromised; (b) FinCEN 
has determined that as a result of the suspected or confirmed 
compromise there is a risk of harm to economic or property interests, 
identity theft or fraud, or harm to the security or integrity of this 
system or other systems or programs (whether maintained by FinCEN or 
another agency or entity) that rely upon the compromised information; 
and (c) the disclosure made to such agencies, entities, and persons is 
reasonably necessary to assist in connection with FinCEN's efforts to 
respond to the suspected or confirmed compromise and prevent, minimize, 
or remedy such harm.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Records are maintained in magnetic media and on hard paper copy.

Retrievability:
    By name and other unique identifier.

Safeguards:
    All persons with electronic access to records in the system will 
have successfully completed a background investigation. All State and 
local agency personnel, and all Federal personnel outside the U.S. 
Department of the Treasury with electronic access will have 
successfully completed appropriate training. Passwords and access 
controls will be utilized. Signed agreements outlining usage and 
dissemination rules are required of all non-Treasury agencies before 
electronic access is authorized. Procedural and physical safeguards 
include: The logging of all queries and periodic review of such query 
logs; compartmentalization of information to restrict access to 
authorized personnel; physical protection of sensitive hard copy 
documents and magnetic tapes; encryption of electronic communications; 
intruder alarms and other security devices; and 24-hour building 
guards. The system complies with all applicable security

[[Page 42411]]

requirements of the Department of the Treasury.

Retention and disposal:
    Records in this system will be updated periodically to reflect 
changes, and will be maintained in electronic form as long as needed 
for the purposes for which the information was collected. Records will 
be disposed of in accordance with applicable law.

System manager(s) and address:
    General Policy: Deputy Director, Financial Crimes Enforcement 
Network, P.O. Box 39, Vienna, Virginia 22183-0039. Computer Systems 
Maintenance and Administration: Director, IRS Enterprise Computing 
Center Detroit, 985 Michigan Avenue, Detroit, Michigan 48226-1129 and 
Director, Office of Information Technology, U.S. Customs and Border 
Protection, Newington, 7681 Boston Boulevard, Springfield, Virginia 
22153-3140.

Notification procedure:
    This system is exempt from notification requirements, record access 
requirements, and requirements that an individual be permitted to 
contest its contents, pursuant to the provisions of 5 U.S.C. 552a(j)(2) 
and (k)(2).

Record access procedures:
    See ``Notification procedure'' above.

Contesting record procedures:
    See ``Notification procedure'' above.

Record source categories:
    Pursuant to the provisions of 5 U.S.C. 552a(j)(2) and (k)(2), this 
system is exempt from the requirement that the Record source categories 
be disclosed.

Exemptions claimed for the system:
    This system is exempt from 5 U.S.C. 552a(c)(3), (c)(4), (d)(1), 
(d)(2), (d)(3), (d)(4), (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), 
(e)(4)(I), (e)(5), (e)(8), (f), and (g) of the Privacy Act pursuant to 
5 U.S.C. 552a(j)(2) and (k)(2). See 31 CFR 1.36.

[FR Doc. E8-16610 Filed 7-18-08; 8:45 am]
BILLING CODE 4810-02-P