Proposed Collection; Comment Request; Bank Secrecy Act Designation of Exempt Person Report Proposed Data Fields, 4745-4747 [2011-1586]
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mstockstill on DSKH9S0YB1PROD with NOTICES
Federal Register / Vol. 76, No. 17 / Wednesday, January 26, 2011 / Notices
1099–K, Merchant Card and Third Party
Payments.
DATES: Written comments should be
received on or before March 28, 2011 to
be assured of consideration.
ADDRESSES: Direct all written comments
to Yvette Lawrence, Internal Revenue
Service, room 6129, 1111 Constitution
Avenue NW., Washington, DC 20224.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the form and instructions
should be directed to Ralph Terry, (202)
622–8144, at Internal Revenue Service,
room 6129, 1111 Constitution Avenue,
NW., Washington, DC 20224, or through
the Internet at Ralph.M.Terry@irs.gov.
SUPPLEMENTARY INFORMATION:
Title: Merchant Card and Third Party
Payments.
OMB Number: 1545–XXXX.
Form Number: Form 1099–K.
Abstract: This is a new form is in
response to section 102 of Public Law
111–147, the Hiring Incentives to
Restore Employment (HIRE) Act. The
form reflects a new non-Code general
business credit for the retention of
certain qualified individuals hired in
2010. The credit is first available for an
employer’s income tax return with a tax
year ending after 3/18/10 where new
hired employees hired after after 2/3/10
and before 1/1/11 worked not less 52
consecutive weeks where wages paid in
last 26 weeks of employment were at
least 80% of wages paid in first 26
weeks. These requirements are to be met
before employer is legibile for the lesser
$1,000 or 6.2% of wages paid by the
employer to the employee during the 52
consecutive week period of each
qualified retained worker.
Current Actions: This is a new form.
Type of Review: New collection.
Affected Public: Individuals or
households, Business or other for-profit
groups, Not-for-profit institutions,
Farms, Federal Government, State,
Local, or Tribal Governments.
Estimated Number of Respondents:
2,000.
Estimated Time per Respondent: 18
minutes.
Estimated Total Annual Burden
Hours: 620.
The following paragraph applies to all
of the collections of information covered
by this notice:
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 OMB control number.
Books or records relating to a
collection of information must be
retained as long as their contents may
become material in the administration
VerDate Mar<15>2010
17:27 Jan 25, 2011
Jkt 223001
of any internal revenue law. Generally,
tax returns and tax return information
are confidential, as required by 26
U.S.C. 6103.
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.
Approved: January 18, 2011.
Yvette Lawrence,
IRS Reports Clearance Officer.
[FR Doc. 2011–1547 Filed 1–25–11; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF THE TREASURY
Financial Crimes Enforcement Network
Proposed Collection; Comment
Request; Bank Secrecy Act
Designation of Exempt Person Report
Proposed Data Fields
Financial Crimes Enforcement
Network (‘‘FinCEN’’), Treasury.
ACTION: Notice and request for
comments.
AGENCY:
FinCEN is continuing the
design of a new Bank Secrecy Act (BSA)
database (the Database) and invites
comment on the list of proposed data
fields within the Database that will
support the filing of a Designation of
Exempt Person (DOEP) Report by
financial institutions required to file
such reports under the BSA. This notice
does not propose any new regulatory
requirements or changes to the
requirements related to designation of
exempt person reporting, but rather
seeks input on technical matters as we
transition from a system originally
designed for collecting paper forms to a
modernized IT environment for
electronic reporting. The list of
proposed data fields for the
‘‘Designation of Exempt Person (DOEP)’’
SUMMARY:
PO 00000
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Fmt 4703
Sfmt 4703
4745
appears at the end of this notice. The
proposed data fields reflect the filing
requirement for all filers of DOEPs
under the BSA. The DOEP will be an efiled dynamic and interactive report
used by all BSA filing institutions to
report exemptions to the Department of
the Treasury. This request for comments
covers 31 CFR 103.22(d). 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, 2011.
ADDRESSES: Written comments should
be submitted to: Regulatory Policy and
Programs Division, Financial Crimes
Enforcement Network, Department of
the Treasury, P.O. Box 39, Vienna,
Virginia 22183, Attention: PRA
Comments—BSA–DOEP Database.
DOEP 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: BSA–DOEP Database.’’
Inspection of comments. Comments
may be inspected, between 10 a.m. and
4 p.m., in the FinCEN reading room in
Vienna, VA. Persons wishing to inspect
the comments submitted must request
an appointment with the Disclosure
Officer by telephoning (703) 905–5034
(Not a toll free call).
FOR FURTHER INFORMATION CONTACT: The
FinCEN Regulatory Helpline at 800–
949–2732, select option 7.
SUPPLEMENTARY INFORMATION:
Title: BSA Designation of Exempt
Persons Report by Depository Financial
Institutions, (See 31 CFR 103.22(d).
OMB Number: 1506–0012.
Form Number: FinCEN Form 110.
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.
5311–5332, 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
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
E:\FR\FM\26JAN1.SGM
Continued
26JAN1
4746
Federal Register / Vol. 76, No. 17 / Wednesday, January 26, 2011 / Notices
mstockstill on DSKH9S0YB1PROD with NOTICES
Regulations implementing Title II of the
Bank Secrecy Act appear at 31 CFR Part
103. The authority of the Secretary to
administer the Bank Secrecy Act has
been delegated to the Director of
FinCEN.
The Secretary of the Treasury was
granted authority in 1992, with the
enactment of 31 U.S.C. 5313, to permit
financial institutions to exempt certain
persons from the requirement to file
currency transaction reports.
The information collected on the
‘‘report’’ is required to be provided
pursuant to 31 U.S.C. 5313, as
implemented by FinCEN regulations
found at 31 CFR 103.22(d). The
information collected under this
requirement is made available to
appropriate agencies and organizations
as disclosed in FinCEN’s Privacy Act
System of Records Notice relating to
BSA Reports.2
Current Action: FinCEN is in the
process of designing the Database to
accept modernized electronic BSA
reporting. The Database will accept
XML based dynamic, state-of-the-Art,
reports. Batch and computer-tocomputer filing processes will remain
unchanged although the file format will
change to match the Database. Discrete
filings will be based on Adobe LiveCycle
Designer ES dynamic forms. All filings
(discrete, batch, and computed-tocomputer) will be accessed through the
BSA E-Filing system 3 using current
registration and log in procedures.
During log-in to the discrete filing
option, filers will be prompted through
a series of questions 4 (See BSA–DOEP
Comprehensive Summary of Proposed
Data Fields, Part I and Part III, at the end
of this notice) thereby providing the
discrete filer with a dynamic report
tailored for the filer’s specific
institution. Batch and computer-tocomputer filers will file reports based
on an electronic file specification that
will be finalized after reviewing public
comments received in response to this
notice.
Dynamic forms are documents with a
hierarchical structure that can be
Tools Required to Intercept and Obstruct Terrorism
Act of 2001 (the ‘‘USA PATRIOT Act’’), Public Law
107–56.
2 Treasury Department bureaus such as FinCEN
renew their System of Records Notices every three
years unless there is cause to amend them more
frequently. FinCEN’s System of Records Notice for
the BSA Report System was most recently
published at 73 FR 42405, 42410 (July 21, 2008).
3 BSA E-Filing is a free service provided by
FinCEN. More information on the filing methods
may be accessed at https://
bsaefiling.fincen.treas.gov/main.html.
4 A series of predetermined questions will be
used to establish the type of institution and filing
in much the same manner as used in widely
accepted income tax filing software.
VerDate Mar<15>2010
17:27 Jan 25, 2011
Jkt 223001
converted into XML. This structure can
include structure from XML Schema
and example XML files. Dynamic forms
can be saved as PDF files or XDP files.
XDP files are used by the Adobe
LiveCycle Form Server to render files to
PDF or HTML as needed. The report for
the Database will be designed to be both
dynamic (changing layout in response to
data propagated from other sources),
and interactive (capable of accepting
user input). Currently, e-filed discrete
forms are based on Designer 8.2.1. The
dynamic features of these PDF forms
can be manipulated by the Adobe Form
Server during the rendering process, or
by the Adobe Acrobat/Acrobat Reader 5
client during viewing. Dynamic forms
allow JavaScript to be embedded
thereby enabling programmatic changes
to the form layout as well as
communication with various data
sources (SOAP, OLEDB). Besides
JavaScript, Adobe dynamic forms
includes a proprietary scripting
language called FormCalc, designed to
be a simple language for users familiar
with spreadsheet calculations.
The filing of the dynamic report will
begin with the filer identifying the type
of filing 6 followed by answering several
questions about the filer’s institution,
the institution’s RSSD/EIN, and
address.7 Responses to these questions
will enable or ‘‘auto populate’’ certain
data elements of the report with
information obtained from third party
data sources, completing most of the
filing institution’s identifying
information. The institution will then
complete specific information on the
exempt person.
items cover the filer and may include,
if appropriate, any affiliated
institutions. Filers are only required to
complete those items that pertain to the
report being made that apply to their
institution.
• A Part IV ‘‘Signature’’ is required for
all reports.
Type of Review: Initial review of the
proposed data elements of the Database
in support of the electronic filing of a
dynamic BSA–DOEP.
Affected public: Business or other forprofit and not-for-profit financial
institutions.
Frequency: As required.
Estimated Reporting Burden: Average
of 60 minutes per report and 15 minutes
recordkeeping per filing. (The reporting
burden of the regulations 31 CFR
103.22(d) is reflected in the burden for
the form.).
Estimated Recordkeeping and
Reporting Burden for 31 CFR 103.22(d):
75 minutes.
Estimated Number of Respondents =
27,262.
Estimated Total Annual Responses =
31,000.9
Estimated Total Annual Reporting
and Recordkeeping Burden: 38,750
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 OMB control number.
Records required to be retained under
the Bank Secrecy Act must be retained
for five years.
General Review of the BSA–DOEP
Comprehensive Summary of Proposed
Data Fields 8
Note: The following general
comments apply to all filings: Discrete,
batch, and computer-to-computer.
Critical fields are marked with an
asterisk (*) and must be completed.
• All filing institutions will complete
Part I ‘‘Filing Information’’ for each
report.
• All filing institutions will complete
Part II, ‘‘Exempt Person Information’’ for
each exemption.
• All filing institutions must
complete a Part III. Note that Part III
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.
5 Adobe Acrobat Reader is free and can be
download from the Adobe Web site https://
www.adobe.com/reader.
6 See item 1 of the BSA–DOEP Comprehensive
Summary of Proposed Data Fields at the end of this
notice.
7 See Part III of the BSA–DOEP Comprehensive
Summary of Proposed Data Fields at the end of this
notice.
8 The complete list of proposed data fields
appears at the end of this notice.
PO 00000
Frm 00138
Fmt 4703
Sfmt 4703
Request for Comments
9 Numbers are based on actual 2009 filings as
reported to the IRS Enterprise Computing CenterDetroit (EEC–D) as of 12/31 2009.
E:\FR\FM\26JAN1.SGM
26JAN1
Federal Register / Vol. 76, No. 17 / Wednesday, January 26, 2011 / Notices
Dated: January 18, 2011.
James H. Freis, Jr.,
Director, Financial Crimes Enforcement
Network.
mstockstill on DSKH9S0YB1PROD with NOTICES
DOEP—Comprehensive Summary of
Proposed Data Fields—11–05–10
Part I Filing Information
* 1. Indicate the type of filing by checking a,
b, c (check only one):
a. Initial designation
b. Exemption amended
c. Exemption revoked
d. Prior report DCN (electronic view only)
* 2. Effective date of the exemption
Part II Exempt Person Information
* 3. Individual’s last name or entity’s Legal
name of the exempt person
a. (check) if entity
4. First name
5. Middle initial (middle name for electronic
filers)
Suffix (electronic view only)
6. Alternate name, e.g. AKA—individual or
Doing business as (DBA)—entity
7. Occupation or type of business
a. NAICS Code
* 8. Address
* 9. City
* 10. State
State should be derived through third party
data as enhanced data if not provided and
ZIP/Postal Code is provided. (Country must
be United States for DEP)
* 11. ZIP Code
ZIP + 4 should be derived through third
party data as enhanced data if not provided
or verified through third party data if
provided.
New Data Elements for GEO Coding—
Derived through third party data as enhanced
data will be identified for the financial
institution and any branches provided.
New Data Element of County—Derived
through third party data as enhanced data.
Derive data element of Country = USA.
New Data Element of HIFCA code—
Derived through third party data as enhanced
data will be identified for the financial
institution and any branches provided.
New Data Element of HIDTA code—
Derived through third party data as enhanced
data will be identified for the financial
institution and any branches provided.
* 12. TIN (enter number in space provided
and check appropriate type below)
* 13. TIN type
a. SSN
b. EIN
14. E-mail address (if available)
15. Phone number (if available)
15a. Extension (if any)
16. Type of exempt person, check box a, b,
c, or d (check only one)
a. Listed company
b. Listed company subsidiary
c. Eligible non-listed business
d. Payroll customer
Part III Filer Information
* 17. Name of bank
* 18. EIN
19. RSSD
VerDate Mar<15>2010
17:27 Jan 25, 2011
Jkt 223001
* 20. Address
* 21. City
* 22. State
State should be derived through third party
data as enhanced data if not provided and
Country is U.S., Mexico or Canada and ZIP/
Postal Code is provided.
* 23. ZIP Code
ZIP + 4 should be derived through third
party data as enhanced data if not provided
or verified through third party data if
provided.
New Data Elements for GEO Coding—
Derived through third party data as enhanced
data will be identified for the financial
institution and any branches provided.
New Data Element of County—Derived
through third party data as enhanced data.
Derive data element of Country = USA.
New Data Element of HIFCA code—
Derived through third party data as enhanced
data will be identified for the financial
institution and any branches provided.
New Data Element of HIDTA code—
Derived through third party data as enhanced
data will be identified for the financial
institution and any branches provided.
24. Designated office e-mail address
* 25. Indicate the bank’s primary federal
regulator by checking a, b, c, d, e, or f
(check only one)
a. OCC
b. FDIC
c. FRB
d. OTS
e. NCUA
f. FinCEN (including where IRS or another
FinCEN delegate examines for
compliance)
26. (Check) If this designation is also being
made for one or more affiliated banks
Part IV Signature
27. Print name
28. Title
29. Signature
30. Phone number—(include area code)
30a. Extension
31. Date of signature
[FR Doc. 2011–1586 Filed 1–25–11; 8:45 am]
BILLING CODE 4810–02–P
DEPARTMENT OF THE TREASURY
Financial Crimes Enforcement Network
Proposed Collection; Comment
Request; Bank Secrecy Act Unified
Currency Transaction Report
Proposed Data Fields
Financial Crimes Enforcement
Network (‘‘FinCEN’’), Treasury.
ACTION: Notice and request for
comments.
AGENCY:
FinCEN is continuing the
design of a new Bank Secrecy Act (BSA)
database (the Database) and invites
comment on the list of proposed data
fields within the Database that will be
required to support unified Currency
Transaction Report (CTR) filings by
SUMMARY:
PO 00000
Frm 00139
Fmt 4703
Sfmt 4703
4747
financial institutions required to file
such reports under the BSA. This notice
does not propose any new regulatory
requirements or changes to the
requirements related to currency
transaction reporting, but rather seeks
input on technical matters as FinCEN
transitions from a system originally
designed for collecting paper forms to a
modernized IT environment for
electronic reporting. The list of
proposed data fields for the unified
‘‘Currency Transaction Report (CTR)’’
appears at the end of this notice. The
proposed data fields reflect the filing
requirement for all filers of CTRs under
the BSA. The CTR will be an e-filed
dynamic and interactive report used by
all BSA filing institutions to report
designated currency transactions to the
Department of the Treasury. This
request for comments covers 31 CFR
103.22(b)(1) and (2). 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).
Written comments are welcome
and must be received on or before
March 28, 2011.
ADDRESSES: Written comments should
be submitted to: Regulatory Policy and
Programs Division, Financial Crimes
Enforcement Network, Department of
the Treasury, P.O. Box 39, Vienna,
Virginia 22183, ‘‘Attention: PRA
Comments—CTR Database.’’ Comments
also may be submitted by electronic
mail to the following Internet address:
regcomments@fincen.treas.gov, with the
caption, ‘‘Attention: CTR Database’’ in
the body of the text.
Inspection of comments. Comments
may be inspected, between 10 a.m. and
4 p.m., in the FinCEN reading room in
Vienna, VA. Persons wishing to inspect
the comments submitted must request
an appointment with the Disclosure
Officer by telephoning (703) 905–5034
(Not a toll free call).
FOR FURTHER INFORMATION CONTACT: The
FinCEN Regulatory Helpline at 800–
949–2732, select option 7.
SUPPLEMENTARY INFORMATION:
Title: BSA Unified Currency
Transaction Report by Financial
Institutions (See 31 CFR 103.22(b)(1)(2).
OMB Number: 1506–XXXX.1
Form Number: FinCEN Form 112.
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,
DATES:
1 The CTR reporting requirements are currently
covered under the following OMB Control numbers:
1506–0004 (Financial Institutions other than
Casinos), and 1506–0005 (Casinos and Card Clubs).
E:\FR\FM\26JAN1.SGM
26JAN1
Agencies
[Federal Register Volume 76, Number 17 (Wednesday, January 26, 2011)]
[Notices]
[Pages 4745-4747]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-1586]
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Financial Crimes Enforcement Network
Proposed Collection; Comment Request; Bank Secrecy Act
Designation of Exempt Person Report Proposed Data Fields
AGENCY: Financial Crimes Enforcement Network (``FinCEN''), Treasury.
ACTION: Notice and request for comments.
-----------------------------------------------------------------------
SUMMARY: FinCEN is continuing the design of a new Bank Secrecy Act
(BSA) database (the Database) and invites comment on the list of
proposed data fields within the Database that will support the filing
of a Designation of Exempt Person (DOEP) Report by financial
institutions required to file such reports under the BSA. This notice
does not propose any new regulatory requirements or changes to the
requirements related to designation of exempt person reporting, but
rather seeks input on technical matters as we transition from a system
originally designed for collecting paper forms to a modernized IT
environment for electronic reporting. The list of proposed data fields
for the ``Designation of Exempt Person (DOEP)'' appears at the end of
this notice. The proposed data fields reflect the filing requirement
for all filers of DOEPs under the BSA. The DOEP will be an e-filed
dynamic and interactive report used by all BSA filing institutions to
report exemptions to the Department of the Treasury. This request for
comments covers 31 CFR 103.22(d). 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, 2011.
ADDRESSES: Written comments should be submitted to: Regulatory Policy
and Programs Division, Financial Crimes Enforcement Network, Department
of the Treasury, P.O. Box 39, Vienna, Virginia 22183, Attention: PRA
Comments--BSA-DOEP Database. DOEP 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: BSA-DOEP Database.''
Inspection of comments. Comments may be inspected, between 10 a.m.
and 4 p.m., in the FinCEN reading room in Vienna, VA. Persons wishing
to inspect the comments submitted must request an appointment with the
Disclosure Officer by telephoning (703) 905-5034 (Not a toll free
call).
FOR FURTHER INFORMATION CONTACT: The FinCEN Regulatory Helpline at 800-
949-2732, select option 7.
SUPPLEMENTARY INFORMATION:
Title: BSA Designation of Exempt Persons Report by Depository
Financial Institutions, (See 31 CFR 103.22(d).
OMB Number: 1506-0012.
Form Number: FinCEN Form 110.
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. 5311-5332, 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\
[[Page 4746]]
Regulations implementing Title II of the Bank Secrecy Act appear at 31
CFR Part 103. The authority of the Secretary to administer the Bank
Secrecy Act has been delegated to the Director of FinCEN.
---------------------------------------------------------------------------
\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 Act of 2001 (the ``USA PATRIOT
Act''), Public Law 107-56.
---------------------------------------------------------------------------
The Secretary of the Treasury was granted authority in 1992, with
the enactment of 31 U.S.C. 5313, to permit financial institutions to
exempt certain persons from the requirement to file currency
transaction reports.
The information collected on the ``report'' is required to be
provided pursuant to 31 U.S.C. 5313, as implemented by FinCEN
regulations found at 31 CFR 103.22(d). The information collected under
this requirement is made available to appropriate agencies and
organizations as disclosed in FinCEN's Privacy Act System of Records
Notice relating to BSA Reports.\2\
---------------------------------------------------------------------------
\2\ Treasury Department bureaus such as FinCEN renew their
System of Records Notices every three years unless there is cause to
amend them more frequently. FinCEN's System of Records Notice for
the BSA Report System was most recently published at 73 FR 42405,
42410 (July 21, 2008).
---------------------------------------------------------------------------
Current Action: FinCEN is in the process of designing the Database
to accept modernized electronic BSA reporting. The Database will accept
XML based dynamic, state-of-the-Art, reports. Batch and computer-to-
computer filing processes will remain unchanged although the file
format will change to match the Database. Discrete filings will be
based on Adobe LiveCycle Designer ES dynamic forms. All filings
(discrete, batch, and computed-to-computer) will be accessed through
the BSA E-Filing system \3\ using current registration and log in
procedures. During log-in to the discrete filing option, filers will be
prompted through a series of questions \4\ (See BSA-DOEP Comprehensive
Summary of Proposed Data Fields, Part I and Part III, at the end of
this notice) thereby providing the discrete filer with a dynamic report
tailored for the filer's specific institution. Batch and computer-to-
computer filers will file reports based on an electronic file
specification that will be finalized after reviewing public comments
received in response to this notice.
---------------------------------------------------------------------------
\3\ BSA E-Filing is a free service provided by FinCEN. More
information on the filing methods may be accessed at https://bsaefiling.fincen.treas.gov/main.html.
\4\ A series of predetermined questions will be used to
establish the type of institution and filing in much the same manner
as used in widely accepted income tax filing software.
---------------------------------------------------------------------------
Dynamic forms are documents with a hierarchical structure that can
be converted into XML. This structure can include structure from XML
Schema and example XML files. Dynamic forms can be saved as PDF files
or XDP files. XDP files are used by the Adobe LiveCycle Form Server to
render files to PDF or HTML as needed. The report for the Database will
be designed to be both dynamic (changing layout in response to data
propagated from other sources), and interactive (capable of accepting
user input). Currently, e-filed discrete forms are based on Designer
8.2.1. The dynamic features of these PDF forms can be manipulated by
the Adobe Form Server during the rendering process, or by the Adobe
Acrobat/Acrobat Reader \5\ client during viewing. Dynamic forms allow
JavaScript to be embedded thereby enabling programmatic changes to the
form layout as well as communication with various data sources (SOAP,
OLEDB). Besides JavaScript, Adobe dynamic forms includes a proprietary
scripting language called FormCalc, designed to be a simple language
for users familiar with spreadsheet calculations.
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\5\ Adobe Acrobat Reader is free and can be download from the
Adobe Web site https://www.adobe.com/reader.
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The filing of the dynamic report will begin with the filer
identifying the type of filing \6\ followed by answering several
questions about the filer's institution, the institution's RSSD/EIN,
and address.\7\ Responses to these questions will enable or ``auto
populate'' certain data elements of the report with information
obtained from third party data sources, completing most of the filing
institution's identifying information. The institution will then
complete specific information on the exempt person.
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\6\ See item 1 of the BSA-DOEP Comprehensive Summary of Proposed
Data Fields at the end of this notice.
\7\ See Part III of the BSA-DOEP Comprehensive Summary of
Proposed Data Fields at the end of this notice.
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General Review of the BSA-DOEP Comprehensive Summary of Proposed Data
Fields \8\
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\8\ The complete list of proposed data fields appears at the end
of this notice.
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Note: The following general comments apply to all filings:
Discrete, batch, and computer-to-computer. Critical fields are marked
with an asterisk (*) and must be completed.
All filing institutions will complete Part I ``Filing
Information'' for each report.
All filing institutions will complete Part II, ``Exempt
Person Information'' for each exemption.
All filing institutions must complete a Part III. Note
that Part III items cover the filer and may include, if appropriate,
any affiliated institutions. Filers are only required to complete those
items that pertain to the report being made that apply to their
institution.
A Part IV ``Signature'' is required for all reports.
Type of Review: Initial review of the proposed data elements of the
Database in support of the electronic filing of a dynamic BSA-DOEP.
Affected public: Business or other for-profit and not-for-profit
financial institutions.
Frequency: As required.
Estimated Reporting Burden: Average of 60 minutes per report and 15
minutes recordkeeping per filing. (The reporting burden of the
regulations 31 CFR 103.22(d) is reflected in the burden for the form.).
Estimated Recordkeeping and Reporting Burden for 31 CFR 103.22(d):
75 minutes.
Estimated Number of Respondents = 27,262.
Estimated Total Annual Responses = 31,000.\9\
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\9\ Numbers are based on actual 2009 filings as reported to the
IRS Enterprise Computing Center-Detroit (EEC-D) as of 12/31 2009.
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Estimated Total Annual Reporting and Recordkeeping Burden: 38,750
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 OMB 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 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.
[[Page 4747]]
Dated: January 18, 2011.
James H. Freis, Jr.,
Director, Financial Crimes Enforcement Network.
DOEP--Comprehensive Summary of Proposed Data Fields--11-05-10
Part I Filing Information
* 1. Indicate the type of filing by checking a, b, c (check only
one):
a. Initial designation
b. Exemption amended
c. Exemption revoked
d. Prior report DCN (electronic view only)
* 2. Effective date of the exemption
Part II Exempt Person Information
* 3. Individual's last name or entity's Legal name of the exempt
person
a. (check) if entity
4. First name
5. Middle initial (middle name for electronic filers)
Suffix (electronic view only)
6. Alternate name, e.g. AKA--individual or Doing business as (DBA)--
entity
7. Occupation or type of business
a. NAICS Code
* 8. Address
* 9. City
* 10. State
State should be derived through third party data as enhanced
data if not provided and ZIP/Postal Code is provided. (Country must
be United States for DEP)
* 11. ZIP Code
ZIP + 4 should be derived through third party data as enhanced
data if not provided or verified through third party data if
provided.
New Data Elements for GEO Coding--Derived through third party
data as enhanced data will be identified for the financial
institution and any branches provided.
New Data Element of County--Derived through third party data as
enhanced data.
Derive data element of Country = USA.
New Data Element of HIFCA code--Derived through third party data
as enhanced data will be identified for the financial institution
and any branches provided.
New Data Element of HIDTA code--Derived through third party data
as enhanced data will be identified for the financial institution
and any branches provided.
* 12. TIN (enter number in space provided and check appropriate type
below)
* 13. TIN type
a. SSN
b. EIN
14. E-mail address (if available)
15. Phone number (if available)
15a. Extension (if any)
16. Type of exempt person, check box a, b, c, or d (check only one)
a. Listed company
b. Listed company subsidiary
c. Eligible non-listed business
d. Payroll customer
Part III Filer Information
* 17. Name of bank
* 18. EIN
19. RSSD
* 20. Address
* 21. City
* 22. State
State should be derived through third party data as enhanced
data if not provided and Country is U.S., Mexico or Canada and ZIP/
Postal Code is provided.
* 23. ZIP Code
ZIP + 4 should be derived through third party data as enhanced
data if not provided or verified through third party data if
provided.
New Data Elements for GEO Coding--Derived through third party
data as enhanced data will be identified for the financial
institution and any branches provided.
New Data Element of County--Derived through third party data as
enhanced data.
Derive data element of Country = USA.
New Data Element of HIFCA code--Derived through third party data
as enhanced data will be identified for the financial institution
and any branches provided.
New Data Element of HIDTA code--Derived through third party data
as enhanced data will be identified for the financial institution
and any branches provided.
24. Designated office e-mail address
* 25. Indicate the bank's primary federal regulator by checking a,
b, c, d, e, or f (check only one)
a. OCC
b. FDIC
c. FRB
d. OTS
e. NCUA
f. FinCEN (including where IRS or another FinCEN delegate
examines for compliance)
26. (Check) If this designation is also being made for one or more
affiliated banks
Part IV Signature
27. Print name
28. Title
29. Signature
30. Phone number--(include area code)
30a. Extension
31. Date of signature
[FR Doc. 2011-1586 Filed 1-25-11; 8:45 am]
BILLING CODE 4810-02-P