Proposed Information Collection; Comment Request, 72763-72764 [2011-30310]

Download as PDF Federal Register / Vol. 76, No. 227 / Friday, November 25, 2011 / Notices wreier-aviles on DSK7SPTVN1PROD with NOTICES B. The Substance and Quality of Administration of the Bank Supervisory and Counter-Money Laundering Laws of That Jurisdiction Iran’s serious deficiencies with respect to anti-money laundering/ countering the financing of terrorism (‘‘AML/CFT’’) controls has long been highlighted by numerous international bodies and government agencies. Starting in October 2007, the FATF has issued a series of public statements expressing its concern that Iran’s lack of a comprehensive AML/CFT regime represents a significant vulnerability within the international financial system. The statements further called upon Iran to address those deficiencies with urgency, and called upon FATFmember countries to advise their institutions to conduct enhanced due diligence with respect to the risks associated with Iran’s deficiencies.108 The FATF has been particularly concerned with Iran’s failure to address the risk of terrorist financing, and starting in February 2009, the FATF called upon its members and urged all jurisdictions to apply effective countermeasures to protect their financial sectors from the terrorist financing risks emanating from Iran.109 In addition, the FATF advised jurisdictions to protect correspondent relationships from being used to bypass or evade countermeasures and risk mitigation practices, and to take into account money laundering and financing of terrorism risks when considering requests by Iranian financial institutions to open sanctions/Programs/Documents/ 20110331_advisory.pdf). 108 In response to concerns raised by these FATF and IMF reports, FinCEN issued an advisory on October 16, 2007 to financial institutions regarding the heightened risk of Iranian ‘‘money laundering, terrorist financing, and weapons of mass destruction proliferation financing.’’ The advisory further cautioned institutions that there may be an increased effort by Iranian entities to circumvent international sanctions and related financial community scrutiny through the use of deceptive practices. See ‘‘Guidance to Financial Institutions on the Increasing Money Laundering Threat Involving Illicit Iranian Activity,’’ FinCEN, October 16, 2007 (http://www.fincen.gov/statutes_regs/ guidance/pdf/ guidance_fi_increasing_mlt_iranian.pdf). The FATF simultaneously published guidance to assist countries with implementation of UNSCRs 1737 and 1747. See ‘‘Guidance Regarding the Implementation of Activity-Based Financial Prohibitions of United Nations Security Council Resolution 1737,’’ October 12, 2007 (http:// www.fatf-gafi.org/dataoecd/43/17/39494050.pdf) and ‘‘Guidance Regarding the Implementation of Financial Provisions of the United Nations Security Council Resolutions to Counter the Proliferation of Weapons of Mass Destruction,’’ September 5, 2007 (http://www.fatf-gafi.org/dataoecd/23/16/ 39318680.pdf). 109 See ‘‘FATF Statement on Iran,’’ The Financial Action Task Force, February 25, 2009 (http:// www.fatf-gafi.org/dataoecd/18/28/42242615.pdf). VerDate Mar<15>2010 14:31 Nov 23, 2011 Jkt 226001 branches and subsidiaries in their jurisdictions.110 The FATF also called on its members and other jurisdictions to advise their financial institutions to give special attention to business relationships and transactions with Iran, including Iranian companies and financial institutions.111 Over the past three years, the FATF has repeatedly reiterated these concerns and reaffirmed its call for FATF-member countries and all jurisdictions to implement countermeasures to protect the international financial system from the terrorist financing risk emanating from Iran. In response, numerous countries, including all G7 countries, have issued advisories to their financial institutions.112 The FATF’s most recent statement in October 2011 reiterated, with a renewed urgency, its concern regarding Iran’s failure to address the risk of terrorist financing and the serious threat this poses to the integrity to the international financial system.113 The FATF reaffirmed its February 2009 call to apply effective countermeasures to protect their financial sectors from ML/ FT risks emanating from Iran, and further called upon its members to consider the steps already taken and possible additional safeguards or strengthen existing ones.114 In addition, the FATF stated that, if Iran fails to take concrete steps to improve its AML/CFT regime, the FATF will consider calling on its members and urging all jurisdictions to strengthen countermeasures in February 2012.115 The numerous calls by FATF for Iran to urgently address its terrorist financing vulnerability, coupled with the extensive record of Iranian entities using the financial system to finance terrorism, proliferation activities, and 110 Id. 72763 other illicit activity,116 raises significant concern over the willingness or ability of Iran to establish adequate controls to counter terrorist financing. C. Whether the United States Has a Mutual Legal Assistance Treaty With That Jurisdiction, and the Experience of U.S. Law Enforcement Officials and Regulatory Officials in Obtaining Information About Transactions Originating in or Routed Through or to Such Jurisdiction Iran has not entered into any mutual legal assistance treaties. Additionally, U.S. law enforcement and regulatory officials have found Iran to be uncooperative regarding access to information about financial transactions. Accordingly, Iran remains a safe haven for those who would commit financial crimes against the United States. III. Finding Based on the foregoing factors, the Director of FinCEN hereby finds that the Islamic Republic of Iran is a jurisdiction of primary money laundering concern. Dated: November 18, 2011 James H. Freis, Jr., Director, Financial Crimes Enforcement Network. [FR Doc. 2011–30332 Filed 11–23–11; 8:45 am] BILLING CODE 4810–02–P DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency Proposed Information Collection; Comment Request Office of the Comptroller of the Currency (OCC), Treasury. ACTION: Notice and request for comment. AGENCY: 111 Id. 112 See ‘‘Circular 13/2008 (GW)—Statement of the FATF of 16 October 2008,’’ November 7, 2008 (http://www.bafin.de/cln_171/nn_721228/ SharedDocs/Veroeffentlichungen/EN/Service/ Circulars/rs__0813__gw.html?__nnn=true); ‘‘February 27, 2009 FINTRAC Advisory,’’ February 27, 2009 (http://www.fintrac-canafe.gc.ca/ publications/avs/2009–02–27-eng.asp); ‘‘HM Treasury warns businesses of serious threats posed to the international financial system,’’ March 11, 2009 (http://webarchive.nationalarchives.gov.uk/+/ http://www.hm-treasury.gov.uk/press_26_09.htm); ‘‘Letter from French Minister of Economy,’’ (http:// www2.economie.gouv.fr/directions_services/dgtpe/ sanctions/sanctionsiran.php); and ‘‘Bank of Italy Circular,’’ (http://www.dt.tesoro.it/it/prevenzione _reati_finanziari/). 113 See ‘‘FATF Public Statement,’’ The Financial Action Task Force, October 28, 2011 (http:// www.fatf-gafi.org/document/55/ 0,3746,en_32250379_32236992_48966519_1_ 1_1_1,00.html). 114 Id. 115 Id. PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 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 continuing information collection, as required by the Paperwork Reduction Act of 1995. Currently, the OCC is soliciting comment concerning its extension, without change, of an information collection titled, ‘‘Release of Non-Public Information—12 CFR 4, Subpart C.’’ DATES: You should submit written comments by January 24, 2012. SUMMARY: 116 ‘‘Update on the Continuing Illicit Finance Threat Emanating From Iran,’’ FinCEN, June 22, 2010 (http://www.fincen.gov/statutes_regs/ guidance/html/fin-2010-a008.html). E:\FR\FM\25NON1.SGM 25NON1 72764 Federal Register / Vol. 76, No. 227 / Friday, November 25, 2011 / Notices You should direct all written comments to: Communications Division, Office of the Comptroller of the Currency, Public Information Room, Mailstop 1–5, Attention: 1557–0200, 250 E Street, SW., Washington, DC 20219. In addition, comments may be sent by fax to (202) 874–4448, or by electronic mail to regs.comments@occ.treas.gov. You can inspect and photocopy the comments at the OCC’s Public Information Room, 250 E Street, SW., Washington, DC 20219. For security reasons, the OCC requires that visitors make an appointment to inspect comments. You may do so by calling (202) 874–5043. Upon arrival, visitors will be required to present valid government-issued photo identification and submit to security screening in order to inspect and photocopy comments. Additionally, you should send a copy of your comments to: OCC Desk Officer, 1557–0200, by mail to U.S. Office of Management and Budget, 725 17th Street, NW., #10235, Washington, DC 20503, or by fax to (202) 395–6974. FOR FURTHER INFORMATION CONTACT: You can request additional information or a copy of the collection from Ira L. Mills, OCC Clearance Officer, (202) 874–6055, Legislative and Regulatory Activities Division, Office of the Comptroller of the Currency, 250 E Street, SW., Washington, DC 20219. SUPPLEMENTARY INFORMATION: The OCC is proposing to extend OMB approval of the following information collection: Title: Release of Non-Public Information—12 CFR 4, Subpart C. OMB Number: 1557–0200. Form Number: None. Abstract: This submission covers an existing regulation and involves no change to the regulation or to the information collections embodied in the regulation. The OCC requests only that OMB renew its approval of the information collections in the current regulation. The information requirements require individuals who are requesting nonpublic OCC information to provide the OCC with information regarding the requester’s legal grounds for the request. The release of non-public OCC information to a requester who did not have sufficient legal grounds to obtain the information would inhibit open consultation between a bank and the OCC, thereby impairing the OCC’s supervisory and regulatory mission. The OCC is entitled, under statute and caselaw, to require requesters to demonstrate that they have sufficient legal grounds for the OCC to release wreier-aviles on DSK7SPTVN1PROD with NOTICES ADDRESSES: VerDate Mar<15>2010 14:31 Nov 23, 2011 Jkt 226001 non-public OCC information. The OCC needs to identify the requester’s legal grounds to determine if it should release the requested non-public OCC information. The information requirements in 12 CFR part 4, subpart C, are located as follows: • 12 CFR 4.33: Request for non-public OCC records or testimony. • 12 CFR 4.35(b)(3): Third parties requesting testimony. • 12 CFR 4.37(a)(2): OCC former employee notifying OCC of subpoena. • 12 CFR 4.37(a) and (b): Limitation on dissemination of released information. • 12 CFR 4.39(d): Request for authenticated records or certificate of nonexistence of records. The OCC uses the information to process requests for non-public OCC information and to determine if sufficient grounds exist for the OCC to release the requested information or provide testimony that would include a discussion of non-public information. This information collection facilitates the processing of requests and expedites the OCC’s release of non-public information and testimony to the requester, as appropriate. Type of Review: Extension, without change, of a currently approved collection. Affected Public: Businesses or other for-profit; individuals. Number of Respondents: 195. Total Annual Responses: 195. Frequency of Response: On occasion. Total Annual Burden: 592 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, maintenance, and purchase of services to provide information. PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 Dated: November 17, 2011. Michele Meyer, Assistant Director, Legislative & Regulatory Activities Division. [FR Doc. 2011–30310 Filed 11–23–11; 8:45 am] BILLING CODE 4810–33–P DEPARTMENT OF THE TREASURY Financial Crimes Enforcement Network Bank Secrecy Act Advisory Group; Solicitation of Application for Membership Financial Crimes Enforcement Network, Treasury. ACTION: Notice and request for nominations. AGENCY: FinCEN is inviting the public to nominate financial institutions and trade groups for membership on the Bank Secrecy Act Advisory Group. New members will be selected for three-year membership terms. DATES: Nominations must be received by December 27, 2011. ADDRESSES: Applications may be mailed (not sent by facsimile) to Regulatory Policy and Programs Division, Financial Crimes Enforcement Network, P.O. BOX 39, Vienna, VA 22183 or emailed to: BSAAG@fincen.gov. FOR FURTHER INFORMATION CONTACT: Clare Murphy, Regulatory Outreach Specialist at (202) 354–6400. SUPPLEMENTARY INFORMATION: The Annunzio-Wylie Anti-Money Laundering Act of 1992 required the Secretary of the Treasury to establish a Bank Secrecy Act Advisory Group (BSAAG) consisting of representatives from federal regulatory and law enforcement agencies, financial institutions, and trade groups with members subject to the requirements of the Bank Secrecy Act, 31 CFR 1000– 1099 et seq. or Section 6050I of the Internal Revenue Code of 1986. The BSAAG is the means by which the Secretary receives advice on the operations of the Bank Secrecy Act. As chair of the BSAAG, the Director of FinCEN is responsible for ensuring that relevant issues are placed before the BSAAG for review, analysis, and discussion. Ultimately, the BSAAG will make policy recommendations to the Secretary on issues considered. BSAAG membership is open to financial institutions and trade groups. New members will be selected to serve a three-year term and must designate one individual to represent that member at plenary meetings. In compliance with Executive Order 13490 of January 21, 2009, and White House policy, member SUMMARY: E:\FR\FM\25NON1.SGM 25NON1

Agencies

[Federal Register Volume 76, Number 227 (Friday, November 25, 2011)]
[Notices]
[Pages 72763-72764]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-30310]


-----------------------------------------------------------------------

DEPARTMENT OF THE TREASURY

Office of the Comptroller of the Currency


Proposed Information Collection; Comment Request

AGENCY: 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 continuing 
information collection, as required by the Paperwork Reduction Act of 
1995. Currently, the OCC is soliciting comment concerning its 
extension, without change, of an information collection titled, 
``Release of Non-Public Information--12 CFR 4, Subpart C.''

DATES: You should submit written comments by January 24, 2012.

[[Page 72764]]


ADDRESSES: You should direct all written comments to: Communications 
Division, Office of the Comptroller of the Currency, Public Information 
Room, Mailstop 1-5, Attention: 1557-0200, 250 E Street, SW., 
Washington, DC 20219. In addition, comments may be sent by fax to (202) 
874-4448, or by electronic mail to regs.comments@occ.treas.gov. You can 
inspect and photocopy the comments at the OCC's Public Information 
Room, 250 E Street, SW., Washington, DC 20219. For security reasons, 
the OCC requires that visitors make an appointment to inspect comments. 
You may do so by calling (202) 874-5043. Upon arrival, visitors will be 
required to present valid government-issued photo identification and 
submit to security screening in order to inspect and photocopy 
comments.
    Additionally, you should send a copy of your comments to: OCC Desk 
Officer, 1557-0200, by mail to U.S. Office of Management and Budget, 
725 17th Street, NW., 10235, Washington, DC 20503, or by fax 
to (202) 395-6974.

FOR FURTHER INFORMATION CONTACT: You can request additional information 
or a copy of the collection from Ira L. Mills, OCC Clearance Officer, 
(202) 874-6055, Legislative and Regulatory Activities Division, Office 
of the Comptroller of the Currency, 250 E Street, SW., Washington, DC 
20219.

SUPPLEMENTARY INFORMATION:
    The OCC is proposing to extend OMB approval of the following 
information collection:
    Title: Release of Non-Public Information--12 CFR 4, Subpart C.
    OMB Number: 1557-0200.
    Form Number: None.
    Abstract: This submission covers an existing regulation and 
involves no change to the regulation or to the information collections 
embodied in the regulation. The OCC requests only that OMB renew its 
approval of the information collections in the current regulation.
    The information requirements require individuals who are requesting 
non-public OCC information to provide the OCC with information 
regarding the requester's legal grounds for the request. The release of 
non-public OCC information to a requester who did not have sufficient 
legal grounds to obtain the information would inhibit open consultation 
between a bank and the OCC, thereby impairing the OCC's supervisory and 
regulatory mission. The OCC is entitled, under statute and caselaw, to 
require requesters to demonstrate that they have sufficient legal 
grounds for the OCC to release non-public OCC information. The OCC 
needs to identify the requester's legal grounds to determine if it 
should release the requested non-public OCC information.
    The information requirements in 12 CFR part 4, subpart C, are 
located as follows:
     12 CFR 4.33: Request for non-public OCC records or 
testimony.
     12 CFR 4.35(b)(3): Third parties requesting testimony.
     12 CFR 4.37(a)(2): OCC former employee notifying OCC of 
subpoena.
     12 CFR 4.37(a) and (b): Limitation on dissemination of 
released information.
     12 CFR 4.39(d): Request for authenticated records or 
certificate of nonexistence of records.
    The OCC uses the information to process requests for non-public OCC 
information and to determine if sufficient grounds exist for the OCC to 
release the requested information or provide testimony that would 
include a discussion of non-public information. This information 
collection facilitates the processing of requests and expedites the 
OCC's release of non-public information and testimony to the requester, 
as appropriate.
    Type of Review: Extension, without change, of a currently approved 
collection.
    Affected Public: Businesses or other for-profit; individuals.
    Number of Respondents: 195.
    Total Annual Responses: 195.
    Frequency of Response: On occasion.
    Total Annual Burden: 592 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, 
maintenance, and purchase of services to provide information.

    Dated: November 17, 2011.
Michele Meyer,
Assistant Director, Legislative & Regulatory Activities Division.
[FR Doc. 2011-30310 Filed 11-23-11; 8:45 am]
BILLING CODE 4810-33-P