Agency Information Collection Activities; Proposed Information Collection; Comment Request; Bank Secrecy Act/Money Laundering Risk Assessment, 70544-70545 [2012-28618]
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70544
Federal Register / Vol. 77, No. 227 / Monday, November 26, 2012 / Notices
DEPARTMENT OF THE TREASURY
Office of the Comptroller of the
Currency
Agency Information Collection
Activities; Proposed Information
Collection; Comment Request; Bank
Secrecy Act/Money Laundering Risk
Assessment
Office of the Comptroller of the
Currency (OCC), Treasury.
ACTION: Notice and request for comment.
AGENCY:
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.
Under the Paperwork Reduction Act
of 1995 (44 U.S.C. chapter 35)(PRA),
Federal agencies are required to publish
notice in the Federal Register
concerning each proposed collection of
information, including each proposed
extension of an existing collection of
information, and to allow 60 days for
public comment in response to the
notice.
In accordance with the requirements
of the PRA, the OCC may not conduct
or sponsor, and the respondent is not
required to respond to, an information
collection unless it displays a currently
valid Office of Management and Budget
(OMB) control number.
The OCC is soliciting comment
concerning its information collection
entitled, ‘‘Bank Secrecy Act/Money
Laundering Risk Assessment,’’ also
known as the Money Laundering Risk
(MLR) System.
DATES: Comments must be submitted by
January 25, 2013.
ADDRESSES: Communications Division,
Office of the Comptroller of the
Currency, Mailstop 2–3, Attention:
1557–0231, 250 E Street SW.,
Washington, DC 20219. In addition,
comments may be sent by fax to (202)
874–5274, or by electronic mail to
regs.comments@occ.treas.gov. You may
personally inspect and photocopy
comments at the OCC, 250 E Street SW.,
Washington, DC. For security reasons,
the OCC requires that visitors make an
appointment to inspect comments. You
may do so by calling (202) 874–4700.
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.
FOR FURTHER INFORMATION CONTACT: You
can request additional information or a
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
16:24 Nov 23, 2012
Jkt 229001
copy of the information collection from
Mary H. Gottlieb or Johnny Vilela, OCC
Clearance Officers, (202) 874–5090,
Legislative and Regulatory Activities
Division, Office of the Comptroller of
the Currency, 250 E Street SW.,
Washington, DC 20219.
SUPPLEMENTARY INFORMATION: Under the
PRA, Federal agencies must obtain
approval from the Office of Management
and Budget (OMB) for each collection of
information they conduct or sponsor.
‘‘Collection of information’’ is defined
in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) to include agency requests or
requirements that members of the public
submit reports, keep records, or provide
information to a third party. Section
3506(c)(2)(A) of the PRA requires
Federal agencies to provide a 60-day
notice in the Federal Register
concerning each proposed collection of
information, including each proposed
extension of an existing collection of
information, before submitting the
collection to OMB for approval. To
comply with this requirement, the OCC
is publishing notice of the proposed
collection of information set forth in
this document.
Bank Secrecy Act/Money Laundering
Risk Assessment (OMB Control Number
1557–0231)—Extension
The MLR System enhances the ability
of examiners and bank management to
identify and evaluate Bank Secrecy Act/
Money Laundering and Office of
Foreign Asset Control (OFAC) sanctions
risks associated with banks’ products,
services, customers, and locations. As
new products and services are
introduced, existing products and
services change, and banks expand
through mergers and acquisitions,
management’s evaluation of potentially
new money laundering and terrorist
financing risks must evolve as well.
Consequently, the MLR risk assessment
is an important tool for the OCC’s Bank
Secrecy Act/Anti-Money Laundering/
OFAC supervision activities because it
allows the agency to better identify
those institutions, and areas within
institutions, that pose heightened risk
and allocate examination resources
accordingly. This risk assessment is
critical in protecting financial
institutions of all sizes from potential
abuse from money laundering or
terrorist financing. Absent an
appropriate risk assessment, applicable
controls cannot be effectively
implemented for these lines of business,
products, or entities, which would
elevate Bank Secrecy Act/Money
Laundering and OFAC compliance
risks.
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Fmt 4703
Sfmt 4703
The OCC is considering expanding
this reporting requirement to include
OCC’s Midsize and Large Bank
populations and, therefore, is seeking
OMB approval to include these
populations in its information
collection.
The OCC recently updated the annual
Risk Summary Form. The changes in the
2012 form enhance the assessment
process by requiring the reporting of
products, services, and customers
(PSCs) related to prepaid access or
prepaid cards, a growth industry that is
receiving increased attention from
regulators, law enforcement, and
Congress. The form now requires the
reporting of the following prepaid card
PSCs: (i) Prepaid Cards (Reloadable and
Non-Reloadable); (ii) Prepaid Card
Programs—Third-Party Sponsored
(Reloadable and Non-Reloadable); (iii)
Prepaid Card Programs—BankSponsored (Reloadable and NonReloadable); (iv) Prepaid Cardholders
(Reloadable and Non-Reloadable); and
(v) Prepaid Card Program Managers. In
addition, the Money Services Business
(MSB) section of the form was modified
to reflect changes in regulatory
definitions. The form now includes
MSB customers that are Providers of
Prepaid Access and Sellers of Prepaid
Access. All of these changes were made
within the existing subject headers.
The OCC estimates the burden of this
collection of information as follows:
Burden Estimates
Community Bank population
Estimated Number of Respondents:
1,792.
Estimated Number of Responses:
1,792.
Frequency of Response: Annually.
Estimated Annual Burden: 10,752
hours.
Midsize Bank population
Estimated Number of Respondents:
62.
Estimated Number of Responses: 62.
Frequency of Response: Annually.
Estimated Annual Burden: 1,860
hours.
Large Bank population
Estimated Number of Respondents:
99.
Estimated Number of Responses: 99.
Frequency of Response: Annually.
Estimated Annual Burden: 9,900
hours.
With respect to the following
collection of information, the OCC
invites comments on these topics:
(a) Whether the collection of
information is necessary for the proper
E:\FR\FM\26NON1.SGM
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Federal Register / Vol. 77, No. 227 / Monday, November 26, 2012 / Notices
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.
All comments will become a matter of
public record. Written comments should
address the accuracy of the burden
estimates and ways to minimize burden
including the use of automated
collection techniques or the use of other
forms of information technology as well
as other relevant aspects of the
information collection request.
Dated: November 14, 2012.
Michele Meyer,
Assistant Director, Legislative and Regulatory
Activities Division.
[FR Doc. 2012–28618 Filed 11–23–12; 8:45 am]
BILLING CODE 4810–33–P
DEPARTMENT OF THE TREASURY
Financial Crimes Enforcement Network
Proposed Collection; Comment
Request; Renewal Without Change of
the FinCEN Form 8300
Financial Crimes Enforcement
Network (FinCEN), Treasury.
ACTION: Notice and request for
comments.
AGENCY:
The Department of the
Treasury, 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 proposed
and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995,
Public Law 104–13 (44 U.S.C.
3506(c)(2)(A)). Currently, the Financial
Crimes Enforcement Network (FinCEN)
is soliciting comments concerning Form
8300, Report of Cash Payments Over
$10,000 Received in a Trade or
Business.
DATES: Written comments should be
received on or before January 25, 2013
to be assured of consideration.
ADDRESSES: Direct all written comments
to the Regulatory Policy and Programs
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SUMMARY:
VerDate Mar<15>2010
16:24 Nov 23, 2012
Jkt 229001
Division, Financial Crimes Enforcement
Network, Department of the Treasury,
P.O. Box 39, Vienna, Virginia 22183.
Attention: PRA Comments—Form 8300.
Comments also may be submitted by
electronic mail to the following Internet
address: regcomments@fincen.gov with
the caption in the body of the text,
‘‘Attention: PRA Comments—Form
8300.’’
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:
Requests for additional information or
copies of the form and instructions
should be directed to the Regulatory
Policy and Programs Division
Regulatory Helpline, (800) 949–2732
and select option 6. A copy of the form
may be obtained through the Internet at
www.fincen.gov/forms.
SUPPLEMENTARY INFORMATION:
Title: Report of Cash Payments Over
$10,000 Received in a Trade or
Business.
OMB Number: 1506–0018.
Form Number: 8300.
Abstract: 31 CFR 1010.331 requires
any person in a trade or business who,
in the course of the trade or business,
receives more than $10,000 in cash or
foreign currency in one or more related
transactions to report it to FinCEN and
provide a statement to the payer. Form
8300 is used for this purpose.
Section 365 of the USA PATRIOT Act
of 2001 (Pub. L. 107–56), adding new
section 5331 to Title 31 of the United
States Code, authorized FinCEN to
collect the information reported on
Form 8300. FinCEN makes the Forms
8300 available to law enforcement
through its Bank Secrecy Act
information sharing agreements.
Current Actions: There are no changes
being made to the form at this time.
Type of Review: Extension of a
currently approved collection.
Affected Public: Businesses or other
for-profit organizations, farms, and the
Federal government.
Frequency: As required.
Estimated Number of Respondents:
46,800.
Estimated Time per Respondent: 45
minutes.
Estimated Total Annual Burden
Hours: 35,100.1
1 The burden for the information collection in 31
CFR 1010.330, (also approved under control
number 1506–0018), relating to the Form 8300, is
reflected in the burden of the form and includes
reporting and recordkeeping.
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Frm 00134
Fmt 4703
Sfmt 4703
70545
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 Office of Management
and Budget (OMB) control number. In
accordance with 31 CFR 1010.330(e)(3),
a person required to make a report
under this section must keep a copy of
each report filed for five years from the
date of filing.
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.
Dated: November 16, 2012.
Jennifer Shasky Calvery,
Director, Financial Crimes Enforcement
Network.
[FR Doc. 2012–28518 Filed 11–23–12; 8:45 am]
BILLING CODE 4810–02–P
DEPARTMENT OF THE TREASURY
Financial Crimes Enforcement
Network; Proposed Collection;
Comment Request; Renewal without
Change of the FinCEN Suspicious
Activity Reports Currently Approved
Electronic Data Fields
Financial Crimes Enforcement
Network (‘‘FinCEN’’), Treasury.
ACTION: Notice and request for
comments.
AGENCY:
FinCEN is proposing to renew
without change the OMB-approved list
of current data fields within the
database that are required to support the
FinCEN Suspicious Activity Report
(‘‘SAR’’) filings by financial institutions
required to file such reports under the
Bank Secrecy Act (‘‘BSA’’). This notice
does not propose any new regulatory
SUMMARY:
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Agencies
[Federal Register Volume 77, Number 227 (Monday, November 26, 2012)]
[Notices]
[Pages 70544-70545]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-28618]
[[Page 70544]]
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DEPARTMENT OF THE TREASURY
Office of the Comptroller of the Currency
Agency Information Collection Activities; Proposed Information
Collection; Comment Request; Bank Secrecy Act/Money Laundering Risk
Assessment
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.
Under the Paperwork Reduction Act of 1995 (44 U.S.C. chapter
35)(PRA), Federal agencies are required to publish notice in the
Federal Register concerning each proposed collection of information,
including each proposed extension of an existing collection of
information, and to allow 60 days for public comment in response to the
notice.
In accordance with the requirements of the PRA, the OCC may not
conduct or sponsor, and the respondent is not required to respond to,
an information collection unless it displays a currently valid Office
of Management and Budget (OMB) control number.
The OCC is soliciting comment concerning its information collection
entitled, ``Bank Secrecy Act/Money Laundering Risk Assessment,'' also
known as the Money Laundering Risk (MLR) System.
DATES: Comments must be submitted by January 25, 2013.
ADDRESSES: Communications Division, Office of the Comptroller of the
Currency, Mailstop 2-3, Attention: 1557-0231, 250 E Street SW.,
Washington, DC 20219. In addition, comments may be sent by fax to (202)
874-5274, or by electronic mail to regs.comments@occ.treas.gov. You may
personally inspect and photocopy comments at the OCC, 250 E Street SW.,
Washington, DC. For security reasons, the OCC requires that visitors
make an appointment to inspect comments. You may do so by calling (202)
874-4700. 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.
FOR FURTHER INFORMATION CONTACT: You can request additional information
or a copy of the information collection from Mary H. Gottlieb or Johnny
Vilela, OCC Clearance Officers, (202) 874-5090, Legislative and
Regulatory Activities Division, Office of the Comptroller of the
Currency, 250 E Street SW., Washington, DC 20219.
SUPPLEMENTARY INFORMATION: Under the PRA, Federal agencies must obtain
approval from the Office of Management and Budget (OMB) for each
collection of information they conduct or sponsor. ``Collection of
information'' is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) to
include agency requests or requirements that members of the public
submit reports, keep records, or provide information to a third party.
Section 3506(c)(2)(A) of the PRA requires Federal agencies to provide a
60-day notice in the Federal Register concerning each proposed
collection of information, including each proposed extension of an
existing collection of information, before submitting the collection to
OMB for approval. To comply with this requirement, the OCC is
publishing notice of the proposed collection of information set forth
in this document.
Bank Secrecy Act/Money Laundering Risk Assessment (OMB Control Number
1557-0231)--Extension
The MLR System enhances the ability of examiners and bank
management to identify and evaluate Bank Secrecy Act/Money Laundering
and Office of Foreign Asset Control (OFAC) sanctions risks associated
with banks' products, services, customers, and locations. As new
products and services are introduced, existing products and services
change, and banks expand through mergers and acquisitions, management's
evaluation of potentially new money laundering and terrorist financing
risks must evolve as well. Consequently, the MLR risk assessment is an
important tool for the OCC's Bank Secrecy Act/Anti-Money Laundering/
OFAC supervision activities because it allows the agency to better
identify those institutions, and areas within institutions, that pose
heightened risk and allocate examination resources accordingly. This
risk assessment is critical in protecting financial institutions of all
sizes from potential abuse from money laundering or terrorist
financing. Absent an appropriate risk assessment, applicable controls
cannot be effectively implemented for these lines of business,
products, or entities, which would elevate Bank Secrecy Act/Money
Laundering and OFAC compliance risks.
The OCC is considering expanding this reporting requirement to
include OCC's Midsize and Large Bank populations and, therefore, is
seeking OMB approval to include these populations in its information
collection.
The OCC recently updated the annual Risk Summary Form. The changes
in the 2012 form enhance the assessment process by requiring the
reporting of products, services, and customers (PSCs) related to
prepaid access or prepaid cards, a growth industry that is receiving
increased attention from regulators, law enforcement, and Congress. The
form now requires the reporting of the following prepaid card PSCs: (i)
Prepaid Cards (Reloadable and Non-Reloadable); (ii) Prepaid Card
Programs--Third-Party Sponsored (Reloadable and Non-Reloadable); (iii)
Prepaid Card Programs--Bank-Sponsored (Reloadable and Non-Reloadable);
(iv) Prepaid Cardholders (Reloadable and Non-Reloadable); and (v)
Prepaid Card Program Managers. In addition, the Money Services Business
(MSB) section of the form was modified to reflect changes in regulatory
definitions. The form now includes MSB customers that are Providers of
Prepaid Access and Sellers of Prepaid Access. All of these changes were
made within the existing subject headers.
The OCC estimates the burden of this collection of information as
follows:
Burden Estimates
Community Bank population
Estimated Number of Respondents: 1,792.
Estimated Number of Responses: 1,792.
Frequency of Response: Annually.
Estimated Annual Burden: 10,752 hours.
Midsize Bank population
Estimated Number of Respondents: 62.
Estimated Number of Responses: 62.
Frequency of Response: Annually.
Estimated Annual Burden: 1,860 hours.
Large Bank population
Estimated Number of Respondents: 99.
Estimated Number of Responses: 99.
Frequency of Response: Annually.
Estimated Annual Burden: 9,900 hours.
With respect to the following collection of information, the OCC
invites comments on these topics:
(a) Whether the collection of information is necessary for the
proper
[[Page 70545]]
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.
All comments will become a matter of public record. Written
comments should address the accuracy of the burden estimates and ways
to minimize burden including the use of automated collection techniques
or the use of other forms of information technology as well as other
relevant aspects of the information collection request.
Dated: November 14, 2012.
Michele Meyer,
Assistant Director, Legislative and Regulatory Activities Division.
[FR Doc. 2012-28618 Filed 11-23-12; 8:45 am]
BILLING CODE 4810-33-P