Agency Information Collection Activities; Proposed Information Collection; Comment Request; Bank Secrecy Act/Money Laundering Risk Assessment, 70544-70545 [2012-28618]

Download as PDF 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. PO 00000 Frm 00133 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 26NON1 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 mstockstill on DSK4VPTVN1PROD with NOTICES 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. PO 00000 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: E:\FR\FM\26NON1.SGM 26NON1

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
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