Agency Information Collection Activities; Renewal of a Currently Approved Collection; and Comment Request for Reports of Suspicious Activity, 981-985 [2013-00043]
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Federal Register / Vol. 78, No. 4 / Monday, January 7, 2013 / Notices
By Order of the Maritime Administrator.
Dated: December 18, 2012.
Julie P. Agarwal,
Secretary, Maritime Administration.
[FR Doc. 2012–30932 Filed 1–4–13; 8:45 am]
BILLING CODE 4910–81–P
DEPARTMENT OF THE TREASURY
Office of the Comptroller of the
Currency
Agency Information Collection
Activities; Renewal of a Currently
Approved Collection; and Comment
Request for Reports of Suspicious
Activity
Office of the Comptroller of the
Currency (OCC).
ACTION: Notice and request for
comments.
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 information collections, as
required by the Paperwork Reduction
Act of 1995, Public Law 104–13 (44
U.S.C. 3506(c)(2)(A)). The OCC is
soliciting comments concerning the
currently approved Minimum Security
Devices and Procedures, Reports of
Suspicious Activities, and Bank Secrecy
Act Compliance Program information
collection. The Minimum Security
Devices and Procedures and Bank
Secrecy Act Compliance Program
portion of the information collection is
being extended without change. The
OCC is proposing to extend, with
revision, the interagency suspicious
activity report (SAR–DI) portion of the
collection and is inviting comments on
this revision.
As the Bank Secrecy Act (BSA)
administrator, the Financial Crimes
Enforcement Network (FinCEN) in the
U.S. Department of Treasury is changing
from a system originally designed for
collecting industry-specific paper forms
to a modernized information technology
environment centered on electronic
reporting. Based on financial institution
type, depository institutions, brokerdealers in securities, futures
commission merchants and introducing
brokers in commodities, insurance
companies, mutual funds, money
services businesses, and casinos file
reports on four separate forms. FinCEN’s
new approach is to have one
electronically filed interactive BSA SAR
that will be used by all filing
institutions to report suspicious activity
as of April 1, 2013.
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SUMMARY:
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There are no proposed changes to the
suspicious activity report regulation.
National banks and federal savings
associations supervised by the OCC will
continue to follow the regulation,
interagency guidance, and filing
instructions to determine when a report
should be filed and what information
should be included in the report.
The interactive BSA SAR has several
new data fields and introduces data
fields from the SARs of other industries.
On March 29, 2012, FinCEN released
guidance titled, ‘‘Filing FinCEN’s New
Currency Transaction Report and
Suspicious Activity Report’’ (FIN–2012–
G002). The guidance notes that FinCEN
is making available additional and more
specific data elements (that is,
characterizations of suspicious activity
and types of financial services) as a
more efficient way to bring information
about suspicious activity to the
attention of FinCEN and law
enforcement. The guidance clarified the
addition of new and expanded data
elements does not create an expectation
that financial institutions will revise
internal programs, or develop new
programs, to capture information that
reflects the expanded data elements.
Data elements designated as ‘‘critical
fields (questions for which an answer
must be provided) in the BSA SAR are
identified by the asterisk preceding the
data element number.
DATES: Written comments should be
received on or before April 8, 2013.
ADDRESSES: Interested parties are
invited to submit written comments to
the OCC. All comments should refer to
the Office of Management and Budget
(OMB) control numbers. Direct all
written comments as follows:
Communications Division, Office of
the Comptroller of the Currency, Public
Information Room, Mailstop 6W–11,
Attention: 1557–0180, Washington, DC
20219. In addition, comments may be
sent by electronic mail to
regs.comments@occ.treas.gov. You may
personally inspect and photocopy
comments at the OCC’s Public
Information Room, 400 7th 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) 649–6700.
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,
1557–0180, by mail to U.S. Office of
Management and Budget, 725 17th
Street NW., #10235, Washington, DC
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981
20503, or by email to
oira_submission@omb.eop.gov.
You
can request additional information or a
copy of the collection from Johnny
Vilela or Mary H. Gottlieb, OCC
Clearance Officers, (202) 649–7265 or
(202) 649–6301, Office of the
Comptroller of the Currency,
Washington, DC 20219.
SUPPLEMENTARY INFORMATION:
The OCC is soliciting comments
concerning the currently approved
collections covered under the
information collection titled ‘‘Minimum
Security Devices and Procedures,
Reports of Suspicious Activities, and
Bank Secrecy Act Compliance.’’ The
Minimum Security Devices and
Procedures and Bank Secrecy Act
Compliance Program information
collection is being extended without
change. The OCC is proposing to
extend, with revision, the suspicious
activity report (SAR–DI) portion of the
collection and is inviting comments on
the interactive BSA SAR that will be
used to report suspicious activity as of
April 1, 2013.
Title: Minimum Security Devices and
Procedures, Reports of Suspicious
Activities, and Bank Secrecy Act
Compliance program.
OMB Control No.: 1557–0180.
Form Numbers: 8010–1/8010–9.
Abstract: In 1985, the bank
supervisory agencies (Agencies),1 issued
procedures to be used by banks and
certain other financial institutions
operating in the United States to report
known or suspected criminal activities
to the appropriate law enforcement and
banking supervisory agencies.
Beginning in 1994, the Agencies and
FinCEN redesigned the reporting
process and developed the suspicious
activity report, which became effective
in April 1996. The report is authorized
by the following regulations: 31 CFR
103.18 (FinCEN); 12 CFR 21.11 and 12
CFR 163.180 (OCC); 12 CFR 208.62(c),
211.5(k), 211.24(f), and 225.4(f) (Board);
12 CFR 353.3 (FDIC); 12 CFR 748.1
(NCUA). The regulations were issued
under the authority contained in the
following statutes: 31 U.S.C. 5318(g)
(FinCEN); 12 U.S.C. 93a, 1463, 1464,
1818, 1881–84, 3401–22, 31 U.S.C. 5318
(OCC); 12 U.S.C. 248(a)(1), 625, 1818,
1844(c), 3105(c)(2) and 3106(a) (Board);
12 U.S.C1818–1820 (FDIC); 12 U.S.C.
1766(a), 1789(a) (NCUA).
Prior to the suspicious activity report
effective date of April 1996, the OCC,
FOR FURTHER INFORMATION CONTACT:
1 The Comptroller of the Currency, the Board of
Governors of the Federal Reserve System, the
Federal Deposit Insurance Corporation, and the
National Credit Union Administration.
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the other agencies, and FinCEN each
issued new and nearly identical rules
mandating the use of the interagency
SAR–DI for reporting suspicious
activities. In separate actions, FinCEN
also enacted regulations requiring other
types of financial institutions, such as
brokers or dealers in securities and
futures, money services businesses
(money transmitters, issuers and sellers
of money orders and travelers’ checks,
check cashers, and dealers in foreign
exchange), casinos and card clubs, and
insurance companies to file reports on
suspicious activities.
In January 2003, check boxes were
added to Part III of the SAR–DI to note
terrorist financing and identity theft as
suspicious activities and the safe harbor
language in the instructions was
updated to reflect changes made by the
Uniting and Strengthening America by
Providing Appropriate Tools Required
to Intercept and Obstruct Terrorism
(USA PATRIOT) Act of 2001. In 2006,
the SAR–DI form was revised to support
a new joint filing initiative aimed at
reducing the total number of duplicate
reports filed for a single suspicious
transaction. On May 1, 2007, FinCEN
published a Federal Register notice (72
FR 23891) 2 announcing the delayed
implementation of these revisions,
which ultimately were never
implemented.
On October 15, 2010, FinCEN issued
a 60-day notice titled ‘‘Proposed
Collection; Comment Request; Bank
Secrecy Act Suspicious Activity Report
Database Proposed Data Fields.’’ The
notice sought input on technical matters
as FinCEN transitions from a system
originally designed for collecting paper
forms to a modernized information
technology environment for electronic
reporting. Thereafter, a notice was
issued on May 6, 2011 by the Treasury
Department’s Office of Information
Management advising the public of a
new collection by FinCEN and stating
that FinCEN was submitting the BSA
SAR comments to OMB for review. The
notice stated, ‘‘FinCEN is fielding a new
system of record to support the
collection and dissemination of BSA
data to law enforcement and other
regulatory agencies. The BSA SAR is a
new dynamic information collection
tool that will serve as the principle [sic]
collection instrument to be used by
financial institutions to record and
report suspicious activity.’’ On July 15,
2011, FinCEN received final approval of
the BSA–SAR 3 from the Office of
2 https://www.fincen.gov/statutes_regs/frn/pdf/
sar_fr_notice.pdf
3 https://www.reginfo.gov/public/do/
PRAViewICR?ref_nbr=201104-1506-002.
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Management and Budget, which
concluded FinCEN’s October 15, 2010,
request for comment.
On May 11, 2012, the OCC published
a final Federal Register notice (77 FR
27858) announcing the extension for
three years, without revision, of the
‘‘Reports of Suspicious Activities’’ data
collection. OCC renewal was necessary
because the current SAR–DI form is
expiring and will continue to be
accepted by FinCEN until March 31,
2013. The OCC is now seeking industry
comment on the interactive BSA SAR
that will be used to report suspicious
activity as of April 1, 2013. Comments
will be summarized and/or included in
the request for Office of Management
and Budget approval.
Proposed Revisions
The revised BSA SAR would integrate
four institution-specific SARs into one
universal data collection. The previous
five parts of the SAR–DI remain with
changes to their titles and placement in
order of completion.
The proposed BSA–SAR is described
below by form part. Fields from other
industry SARs that may be new to
depository institutions as well as
specific data fields that are new to all
types of industry filers have been
identified. In the description provided
below, questions for which answers
must be provided (referred to as
‘‘critical fields’’) are identified with the
* symbol in front of the data element
number.
Type of Filing
Field 1 is the Type of Filing and
requires the filer to designate the
category that best describes the filing
from a set of choices:
*1. Check all that apply—a. Initial
report; b. Correct/amend prior report;
c. Continuing activity report; d. Joint
report; e. Prior report document
control/file number if 1b or 1c are
checked.
On the current SAR–DI there is only
one choice in data field 1 for those
reports that corrected a prior report.
Part I: Subject Information
Part I is titled ‘‘Subject Information’’
and it requires the filer to provide
information for each subject involved in
the suspicious activity. Subject
Information is titled ‘‘Suspect
Information’’ on the current SAR–DI. As
with the current SAR–DI, multiple
subjects may be included in Part I.
Each of the critical fields (*) in this
part has a new check box that may be
used if the information is unknown. If
that box is checked, the filer would not
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need to enter any information in that
field.
In Part I, with the exception of the
check box to indicate if the requested
information is unknown, these data
fields remain the same, with no
additions or changes from the SAR–DI:
*3. Individual’s last name or entity’s
legal name—a. (check if) unknown
*4. First name—a. (check if) unknown
5. Middle initial (middle name for
electronic filers)
7. Occupation or type of business
*8. Address—a. (check if) unknown
*9. City—a. (check if) unknown
*10. State—a. (check if) unknown
*11. ZIP/Postal Code—a. (check if)
unknown
*12. Country Code—a. (check if)
unknown
*13. TIN—a. (check if) unknown
*16. Date of birth mm/dd/yyyy—a.
(check if) unknown
Listed below are the remaining data
fields in Part I that would be considered
new data fields or data fields that would
be modified.
2. Check—a. If entity; b. If all critical (*)
subject information is unavailable (If
2b is checked this part may be left
blank)
5a. Gender—b. (Check if) Male; c.
(Check if) Female; d. (Check if)
Unknown
6. Alternate name, e.g. AKA for an
Individual or DBA for an Entity
7a. NAICS Code (North American
Industry Classification system code
that corresponds to 7)
14. TIN type (* if 13 is completed)—a.
EIN; b. SSN–ITIN; c. Foreign
*15. Form of identification for subject—
a. (check if) unknown (or not
obtained); b. (check if) Driver’s
license/state ID; c. (check if) Passport;
d. (check if) Alien registration; e.
Number; f. Issuing state; g. Issuing
country; z. (check if) Other
17. Phone number type—a. (check if)
Home; b. (check if) Work; c. (check if)
Mobile; d. (check if) Fax
18. Phone number—a. Extension (if any)
19. Email address (if available)
19 a.Web site (URL) address (if
available)
20. Corroborative statement to filer?—a.
(check if) Yes; b. (check if) No (This
was Admission/Confession on the
SAR–DI)
21. Relationship of the subject to the
filing institution (check all that
apply)—a. Institution TIN; b.
Accountant; c. Agent; d. Appraiser; e.
Attorney; f. Borrower; g. Customer; h.
Director; i. Employee; j. No
relationship to institution; k. Officer;
l. Owner or Controlling Shareholder;
z. Other
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organization; z. Other (specify type of
22. If item 21h, 21i, 21j, or 21k is
suspicious activity in space provided)
checked, indicate status of
31. Fraud (Type)—a. ACH; b. Business
relationship—a. (check if)
loan; c. Check; d. Consumer loan; e.
Relationship continues; b. (check if)
Credit/Debit card; f. Healthcare; g.
Terminated; c. (check if) Suspended/
Mail; h. Mass-marketing; i. Pyramid
barred; d. (check if) Resigned
scheme; j. Wire; z. Other (specify type
23. Action date if 22 b, c, or d is checked
*24. Financial Institution EIN and
of suspicious activity in space
account number(s) affected that are
provided)
related to subject, if any—a. (check if) 32. Casinos—a. Inquiry about end of
business day; b. Minimal gaming with
No known account involved; b. (check
large transactions; c. Suspicious intraif) Non-US Financial Institution; c.
casino funds transfers; d. Suspicious
TIN; d. Account number; e. (check if)
use of counter checks or markers; z.
Closed;
25. Subject’s role in suspicious activity
Other (specify type of suspicious
(if applicable); a. (check if) Purchaser/
activity in space provided)
33. Money laundering—a. Exchanges
Sender; b. (check if) Payee/Receiver;
small bills for large bills or vice versa;
c. (check if) Both a and b
b. Suspicion concerning the physical
Part II—Suspicious Activity
condition of funds; c. Suspicion
Information
concerning the source of funds; d.
Part II, ‘‘Suspicious Activity
Suspicious designation of
Information,’’ would require the filer to
beneficiaries, assignees or joint
describe the suspicious activity that
owners; e. Suspicious EFT/wire
occurred.
transfers; f. Suspicious exchange of
Part II items would cover all filer
currencies; g. Suspicious receipt of
institution types so all filers would see
government payments/benefits; h.
field options that may not pertain to
Suspicious use of multiple accounts;
their report (such as casino activities).
i. Suspicious use of noncash monetary
Filers would only be required to
instruments; j. Suspicious use of
complete those items that apply to their
third-party transactors (straw-man); k.
institution and pertain to the report
Trade Based Money Laundering/Black
being filed.
Market Peso Exchange; l. Transaction
In Part II, with the exception of the
out of pattern for customer(s); z. Other
‘‘unknown check box’’ these data fields
(specify type of suspicious activity in
would remain the same as the current
space provided)
SAR–DI:
34. Identification/Documentation—a.
Changes spelling or arrangement of
*27. Date or date range of suspicious
name; b. Multiple individuals with
activity for this report—a. From: mm/
same or similar identities; c. Provided
dd/yyyy; b. To: mm/dd/yyyy
questionable or false documentation;
The remaining data fields in this Part,
d. Refused or avoided request for
specifically the characterizations of
documentation; e. Single individual
suspicious activity, would be modified
with multiple identities; z. Other
and expanded when compared to the
35. Other suspicious activities—a.
current SAR–DI. There are now 10
Account takeover; b. Bribery or
general categories and each category
gratuity; c. Counterfeit instruments; d.
would be further broken down to
Elder financial exploitation; e.
specific types of suspicious activity.
Embezzlement/theft/disappearance of
*26. Amount involved in this report—
funds; f. Forgeries; g. Identity theft; h.
a. (check if) Amount unknown; b.
Little or no concern for product
(check if) No amount involved.
performance penalties, fees, or tax
28. Cumulative amount only if box 1c
consequences; i. Misuse of ‘‘free
(continuing activity report) is checked
look’’/cooling off/right of rescission; j.
29. Structuring—a. Alters transaction to
Misuse of position or self-dealing; k.
avoid BSA recordkeeping
Suspected public/private corruption
requirement; b. Alters transactions to
(domestic); l. Suspected public/
avoid CTR requirement; c. Customer
private corruption (foreign); m.
cancels transaction to avoid BSA
suspicious use of informal value
reporting and recordkeeping
transfer system; n. Suspicious use of
requirements; d. Multiple transactions
multiple transaction locations; o.
below BSA recordkeeping threshold;
Transaction with no apparent
e. Multiple transactions below CTR
economic, business, or lawful
threshold; f. Suspicious inquiry by
purpose; p. Two or more individuals
customer regarding BSA reporting or
working together; q. Unauthorized
recordkeeping requirements; z. Other
electronic intrusion; r. Unlicensed or
(specify type of suspicious activity in
unregistered MSB; z. Other (specify
space provided)
type of suspicious activity in space
30. Terrorist Financing—a. Known or
provided)
suspected terrorist/terrorist
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36. Insurance—a. Excessive insurance;
b. Excessive or unusual cash
borrowing against policy/annuity; c.
Proceeds sent to or received unrelated
third party; d. Suspicious life
settlement sales insurance (e.g.
STOLI’s, Viaticals); e. Suspicious
termination of policy or contract; f.
Unclear or no insurable interest; z.
Other (specify type of suspicious
activity in space provided)
37. Securities/Futures/Options—a.
Insider trading; b. Market
manipulation/wash trading; c.
Misappropriation; d. Unauthorized
pooling; z. Other (specify type of
suspicious activity in space provided)
38. Mortgage fraud—a. Appraisal fraud;
b. Foreclosure fraud; c. Loan
modification fraud; d. Reverse
mortgage fraud; z. Other
39. Were any of the following
instrument/product type(s) involved
in the suspicious activity? Check all
that apply: a. Bonds/Notes; b.
Commercial mortgage; c. Commercial
paper; d. Credit card; e. Debit card; f.
Forex transactions; g. Futures/Options
on futures; h. Hedge fund; i. Home
equity loan; j. Home equity line of
credit; k. Insurance/Annuity products;
l. Mutual fund; m. Options on
securities; n. Penny stocks/Microcap
securities; o. Prepaid access; p.
Residential mortgage; q. Security
futures products; r. Stocks; s. Swap,
hybrid or other derivative; z. Other
(specify type in space provided)
40. Were any of the following
instrument type(s)/payment
mechanism(s) involved in the
suspicious activity? Check all that
apply—a. Bank/Cashier’s check; b.
Foreign currency; c. Funds transfer; d.
Gaming instruments; e. Government
payment; f. Money orders; g.
Personal/Business check; h. Travelers
check; i. U.S. Currency; z. Other
(specify type in space provided)
41. Commodity type (if applicable)
42. Product/Instrument description (if
needed)
43. Market where traded (list of codes
will be provided—dropdown menu
for electronic filers)
44. IP Address (if available) (multiple
entries allowed for electronic filers)
45. CUSIP number (multiple entries
allowed for electronic filers)
46. CUSIP number (multiple entries
allowed for electronic filers)
Part III—Information About Financial
Institution Where Activity Occurred
Part III information would be about
the financial institution(s) where the
suspicious activity occurred. A separate
Part III record would be completed on
each financial institution involved in
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the suspicious activity. The data fields
in Part III would be modified and
expanded when compared to the current
SAR–DI.
*47. Type of financial institution (check
only one)—a. Casino/Card club; b.
Depository institution; c. Insurance
company; d. MSB; e. Securities/
Futures; z. Other (specify type of
institution in space provided)
*48. Primary Federal Regulator—A =
Commodities Futures Trading
Commission (CFTC); B = Federal
Reserve Board (FRB); C = Federal
Deposit Insurance Corporation (FDIC);
D = Internal Revenue Service (IRS); E
= National Credit Union
Administration (NCUA); F = Office of
the Comptroller of the Currency
(OCC); G = Securities and Exchange
Commission (SEC); Z = Not
Applicable
49. If item 47a is checked indicate type
(Check only one)—a. State licensed
casino; b. Tribal authorized casino; c.
Card club; d. Other (specify)
50. If item 47e is checked, indicate type
of Securities and Futures institution
or individual where activity
occurred—check box(es) for functions
that apply to this report—a. Clearing
broker-securities; b. Futures
Commission Merchant; c. Holding
company; d. Introducing brokercommodities; e. Introducing brokersecurities; f. Investment Advisor; g.
Investment company; h. Retail foreign
exchange dealer; i. Subsidiary of
financial/bank holding company; z.
Other (specify type of institution or
individual in space provided)
51. Financial institution identification
number (Check one box to indicate
type)—a. (check if) CRD number; b.
(check if) IARD number; c. (check if)
NFA number; d. (check if) RSSD
number; e. (check if) SEC number; f.
Identification number
52. Financial institution’s role in
transaction (if applicable)—a. (check
if) Selling location; b. (check if)
Paying location; (check if) Both a & b
*53. Legal name of financial
institution—a. (check if) unknown
54. Alternate name, e.g., AKA—
individual or trade name, DBA—
entity
*55. TIN—a. (check if) unknown
56. TIN type (* if 55 is completed)—a.
EIN; b. SSN–ITIN; c. Foreign
*57. Address—a. (check if) unknown
*58. City—a. (check if) unknown
59. State
*60 ZIP/Postal Code—a. (check if)
unknown
*61. Country
62. Internal control/file number
63. Loss to financial institution (if
applicable)
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64. Branch’s role in transaction (if
applicable)—a. (check if) Selling
location; b. (check if) Paying location;
c. (check if) Both a and b
*65. Address of branch or office where
activity occurred—a. (if no branch
activity involved, check box a)
66. RSSD number (of the branch)
67. City
68. State
69. ZIP/Postal Code
70. Country (2 letter code—list
provided)
Part IV—Filing Institution Contact
Information
Part IV information would be about
the lead financial institution or holding
company that is filing the BSA SAR.
There would be only one Part IV record
for each filing. Part IV would take fields
previously contained in Part I, Part III,
and Part IV on the SAR–DI as well as
added new fields.
*78. Primary Federal Regulator—A =
Commodities Futures Trading
Commission (CFTC); B = Federal
Reserve Board (FRB); C = Federal
Deposit Insurance Corporation (FDIC);
D = Internal Revenue Service (IRS); E
= National Credit Union
Administration (NCUA); F = Office of
the Comptroller of the Currency
(OCC); G = Securities and Exchange
Commission (SEC); Z = Not
Applicable
*79. Filer name (Holding company, lead
financial institution)
*80. TIN
*81. TIN type—a. EIN; b. SSN/ITIN; c.
Foreign
*82. Type of financial institution (check
only one)—a. Casino/Card club; b.
Depository institution; c. Insurance
company; d. MSB; e. Securities/
Futures; z. Other (specify type of
institution in space provided)
83. Type of Securities and Futures
institution or individual filing this
report-check box(es) for function(s)
that apply to this report—a. Clearing
broker—securities; b. CPO/CTA; c.
Futures Commission Merchant; d.
Holding company; e. Introducing
broker—commodities; f. Introducing
broker—securities; g. Investment
Adviser; h. Investment company; i.
Retail foreign exchange dealer; j. SRO
Futures; k. SRO Securities; l.
Subsidiary of financial/bank holding
company; z. Other (specify type of
institution or individual in space
provided)
84. Filing institution identification
number (Check one box to indicate
type)—a. (check if) CRD number; b.
(check if) IARD number; c. (check if)
NFA number; d. (check if) RSSD
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number; e. (check if) SEC number; f.
Identification number
*85. Address
*86. City
87. State
*88. ZIP/Postal Code
*89. Country
90. Alternate name, e.g., AKA—
individual or trade name, DBA—
entity
91. Internal control/file number
92. LE contact agency
93. LE contact name
94. LE contact phone number—a.
Extension (if any)
95. LE contact date
*96. Designated contact office
*97. Designated contact office phone
number including area code—a.
Extension (if any)
*98. Date filed
Part V—Suspicious Activity
Information Explanation/Description
Part V would require the filer to
provide a chronological and complete
narrative account of the activity,
including what is unusual, irregular, or
suspicious about the activity. In the
BSA–SAR this part would be a text file
that is limited to 17,000 characters
(approximately six pages). Institutions
may, but are not required to, attach an
MS Excel-compatible file (no larger than
1 MB) providing details in tabular form
of transactions subject to the suspicious
activity discussed in the text file.
Type of Review: Regular.
Affected Public: Business, for-profit
institutions, and non-profit institutions.
Estimated Number of Respondents:
2,021.
Estimated Total Annual Responses:
424,410.
Estimated Burden per Response: 2.5
hours (includes 1.5 hours burden per
response and one hour recordkeeping).
Estimated Total Annual Burden:
1,061,025 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 Office of Management
and Budget control number. Records
required to be retained under the Bank
Secrecy Act and these regulations
issued by the Banking Supervisory
Agencies must be retained for five years.
Generally, information collected
pursuant to the Bank Secrecy Act is
confidential, but may be shared as
provided by law with regulatory and
law enforcement authorities.
Comments submitted in response to
this notice will be summarized and/or
included in the request for Office of
Management and Budget approval. All
comments will become a matter of
public record. Comments are invited on:
E:\FR\FM\07JAN1.SGM
07JAN1
Federal Register / Vol. 78, No. 4 / Monday, January 7, 2013 / Notices
wreier-aviles on DSK7SPTVN1PROD with
(a) Whether the collection of
information is necessary for the proper
performance of the functions of the
OCC, including whether the information
shall have practical utility;
(b) The accuracy of the OCC’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,
VerDate Mar<15>2010
15:16 Jan 04, 2013
Jkt 229001
maintenance, and purchase of services
to provide information.
Dated: January 2, 2013.
Michele Meyer,
Assistant Director, Legislative and Regulatory
Activities Division.
[FR Doc. 2013–00043 Filed 1–4–13; 8:45 am]
BILLING CODE 4810–33–P
DEPARTMENT OF THE TREASURY
Bureau of the Public Debt
Submission for OMB Review;
Comment Request
ACTION:
Notice; correction.
The Department of the
Treasury published a document in the
SUMMARY:
PO 00000
Frm 00058
Fmt 4703
Sfmt 9990
985
Federal Register on January 2, 2013,
inviting the general public and other
Federal agencies to comment on
continuing information collections to
reduce paperwork and respondent
burden. This document contained
incorrect references.
Correction: In the Federal Register of
January 2, 2013, in FR Doc. 2012–31534,
make the following corrections:
• Page 149, in the second column,
replace OMB Number: ‘‘1535–0089’’
with OMB Number: ‘‘1535–0114’’.
Dated: January 2, 2013.
Bruce A. Sharp,
Bureau Clearance Officer.
[FR Doc. 2013–00005 Filed 1–4–13; 8:45 am]
BILLING CODE 4810–39–P
E:\FR\FM\07JAN1.SGM
07JAN1
Agencies
[Federal Register Volume 78, Number 4 (Monday, January 7, 2013)]
[Notices]
[Pages 981-985]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00043]
=======================================================================
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DEPARTMENT OF THE TREASURY
Office of the Comptroller of the Currency
Agency Information Collection Activities; Renewal of a Currently
Approved Collection; and Comment Request for Reports of Suspicious
Activity
AGENCY: Office of the Comptroller of the Currency (OCC).
ACTION: Notice and request for comments.
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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 information
collections, as required by the Paperwork Reduction Act of 1995, Public
Law 104-13 (44 U.S.C. 3506(c)(2)(A)). The OCC is soliciting comments
concerning the currently approved Minimum Security Devices and
Procedures, Reports of Suspicious Activities, and Bank Secrecy Act
Compliance Program information collection. The Minimum Security Devices
and Procedures and Bank Secrecy Act Compliance Program portion of the
information collection is being extended without change. The OCC is
proposing to extend, with revision, the interagency suspicious activity
report (SAR-DI) portion of the collection and is inviting comments on
this revision.
As the Bank Secrecy Act (BSA) administrator, the Financial Crimes
Enforcement Network (FinCEN) in the U.S. Department of Treasury is
changing from a system originally designed for collecting industry-
specific paper forms to a modernized information technology environment
centered on electronic reporting. Based on financial institution type,
depository institutions, broker-dealers in securities, futures
commission merchants and introducing brokers in commodities, insurance
companies, mutual funds, money services businesses, and casinos file
reports on four separate forms. FinCEN's new approach is to have one
electronically filed interactive BSA SAR that will be used by all
filing institutions to report suspicious activity as of April 1, 2013.
There are no proposed changes to the suspicious activity report
regulation. National banks and federal savings associations supervised
by the OCC will continue to follow the regulation, interagency
guidance, and filing instructions to determine when a report should be
filed and what information should be included in the report.
The interactive BSA SAR has several new data fields and introduces
data fields from the SARs of other industries. On March 29, 2012,
FinCEN released guidance titled, ``Filing FinCEN's New Currency
Transaction Report and Suspicious Activity Report'' (FIN-2012-G002).
The guidance notes that FinCEN is making available additional and more
specific data elements (that is, characterizations of suspicious
activity and types of financial services) as a more efficient way to
bring information about suspicious activity to the attention of FinCEN
and law enforcement. The guidance clarified the addition of new and
expanded data elements does not create an expectation that financial
institutions will revise internal programs, or develop new programs, to
capture information that reflects the expanded data elements. Data
elements designated as ``critical fields (questions for which an answer
must be provided) in the BSA SAR are identified by the asterisk
preceding the data element number.
DATES: Written comments should be received on or before April 8, 2013.
ADDRESSES: Interested parties are invited to submit written comments to
the OCC. All comments should refer to the Office of Management and
Budget (OMB) control numbers. Direct all written comments as follows:
Communications Division, Office of the Comptroller of the Currency,
Public Information Room, Mailstop 6W-11, Attention: 1557-0180,
Washington, DC 20219. In addition, comments may be sent by electronic
mail to regs.comments@occ.treas.gov. You may personally inspect and
photocopy comments at the OCC's Public Information Room, 400 7th 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) 649-6700. 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, 1557-0180, by mail to U.S. Office of Management and Budget,
725 17th Street NW., 10235, Washington, DC 20503, or by email
to oira_submission@omb.eop.gov.
FOR FURTHER INFORMATION CONTACT: You can request additional information
or a copy of the collection from Johnny Vilela or Mary H. Gottlieb, OCC
Clearance Officers, (202) 649-7265 or (202) 649-6301, Office of the
Comptroller of the Currency, Washington, DC 20219.
SUPPLEMENTARY INFORMATION:
The OCC is soliciting comments concerning the currently approved
collections covered under the information collection titled ``Minimum
Security Devices and Procedures, Reports of Suspicious Activities, and
Bank Secrecy Act Compliance.'' The Minimum Security Devices and
Procedures and Bank Secrecy Act Compliance Program information
collection is being extended without change. The OCC is proposing to
extend, with revision, the suspicious activity report (SAR-DI) portion
of the collection and is inviting comments on the interactive BSA SAR
that will be used to report suspicious activity as of April 1, 2013.
Title: Minimum Security Devices and Procedures, Reports of
Suspicious Activities, and Bank Secrecy Act Compliance program.
OMB Control No.: 1557-0180.
Form Numbers: 8010-1/8010-9.
Abstract: In 1985, the bank supervisory agencies (Agencies),\1\
issued procedures to be used by banks and certain other financial
institutions operating in the United States to report known or
suspected criminal activities to the appropriate law enforcement and
banking supervisory agencies. Beginning in 1994, the Agencies and
FinCEN redesigned the reporting process and developed the suspicious
activity report, which became effective in April 1996. The report is
authorized by the following regulations: 31 CFR 103.18 (FinCEN); 12 CFR
21.11 and 12 CFR 163.180 (OCC); 12 CFR 208.62(c), 211.5(k), 211.24(f),
and 225.4(f) (Board); 12 CFR 353.3 (FDIC); 12 CFR 748.1 (NCUA). The
regulations were issued under the authority contained in the following
statutes: 31 U.S.C. 5318(g) (FinCEN); 12 U.S.C. 93a, 1463, 1464, 1818,
1881-84, 3401-22, 31 U.S.C. 5318 (OCC); 12 U.S.C. 248(a)(1), 625, 1818,
1844(c), 3105(c)(2) and 3106(a) (Board); 12 U.S.C1818-1820 (FDIC); 12
U.S.C. 1766(a), 1789(a) (NCUA).
---------------------------------------------------------------------------
\1\ The Comptroller of the Currency, the Board of Governors of
the Federal Reserve System, the Federal Deposit Insurance
Corporation, and the National Credit Union Administration.
---------------------------------------------------------------------------
Prior to the suspicious activity report effective date of April
1996, the OCC,
[[Page 982]]
the other agencies, and FinCEN each issued new and nearly identical
rules mandating the use of the interagency SAR-DI for reporting
suspicious activities. In separate actions, FinCEN also enacted
regulations requiring other types of financial institutions, such as
brokers or dealers in securities and futures, money services businesses
(money transmitters, issuers and sellers of money orders and travelers'
checks, check cashers, and dealers in foreign exchange), casinos and
card clubs, and insurance companies to file reports on suspicious
activities.
In January 2003, check boxes were added to Part III of the SAR-DI
to note terrorist financing and identity theft as suspicious activities
and the safe harbor language in the instructions was updated to reflect
changes made by the Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct Terrorism (USA
PATRIOT) Act of 2001. In 2006, the SAR-DI form was revised to support a
new joint filing initiative aimed at reducing the total number of
duplicate reports filed for a single suspicious transaction. On May 1,
2007, FinCEN published a Federal Register notice (72 FR 23891) \2\
announcing the delayed implementation of these revisions, which
ultimately were never implemented.
---------------------------------------------------------------------------
\2\ https://www.fincen.gov/statutes_regs/frn/pdf/sar_fr_notice.pdf
---------------------------------------------------------------------------
On October 15, 2010, FinCEN issued a 60-day notice titled
``Proposed Collection; Comment Request; Bank Secrecy Act Suspicious
Activity Report Database Proposed Data Fields.'' The notice sought
input on technical matters as FinCEN transitions from a system
originally designed for collecting paper forms to a modernized
information technology environment for electronic reporting.
Thereafter, a notice was issued on May 6, 2011 by the Treasury
Department's Office of Information Management advising the public of a
new collection by FinCEN and stating that FinCEN was submitting the BSA
SAR comments to OMB for review. The notice stated, ``FinCEN is fielding
a new system of record to support the collection and dissemination of
BSA data to law enforcement and other regulatory agencies. The BSA SAR
is a new dynamic information collection tool that will serve as the
principle [sic] collection instrument to be used by financial
institutions to record and report suspicious activity.'' On July 15,
2011, FinCEN received final approval of the BSA-SAR \3\ from the Office
of Management and Budget, which concluded FinCEN's October 15, 2010,
request for comment.
---------------------------------------------------------------------------
\3\ https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201104-1506-002.
---------------------------------------------------------------------------
On May 11, 2012, the OCC published a final Federal Register notice
(77 FR 27858) announcing the extension for three years, without
revision, of the ``Reports of Suspicious Activities'' data collection.
OCC renewal was necessary because the current SAR-DI form is expiring
and will continue to be accepted by FinCEN until March 31, 2013. The
OCC is now seeking industry comment on the interactive BSA SAR that
will be used to report suspicious activity as of April 1, 2013.
Comments will be summarized and/or included in the request for Office
of Management and Budget approval.
Proposed Revisions
The revised BSA SAR would integrate four institution-specific SARs
into one universal data collection. The previous five parts of the SAR-
DI remain with changes to their titles and placement in order of
completion.
The proposed BSA-SAR is described below by form part. Fields from
other industry SARs that may be new to depository institutions as well
as specific data fields that are new to all types of industry filers
have been identified. In the description provided below, questions for
which answers must be provided (referred to as ``critical fields'') are
identified with the * symbol in front of the data element number.
Type of Filing
Field 1 is the Type of Filing and requires the filer to designate
the category that best describes the filing from a set of choices:
*1. Check all that apply--a. Initial report; b. Correct/amend prior
report; c. Continuing activity report; d. Joint report; e. Prior report
document control/file number if 1b or 1c are checked.
On the current SAR-DI there is only one choice in data field 1 for
those reports that corrected a prior report.
Part I: Subject Information
Part I is titled ``Subject Information'' and it requires the filer
to provide information for each subject involved in the suspicious
activity. Subject Information is titled ``Suspect Information'' on the
current SAR-DI. As with the current SAR-DI, multiple subjects may be
included in Part I.
Each of the critical fields (*) in this part has a new check box
that may be used if the information is unknown. If that box is checked,
the filer would not need to enter any information in that field.
In Part I, with the exception of the check box to indicate if the
requested information is unknown, these data fields remain the same,
with no additions or changes from the SAR-DI:
*3. Individual's last name or entity's legal name--a. (check if)
unknown
*4. First name--a. (check if) unknown
5. Middle initial (middle name for electronic filers)
7. Occupation or type of business
*8. Address--a. (check if) unknown
*9. City--a. (check if) unknown
*10. State--a. (check if) unknown
*11. ZIP/Postal Code--a. (check if) unknown
*12. Country Code--a. (check if) unknown
*13. TIN--a. (check if) unknown
*16. Date of birth mm/dd/yyyy--a. (check if) unknown
Listed below are the remaining data fields in Part I that would be
considered new data fields or data fields that would be modified.
2. Check--a. If entity; b. If all critical (*) subject information is
unavailable (If 2b is checked this part may be left blank)
5a. Gender--b. (Check if) Male; c. (Check if) Female; d. (Check if)
Unknown
6. Alternate name, e.g. AKA for an Individual or DBA for an Entity
7a. NAICS Code (North American Industry Classification system code that
corresponds to 7)
14. TIN type (* if 13 is completed)--a. EIN; b. SSN-ITIN; c. Foreign
*15. Form of identification for subject--a. (check if) unknown (or not
obtained); b. (check if) Driver's license/state ID; c. (check if)
Passport; d. (check if) Alien registration; e. Number; f. Issuing
state; g. Issuing country; z. (check if) Other
17. Phone number type--a. (check if) Home; b. (check if) Work; c.
(check if) Mobile; d. (check if) Fax
18. Phone number--a. Extension (if any)
19. Email address (if available)
19 a.Web site (URL) address (if available)
20. Corroborative statement to filer?--a. (check if) Yes; b. (check if)
No (This was Admission/Confession on the SAR-DI)
21. Relationship of the subject to the filing institution (check all
that apply)--a. Institution TIN; b. Accountant; c. Agent; d. Appraiser;
e. Attorney; f. Borrower; g. Customer; h. Director; i. Employee; j. No
relationship to institution; k. Officer; l. Owner or Controlling
Shareholder; z. Other
[[Page 983]]
22. If item 21h, 21i, 21j, or 21k is checked, indicate status of
relationship--a. (check if) Relationship continues; b. (check if)
Terminated; c. (check if) Suspended/barred; d. (check if) Resigned
23. Action date if 22 b, c, or d is checked
*24. Financial Institution EIN and account number(s) affected that are
related to subject, if any--a. (check if) No known account involved; b.
(check if) Non-US Financial Institution; c. TIN; d. Account number; e.
(check if) Closed;
25. Subject's role in suspicious activity (if applicable); a. (check
if) Purchaser/Sender; b. (check if) Payee/Receiver; c. (check if) Both
a and b
Part II--Suspicious Activity Information
Part II, ``Suspicious Activity Information,'' would require the
filer to describe the suspicious activity that occurred.
Part II items would cover all filer institution types so all filers
would see field options that may not pertain to their report (such as
casino activities). Filers would only be required to complete those
items that apply to their institution and pertain to the report being
filed.
In Part II, with the exception of the ``unknown check box'' these
data fields would remain the same as the current SAR-DI:
*27. Date or date range of suspicious activity for this report--a.
From: mm/dd/yyyy; b. To: mm/dd/yyyy
The remaining data fields in this Part, specifically the
characterizations of suspicious activity, would be modified and
expanded when compared to the current SAR-DI. There are now 10 general
categories and each category would be further broken down to specific
types of suspicious activity.
*26. Amount involved in this report--a. (check if) Amount unknown; b.
(check if) No amount involved.
28. Cumulative amount only if box 1c (continuing activity report) is
checked
29. Structuring--a. Alters transaction to avoid BSA recordkeeping
requirement; b. Alters transactions to avoid CTR requirement; c.
Customer cancels transaction to avoid BSA reporting and recordkeeping
requirements; d. Multiple transactions below BSA recordkeeping
threshold; e. Multiple transactions below CTR threshold; f. Suspicious
inquiry by customer regarding BSA reporting or recordkeeping
requirements; z. Other (specify type of suspicious activity in space
provided)
30. Terrorist Financing--a. Known or suspected terrorist/terrorist
organization; z. Other (specify type of suspicious activity in space
provided)
31. Fraud (Type)--a. ACH; b. Business loan; c. Check; d. Consumer loan;
e. Credit/Debit card; f. Healthcare; g. Mail; h. Mass-marketing; i.
Pyramid scheme; j. Wire; z. Other (specify type of suspicious activity
in space provided)
32. Casinos--a. Inquiry about end of business day; b. Minimal gaming
with large transactions; c. Suspicious intra-casino funds transfers; d.
Suspicious use of counter checks or markers; z. Other (specify type of
suspicious activity in space provided)
33. Money laundering--a. Exchanges small bills for large bills or vice
versa; b. Suspicion concerning the physical condition of funds; c.
Suspicion concerning the source of funds; d. Suspicious designation of
beneficiaries, assignees or joint owners; e. Suspicious EFT/wire
transfers; f. Suspicious exchange of currencies; g. Suspicious receipt
of government payments/benefits; h. Suspicious use of multiple
accounts; i. Suspicious use of noncash monetary instruments; j.
Suspicious use of third-party transactors (straw-man); k. Trade Based
Money Laundering/Black Market Peso Exchange; l. Transaction out of
pattern for customer(s); z. Other (specify type of suspicious activity
in space provided)
34. Identification/Documentation--a. Changes spelling or arrangement of
name; b. Multiple individuals with same or similar identities; c.
Provided questionable or false documentation; d. Refused or avoided
request for documentation; e. Single individual with multiple
identities; z. Other
35. Other suspicious activities--a. Account takeover; b. Bribery or
gratuity; c. Counterfeit instruments; d. Elder financial exploitation;
e. Embezzlement/theft/disappearance of funds; f. Forgeries; g. Identity
theft; h. Little or no concern for product performance penalties, fees,
or tax consequences; i. Misuse of ``free look''/cooling off/right of
rescission; j. Misuse of position or self-dealing; k. Suspected public/
private corruption (domestic); l. Suspected public/private corruption
(foreign); m. suspicious use of informal value transfer system; n.
Suspicious use of multiple transaction locations; o. Transaction with
no apparent economic, business, or lawful purpose; p. Two or more
individuals working together; q. Unauthorized electronic intrusion; r.
Unlicensed or unregistered MSB; z. Other (specify type of suspicious
activity in space provided)
36. Insurance--a. Excessive insurance; b. Excessive or unusual cash
borrowing against policy/annuity; c. Proceeds sent to or received
unrelated third party; d. Suspicious life settlement sales insurance
(e.g. STOLI's, Viaticals); e. Suspicious termination of policy or
contract; f. Unclear or no insurable interest; z. Other (specify type
of suspicious activity in space provided)
37. Securities/Futures/Options--a. Insider trading; b. Market
manipulation/wash trading; c. Misappropriation; d. Unauthorized
pooling; z. Other (specify type of suspicious activity in space
provided)
38. Mortgage fraud--a. Appraisal fraud; b. Foreclosure fraud; c. Loan
modification fraud; d. Reverse mortgage fraud; z. Other
39. Were any of the following instrument/product type(s) involved in
the suspicious activity? Check all that apply: a. Bonds/Notes; b.
Commercial mortgage; c. Commercial paper; d. Credit card; e. Debit
card; f. Forex transactions; g. Futures/Options on futures; h. Hedge
fund; i. Home equity loan; j. Home equity line of credit; k. Insurance/
Annuity products; l. Mutual fund; m. Options on securities; n. Penny
stocks/Microcap securities; o. Prepaid access; p. Residential mortgage;
q. Security futures products; r. Stocks; s. Swap, hybrid or other
derivative; z. Other (specify type in space provided)
40. Were any of the following instrument type(s)/payment mechanism(s)
involved in the suspicious activity? Check all that apply--a. Bank/
Cashier's check; b. Foreign currency; c. Funds transfer; d. Gaming
instruments; e. Government payment; f. Money orders; g. Personal/
Business check; h. Travelers check; i. U.S. Currency; z. Other (specify
type in space provided)
41. Commodity type (if applicable)
42. Product/Instrument description (if needed)
43. Market where traded (list of codes will be provided--dropdown menu
for electronic filers)
44. IP Address (if available) (multiple entries allowed for electronic
filers)
45. CUSIP number (multiple entries allowed for electronic filers)
46. CUSIP number (multiple entries allowed for electronic filers)
Part III--Information About Financial Institution Where Activity
Occurred
Part III information would be about the financial institution(s)
where the suspicious activity occurred. A separate Part III record
would be completed on each financial institution involved in
[[Page 984]]
the suspicious activity. The data fields in Part III would be modified
and expanded when compared to the current SAR-DI.
*47. Type of financial institution (check only one)--a. Casino/Card
club; b. Depository institution; c. Insurance company; d. MSB; e.
Securities/Futures; z. Other (specify type of institution in space
provided)
*48. Primary Federal Regulator--A = Commodities Futures Trading
Commission (CFTC); B = Federal Reserve Board (FRB); C = Federal Deposit
Insurance Corporation (FDIC); D = Internal Revenue Service (IRS); E =
National Credit Union Administration (NCUA); F = Office of the
Comptroller of the Currency (OCC); G = Securities and Exchange
Commission (SEC); Z = Not Applicable
49. If item 47a is checked indicate type (Check only one)--a. State
licensed casino; b. Tribal authorized casino; c. Card club; d. Other
(specify)
50. If item 47e is checked, indicate type of Securities and Futures
institution or individual where activity occurred--check box(es) for
functions that apply to this report--a. Clearing broker-securities; b.
Futures Commission Merchant; c. Holding company; d. Introducing broker-
commodities; e. Introducing broker-securities; f. Investment Advisor;
g. Investment company; h. Retail foreign exchange dealer; i. Subsidiary
of financial/bank holding company; z. Other (specify type of
institution or individual in space provided)
51. Financial institution identification number (Check one box to
indicate type)--a. (check if) CRD number; b. (check if) IARD number; c.
(check if) NFA number; d. (check if) RSSD number; e. (check if) SEC
number; f. Identification number
52. Financial institution's role in transaction (if applicable)--a.
(check if) Selling location; b. (check if) Paying location; (check if)
Both a & b
*53. Legal name of financial institution--a. (check if) unknown
54. Alternate name, e.g., AKA--individual or trade name, DBA--entity
*55. TIN--a. (check if) unknown
56. TIN type (* if 55 is completed)--a. EIN; b. SSN-ITIN; c. Foreign
*57. Address--a. (check if) unknown
*58. City--a. (check if) unknown
59. State
*60 ZIP/Postal Code--a. (check if) unknown
*61. Country
62. Internal control/file number
63. Loss to financial institution (if applicable)
64. Branch's role in transaction (if applicable)--a. (check if) Selling
location; b. (check if) Paying location; c. (check if) Both a and b
*65. Address of branch or office where activity occurred--a. (if no
branch activity involved, check box a)
66. RSSD number (of the branch)
67. City
68. State
69. ZIP/Postal Code
70. Country (2 letter code--list provided)
Part IV--Filing Institution Contact Information
Part IV information would be about the lead financial institution
or holding company that is filing the BSA SAR. There would be only one
Part IV record for each filing. Part IV would take fields previously
contained in Part I, Part III, and Part IV on the SAR-DI as well as
added new fields.
*78. Primary Federal Regulator--A = Commodities Futures Trading
Commission (CFTC); B = Federal Reserve Board (FRB); C = Federal Deposit
Insurance Corporation (FDIC); D = Internal Revenue Service (IRS); E =
National Credit Union Administration (NCUA); F = Office of the
Comptroller of the Currency (OCC); G = Securities and Exchange
Commission (SEC); Z = Not Applicable
*79. Filer name (Holding company, lead financial institution)
*80. TIN
*81. TIN type--a. EIN; b. SSN/ITIN; c. Foreign
*82. Type of financial institution (check only one)--a. Casino/Card
club; b. Depository institution; c. Insurance company; d. MSB; e.
Securities/Futures; z. Other (specify type of institution in space
provided)
83. Type of Securities and Futures institution or individual filing
this report-check box(es) for function(s) that apply to this report--a.
Clearing broker--securities; b. CPO/CTA; c. Futures Commission
Merchant; d. Holding company; e. Introducing broker--commodities; f.
Introducing broker--securities; g. Investment Adviser; h. Investment
company; i. Retail foreign exchange dealer; j. SRO Futures; k. SRO
Securities; l. Subsidiary of financial/bank holding company; z. Other
(specify type of institution or individual in space provided)
84. Filing institution identification number (Check one box to indicate
type)--a. (check if) CRD number; b. (check if) IARD number; c. (check
if) NFA number; d. (check if) RSSD number; e. (check if) SEC number; f.
Identification number
*85. Address
*86. City
87. State
*88. ZIP/Postal Code
*89. Country
90. Alternate name, e.g., AKA--individual or trade name, DBA--entity
91. Internal control/file number
92. LE contact agency
93. LE contact name
94. LE contact phone number--a. Extension (if any)
95. LE contact date
*96. Designated contact office
*97. Designated contact office phone number including area code--a.
Extension (if any)
*98. Date filed
Part V--Suspicious Activity Information Explanation/Description
Part V would require the filer to provide a chronological and
complete narrative account of the activity, including what is unusual,
irregular, or suspicious about the activity. In the BSA-SAR this part
would be a text file that is limited to 17,000 characters
(approximately six pages). Institutions may, but are not required to,
attach an MS Excel-compatible file (no larger than 1 MB) providing
details in tabular form of transactions subject to the suspicious
activity discussed in the text file.
Type of Review: Regular.
Affected Public: Business, for-profit institutions, and non-profit
institutions.
Estimated Number of Respondents: 2,021.
Estimated Total Annual Responses: 424,410.
Estimated Burden per Response: 2.5 hours (includes 1.5 hours burden
per response and one hour recordkeeping).
Estimated Total Annual Burden: 1,061,025 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 Office of Management and Budget control
number. Records required to be retained under the Bank Secrecy Act and
these regulations issued by the Banking Supervisory Agencies must be
retained for five years. Generally, information collected pursuant to
the Bank Secrecy Act is confidential, but may be shared as provided by
law with regulatory and law enforcement authorities.
Comments submitted in response to this notice will be summarized
and/or included in the request for Office of Management and Budget
approval. All comments will become a matter of public record. Comments
are invited on:
[[Page 985]]
(a) Whether the collection of information is necessary for the
proper performance of the functions of the OCC, including whether the
information shall have practical utility;
(b) The accuracy of the OCC'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: January 2, 2013.
Michele Meyer,
Assistant Director, Legislative and Regulatory Activities Division.
[FR Doc. 2013-00043 Filed 1-4-13; 8:45 am]
BILLING CODE 4810-33-P