Agency Information Collection Activities; Submission for OMB Review; Comment Request; Minimum Security Devices and Procedures, Reports of Suspicious Activities, and Bank Secrecy Act Compliance Program, 24805-24809 [2013-09865]
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Federal Register / Vol. 78, No. 81 / Friday, April 26, 2013 / Notices
(a) Whether the collection of
information is necessary for the proper
performance of the functions of the
OCC, including whether the information
has practical utility;
(b) The accuracy of the OCC’s
estimate of the information collection
burden;
(c) Ways to enhance the quality,
utility, and clarity of the information to
be collected;
(d) Ways to minimize the burden of
the collection on respondents, including
through the use of automated collection
techniques or other forms of information
technology; and
(e) Estimates of capital or start-up
costs and costs of operation,
maintenance, and purchase of services
to provide information.
Dated: April 19, 2013.
Michele Meyer,
Assistant Director, Legislative and Regulatory
Activities Division.
[FR Doc. 2013–09863 Filed 4–25–13; 8:45 am]
BILLING CODE 4810–33–P
DEPARTMENT OF THE TREASURY
Office of the Comptroller of the
Currency
Agency Information Collection
Activities; Submission for OMB
Review; Comment Request; Minimum
Security Devices and Procedures,
Reports of Suspicious Activities, and
Bank Secrecy Act Compliance
Program
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 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.
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 comments
concerning the currently approved
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SUMMARY:
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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.
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
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24805
identified by the asterisk preceding the
data element number.
The OCC is also announcing that the
proposed collection of information has
been submitted to OMB for review and
clearance under the Paperwork
Reduction Act of 1995.
DATES: Comments must be submitted by
May 28, 2013.
ADDRESSES: Because paper mail in the
Washington, DC area and at the OCC is
subject to delay, commenters are
encouraged to submit comments by
email if possible. Comments may be
sent to: Legislative and Regulatory
Activities Division, Office of the
Comptroller of the Currency, Attention:
1557–0180, 400 7th Street SW., Suite
3E–218, Mail Stop 9W–11, Washington,
DC 20219. In addition, comments may
be sent by fax to (571) 465–4326 or by
electronic mail to
regs.comments@occ.treas.gov. You may
personally inspect and photocopy
comments at the OCC, 400 7th Street
SW., Washington, DC 20219. For
security reasons, the OCC requires that
visitors make an appointment to inspect
comments. You may do so by calling
(202) 649–6700. Upon arrival, visitors
will be required to present valid
government-issued photo identification
and to submit to security screening in
order to inspect and photocopy
comments.
All comments received, including
attachments and other supporting
materials, are part of the public record
and subject to public disclosure. Do not
enclose any information in your
comment or supporting materials that
you consider confidential or
inappropriate for public disclosure.
Additionally, please send a copy of
your comments by mail to: OCC Desk
Officer, 1557–0231, U.S. Office of
Management and Budget, 725 17th
Street NW., #10235, Washington, DC
20503, or by email to: oira
submission@omb.eop.gov.
You
can request additional information from
or a copy of the collection from Johnny
Vilela or Mary H. Gottlieb, Clearance
Officers, (202) 649–5490, Legislative
and Regulatory Activities Division
(1557–0231), Office of the Comptroller
of the Currency, 400 7th Street SW.,
Suite 3E–218, Mail Stop 9W–11,
Washington, DC 20219.
SUPPLEMENTARY INFORMATION: In
compliance with 44 U.S.C. 3507, the
OCC has submitted the following
proposed collection of information to
OMB for review and clearance.
Title: Minimum Security Devices and
Procedures, Reports of Suspicious
FOR FURTHER INFORMATION CONTACT:
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Activities, and Bank Secrecy Act
Compliance program.
OMB Control No.: 1557–0180.
Form Numbers: 8010–1/8010–9.
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.C. 1818–1820 (FDIC); 12 U.S.C.
1766(a), 1789(a) (NCUA).
Prior to the suspicious activity report
effective date of April 1996, the OCC,
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
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.
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.
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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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
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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
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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).
19a. 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.
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.
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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
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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 intracasino 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).
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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
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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
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).
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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;
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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.
In the Federal Register of February 8,
2013 (78 FR 9452), the OCC published
a 60-day notice soliciting comments
concerning this information collection.
The OCC received no comments.
Type of Review: Regular.
Affected Public: Business, for-profit
institutions, and non-profit
Estimated Number of Respondents:
1,869.
E:\FR\FM\26APN1.SGM
26APN1
Federal Register / Vol. 78, No. 81 / Friday, April 26, 2013 / Notices
erowe on DSK2VPTVN1PROD with NOTICES
Estimated Total Annual Responses:
386,883.
Estimated Burden per Response: 2.5
hours (includes 1.5 hours burden per
response and one hour recordkeeping).
Estimated Total Annual Burden:
967,207.5 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 continue to be invited on:
(a) Whether the collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information has practical utility;
(b) The accuracy of the agency’s
estimate of the burden of the collection
of information;
(c) Ways to enhance the quality,
utility, and clarity of the information to
be collected;
(d) Ways to minimize the burden of
the collection on respondents, including
through the use of automated collection
techniques or other forms of information
technology; and
(e) Estimates of capital or start-up
costs and costs of operation,
maintenance, and purchase of services
to provide information.
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: April 19, 2013.
Michele Meyer,
Assistant Director, Legislative and Regulatory
Activities Division.
[FR Doc. 2013–09865 Filed 4–25–13; 8:45 am]
BILLING CODE 4810–33–P
VerDate Mar<15>2010
14:46 Apr 25, 2013
Jkt 229001
DEPARTMENT OF THE TREASURY
Office of the Comptroller of the
Currency
Agency Information Collection
Activities; Information Collection
Renewal; Submission for OMB Review:
Consumer Protections for Depository
Institution Sales of Insurance
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 (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 renewal of its information
collection titled, ‘‘Consumer Protections
for Depository Institution Sales of
Insurance.’’ The OCC is also giving
notice that it has sent the collection to
OMB for review.
DATES: Comments must be received by
May 28, 2013.
ADDRESSES: Because paper mail in the
Washington, DC area and at the OCC is
subject to delay, commenters are
encouraged to submit comments by
email if possible. Comments may be
sent to: Legislative and Regulatory
Activities Division, Office of the
Comptroller of the Currency, Attention:
1557–0220, 400 7th Street SW., Suite
3E–218, Mail Stop 9W–11, Washington,
DC 20219. In addition, comments may
be sent by fax to (571) 465–4326 or by
electronic mail to
regs.comments@occ.treas.gov. You may
personally inspect and photocopy
comments at the OCC, 400 7th Street
SW., Washington, DC 20219. For
security reasons, the OCC requires that
visitors make an appointment to inspect
comments. You may do so by calling
(202) 649–6700. Upon arrival, visitors
SUMMARY:
PO 00000
Frm 00097
Fmt 4703
Sfmt 4703
24809
will be required to present valid
government-issued photo identification
and to submit to security screening in
order to inspect and photocopy
comments.
All comments received, including
attachments and other supporting
materials, are part of the public record
and subject to public disclosure. Do not
enclose any information in your
comment or supporting materials that
you consider confidential or
inappropriate for public disclosure.
Additionally, please send a copy of
your comments by mail to: OCC Desk
Officer, 1557–0220, U.S. Office of
Management and Budget, 725 17th
Street NW., #10235, Washington, DC
20503, or by email to: oira
submission@omb.eop.gov.
You
may request additional information or a
copy of the collection from Johnny
Vilela or Mary H. Gottlieb, OCC
Clearance Officers, (202) 649–5490,
Legislative and Regulatory Activities
Division, Office of the Comptroller of
the Currency, 400 7th Street SW., Suite
3E–218, Mail Stop 9W–11, Washington,
DC 20219.
SUPPLEMENTARY INFORMATION: Under the
PRA (44 U.S.C. 3501–3520), 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 (44 U.S.C.
3506(c)(2)(A)) 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.
The OCC is proposing to extend OMB
approval of the following information
collection:
Title: Consumer Protections for
Depository Institution Sales of
Insurance.
OMB Control No.: 1557–0220.
Type of Review: Extension, without
revision, of a currently approved
collection.
Description: This information
collection requires national banks,
Federal savings associations, and other
covered persons involved in insurance
FOR FURTHER INFORMATION CONTACT:
E:\FR\FM\26APN1.SGM
26APN1
Agencies
[Federal Register Volume 78, Number 81 (Friday, April 26, 2013)]
[Notices]
[Pages 24805-24809]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-09865]
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Office of the Comptroller of the Currency
Agency Information Collection Activities; Submission for OMB
Review; Comment Request; Minimum Security Devices and Procedures,
Reports of Suspicious Activities, and Bank Secrecy Act Compliance
Program
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 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.
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 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.
The OCC is also announcing that the proposed collection of
information has been submitted to OMB for review and clearance under
the Paperwork Reduction Act of 1995.
DATES: Comments must be submitted by May 28, 2013.
ADDRESSES: Because paper mail in the Washington, DC area and at the OCC
is subject to delay, commenters are encouraged to submit comments by
email if possible. Comments may be sent to: Legislative and Regulatory
Activities Division, Office of the Comptroller of the Currency,
Attention: 1557-0180, 400 7th Street SW., Suite 3E-218, Mail Stop 9W-
11, Washington, DC 20219. In addition, comments may be sent by fax to
(571) 465-4326 or by electronic mail to regs.comments@occ.treas.gov.
You may personally inspect and photocopy comments at the OCC, 400 7th
Street SW., Washington, DC 20219. For security reasons, the OCC
requires that visitors make an appointment to inspect comments. You may
do so by calling (202) 649-6700. Upon arrival, visitors will be
required to present valid government-issued photo identification and to
submit to security screening in order to inspect and photocopy
comments.
All comments received, including attachments and other supporting
materials, are part of the public record and subject to public
disclosure. Do not enclose any information in your comment or
supporting materials that you consider confidential or inappropriate
for public disclosure.
Additionally, please send a copy of your comments by mail to: OCC
Desk Officer, 1557-0231, 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
from or a copy of the collection from Johnny Vilela or Mary H.
Gottlieb, Clearance Officers, (202) 649-5490, Legislative and
Regulatory Activities Division (1557-0231), Office of the Comptroller
of the Currency, 400 7th Street SW., Suite 3E-218, Mail Stop 9W-11,
Washington, DC 20219.
SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, the OCC
has submitted the following proposed collection of information to OMB
for review and clearance.
Title: Minimum Security Devices and Procedures, Reports of
Suspicious
[[Page 24806]]
Activities, and Bank Secrecy Act Compliance program.
OMB Control No.: 1557-0180.
Form Numbers: 8010-1/8010-9.
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.C. 1818-1820 (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, 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
[[Page 24807]]
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).
19a. 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.
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
[[Page 24808]]
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 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.
In the Federal Register of February 8, 2013 (78 FR 9452), the OCC
published a 60-day notice soliciting comments concerning this
information collection. The OCC received no comments.
Type of Review: Regular.
Affected Public: Business, for-profit institutions, and non-profit
Estimated Number of Respondents: 1,869.
[[Page 24809]]
Estimated Total Annual Responses: 386,883.
Estimated Burden per Response: 2.5 hours (includes 1.5 hours burden
per response and one hour recordkeeping).
Estimated Total Annual Burden: 967,207.5 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 continue to be invited on:
(a) Whether the collection of information is necessary for the
proper performance of the functions of the agency, including whether
the information has practical utility;
(b) The accuracy of the agency's estimate of the burden of the
collection of information;
(c) Ways to enhance the quality, utility, and clarity of the
information to be collected;
(d) Ways to minimize the burden of the collection on respondents,
including through the use of automated collection techniques or other
forms of information technology; and
(e) Estimates of capital or start-up costs and costs of operation,
maintenance, and purchase of services to provide information.
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: April 19, 2013.
Michele Meyer,
Assistant Director, Legislative and Regulatory Activities Division.
[FR Doc. 2013-09865 Filed 4-25-13; 8:45 am]
BILLING CODE 4810-33-P