Privacy Act of 1974, as Amended; System of Records Notice, 20969-20976 [2014-08254]
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Federal Register / Vol. 79, No. 71 / Monday, April 14, 2014 / Notices
Background: 49 U.S.C. 30101 et seq.,
as amended (‘‘the Safety Act’’),
authorizes NHTSA to issue Federal
Motor Vehicle Safety Standards
(FMVSS). The Safety Act mandates that
in issuing any Federal motor vehicle
safety standards, the agency is to
consider whether the standard is
reasonable and appropriate for the
particular type of motor vehicle or item
of motor vehicle equipment for which it
is prescribed. Using this authority,
FMVSS No. 106, Brake Hoses, was
issued. This standard specifies labeling
and performance requirements which
apply to all manufacturers of brake
hoses and brake hose end fittings, and
to those who assemble brake hoses.
Prior to assembling or selling brake
hoses, these entities must register their
identification marks with NHTSA to
comply with the labeling requirements
of this standard. In accordance with the
Paperwork Reduction Act, the agency
must obtain OMB approval to continue
collecting labeling information.
Currently, there are 1,944 manufacturers
of brake hoses and end fittings, and
brake hose assemblers, registered with
NHTSA. However, only approximately
20 respondents annually request to have
their symbol added to or removed from
the NHTSA database. To comply with
this standard, each brake hose
manufacturer or assembler must contact
NHTSA and state that they want to be
added to or removed from the NHTSA
database of registered brake hose
manufacturers. This action is usually
initiated by the manufacturer with a
brief written request via U.S. mail,
facsimile, an email message, or a
telephone call. Currently, a majority of
the requests are received via U.S. mail
and the follow-up paperwork is
conducted via facsimile, U.S. mail, or
electronic mail. The estimated cost for
complying with this regulation is $100
per hour. Therefore, the total annual
cost is estimated to be $3,000 (time
burden of 30 hours × $100 (cost per
hour).
Respondents: Business or other for
profit.
Number of Respondents: 20.
Number of Responses: 20.
Total Annual Burden: 30 hours.
ADDRESSES: Send comments regarding
the burden estimate, including
suggestions for reducing the burden, to
the Office of Management and Budget,
Attention: Desk Officer for the Office of
the Secretary of Transportation, 725
17th Street NW., Washington, DC 20503.
Public Comments Invited: You are
asked to comment on any aspect of this
information collection, including (a)
Whether the proposed collection of
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information is necessary for the
Department’s performance; (b) the
accuracy of the estimated burden; (c)
ways for the Department to enhance the
quality, utility and clarity of the
information collection; and (d) ways
that the burden could be minimized
without reducing the quality of the
collected information. The agency will
summarize and/or include your
comments in the request for OMB’s
clearance of this information collection.
Authority: The Paperwork Reduction Act
of 1995; 44 U.S.C. Chapter 35, as amended;
and 49 CFR 1:48.
David Hines,
Director, Office of Crash Avoidance
Standards.
[FR Doc. 2014–08228 Filed 4–11–14; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF THE TREASURY
Financial Crimes Enforcement Network
Privacy Act of 1974, as Amended;
System of Records Notice
Financial Crimes Enforcement
Network (FinCEN), Treasury.
ACTION: Notice of alterations of three
Privacy Act systems of records.
AGENCY:
In accordance with the
Privacy Act of 1974, as amended, the
Financial Crimes Enforcement Network
(‘‘FinCEN’’), Department of the Treasury
(‘‘Treasury’’), gives notice of proposed
alterations to three existing systems of
records entitled ‘‘Treasury/FinCEN
.001—FinCEN Investigations and
Examinations System (the
‘‘Investigations and Examinations
System’’),’’ ‘‘Treasury/FinCEN .002—
Suspicious Activity Report System (the
‘‘SAR System’’),’’ and ‘‘Treasury/
FinCEN .003—Bank Secrecy Act Reports
System (the ‘‘BSA System’’).’’ The
systems of records were last published
in their entirety on October 1, 2012, at
77 FR 60016, 77 FR 60017, and 77 FR
60020, respectively.
DATES: Comments must be received no
later than May 14, 2014. This altered
system of records will be effective May
19, 2014 unless the Department receives
comments which would result in a
contrary determination.
ADDRESSES: Written comments should
be submitted to: Office of Chief Counsel,
Financial Crimes Enforcement Network,
Department of the Treasury, P.O. Box
39, Vienna, VA 22183–0039, Attention:
Revisions to PA System of RecordsComments. Comments also may be
submitted by electronic mail to the
following Internet address:
SUMMARY:
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20969
regcomments@fincen.gov, with the
above caption in the body of the text.
Inspection of comments: Comments
are available on www.regulations.gov
and are posted when received.
Comments may be inspected at FinCEN
between 10 a.m. and 4 p.m., in the
FinCEN Reading Room, Vienna, VA.
Persons wishing to inspect the
comments submitted must request an
appointment with the Disclosure Officer
by telephoning (703) 905–5034 (not a
toll free call).
FOR FURTHER INFORMATION CONTACT:
Office of Chief Counsel, FinCEN, at
(703) 905–3590.
SUPPLEMENTARY INFORMATION: FinCEN
has conducted a review of its Privacy
Act systems of records for compliance
with the Privacy Act (5 U.S.C. 552a) and
with Appendix 1 to OMB Circular A–
130, ‘‘Federal Agency Responsibilities
for Maintaining Records About
Individuals,’’ dated November 30, 2000,
and proposes to alter three of its current
systems of records. The Privacy Act
requires FinCEN to publish these
notices.
The systems of records contain
information collected under the
statutory authority of the Bank Secrecy
Act, Title I and II of Public Law 91–508,
as amended, and codified at 12 U.S.C.
1829b, 12 U.S.C. 1951–1959, and 31
U.S.C. 5311–5314, 5316–5332, or any
other authority exercised by FinCEN to
compel the reporting of records, such as
section 104(e) of the Comprehensive
Iran Sanctions, Accountability, and
Divestment Act of 2010, Public Law
111–195. These systems of records may
also include information or records that
contribute to effective law enforcement
and regulation of financial institutions
and non-financial trades or businesses,
including, but not limited to, subject
files on individuals, corporations, and
other legal entities. The Bank Secrecy
Act authorizes the Secretary of the
Treasury, inter alia, to require financial
institutions and individuals to keep
records and file reports that are
determined to have a high degree of
usefulness in criminal, tax, and
regulatory matters, or in the conduct of
intelligence or counter-intelligence
activities to protect against international
terrorism, and to implement countermoney laundering programs and
compliance procedures. The regulations
implementing Title II of the Bank
Secrecy Act appear at 31 CFR chapter X.
The Secretary has delegated his
authority to administer the Bank
Secrecy Act to the Director of FinCEN.
Suspicious transaction reporting is
required by regulations issued by
FinCEN and the supervisory agencies
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that examine and regulate the safety and
soundness of financial institutions,
namely the Board of Governors of the
Federal Reserve System, the Office of
the Comptroller of the Currency, the
Federal Deposit Insurance Corporation,
and the National Credit Union
Administration (collectively, the
‘‘Federal Supervisory Agencies’’).1 The
requirements of FinCEN and the Federal
Supervisory Agencies create an
integrated system for reporting
suspicious activity and known or
suspected crimes. Under these
requirements, financial institutions file
a single uniform Suspicious Activity
Report (a ‘‘SAR’’) with FinCEN. Prior to
the development of the integrated SAR
filing system, a financial institution
reporting a known or suspected
violation of law was required to file
multiple copies of criminal referral
forms with its Federal Supervisory
Agency and federal law enforcement
agencies. Each Federal Supervisory
Agency had promulgated a different
form. Under the current system, a
financial institution meets its obligation
to report a known or suspected violation
of law by filing one SAR with FinCEN.
In the course of its review, FinCEN
identified a potential use of Privacy Act
records that may not be clear under the
Privacy Act or the published routine
uses. The Privacy Act permits
disclosure ‘‘to those officers and
employees of the agency which
maintains the record who have a need
for the record in the performance of
their duties.’’ 5 U.S.C. 552a(b)(1). At
FinCEN, student volunteers work on
projects relating to official programs and
operations. This sharing is both
appropriate and necessary for the
efficient conduct of government. It is
also in the best interest of both the
individual and the public because it
enables FinCEN to better administer the
information it maintains and facilitates
use of information in accordance with
applicable laws and regulations to
further FinCEN’s mission. For example,
under 5 U.S.C. 3111, agencies may
receive unpaid services from students;
such students are not, however,
considered ‘‘employees of the agency’’
for many purposes. Consequently,
FinCEN is proposing to add the
following new routine use to each of its
system notices:
Provide records to student volunteers and
other individuals not having the status of
agency employees, if they need access to the
1 For
purposes of this notice, the term ‘‘Financial
Supervisory Agencies’’ also includes the now
defunct Office of Thrift Supervision (‘‘OTS’’) to the
extent that the SAR System includes information
from reports filed pursuant to rules OTS issued.
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records to perform services as authorized
under law relating to the official programs
and operations of FinCEN. Individuals
provided records under this routine use are
subject to the same requirements and
limitations on disclosure as are applicable to
FinCEN officers and employees.
This routine use is compatible with
the purpose for which the records are
collected because providing the records
to student volunteers and other
individuals when performing services as
authorized by law in furtherance of
FinCEN’s mission is a corollary purpose
that is compatible with the purpose for
which the records were originally
collected. Moreover, disclosures under
this routine use will enable FinCEN to
better administer the records it
maintains and will facilitate the use of
records in accordance with applicable
laws and regulations. The individuals
covered by this routine use would be
required to meet the same requirements
as FinCEN employees relating to the
protection of Privacy Act records, such
as completing privacy and security
training which FinCEN employees
currently are required to complete
annually. The Department of the
Treasury has published Departmentwide systems of records notices that
contain a routine use allowing student
volunteers to view personnel and other
Privacy Act records. FinCEN notes that
other agencies also have similar routine
uses in some of their systems notices.
The Department of Justice, for example,
has published a routine use that allows
its student interns to access criminal
investigative files.
Information in the systems of records
may be retrieved by personal identifier.
The Privacy Act requires the Treasury to
give general notice, and opportunity to
comment, to the public when making
substantive changes to these Systems.
Because FinCEN proposes to add a new
routine use to each of its systems
notices, FinCEN is providing notice and
public comment opportunity. The
notices were last published in their
entirety on October 1, 2012, beginning
at 77 FR 60014.
In accordance with 5 U.S.C. 552a(r),
Treasury has provided a report of this
system of records alterations to OMB
and to Congress.
For the reasons set forth above,
FinCEN proposes to alter the FinCEN
Investigations and Examinations
System, the SAR System, and the BSA
System, as follows:
Treasury/FinCEN.001
SYSTEM NAME:
FinCEN Investigations and
Examinations System—Treasury/
FinCEN.
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SYSTEM LOCATION:
The Internal Revenue Service
Enterprise Computing Center Detroit
(ECCD), 985 Michigan Avenue, Detroit,
Michigan 48226–1129; Internal Revenue
Service Enterprise Computing Center
Martinsburg (ECCM), 295 Murall Drive,
Kearneysville, West Virginia 25436;
Bureau of the Public Debt, P.O. Box
7015, Parkersburg, West Virginia 26106–
7015; and Financial Crimes
Enforcement Network (FinCEN), P.O.
Box 39, Vienna, Virginia 22183–0039.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
(1) Individuals who relate in any
manner to official FinCEN efforts in
support of the enforcement of the Bank
Secrecy Act and money-laundering and
other financial crimes. Such individuals
may include, but are not limited to,
subjects of investigations and
prosecutions; suspects in investigations;
victims of such crimes; witnesses in
such investigations and prosecutions;
and close relatives and associates of any
of these individuals who may be
relevant to an investigation; (2) current
and former FinCEN personnel whom
FinCEN considers relevant to an
investigation or inquiry; and (3)
individuals who are the subject of
unsolicited information possibly
relevant to violations of law or
regulations, who offer unsolicited
information relating to such violations,
who request assistance from FinCEN,
and who make inquiries of FinCEN.
CATEGORIES OF RECORDS IN THE SYSTEM:
Every possible type of information
that contributes to effective law
enforcement and regulation of financial
institutions may be maintained in this
system of records, including, but not
limited to, subject files on individuals,
corporations, and other legal entities;
information provided pursuant to the
Bank Secrecy Act or any other authority
exercised by FinCEN to compel the
reporting of records; information
gathered pursuant to search warrants;
statements of witnesses; information
relating to past queries of the FinCEN
Data Base; criminal referral information;
complaint information; identifying
information regarding witnesses,
relatives, and associates; investigative
reports; and intelligence reports.
Records include queries and the results
of queries made by FinCEN customers
(see discussions of SAR System Users
and BSA Report System Users in the
system of records notices for Suspicious
Activity Reporting System—Treasury/
FinCEN.002 and Bank Secrecy Act
Reports System—Treasury/FinCEN.003,
respectively), and by FinCEN employees
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on behalf of investigatory agencies,
financial intelligence units, other
FinCEN customers, and FinCEN itself.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301, 31 U.S.C. 5311–5314,
5316–5332; 31 U.S.C. 310; 31 CFR
chapter X; Pub. L. 111–195, 124 Stat.
1312; Treasury Department Order 180–
01 (September 26, 2002).
PURPOSE(S):
The purpose of this system of records
is to support FinCEN’s efforts to provide
a government-wide, multi-source
intelligence and analytical network to
support the detection, investigation, and
prosecution of domestic and
international money laundering and
other financial crimes, and other
domestic and international criminal,
tax, and regulatory investigations and
proceedings, including examinations,
and to support the conduct of
intelligence or counterintelligence
activities, including analysis, to protect
against international terrorism. A
FinCEN Investigations and
Examinations System User is an agency
or organization that has been granted
access to the information in this system.
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ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Records in this system may be used
to:
(1) Provide responses to queries from
Federal, State, territorial, and local law
enforcement and regulatory agencies,
both foreign and domestic, regarding
Bank Secrecy Act and other financial
crime enforcement;
(2) Furnish information to other
Federal, State, local, territorial, and
foreign law enforcement and regulatory
agencies responsible for investigating or
prosecuting the violations of, or for
enforcing or implementing a statute,
rule, regulation, order, or license, where
FinCEN becomes aware of an indication
of a violation or potential violation of
civil or criminal law or regulation;
(3) Furnish information to the
Department of Defense, to support its
role in the detection and monitoring of
aerial and maritime transit of illegal
drugs into the United States and any
other role in support of law enforcement
that the law may mandate;
(4) Respond to queries from
INTERPOL in accordance with agreed
coordination procedures between
FinCEN and INTERPOL;
(5) Furnish information to individuals
and organizations, in the course of
enforcement efforts, to the extent
necessary to elicit information pertinent
to financial law enforcement;
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(6) Furnish information to a court,
magistrate, or administrative tribunal in
the course of presenting evidence,
including disclosures to opposing
counsel or witnesses in the course of
civil discovery, litigation, or settlement
negotiations, in response to a subpoena,
or in connection with civil or criminal
law proceedings;
(7) Furnish information to the news
media in accordance with the guidelines
contained in 28 CFR 50.2, which relate
to civil and criminal proceedings;
(8) Provide information or records to
the United States Intelligence
Community, within the meaning of
Executive Order 12333 (December 4,
1981) as amended, to further those
agencies’ efforts with respect to national
security consistent with applicable law;
(9) Disclose information or records to
any person with whom FinCEN, ECCD,
ECCM, or a FinCEN Investigations and
Examinations System User contracts to
provide consulting, data processing,
clerical, secretarial functions, and other
services relating to the official programs
and operations of FinCEN, ECCD,
ECCM, or the FinCEN Investigations and
Examinations System User;
(10) To appropriate agencies, entities,
and persons when (a) FinCEN suspects
or has confirmed that the security or
confidentiality of information in the
system of records has been
compromised; (b) FinCEN has
determined that as a result of the
suspected or confirmed compromise
there is a risk of harm to economic or
property interests, identity theft or
fraud, or harm to the security or
integrity of this system or other systems
or programs (whether maintained by
FinCEN or another agency or entity) that
rely upon the compromised
information; and (c) the disclosure made
to such agencies, entities, and persons is
reasonably necessary to assist in
connection with FinCEN’s efforts to
respond to the suspected or confirmed
compromise and prevent, minimize, or
remedy such harm; and
(11) Provide records to student
volunteers and other individuals not
having the status of agency employees,
if they need access to the records to
perform services as authorized under
law relating to the official programs and
operations of FinCEN. Individuals
provided records under this routine use
are subject to the same requirements
and limitations on disclosure as are
applicable to FinCEN officers and
employees.
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20971
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Magnetic media and other electronic
format and on hard paper copy.
RETRIEVABILITY:
By name, address, or other unique
identifier.
SAFEGUARDS:
Electronic records are password
protected. Records are maintained in
buildings subject to 24-hour security.
Access controls will not be less than
those provided by Treasury security
requirements. Access to individuals is
granted based on roles and
responsibilities.
RETENTION AND DISPOSAL:
FinCEN personnel review records in
this system each time a record is
retrieved and on a periodic basis to see
whether it should be retained or
modified. Records in this system are
updated periodically to reflect
disposition of records in accordance
with applicable law and record
retention schedules.
SYSTEM MANAGER(S) AND ADDRESS:
Deputy Director, Financial Crimes
Enforcement Network, P.O. Box 39,
Vienna, VA 22183–0039.
NOTIFICATION PROCEDURE:
This system is exempt from
notification requirements, record access
requirements, and requirements that an
individual be permitted to contest its
contents, pursuant to the provisions of
5 U.S.C. 552a(j)(2), (k)(1), and (k)(2).
RECORD ACCESS PROCEDURES:
See ‘‘Notification procedure’’ above.
CONTESTING RECORD PROCEDURES:
See ‘‘Notification procedure’’ above.
RECORD SOURCE CATEGORIES:
See ‘‘Categories of individuals
covered by the system’’ above. Pursuant
to the provisions of 5 U.S.C. 552a(j)(2),
(k)(1), and (k)(2), this system is exempt
from the requirement that the record
source categories be disclosed.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
This system is exempt from 5 U.S.C.
552a(c)(3), (c)(4), (d)(1), (d)(2), (d)(3),
(d)(4), (e)(1), (e)(2), (e)(3), (e)(4)(G), (H),
and (I), (e)(5), (e)(8), (f), and (g) of the
Privacy Act pursuant to 5 U.S.C.
552a(j)(2), (k)(1), and (k)(2). See 31 CFR
1.36.
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Treasury/FinCEN.002
SYSTEM NAME:
Suspicious Activity Report System
(the ‘‘SAR System’’)—Treasury/FinCEN.
SYSTEM LOCATION:
The Internal Revenue Service
Enterprise Computing Center Detroit
(ECCD), 985 Michigan Avenue, Detroit,
Michigan 48226–1129; Internal Revenue
Service Enterprise Computing Center
Martinsburg (ECCM), 295 Murall Drive,
Kearneysville, West Virginia, 25436;
Bureau of the Public Debt, P.O. Box
7015, Parkersburg, West Virginia,
26106–7015; and Financial Crimes
Enforcement Network (FinCEN), P.O.
Box 39, Vienna, Virginia 22183–0039.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
The SAR System contains information
from forms including, but not limited to:
Form TD F 90–22.47 (Suspicious
Activity Report by Depository
Institutions)—to be replaced by FinCEN
111; FinCEN 101 (Suspicious Activity
Report by the Securities and Futures
Industries); FinCEN 102 (Suspicious
Activity Report by Casinos and Card
Clubs)—formerly TD F 90–22.49;
FinCEN 109 (Suspicious Activity Report
by Money Services Business)—formerly
TD F 90–22.56. The SAR System also
will contain information from Form 111
(Bank Secrecy Act (BSA) Suspicious
Activity Report), after that unified form
for reporting suspicious activity is made
effective.
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INFORMATION ON THESE FORMS CONCERNS:
(1) Individuals who or entities that are
known or suspected perpetrators of a
known or suspected criminal violation,
or pattern of criminal violations,
committed or attempted against a
financial institution, or participants in a
transaction or transactions conducted
through the financial institution, that
have been reported by the financial
institution, either voluntarily, or
because such a report is required under
the rules of FinCEN and/or the rules of
one or more of the Federal Supervisory
Agencies.
(2) Individuals who or entities that are
participants in transactions, conducted
or attempted by, at, or through a
financial institution, that have been
reported because the institution knows,
suspects, or has reason to suspect that:
(a) The transaction involves funds
derived from illegal activities or is
intended or conducted to hide or
disguise funds or assets derived from
illegal activities as part of a plan to
violate or evade any law or regulation or
to avoid any transaction reporting
requirement under Federal law; (b) the
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transaction is designed to evade any
regulations promulgated under Pub. L.
91–508, as amended, codified at 12
U.S.C. 1829b, 12 U.S.C. 1951–1959, and
31 U.S.C. 5311–5314, 5316–5332 (the
BSA); (c) the transaction has no
business or apparent lawful purpose or
is not the sort in which the particular
customer would normally be expected
to engage, and the financial institution
knows of no reasonable explanation for
the transaction after examining the
available facts, including the
background and possible purpose of the
transaction; or (d) the transaction
involves use of the financial institution
to facilitate criminal activity;
(3) Individuals who are directors,
officers, employees, agents, or otherwise
affiliated with a financial institution;
(4) Individuals who or entities that are
actual or potential victims of a criminal
violation or series of violations;
(5) Individuals who are named as
possible witnesses in connection with
matters arising from any such report;
(6) Individuals or entities named as
preparers of any such report;
(7) Individuals or entities named as
persons to be contacted for assistance by
government agencies in connection with
any such report;
(8) Individuals or entities who have or
might have information about
individuals or criminal violations
described above;
(9) Individuals or entities involved in
evaluating or investigating any matters
arising from any such report;
(10) Individuals, entities or
organizations suspected of engaging in
terrorist and other criminal activities
and any person who may be affiliated
with such individuals, entities or
organizations;
(11) Individuals or entities named by
financial institutions as persons to be
contacted for further assistance by
government agencies in connection with
individuals, entities or organizations
suspected of engaging in terrorist or
other criminal activities; and
(12) Individuals or entities involved
in evaluating or investigating any
matters in connection with individuals,
entities or organizations suspected of
engaging in terrorist or other criminal
activity.
CATEGORIES OF RECORDS IN THE SYSTEM:
The SAR System contains information
reported to FinCEN by a financial
institution (including, but not limited
to, a depository institution, a money
services business, a broker-dealer in
securities, an insurance company, and a
casino) on a Suspicious Activity Report
(SAR) that is filed voluntarily or as
required by FinCEN, one or more of the
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Federal Supervisory Agencies, and/or
any other authority. The SAR System
also may contain information that may
relate to terrorist or other criminal
activity that is reported voluntarily to
FinCEN by any individual or entity
through any other means, including
through FinCEN’s Financial Institutions
Hotline. The SAR System also may
contain information relating to
individuals, entities, or organizations
that, based on credible evidence, are
suspected of engaging in terrorist or
other criminal activities, including
information provided to FinCEN from
financial institutions regarding such
individuals, entities, or organizations.
SARs contain information about the
categories of persons or entities
specified in ‘‘Categories of Individuals
Covered by the System.’’
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The SAR System is established and
maintained in accordance with 31
U.S.C. 5318(g); 31 U.S.C. 321; and 31
U.S.C. 310; 31 CFR chapter X; Treasury
Department Order 180–01 (September
26, 2002).
PURPOSE(S):
The SAR requirements of FinCEN and
the Federal Supervisory Agencies create
an integrated process for reporting
suspicious activity and known or
suspected crimes by, at, or through
depository institutions, certain of their
affiliates, and certain other financial
institutions. The process is based on a
single, uniform SAR filed with FinCEN.
The SAR System has been created, as a
key part of this integrated reporting
process, to permit coordinated and
enhanced analysis and tracking of such
information, and rapid dissemination of
SAR information. 31 U.S.C.
5318(g)(4)(B), which specifically
requires that the agency designated as
the repository for SARs refer those
reports to appropriate law enforcement,
supervisory and intelligence agencies,
and 31 U.S.C. 5319 and 31 U.S.C. 310,
which require or permit the distribution
of reports filed under the Bank Secrecy
Act to federal, state and local agencies
that engage in criminal, regulatory and
tax investigations and proceedings,
agencies that engage in intelligence and
counterintelligence activities, including
analysis, to protect against international
terrorism, certain self-regulatory
organizations, appropriate foreign
agencies, and foreign financial
intelligence units. A SAR System User
is an agency or organization that has
been granted access to the information
in this system. SAR System Users
include the Federal Supervisory
Agencies, Federal law enforcement
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agencies (including the Federal Bureau
of Investigation, the Internal Revenue
Service, the United States Secret
Service, United States Customs and
Border Protection, United States
Immigration and Customs Enforcement,
the Drug Enforcement Administration,
and the Bureau of Alcohol, Tobacco,
Firearms and Explosives), appropriate
federal agency Inspector General Offices
having criminal law enforcement
powers under the Inspector General Act
of 1978 or comparable authority, the
Executive Office of the United States
Attorneys and the Offices of the 93
United States Attorneys, the Securities
and Exchange Commission (SEC), the
Commodity Futures Trading
Commission (CFTC), the Federal Trade
Commission, the Intelligence
Community, federal agencies
conducting or supporting national
security background investigations
under Executive Order 12968 as
amended, the Government
Accountability Office, State financial
institution supervisory and regulatory
agencies, State tax agencies, State and
local law enforcement agencies, and
self-regulatory organizations authorized
by the SEC and CFTC.
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ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
These records may be used to:
(1) Provide information or records,
electronically or manually, to a SAR
System User relevant to the
enforcement, regulatory, and
supervisory programs and operations of
that User;
(2) Provide a SAR System User, and
if applicable the unit within an
Executive Department to which the SAR
System User reports, with reports that
indicate the number, amount,
individual identity, and other details
concerning potential violations of law
that have been the subject of SARs;
(3) Provide information or records to
any appropriately authorized domestic
governmental agency or self-regulatory
organization charged with the
responsibility of administering law,
investigating or prosecuting violations
of law, enforcing or implementing a
statute, rule, regulation, order, or policy,
or issuing a license, security clearance,
contract, grant, or benefit, when relevant
to the responsibilities of that agency or
organization;
(4) Provide information or records to
any appropriately authorized nonUnited States governmental agency
charged with the responsibility of
administering law, investigating or
prosecuting violations of law, enforcing
or implementing a statute, rule,
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regulation, order, or policy, when
relevant to the responsibilities of that
agency;
(5) Provide information or records,
when appropriate, to an international
authority or foreign government in
accordance with law and bilateral or
multilateral international agreements;
(6) Disclose the existence, but not
necessarily the content, of information
or records pertaining to an investigation
by a SAR System User, on behalf of and
with the approval of that SAR System
User, to another SAR System User,
when FinCEN determines that such
disclosure furthers the coordinated
analysis and tracking of information
among SAR System Users;
(7) Provide information or records to
the Department of Justice, or in a
proceeding before a court, adjudicative
body, or other administrative body
before which a SAR System User is
authorized to appear, when: (a) Any of
the following is a party to litigation or
has an interest in litigation: (i) The SAR
System User or any component thereof,
or (ii) any employee of the SAR System
User in his or her official capacity, or
(iii) any employee of the SAR System
User where the Department of Justice or
the SAR System User has agreed to
represent the employee, or (iv) the
United States; and (b) the SAR System
User determines that litigation is likely
to affect the SAR System User or any of
its components; (c) the SAR System
User deems the use of such records by
the Department of Justice or the SAR
System User to be relevant and
necessary to the litigation; provided,
however, that in each case it has been
determined that the disclosure is
compatible with the purpose for which
the records were collected;
(8) Disclose information or records to
individuals or entities to the extent
necessary to elicit information pertinent
to the investigation, prosecution, or
enforcement of civil or criminal statutes,
rules, regulations, or orders;
(9) In accordance with Executive
Order 12968 (August 2, 1995) as
amended, provide information or
records to any appropriate government
authority to determine eligibility for
access to classified information to the
extent relevant for matters that are by
statute permissible subjects of inquiry;
(10) Provide information or records to
the United States Intelligence
Community, within the meaning of
Executive Order 12333 (December 4,
1981) as amended, to further those
agencies’ efforts with respect to national
security in a manner consistent with
applicable law and in the conduct of
intelligence or counterintelligence
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20973
activities, including analysis, to protect
against international terrorism;
(11) Furnish analytic and statistical
reports to government agencies and the
public providing information derived
from SARs in a form in which
individual identities are not revealed;
(12) Disclose information or records to
any person with whom FinCEN, ECCD,
ECCM, or a SAR System User contracts
to provide consulting, data processing,
clerical, secretarial, or other services
relating to the official programs and
operations of FinCEN, ECCD, ECCM, or
the SAR System User;
(13) Disclose information to
appropriate agencies, entities, and
persons when (a) FinCEN suspects or
has confirmed that the security or
confidentiality of information in the
system of records has been
compromised; (b) FinCEN has
determined that as a result of the
suspected or confirmed compromise
there is a risk of harm to economic or
property interests, identity theft or
fraud, or harm to the security or
integrity of this system or other systems
or programs (whether maintained by
FinCEN or another agency or entity) that
rely upon the compromised
information; and (c) the disclosure made
to such agencies, entities, and persons is
reasonably necessary to assist in
connection with FinCEN’s efforts to
respond to the suspected or confirmed
compromise and prevent, minimize, or
remedy such harm; and
(14) Provide records to student
volunteers and other individuals not
having the status of agency employees,
if they need access to the records to
perform services as authorized under
law relating to the official programs and
operations of FinCEN. Individuals
provided records under this routine use
are subject to the same requirements
and limitations on disclosure as are
applicable to FinCEN officers and
employees.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are maintained in magnetic
media and other electronic format and
on hard paper copy.
RETRIEVABILITY:
Data in the SAR System may be
retrieved by particular data fields (e.g.,
name of financial institution or holding
company, type of suspected violation,
individual suspect name, witness name,
and name of individual authorized to
discuss the referral with government
officials) or by the use of search and
selection criteria.
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SAFEGUARDS:
Treasury/FinCEN.003
Electronic records are password
protected. Records are maintained in
buildings subject to 24-hour security.
Access controls will not be less than
those provided by Treasury security
requirements. Access to individuals is
granted based on roles and
responsibilities.
SYSTEM NAME:
RETENTION AND DISPOSAL:
Records in this system will be
updated periodically to reflect new
filings, amendments to existing filings,
and disposition of records in accordance
with applicable law and record
retention schedules.
SYSTEM MANAGER(S) AND ADDRESS:
General Policy: Deputy Director,
Financial Crimes Enforcement Network,
P.O. Box 39, Vienna, Virginia 22183–
0039. Computer Systems Maintenance
and Administration: Director, IRS
Enterprise Computing Center Detroit,
985 Michigan Avenue, Detroit,
Michigan 48226–1129 and Director, IRS
Enterprise Computing Center
Martinsburg, 295 Murall Drive,
Kearneysville, West Virginia, 25436.
NOTIFICATION PROCEDURE:
This system is exempt from
notification requirements, record access
requirements, and requirements that an
individual be permitted to contest its
contents, pursuant to the provisions of
5 U.S.C. 552a(j)(2) and (k)(2).
RECORD ACCESS PROCEDURES:
See ‘‘Notification procedure’’ above.
CONTESTING RECORD PROCEDURES:
See ‘‘Notification procedure’’ above.
RECORD SOURCE CATEGORIES:
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Records in this system may be
provided by or obtained from:
individuals; financial institutions and
certain of their affiliates; Federal
Supervisory Agencies; State financial
institution supervisory agencies;
domestic or foreign government
agencies; foreign or international
organizations; and commercial sources.
Pursuant to the provisions of 5 U.S.C.
552a(j)(2) and (k)(2), this system is
exempt from the requirement that the
record source categories be disclosed.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
This system is exempt from 5 U.S.C.
552a(c)(3), (c)(4), (d)(1), (d)(2), (d)(3),
(d)(4), (e)(1), (e)(2), (e)(3), (e)(4)(G),
(e)(4)(H), (e)(4)(I), (e)(5), (e)(8), (f), and
(g) of the Privacy Act pursuant to 5
U.S.C. 552a(j)(2) and (k)(2). See 31 CFR
1.36.
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Bank Secrecy Act Reports System (the
‘‘BSA System’’)—Treasury/FinCEN.
SYSTEM LOCATION:
Currency and Banking Retrieval
System, Internal Revenue Service
Enterprise Computing Center Detroit
(ECCD), 985 Michigan Avenue, Detroit,
Michigan 48226–1129; Internal Revenue
Service Enterprise Computing Center
Martinsburg (ECCM), 295 Murall Drive,
Kearneysville, West Virginia, 25436;
Bureau of the Public Debt, P.O. Box
7015, Parkersburg, West Virginia,
26106–7015; Treasury Enforcement
Communications System, United States
Customs and Border Protection,
Newington, 7681 Boston Boulevard,
Springfield, Virginia 22153–3140; and
Financial Crimes Enforcement Network
(FinCEN), P.O. Box 39, Vienna, Virginia
22183–0039.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
See persons identified in the reports
specified below under ‘‘Categories of
Records in the System.’’ Specifically,
the BSA System contains information
from forms including, but not limited to:
FinCEN Form 104 (Currency
Transaction Report)—formerly IRS Form
4789; FinCEN Form 103 (Currency
Transaction Report by Casinos)—
formerly IRS Form 8362; FinCEN Form
103N-rescinded 1/7/07 (Currency
Transaction Report by CasinosNevada)—formerly IRS Form 8852;
FinCEN Form 8300 (Report of Cash
Payments Over $10,000 Received in a
Trade or Business)— formerly IRS Form
8300; FinCEN Form 105 (Report of
International Transportation of
Currency or Monetary Instruments)—
formerly Customs Form 4790; Treasury
Form TDF 90–22.1 (Report of Foreign
Bank and Financial Accounts); FinCEN
Form 110 (Designation of Exempt
Person)— formerly Treasury Form TDF
90–22.53; and FinCEN Form 107
(Registration of Money Services
Businesses)—formerly Treasury Form
TDF 90–22.55 (collectively BSA
Reports); and Form 112 (Bank Secrecy
Act Currency Transaction Report), after
that unified form reporting transactions
in currency is made effective.
Information on these forms concerns:
(1) Individuals or entities filing the
reports; (2) individuals or entities that
are the subjects of these reports; (3)
individuals or entities that are
participants in reportable transactions;
(4) individuals who are directors,
officers, employees, agents, or otherwise
affiliated with a financial institution; (5)
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Frm 00119
Fmt 4703
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individuals or entities names as
preparers of any such report; (6)
individuals named as the owners of
monetary instruments; and (7)
individuals named as owners of
financial accounts.
CATEGORIES OF RECORDS IN THE SYSTEM:
The BSA System contains information
or reports filed under the Bank Secrecy
Act and its implementing regulations
(31 CFR chapter X) including, but not
limited to, reports made on FinCEN
Form 104 (Currency Transaction
Report); FinCEN Form 103 (Currency
Transaction Report by Casinos); FinCEN
Form 103N (Currency Transaction
Report by Casinos-Nevada); FinCEN
Form 8300 (Report of Cash Payments
Over $10,000 Received in a Trade or
Business); FinCEN Form 105 (Report of
International Transportation of
Currency or Monetary Instruments);
Treasury Form TDF 90–22.1 (Report of
Foreign Bank and Financial Accounts);
FinCEN Form 110 (Designation of
Exempt Person); and FinCEN Form 107
(Registration of Money Services
Businesses) (collectively BSA Reports).
The BSA System also will contain
information from Form 112 (Bank
Secrecy Act Currency Transaction
Report), after that unified form reporting
transactions in currency is made
effective. These reports include names
of financial institutions (including, but
not limited to, depository institutions,
money services businesses, brokerdealers in securities, insurance
companies, and casinos), individuals
and other entities filing the reports,
names of financial institutions,
individuals and entities that are the
subjects of the reports, names of the
owners of monetary instruments,
account numbers, addresses, dates of
birth and other personal identifiers, and
the amounts of funds, currency or other
monetary instruments that are
associated with transactions, events,
circumstances or decisions that trigger
reporting requirements. (This system
does not include Suspicious Activity
Reports. Those reports are included in
another system of records, ‘‘Suspicious
Activity Reporting System—Treasury/
FinCEN.002’’).
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The BSA Report System is established
and maintained in accordance with 12
U.S.C. 1829b and 1951–1959; 31 U.S.C.
5311–5314, 5316–5332; 5 U.S.C. 301; 31
U.S.C. 310; 31 CFR chapter X; Treasury
Department Order 180–01 (September
26, 2002).
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PURPOSE(S):
THESE RECORDS MAY BE USED TO:
The Bank Secrecy Act, codified at 12
U.S.C. 1829b and 1951–1959 and 31
U.S.C. 5311–5314, 5316–5332
authorizes the Secretary of the Treasury
to issue regulations requiring records
and reports that are determined to have
a high degree of usefulness in criminal,
tax, and regulatory investigations and
examinations, or in the conduct of
intelligence or counterintelligence
activities, including analysis, to protect
against international terrorism. The
Secretary’s authority has been
implemented through regulations
promulgated at 31 CFR chapter X. The
purpose of this system of records is to
maintain the information contained in
the reports required under these
regulations. This information is
distributed to federal, state and local
agencies that engage in criminal,
regulatory and tax investigations and
proceedings, agencies that engage in
intelligence and counterintelligence
activities, certain self-regulatory
organizations, appropriate foreign
agencies, and foreign financial
intelligence units. A BSA Report
Systems User is an agency or
organization that has been granted
access to the information in this system.
BSA Report System Users include the
Federal Supervisory Agencies, Federal
law enforcement agencies (including the
Federal Bureau of Investigation, the
Internal Revenue Service, the United
States Secret Service, United States
Customs and Border Protection, United
States Immigration and Customs
Enforcement, the Drug Enforcement
Administration, and the Bureau of
Alcohol, Tobacco, Firearms and
Explosives), appropriate federal agency
Inspector General Offices having
criminal law enforcement powers under
the Inspector General Act of 1978 or
comparable authority, the Executive
Office of the United States Attorneys
and the Offices of the 93 United States
Attorneys, the Securities and Exchange
Commission (SEC), the Commodity
Futures Trading Commission (CFTC),
the Federal Trade Commission, the
Intelligence Community, federal
agencies conducting or supporting
national security background
investigations under Executive Order
12968 as amended, the Government
Accountability Office, State financial
institution supervisory and regulatory
agencies, State tax agencies, State and
local law enforcement agencies, and
self-regulatory organizations authorized
by the SEC and CFTC.
Routine uses of records maintained in
the system, including categories of users
and the purposes of such uses:
(1) Provide information or records,
electronically or manually, to a BSA
Report System User relevant to the
enforcement, regulatory, and
supervisory programs and operations of
that User;
(2) Provide a BSA Report System
User, and if applicable the unit within
an Executive Department to which the
BSA Report System User reports, with
reports that indicate the number,
amount, individual identity of
participants, and other details
concerning events or activities that have
been the subject of a BSA Report;
(3) Provide information or records to
any appropriately authorized domestic
governmental agency or self-regulatory
organization charged with the
responsibility of administering law,
investigating or prosecuting violations
of law, enforcing or implementing a
statute, rule, regulation, order, or policy,
or issuing a license, contract, grant, or
other benefit when relevant to the
responsibilities of that agency or
organization;
(4) Provide information or records to
any appropriately authorized nonUnited States governmental agency
charged with the responsibility of
administering law, investigating or
prosecuting violations of law, enforcing
or implementing a statute, rule,
regulation, order, or policy, when
relevant to the responsibilities of that
agency;
(5) Provide information or records,
when appropriate, to an international
authority or foreign government in
accordance with law and bilateral or
multilateral international agreements;
(6) Disclose relevant information on
individuals to authorized Federal and
State agencies through computer
matching in order to help eliminate
waste, fraud, and abuse in Government
programs and identify individuals who
are potentially in violation of civil law,
criminal law, or regulation;
(7) Disclose the existence, but not
necessarily the content, of information
or records pertaining to an investigation
by a BSA Report System User, on behalf
of and with the approval of that BSA
Report System User, to another BSA
Report System User, when FinCEN
determines that such disclosure furthers
the coordinated analysis and tracking of
information among BSA Report System
Users;
(8) Disclose information to a court,
magistrate, or administrative tribunal in
the course of presenting evidence,
including disclosures to opposing
counsel or witnesses in the course of
civil discovery, litigation, or settlement
negotiations, in response to a subpoena,
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or in connection with criminal law
proceedings;
(9) Provide information to third
parties during the course of an
investigation to the extent necessary to
obtain information pertinent to the
investigation;
(10) In accordance with Executive
Order 12968 (August 2, 1995) as
amended, provide information or
records to any appropriate government
authority to determine eligibility for
access to classified information to the
extent relevant for matters that are by
statute permissible subjects of inquiry;
(11) Provide information or records to
the United States Intelligence
Community, within the meaning of
Executive Order 12333 (December 4,
1981) as amended, to further those
agencies’ efforts with respect to national
security in a manner consistent with
applicable law, and in the conduct of
intelligence or counterintelligence
activities, including analysis, to protect
against international terrorism;
(12) Provide information to the news
media, in accordance with guidelines
contained in 28 CFR 50.2, that relates to
an agency’s functions relating to civil
and criminal proceedings;
(13) Disclose information or records to
any person with whom FinCEN, ECCD,
ECCM, or a BSA Report System User
contracts to provide consulting, data
processing, clerical, secretarial, or other
services relating to the official programs
and operations of FinCEN, ECCD,
ECCM, or the BSA Report System User;
(14) Disclose to the public
information about Money Services
Businesses that have registered with
FinCEN pursuant to 31 CFR 1022.380,
other than information that consists of
trade secrets, or that is privileged and
confidential commercial or financial
information;
(15) Disclose information to
appropriate agencies, entities, and
persons when (a) FinCEN suspects or
has confirmed that the security or
confidentiality of information in the
system of records has been
compromised; (b) FinCEN has
determined that as a result of the
suspected or confirmed compromise
there is a risk of harm to economic or
property interests, identity theft or
fraud, or harm to the security or
integrity of this system or other systems
or programs (whether maintained by
FinCEN or another agency or entity) that
rely upon the compromised
information; and (c) the disclosure made
to such agencies, entities, and persons is
reasonably necessary to assist in
connection with FinCEN’s efforts to
respond to the suspected or confirmed
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compromise and prevent, minimize, or
remedy such harm; and
(16) Provide records to student
volunteers and other individuals not
having the status of agency employees,
if they need access to the records to
perform services as authorized under
law relating to the official programs and
operations of FinCEN. Individuals
provided records under this routine use
are subject to the same requirements
and limitations on disclosure as are
applicable to FinCEN officers and
employees.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are maintained in magnetic
media and other electronic format and
on hard paper copy.
RETRIEVABILITY:
By name and other unique identifier.
SAFEGUARDS:
Electronic records are password
protected. Records are maintained in
buildings subject to 24-hour security.
Access controls will not be less than
those provided by Treasury security
requirements. Access to individuals is
granted based on roles and
responsibilities.
RECORD ACCESS PROCEDURES:
FOR FURTHER INFORMATION CONTACT:
See ‘‘Notification procedure’’ above.
CONTESTING RECORD PROCEDURES:
See ‘‘Notification procedure’’ above.
RECORD SOURCE CATEGORIES:
Records in this system may be
provided by or obtained from:
Individuals; financial institutions and
certain of their affiliates; Federal
Supervisory Agencies; State financial
institution supervisory agencies;
domestic or foreign government
agencies; foreign or international
organizations; and commercial sources.
Pursuant to the provisions of 5 U.S.C.
552a(j)(2) and (k)(2), this system is
exempt from the requirement that the
Record source categories be disclosed.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
This system is exempt from 5 U.S.C.
552a(c)(3), (c)(4), (d)(1), (d)(2), (d)(3),
(d)(4), (e)(1), (e)(2), (e)(3), (e)(4)(G),
(e)(4)(H), (e)(4)(I), (e)(5), (e)(8), (f), and
(g) of the Privacy Act pursuant to 5
U.S.C. 552a(j)(2) and (k)(2). See 31 CFR
1.36.
Dated: March 25, 2014.
Helen Goff Foster,
Deputy Assistant Secretary for Privacy,
Transparency, and Records.
[FR Doc. 2014–08254 Filed 4–11–14; 8:45 am]
BILLING CODE 4810–2P–P
RETENTION AND DISPOSAL:
DEPARTMENT OF THE TREASURY
SYSTEM MANAGER(S) AND ADDRESS:
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Records in this system will be
updated periodically to reflect new
filings, amendments to existing filings,
and disposition of records in accordance
with applicable law and record
retention schedules.
AGENCY:
General Policy: Deputy Director,
Financial Crimes Enforcement Network,
P.O. Box 39, Vienna, Virginia 22183–
0039. Computer Systems Maintenance
and Administration: Director, IRS
Enterprise Computing Center Detroit,
985 Michigan Avenue, Detroit,
Michigan 48226–1129, Director, IRS
Enterprise Computing Center
Martinsburg, 295 Murall Drive,
Kearneysville, West Virginia, 25436,
and Director, Office of Information
Technology, U.S. Customs and Border
Protection, Newington, 7681 Boston
Boulevard, Springfield, Virginia 22153–
3140.
NOTIFICATION PROCEDURE:
This system is exempt from
notification requirements, record access
requirements, and requirements that an
individual be permitted to contest its
contents, pursuant to the provisions of
5 U.S.C. 552a(j)(2) and (k)(2).
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Internal Revenue Service
Proposed Collection; Comment
Request for Form 4797
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice and request for
comments.
The Department of the
Treasury, as part of its continuing effort
to reduce paperwork and respondent
burden, invites the general public and
other Federal agencies to take this
opportunity to comment on proposed
and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995,
Public Law 104–13 (44 U.S.C.
3506(c)(2)(A)). Currently, the IRS is
soliciting comments concerning Form
4797, Sales of Business Property.
DATES: Written comments should be
received on or before June 13, 2014 to
be assured of consideration.
ADDRESSES: Direct all written comments
to Christie A. Preston, Internal Revenue
Service, Room 6129, 1111 Constitution
Avenue NW., Washington, DC 20224.
SUMMARY:
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Requests for additional information or
copies of the form and instructions
should be directed to Gerald J. Shields
at Internal Revenue Service, Room 6129,
1111 Constitution Avenue NW.,
Washington, DC 20224, or through the
internet at Gerald.J.Shields@irs.gov.
SUPPLEMENTARY INFORMATION:
Title: Sales of Business Property.
OMB Number: 1545–0184.
Form Number: 4797.
Abstract: Form 4797 is used by
taxpayers to report sales, exchanges, or
involuntary conversions of assets used
in a trade or business. It is also used to
compute ordinary income from
recapture and the recapture of prior year
losses under section 1231 of the Internal
Revenue Code. In the instructions, the
Worksheet for Partners and S
Corporation Shareholders To Figure
Gain or Loss on Dispositions of Property
for Which a Section 179 Deduction Was
Claimed is located.
Current Actions: There are no changes
being made to the form at this time. The
change in burden is due to changes in
the instructions and agency discretion.
Type of Review: Revision of a
currently approved collection.
Affected Public: Business or other forprofit organizations, individuals or
households, and farms.
Estimated Number of Respondents:
1,993,957.
Estimated Time per Respondent: 42
hours, 2 minutes.
Estimated Total Annual Burden
Hours: 78,852,363.
The following paragraph applies to all
of the collections of information covered
by this notice:
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless the collection of information
displays a valid OMB control number.
Books or records relating to a collection
of information must be retained as long
as their contents may become material
in the administration of any internal
revenue law. Generally, tax returns and
tax return information are confidential,
as required by 26 U.S.C. 6103.
Request for Comments: Comments
submitted in response to this notice will
be summarized and/or included in the
request for OMB approval. All
comments will become a matter of
public record. Comments are invited on:
(a) Whether the collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information shall have practical utility;
(b) the accuracy of the agency’s estimate
of the burden of the collection of
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[Federal Register Volume 79, Number 71 (Monday, April 14, 2014)]
[Notices]
[Pages 20969-20976]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08254]
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DEPARTMENT OF THE TREASURY
Financial Crimes Enforcement Network
Privacy Act of 1974, as Amended; System of Records Notice
AGENCY: Financial Crimes Enforcement Network (FinCEN), Treasury.
ACTION: Notice of alterations of three Privacy Act systems of records.
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SUMMARY: In accordance with the Privacy Act of 1974, as amended, the
Financial Crimes Enforcement Network (``FinCEN''), Department of the
Treasury (``Treasury''), gives notice of proposed alterations to three
existing systems of records entitled ``Treasury/FinCEN .001--FinCEN
Investigations and Examinations System (the ``Investigations and
Examinations System''),'' ``Treasury/FinCEN .002--Suspicious Activity
Report System (the ``SAR System''),'' and ``Treasury/FinCEN .003--Bank
Secrecy Act Reports System (the ``BSA System'').'' The systems of
records were last published in their entirety on October 1, 2012, at 77
FR 60016, 77 FR 60017, and 77 FR 60020, respectively.
DATES: Comments must be received no later than May 14, 2014. This
altered system of records will be effective May 19, 2014 unless the
Department receives comments which would result in a contrary
determination.
ADDRESSES: Written comments should be submitted to: Office of Chief
Counsel, Financial Crimes Enforcement Network, Department of the
Treasury, P.O. Box 39, Vienna, VA 22183-0039, Attention: Revisions to
PA System of Records-Comments. Comments also may be submitted by
electronic mail to the following Internet address:
regcomments@fincen.gov, with the above caption in the body of the text.
Inspection of comments: Comments are available on
www.regulations.gov and are posted when received. Comments may be
inspected at FinCEN between 10 a.m. and 4 p.m., in the FinCEN Reading
Room, Vienna, VA. Persons wishing to inspect the comments submitted
must request an appointment with the Disclosure Officer by telephoning
(703) 905-5034 (not a toll free call).
FOR FURTHER INFORMATION CONTACT: Office of Chief Counsel, FinCEN, at
(703) 905-3590.
SUPPLEMENTARY INFORMATION: FinCEN has conducted a review of its Privacy
Act systems of records for compliance with the Privacy Act (5 U.S.C.
552a) and with Appendix 1 to OMB Circular A-130, ``Federal Agency
Responsibilities for Maintaining Records About Individuals,'' dated
November 30, 2000, and proposes to alter three of its current systems
of records. The Privacy Act requires FinCEN to publish these notices.
The systems of records contain information collected under the
statutory authority of the Bank Secrecy Act, Title I and II of Public
Law 91-508, as amended, and codified at 12 U.S.C. 1829b, 12 U.S.C.
1951-1959, and 31 U.S.C. 5311-5314, 5316-5332, or any other authority
exercised by FinCEN to compel the reporting of records, such as section
104(e) of the Comprehensive Iran Sanctions, Accountability, and
Divestment Act of 2010, Public Law 111-195. These systems of records
may also include information or records that contribute to effective
law enforcement and regulation of financial institutions and non-
financial trades or businesses, including, but not limited to, subject
files on individuals, corporations, and other legal entities. The Bank
Secrecy Act authorizes the Secretary of the Treasury, inter alia, to
require financial institutions and individuals to keep records and file
reports that are determined to have a high degree of usefulness in
criminal, tax, and regulatory matters, or in the conduct of
intelligence or counter-intelligence activities to protect against
international terrorism, and to implement counter-money laundering
programs and compliance procedures. The regulations implementing Title
II of the Bank Secrecy Act appear at 31 CFR chapter X. The Secretary
has delegated his authority to administer the Bank Secrecy Act to the
Director of FinCEN.
Suspicious transaction reporting is required by regulations issued
by FinCEN and the supervisory agencies
[[Page 20970]]
that examine and regulate the safety and soundness of financial
institutions, namely the Board of Governors of the Federal Reserve
System, the Office of the Comptroller of the Currency, the Federal
Deposit Insurance Corporation, and the National Credit Union
Administration (collectively, the ``Federal Supervisory Agencies'').\1\
The requirements of FinCEN and the Federal Supervisory Agencies create
an integrated system for reporting suspicious activity and known or
suspected crimes. Under these requirements, financial institutions file
a single uniform Suspicious Activity Report (a ``SAR'') with FinCEN.
Prior to the development of the integrated SAR filing system, a
financial institution reporting a known or suspected violation of law
was required to file multiple copies of criminal referral forms with
its Federal Supervisory Agency and federal law enforcement agencies.
Each Federal Supervisory Agency had promulgated a different form. Under
the current system, a financial institution meets its obligation to
report a known or suspected violation of law by filing one SAR with
FinCEN.
In the course of its review, FinCEN identified a potential use of
Privacy Act records that may not be clear under the Privacy Act or the
published routine uses. The Privacy Act permits disclosure ``to those
officers and employees of the agency which maintains the record who
have a need for the record in the performance of their duties.'' 5
U.S.C. 552a(b)(1). At FinCEN, student volunteers work on projects
relating to official programs and operations. This sharing is both
appropriate and necessary for the efficient conduct of government. It
is also in the best interest of both the individual and the public
because it enables FinCEN to better administer the information it
maintains and facilitates use of information in accordance with
applicable laws and regulations to further FinCEN's mission. For
example, under 5 U.S.C. 3111, agencies may receive unpaid services from
students; such students are not, however, considered ``employees of the
agency'' for many purposes. Consequently, FinCEN is proposing to add
the following new routine use to each of its system notices:
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\1\ For purposes of this notice, the term ``Financial
Supervisory Agencies'' also includes the now defunct Office of
Thrift Supervision (``OTS'') to the extent that the SAR System
includes information from reports filed pursuant to rules OTS
issued.
Provide records to student volunteers and other individuals not
having the status of agency employees, if they need access to the
records to perform services as authorized under law relating to the
official programs and operations of FinCEN. Individuals provided
records under this routine use are subject to the same requirements
and limitations on disclosure as are applicable to FinCEN officers
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and employees.
This routine use is compatible with the purpose for which the
records are collected because providing the records to student
volunteers and other individuals when performing services as authorized
by law in furtherance of FinCEN's mission is a corollary purpose that
is compatible with the purpose for which the records were originally
collected. Moreover, disclosures under this routine use will enable
FinCEN to better administer the records it maintains and will
facilitate the use of records in accordance with applicable laws and
regulations. The individuals covered by this routine use would be
required to meet the same requirements as FinCEN employees relating to
the protection of Privacy Act records, such as completing privacy and
security training which FinCEN employees currently are required to
complete annually. The Department of the Treasury has published
Department-wide systems of records notices that contain a routine use
allowing student volunteers to view personnel and other Privacy Act
records. FinCEN notes that other agencies also have similar routine
uses in some of their systems notices. The Department of Justice, for
example, has published a routine use that allows its student interns to
access criminal investigative files.
Information in the systems of records may be retrieved by personal
identifier. The Privacy Act requires the Treasury to give general
notice, and opportunity to comment, to the public when making
substantive changes to these Systems. Because FinCEN proposes to add a
new routine use to each of its systems notices, FinCEN is providing
notice and public comment opportunity. The notices were last published
in their entirety on October 1, 2012, beginning at 77 FR 60014.
In accordance with 5 U.S.C. 552a(r), Treasury has provided a report
of this system of records alterations to OMB and to Congress.
For the reasons set forth above, FinCEN proposes to alter the
FinCEN Investigations and Examinations System, the SAR System, and the
BSA System, as follows:
Treasury/FinCEN.001
System name:
FinCEN Investigations and Examinations System--Treasury/FinCEN.
System location:
The Internal Revenue Service Enterprise Computing Center Detroit
(ECCD), 985 Michigan Avenue, Detroit, Michigan 48226-1129; Internal
Revenue Service Enterprise Computing Center Martinsburg (ECCM), 295
Murall Drive, Kearneysville, West Virginia 25436; Bureau of the Public
Debt, P.O. Box 7015, Parkersburg, West Virginia 26106-7015; and
Financial Crimes Enforcement Network (FinCEN), P.O. Box 39, Vienna,
Virginia 22183-0039.
Categories of individuals covered by the system:
(1) Individuals who relate in any manner to official FinCEN efforts
in support of the enforcement of the Bank Secrecy Act and money-
laundering and other financial crimes. Such individuals may include,
but are not limited to, subjects of investigations and prosecutions;
suspects in investigations; victims of such crimes; witnesses in such
investigations and prosecutions; and close relatives and associates of
any of these individuals who may be relevant to an investigation; (2)
current and former FinCEN personnel whom FinCEN considers relevant to
an investigation or inquiry; and (3) individuals who are the subject of
unsolicited information possibly relevant to violations of law or
regulations, who offer unsolicited information relating to such
violations, who request assistance from FinCEN, and who make inquiries
of FinCEN.
Categories of records in the system:
Every possible type of information that contributes to effective
law enforcement and regulation of financial institutions may be
maintained in this system of records, including, but not limited to,
subject files on individuals, corporations, and other legal entities;
information provided pursuant to the Bank Secrecy Act or any other
authority exercised by FinCEN to compel the reporting of records;
information gathered pursuant to search warrants; statements of
witnesses; information relating to past queries of the FinCEN Data
Base; criminal referral information; complaint information; identifying
information regarding witnesses, relatives, and associates;
investigative reports; and intelligence reports. Records include
queries and the results of queries made by FinCEN customers (see
discussions of SAR System Users and BSA Report System Users in the
system of records notices for Suspicious Activity Reporting System--
Treasury/FinCEN.002 and Bank Secrecy Act Reports System--Treasury/
FinCEN.003, respectively), and by FinCEN employees
[[Page 20971]]
on behalf of investigatory agencies, financial intelligence units,
other FinCEN customers, and FinCEN itself.
Authority for maintenance of the system:
5 U.S.C. 301, 31 U.S.C. 5311-5314, 5316-5332; 31 U.S.C. 310; 31 CFR
chapter X; Pub. L. 111-195, 124 Stat. 1312; Treasury Department Order
180-01 (September 26, 2002).
Purpose(s):
The purpose of this system of records is to support FinCEN's
efforts to provide a government-wide, multi-source intelligence and
analytical network to support the detection, investigation, and
prosecution of domestic and international money laundering and other
financial crimes, and other domestic and international criminal, tax,
and regulatory investigations and proceedings, including examinations,
and to support the conduct of intelligence or counterintelligence
activities, including analysis, to protect against international
terrorism. A FinCEN Investigations and Examinations System User is an
agency or organization that has been granted access to the information
in this system.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Records in this system may be used to:
(1) Provide responses to queries from Federal, State, territorial,
and local law enforcement and regulatory agencies, both foreign and
domestic, regarding Bank Secrecy Act and other financial crime
enforcement;
(2) Furnish information to other Federal, State, local,
territorial, and foreign law enforcement and regulatory agencies
responsible for investigating or prosecuting the violations of, or for
enforcing or implementing a statute, rule, regulation, order, or
license, where FinCEN becomes aware of an indication of a violation or
potential violation of civil or criminal law or regulation;
(3) Furnish information to the Department of Defense, to support
its role in the detection and monitoring of aerial and maritime transit
of illegal drugs into the United States and any other role in support
of law enforcement that the law may mandate;
(4) Respond to queries from INTERPOL in accordance with agreed
coordination procedures between FinCEN and INTERPOL;
(5) Furnish information to individuals and organizations, in the
course of enforcement efforts, to the extent necessary to elicit
information pertinent to financial law enforcement;
(6) Furnish information to a court, magistrate, or administrative
tribunal in the course of presenting evidence, including disclosures to
opposing counsel or witnesses in the course of civil discovery,
litigation, or settlement negotiations, in response to a subpoena, or
in connection with civil or criminal law proceedings;
(7) Furnish information to the news media in accordance with the
guidelines contained in 28 CFR 50.2, which relate to civil and criminal
proceedings;
(8) Provide information or records to the United States
Intelligence Community, within the meaning of Executive Order 12333
(December 4, 1981) as amended, to further those agencies' efforts with
respect to national security consistent with applicable law;
(9) Disclose information or records to any person with whom FinCEN,
ECCD, ECCM, or a FinCEN Investigations and Examinations System User
contracts to provide consulting, data processing, clerical, secretarial
functions, and other services relating to the official programs and
operations of FinCEN, ECCD, ECCM, or the FinCEN Investigations and
Examinations System User;
(10) To appropriate agencies, entities, and persons when (a) FinCEN
suspects or has confirmed that the security or confidentiality of
information in the system of records has been compromised; (b) FinCEN
has determined that as a result of the suspected or confirmed
compromise there is a risk of harm to economic or property interests,
identity theft or fraud, or harm to the security or integrity of this
system or other systems or programs (whether maintained by FinCEN or
another agency or entity) that rely upon the compromised information;
and (c) the disclosure made to such agencies, entities, and persons is
reasonably necessary to assist in connection with FinCEN's efforts to
respond to the suspected or confirmed compromise and prevent, minimize,
or remedy such harm; and
(11) Provide records to student volunteers and other individuals
not having the status of agency employees, if they need access to the
records to perform services as authorized under law relating to the
official programs and operations of FinCEN. Individuals provided
records under this routine use are subject to the same requirements and
limitations on disclosure as are applicable to FinCEN officers and
employees.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Magnetic media and other electronic format and on hard paper copy.
Retrievability:
By name, address, or other unique identifier.
Safeguards:
Electronic records are password protected. Records are maintained
in buildings subject to 24-hour security. Access controls will not be
less than those provided by Treasury security requirements. Access to
individuals is granted based on roles and responsibilities.
Retention and disposal:
FinCEN personnel review records in this system each time a record
is retrieved and on a periodic basis to see whether it should be
retained or modified. Records in this system are updated periodically
to reflect disposition of records in accordance with applicable law and
record retention schedules.
System manager(s) and address:
Deputy Director, Financial Crimes Enforcement Network, P.O. Box 39,
Vienna, VA 22183-0039.
Notification procedure:
This system is exempt from notification requirements, record access
requirements, and requirements that an individual be permitted to
contest its contents, pursuant to the provisions of 5 U.S.C.
552a(j)(2), (k)(1), and (k)(2).
Record access procedures:
See ``Notification procedure'' above.
Contesting record procedures:
See ``Notification procedure'' above.
Record source categories:
See ``Categories of individuals covered by the system'' above.
Pursuant to the provisions of 5 U.S.C. 552a(j)(2), (k)(1), and (k)(2),
this system is exempt from the requirement that the record source
categories be disclosed.
Exemptions claimed for the system:
This system is exempt from 5 U.S.C. 552a(c)(3), (c)(4), (d)(1),
(d)(2), (d)(3), (d)(4), (e)(1), (e)(2), (e)(3), (e)(4)(G), (H), and
(I), (e)(5), (e)(8), (f), and (g) of the Privacy Act pursuant to 5
U.S.C. 552a(j)(2), (k)(1), and (k)(2). See 31 CFR 1.36.
[[Page 20972]]
Treasury/FinCEN.002
System name:
Suspicious Activity Report System (the ``SAR System'')--Treasury/
FinCEN.
System location:
The Internal Revenue Service Enterprise Computing Center Detroit
(ECCD), 985 Michigan Avenue, Detroit, Michigan 48226-1129; Internal
Revenue Service Enterprise Computing Center Martinsburg (ECCM), 295
Murall Drive, Kearneysville, West Virginia, 25436; Bureau of the Public
Debt, P.O. Box 7015, Parkersburg, West Virginia, 26106-7015; and
Financial Crimes Enforcement Network (FinCEN), P.O. Box 39, Vienna,
Virginia 22183-0039.
Categories of individuals covered by the system:
The SAR System contains information from forms including, but not
limited to: Form TD F 90-22.47 (Suspicious Activity Report by
Depository Institutions)--to be replaced by FinCEN 111; FinCEN 101
(Suspicious Activity Report by the Securities and Futures Industries);
FinCEN 102 (Suspicious Activity Report by Casinos and Card Clubs)--
formerly TD F 90-22.49; FinCEN 109 (Suspicious Activity Report by Money
Services Business)--formerly TD F 90-22.56. The SAR System also will
contain information from Form 111 (Bank Secrecy Act (BSA) Suspicious
Activity Report), after that unified form for reporting suspicious
activity is made effective.
Information on these forms concerns:
(1) Individuals who or entities that are known or suspected
perpetrators of a known or suspected criminal violation, or pattern of
criminal violations, committed or attempted against a financial
institution, or participants in a transaction or transactions conducted
through the financial institution, that have been reported by the
financial institution, either voluntarily, or because such a report is
required under the rules of FinCEN and/or the rules of one or more of
the Federal Supervisory Agencies.
(2) Individuals who or entities that are participants in
transactions, conducted or attempted by, at, or through a financial
institution, that have been reported because the institution knows,
suspects, or has reason to suspect that: (a) The transaction involves
funds derived from illegal activities or is intended or conducted to
hide or disguise funds or assets derived from illegal activities as
part of a plan to violate or evade any law or regulation or to avoid
any transaction reporting requirement under Federal law; (b) the
transaction is designed to evade any regulations promulgated under Pub.
L. 91-508, as amended, codified at 12 U.S.C. 1829b, 12 U.S.C. 1951-
1959, and 31 U.S.C. 5311-5314, 5316-5332 (the BSA); (c) the transaction
has no business or apparent lawful purpose or is not the sort in which
the particular customer would normally be expected to engage, and the
financial institution knows of no reasonable explanation for the
transaction after examining the available facts, including the
background and possible purpose of the transaction; or (d) the
transaction involves use of the financial institution to facilitate
criminal activity;
(3) Individuals who are directors, officers, employees, agents, or
otherwise affiliated with a financial institution;
(4) Individuals who or entities that are actual or potential
victims of a criminal violation or series of violations;
(5) Individuals who are named as possible witnesses in connection
with matters arising from any such report;
(6) Individuals or entities named as preparers of any such report;
(7) Individuals or entities named as persons to be contacted for
assistance by government agencies in connection with any such report;
(8) Individuals or entities who have or might have information
about individuals or criminal violations described above;
(9) Individuals or entities involved in evaluating or investigating
any matters arising from any such report;
(10) Individuals, entities or organizations suspected of engaging
in terrorist and other criminal activities and any person who may be
affiliated with such individuals, entities or organizations;
(11) Individuals or entities named by financial institutions as
persons to be contacted for further assistance by government agencies
in connection with individuals, entities or organizations suspected of
engaging in terrorist or other criminal activities; and
(12) Individuals or entities involved in evaluating or
investigating any matters in connection with individuals, entities or
organizations suspected of engaging in terrorist or other criminal
activity.
Categories of records in the system:
The SAR System contains information reported to FinCEN by a
financial institution (including, but not limited to, a depository
institution, a money services business, a broker-dealer in securities,
an insurance company, and a casino) on a Suspicious Activity Report
(SAR) that is filed voluntarily or as required by FinCEN, one or more
of the Federal Supervisory Agencies, and/or any other authority. The
SAR System also may contain information that may relate to terrorist or
other criminal activity that is reported voluntarily to FinCEN by any
individual or entity through any other means, including through
FinCEN's Financial Institutions Hotline. The SAR System also may
contain information relating to individuals, entities, or organizations
that, based on credible evidence, are suspected of engaging in
terrorist or other criminal activities, including information provided
to FinCEN from financial institutions regarding such individuals,
entities, or organizations. SARs contain information about the
categories of persons or entities specified in ``Categories of
Individuals Covered by the System.''
Authority for maintenance of the system:
The SAR System is established and maintained in accordance with 31
U.S.C. 5318(g); 31 U.S.C. 321; and 31 U.S.C. 310; 31 CFR chapter X;
Treasury Department Order 180-01 (September 26, 2002).
Purpose(s):
The SAR requirements of FinCEN and the Federal Supervisory Agencies
create an integrated process for reporting suspicious activity and
known or suspected crimes by, at, or through depository institutions,
certain of their affiliates, and certain other financial institutions.
The process is based on a single, uniform SAR filed with FinCEN. The
SAR System has been created, as a key part of this integrated reporting
process, to permit coordinated and enhanced analysis and tracking of
such information, and rapid dissemination of SAR information. 31 U.S.C.
5318(g)(4)(B), which specifically requires that the agency designated
as the repository for SARs refer those reports to appropriate law
enforcement, supervisory and intelligence agencies, and 31 U.S.C. 5319
and 31 U.S.C. 310, which require or permit the distribution of reports
filed under the Bank Secrecy Act to federal, state and local agencies
that engage in criminal, regulatory and tax investigations and
proceedings, agencies that engage in intelligence and
counterintelligence activities, including analysis, to protect against
international terrorism, certain self-regulatory organizations,
appropriate foreign agencies, and foreign financial intelligence units.
A SAR System User is an agency or organization that has been granted
access to the information in this system. SAR System Users include the
Federal Supervisory Agencies, Federal law enforcement
[[Page 20973]]
agencies (including the Federal Bureau of Investigation, the Internal
Revenue Service, the United States Secret Service, United States
Customs and Border Protection, United States Immigration and Customs
Enforcement, the Drug Enforcement Administration, and the Bureau of
Alcohol, Tobacco, Firearms and Explosives), appropriate federal agency
Inspector General Offices having criminal law enforcement powers under
the Inspector General Act of 1978 or comparable authority, the
Executive Office of the United States Attorneys and the Offices of the
93 United States Attorneys, the Securities and Exchange Commission
(SEC), the Commodity Futures Trading Commission (CFTC), the Federal
Trade Commission, the Intelligence Community, federal agencies
conducting or supporting national security background investigations
under Executive Order 12968 as amended, the Government Accountability
Office, State financial institution supervisory and regulatory
agencies, State tax agencies, State and local law enforcement agencies,
and self-regulatory organizations authorized by the SEC and CFTC.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
These records may be used to:
(1) Provide information or records, electronically or manually, to
a SAR System User relevant to the enforcement, regulatory, and
supervisory programs and operations of that User;
(2) Provide a SAR System User, and if applicable the unit within an
Executive Department to which the SAR System User reports, with reports
that indicate the number, amount, individual identity, and other
details concerning potential violations of law that have been the
subject of SARs;
(3) Provide information or records to any appropriately authorized
domestic governmental agency or self-regulatory organization charged
with the responsibility of administering law, investigating or
prosecuting violations of law, enforcing or implementing a statute,
rule, regulation, order, or policy, or issuing a license, security
clearance, contract, grant, or benefit, when relevant to the
responsibilities of that agency or organization;
(4) Provide information or records to any appropriately authorized
non-United States governmental agency charged with the responsibility
of administering law, investigating or prosecuting violations of law,
enforcing or implementing a statute, rule, regulation, order, or
policy, when relevant to the responsibilities of that agency;
(5) Provide information or records, when appropriate, to an
international authority or foreign government in accordance with law
and bilateral or multilateral international agreements;
(6) Disclose the existence, but not necessarily the content, of
information or records pertaining to an investigation by a SAR System
User, on behalf of and with the approval of that SAR System User, to
another SAR System User, when FinCEN determines that such disclosure
furthers the coordinated analysis and tracking of information among SAR
System Users;
(7) Provide information or records to the Department of Justice, or
in a proceeding before a court, adjudicative body, or other
administrative body before which a SAR System User is authorized to
appear, when: (a) Any of the following is a party to litigation or has
an interest in litigation: (i) The SAR System User or any component
thereof, or (ii) any employee of the SAR System User in his or her
official capacity, or (iii) any employee of the SAR System User where
the Department of Justice or the SAR System User has agreed to
represent the employee, or (iv) the United States; and (b) the SAR
System User determines that litigation is likely to affect the SAR
System User or any of its components; (c) the SAR System User deems the
use of such records by the Department of Justice or the SAR System User
to be relevant and necessary to the litigation; provided, however, that
in each case it has been determined that the disclosure is compatible
with the purpose for which the records were collected;
(8) Disclose information or records to individuals or entities to
the extent necessary to elicit information pertinent to the
investigation, prosecution, or enforcement of civil or criminal
statutes, rules, regulations, or orders;
(9) In accordance with Executive Order 12968 (August 2, 1995) as
amended, provide information or records to any appropriate government
authority to determine eligibility for access to classified information
to the extent relevant for matters that are by statute permissible
subjects of inquiry;
(10) Provide information or records to the United States
Intelligence Community, within the meaning of Executive Order 12333
(December 4, 1981) as amended, to further those agencies' efforts with
respect to national security in a manner consistent with applicable law
and in the conduct of intelligence or counterintelligence activities,
including analysis, to protect against international terrorism;
(11) Furnish analytic and statistical reports to government
agencies and the public providing information derived from SARs in a
form in which individual identities are not revealed;
(12) Disclose information or records to any person with whom
FinCEN, ECCD, ECCM, or a SAR System User contracts to provide
consulting, data processing, clerical, secretarial, or other services
relating to the official programs and operations of FinCEN, ECCD, ECCM,
or the SAR System User;
(13) Disclose information to appropriate agencies, entities, and
persons when (a) FinCEN suspects or has confirmed that the security or
confidentiality of information in the system of records has been
compromised; (b) FinCEN has determined that as a result of the
suspected or confirmed compromise there is a risk of harm to economic
or property interests, identity theft or fraud, or harm to the security
or integrity of this system or other systems or programs (whether
maintained by FinCEN or another agency or entity) that rely upon the
compromised information; and (c) the disclosure made to such agencies,
entities, and persons is reasonably necessary to assist in connection
with FinCEN's efforts to respond to the suspected or confirmed
compromise and prevent, minimize, or remedy such harm; and
(14) Provide records to student volunteers and other individuals
not having the status of agency employees, if they need access to the
records to perform services as authorized under law relating to the
official programs and operations of FinCEN. Individuals provided
records under this routine use are subject to the same requirements and
limitations on disclosure as are applicable to FinCEN officers and
employees.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records are maintained in magnetic media and other electronic
format and on hard paper copy.
Retrievability:
Data in the SAR System may be retrieved by particular data fields
(e.g., name of financial institution or holding company, type of
suspected violation, individual suspect name, witness name, and name of
individual authorized to discuss the referral with government
officials) or by the use of search and selection criteria.
[[Page 20974]]
Safeguards:
Electronic records are password protected. Records are maintained
in buildings subject to 24-hour security. Access controls will not be
less than those provided by Treasury security requirements. Access to
individuals is granted based on roles and responsibilities.
Retention and disposal:
Records in this system will be updated periodically to reflect new
filings, amendments to existing filings, and disposition of records in
accordance with applicable law and record retention schedules.
System manager(s) and address:
General Policy: Deputy Director, Financial Crimes Enforcement
Network, P.O. Box 39, Vienna, Virginia 22183- 0039. Computer Systems
Maintenance and Administration: Director, IRS Enterprise Computing
Center Detroit, 985 Michigan Avenue, Detroit, Michigan 48226-1129 and
Director, IRS Enterprise Computing Center Martinsburg, 295 Murall
Drive, Kearneysville, West Virginia, 25436.
Notification procedure:
This system is exempt from notification requirements, record access
requirements, and requirements that an individual be permitted to
contest its contents, pursuant to the provisions of 5 U.S.C. 552a(j)(2)
and (k)(2).
Record access procedures:
See ``Notification procedure'' above.
Contesting record procedures:
See ``Notification procedure'' above.
Record source categories:
Records in this system may be provided by or obtained from:
individuals; financial institutions and certain of their affiliates;
Federal Supervisory Agencies; State financial institution supervisory
agencies; domestic or foreign government agencies; foreign or
international organizations; and commercial sources. Pursuant to the
provisions of 5 U.S.C. 552a(j)(2) and (k)(2), this system is exempt
from the requirement that the record source categories be disclosed.
Exemptions claimed for the system:
This system is exempt from 5 U.S.C. 552a(c)(3), (c)(4), (d)(1),
(d)(2), (d)(3), (d)(4), (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H),
(e)(4)(I), (e)(5), (e)(8), (f), and (g) of the Privacy Act pursuant to
5 U.S.C. 552a(j)(2) and (k)(2). See 31 CFR 1.36.
Treasury/FinCEN.003
System name:
Bank Secrecy Act Reports System (the ``BSA System'')--Treasury/
FinCEN.
System location:
Currency and Banking Retrieval System, Internal Revenue Service
Enterprise Computing Center Detroit (ECCD), 985 Michigan Avenue,
Detroit, Michigan 48226-1129; Internal Revenue Service Enterprise
Computing Center Martinsburg (ECCM), 295 Murall Drive, Kearneysville,
West Virginia, 25436; Bureau of the Public Debt, P.O. Box 7015,
Parkersburg, West Virginia, 26106-7015; Treasury Enforcement
Communications System, United States Customs and Border Protection,
Newington, 7681 Boston Boulevard, Springfield, Virginia 22153-3140; and
Financial Crimes Enforcement Network (FinCEN), P.O. Box 39, Vienna,
Virginia 22183-0039.
Categories of individuals covered by the system:
See persons identified in the reports specified below under
``Categories of Records in the System.'' Specifically, the BSA System
contains information from forms including, but not limited to: FinCEN
Form 104 (Currency Transaction Report)--formerly IRS Form 4789; FinCEN
Form 103 (Currency Transaction Report by Casinos)-- formerly IRS Form
8362; FinCEN Form 103N-rescinded 1/7/07 (Currency Transaction Report by
Casinos-Nevada)--formerly IRS Form 8852; FinCEN Form 8300 (Report of
Cash Payments Over $10,000 Received in a Trade or Business)-- formerly
IRS Form 8300; FinCEN Form 105 (Report of International Transportation
of Currency or Monetary Instruments)--formerly Customs Form 4790;
Treasury Form TDF 90-22.1 (Report of Foreign Bank and Financial
Accounts); FinCEN Form 110 (Designation of Exempt Person)-- formerly
Treasury Form TDF 90-22.53; and FinCEN Form 107 (Registration of Money
Services Businesses)--formerly Treasury Form TDF 90-22.55 (collectively
BSA Reports); and Form 112 (Bank Secrecy Act Currency Transaction
Report), after that unified form reporting transactions in currency is
made effective.
Information on these forms concerns: (1) Individuals or entities
filing the reports; (2) individuals or entities that are the subjects
of these reports; (3) individuals or entities that are participants in
reportable transactions; (4) individuals who are directors, officers,
employees, agents, or otherwise affiliated with a financial
institution; (5) individuals or entities names as preparers of any such
report; (6) individuals named as the owners of monetary instruments;
and (7) individuals named as owners of financial accounts.
Categories of records in the system:
The BSA System contains information or reports filed under the Bank
Secrecy Act and its implementing regulations (31 CFR chapter X)
including, but not limited to, reports made on FinCEN Form 104
(Currency Transaction Report); FinCEN Form 103 (Currency Transaction
Report by Casinos); FinCEN Form 103N (Currency Transaction Report by
Casinos-Nevada); FinCEN Form 8300 (Report of Cash Payments Over $10,000
Received in a Trade or Business); FinCEN Form 105 (Report of
International Transportation of Currency or Monetary Instruments);
Treasury Form TDF 90-22.1 (Report of Foreign Bank and Financial
Accounts); FinCEN Form 110 (Designation of Exempt Person); and FinCEN
Form 107 (Registration of Money Services Businesses) (collectively BSA
Reports). The BSA System also will contain information from Form 112
(Bank Secrecy Act Currency Transaction Report), after that unified form
reporting transactions in currency is made effective. These reports
include names of financial institutions (including, but not limited to,
depository institutions, money services businesses, broker-dealers in
securities, insurance companies, and casinos), individuals and other
entities filing the reports, names of financial institutions,
individuals and entities that are the subjects of the reports, names of
the owners of monetary instruments, account numbers, addresses, dates
of birth and other personal identifiers, and the amounts of funds,
currency or other monetary instruments that are associated with
transactions, events, circumstances or decisions that trigger reporting
requirements. (This system does not include Suspicious Activity
Reports. Those reports are included in another system of records,
``Suspicious Activity Reporting System--Treasury/FinCEN.002'').
Authority for maintenance of the system:
The BSA Report System is established and maintained in accordance
with 12 U.S.C. 1829b and 1951-1959; 31 U.S.C. 5311-5314, 5316-5332; 5
U.S.C. 301; 31 U.S.C. 310; 31 CFR chapter X; Treasury Department Order
180-01 (September 26, 2002).
[[Page 20975]]
Purpose(s):
The Bank Secrecy Act, codified at 12 U.S.C. 1829b and 1951-1959 and
31 U.S.C. 5311-5314, 5316-5332 authorizes the Secretary of the Treasury
to issue regulations requiring records and reports that are determined
to have a high degree of usefulness in criminal, tax, and regulatory
investigations and examinations, or in the conduct of intelligence or
counterintelligence activities, including analysis, to protect against
international terrorism. The Secretary's authority has been implemented
through regulations promulgated at 31 CFR chapter X. The purpose of
this system of records is to maintain the information contained in the
reports required under these regulations. This information is
distributed to federal, state and local agencies that engage in
criminal, regulatory and tax investigations and proceedings, agencies
that engage in intelligence and counterintelligence activities, certain
self-regulatory organizations, appropriate foreign agencies, and
foreign financial intelligence units. A BSA Report Systems User is an
agency or organization that has been granted access to the information
in this system. BSA Report System Users include the Federal Supervisory
Agencies, Federal law enforcement agencies (including the Federal
Bureau of Investigation, the Internal Revenue Service, the United
States Secret Service, United States Customs and Border Protection,
United States Immigration and Customs Enforcement, the Drug Enforcement
Administration, and the Bureau of Alcohol, Tobacco, Firearms and
Explosives), appropriate federal agency Inspector General Offices
having criminal law enforcement powers under the Inspector General Act
of 1978 or comparable authority, the Executive Office of the United
States Attorneys and the Offices of the 93 United States Attorneys, the
Securities and Exchange Commission (SEC), the Commodity Futures Trading
Commission (CFTC), the Federal Trade Commission, the Intelligence
Community, federal agencies conducting or supporting national security
background investigations under Executive Order 12968 as amended, the
Government Accountability Office, State financial institution
supervisory and regulatory agencies, State tax agencies, State and
local law enforcement agencies, and self-regulatory organizations
authorized by the SEC and CFTC.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
These records may be used to:
(1) Provide information or records, electronically or manually, to
a BSA Report System User relevant to the enforcement, regulatory, and
supervisory programs and operations of that User;
(2) Provide a BSA Report System User, and if applicable the unit
within an Executive Department to which the BSA Report System User
reports, with reports that indicate the number, amount, individual
identity of participants, and other details concerning events or
activities that have been the subject of a BSA Report;
(3) Provide information or records to any appropriately authorized
domestic governmental agency or self-regulatory organization charged
with the responsibility of administering law, investigating or
prosecuting violations of law, enforcing or implementing a statute,
rule, regulation, order, or policy, or issuing a license, contract,
grant, or other benefit when relevant to the responsibilities of that
agency or organization;
(4) Provide information or records to any appropriately authorized
non-United States governmental agency charged with the responsibility
of administering law, investigating or prosecuting violations of law,
enforcing or implementing a statute, rule, regulation, order, or
policy, when relevant to the responsibilities of that agency;
(5) Provide information or records, when appropriate, to an
international authority or foreign government in accordance with law
and bilateral or multilateral international agreements;
(6) Disclose relevant information on individuals to authorized
Federal and State agencies through computer matching in order to help
eliminate waste, fraud, and abuse in Government programs and identify
individuals who are potentially in violation of civil law, criminal
law, or regulation;
(7) Disclose the existence, but not necessarily the content, of
information or records pertaining to an investigation by a BSA Report
System User, on behalf of and with the approval of that BSA Report
System User, to another BSA Report System User, when FinCEN determines
that such disclosure furthers the coordinated analysis and tracking of
information among BSA Report System Users;
(8) Disclose information to a court, magistrate, or administrative
tribunal in the course of presenting evidence, including disclosures to
opposing counsel or witnesses in the course of civil discovery,
litigation, or settlement negotiations, in response to a subpoena, or
in connection with criminal law proceedings;
(9) Provide information to third parties during the course of an
investigation to the extent necessary to obtain information pertinent
to the investigation;
(10) In accordance with Executive Order 12968 (August 2, 1995) as
amended, provide information or records to any appropriate government
authority to determine eligibility for access to classified information
to the extent relevant for matters that are by statute permissible
subjects of inquiry;
(11) Provide information or records to the United States
Intelligence Community, within the meaning of Executive Order 12333
(December 4, 1981) as amended, to further those agencies' efforts with
respect to national security in a manner consistent with applicable
law, and in the conduct of intelligence or counterintelligence
activities, including analysis, to protect against international
terrorism;
(12) Provide information to the news media, in accordance with
guidelines contained in 28 CFR 50.2, that relates to an agency's
functions relating to civil and criminal proceedings;
(13) Disclose information or records to any person with whom
FinCEN, ECCD, ECCM, or a BSA Report System User contracts to provide
consulting, data processing, clerical, secretarial, or other services
relating to the official programs and operations of FinCEN, ECCD, ECCM,
or the BSA Report System User;
(14) Disclose to the public information about Money Services
Businesses that have registered with FinCEN pursuant to 31 CFR
1022.380, other than information that consists of trade secrets, or
that is privileged and confidential commercial or financial
information;
(15) Disclose information to appropriate agencies, entities, and
persons when (a) FinCEN suspects or has confirmed that the security or
confidentiality of information in the system of records has been
compromised; (b) FinCEN has determined that as a result of the
suspected or confirmed compromise there is a risk of harm to economic
or property interests, identity theft or fraud, or harm to the security
or integrity of this system or other systems or programs (whether
maintained by FinCEN or another agency or entity) that rely upon the
compromised information; and (c) the disclosure made to such agencies,
entities, and persons is reasonably necessary to assist in connection
with FinCEN's efforts to respond to the suspected or confirmed
[[Page 20976]]
compromise and prevent, minimize, or remedy such harm; and
(16) Provide records to student volunteers and other individuals
not having the status of agency employees, if they need access to the
records to perform services as authorized under law relating to the
official programs and operations of FinCEN. Individuals provided
records under this routine use are subject to the same requirements and
limitations on disclosure as are applicable to FinCEN officers and
employees.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records are maintained in magnetic media and other electronic
format and on hard paper copy.
Retrievability:
By name and other unique identifier.
Safeguards:
Electronic records are password protected. Records are maintained
in buildings subject to 24-hour security. Access controls will not be
less than those provided by Treasury security requirements. Access to
individuals is granted based on roles and responsibilities.
Retention and disposal:
Records in this system will be updated periodically to reflect new
filings, amendments to existing filings, and disposition of records in
accordance with applicable law and record retention schedules.
System manager(s) and address:
General Policy: Deputy Director, Financial Crimes Enforcement
Network, P.O. Box 39, Vienna, Virginia 22183- 0039. Computer Systems
Maintenance and Administration: Director, IRS Enterprise Computing
Center Detroit, 985 Michigan Avenue, Detroit, Michigan 48226-1129,
Director, IRS Enterprise Computing Center Martinsburg, 295 Murall
Drive, Kearneysville, West Virginia, 25436, and Director, Office of
Information Technology, U.S. Customs and Border Protection, Newington,
7681 Boston Boulevard, Springfield, Virginia 22153-3140.
Notification procedure:
This system is exempt from notification requirements, record access
requirements, and requirements that an individual be permitted to
contest its contents, pursuant to the provisions of 5 U.S.C. 552a(j)(2)
and (k)(2).
Record access procedures:
See ``Notification procedure'' above.
Contesting record procedures:
See ``Notification procedure'' above.
Record source categories:
Records in this system may be provided by or obtained from:
Individuals; financial institutions and certain of their affiliates;
Federal Supervisory Agencies; State financial institution supervisory
agencies; domestic or foreign government agencies; foreign or
international organizations; and commercial sources. Pursuant to the
provisions of 5 U.S.C. 552a(j)(2) and (k)(2), this system is exempt
from the requirement that the Record source categories be disclosed.
Exemptions claimed for the system:
This system is exempt from 5 U.S.C. 552a(c)(3), (c)(4), (d)(1),
(d)(2), (d)(3), (d)(4), (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H),
(e)(4)(I), (e)(5), (e)(8), (f), and (g) of the Privacy Act pursuant to
5 U.S.C. 552a(j)(2) and (k)(2). See 31 CFR 1.36.
Dated: March 25, 2014.
Helen Goff Foster,
Deputy Assistant Secretary for Privacy, Transparency, and Records.
[FR Doc. 2014-08254 Filed 4-11-14; 8:45 am]
BILLING CODE 4810-2P-P
