Agency Information Collection Activities; Proposed Renewal; Comment Request; Renewal Without Change of Reports of Foreign Financial Accounts Regulations and FinCEN Form 114, Report of Foreign Bank and Financial Accounts, 54397-54399 [2023-17092]

Download as PDF Federal Register / Vol. 88, No. 153 / Thursday, August 10, 2023 / Notices 54397 SPECIAL PERMITS DATA—Continued Application No. Applicant Regulation(s) affected Nature of the special permits thereof 21588–N ....... Ford Motor Company .............. 173.185(h) ............................... 21589–N ....... Department of Energy ............. 172.400(b), 173.302a(a)(1), 173.56(b). 21593–N ....... Livent USA Corp ..................... Parts 172, 173 ......................... 21598–N ....... ME Logistic Services GmbH & Co.KG. Air Liquide Electronics U.S. LP 173.185(e) ............................... 21602–N ....... Sharpsville Container Corporation. 178.601(k)(1)(i) ........................ 21605–N ....... The United States Department of Air Force. 172.101 ................................... 21608–N ....... Columbiana Boiler Company, LLC. 178.274(b), 178.275(a), 178.276(b)(1), 180.605(d). 21609–N ....... Polaris Industries Inc ............... 172.101(j) ................................ 21611–N ....... Cenergy Solutions Inc ............. 172.101(a), 173.302 ................ To authorize the transportation in commerce of lithium ion batteries exceeding 35 kg aboard cargo-only aircraft. (mode 4) To authorize the transportation in commerce of certain hazardous materials in non-DOT specification pressure vessels that are equipped with a valve with a Class 1 component that has not be classified in accordance with 49 CFR 173.56(b). (mode 1) To authorize the transportation in commerce of certain hazardous materials between applicant facilities (distances of less than one mile) without being subject to Parts 172 and 173 of the Hazardous Materials Regulations. (mode 1) To authorize the shipment of low production batteries exceeding the quantity limitation. (modes 1, 4) To authorize the transportation in commerce of specification DOT 3A480 cylinders with valve assemblies that have been repaired using an alternate method. (mode 1) To authorize the manufacture, mark, sale, and use of UN specification steel drums, other than stainless steel drums, that have been tested in the same manner as stainless steel drums. (mode 1) To authorize the transportation of batteries containing acid or alkali, battery acid fluid, non-spillable wet batteries, and lithium ion batteries (including those packed with or in equipment) on the same vehicle, without being subject to certain requirements of the Hazardous Materials Regulations. (mode 4) To authorize the transportation in commerce of non-DOT specification portable tanks for the transportation in commerce of certain toxic or corrosive hazardous materials. (modes 1, 4) To authorize the transportation in commerce of lithium batteries exceeding 35 kg by cargo-only aircraft. (mode 4) To authorize the transportation in commerce of methane contained in MC–331 cargo tanks via highway. (mode 1) 21601–N ....... [FR Doc. 2023–17099 Filed 8–9–23; 8:45 am] BILLING CODE 4910–60–P DEPARTMENT OF THE TREASURY Financial Crimes Enforcement Network Agency Information Collection Activities; Proposed Renewal; Comment Request; Renewal Without Change of Reports of Foreign Financial Accounts Regulations and FinCEN Form 114, Report of Foreign Bank and Financial Accounts Financial Crimes Enforcement Network (FinCEN), Treasury. ACTION: Notice and request for comments. ddrumheller on DSK120RN23PROD with NOTICES1 AGENCY: As part of its continuing effort to reduce paperwork and respondent burden, FinCEN invites comment on a renewal, without change, of existing information collection requirements concerning reports of foreign financial accounts and FinCEN Form 114, Report of Foreign Bank and Financial Accounts (FBAR). This request for comments is SUMMARY: VerDate Sep<11>2014 17:28 Aug 09, 2023 Jkt 259001 173.3(e)(1) ............................... made pursuant to the Paperwork Reduction Act of 1995 (PRA). DATES: Written comments are welcome and must be received on or before October 10, 2023 ADDRESSES: Comments may be submitted by any of the following methods: • Federal E-rulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. Refer to Docket Number FINCEN–2023– 0008 and the Office of Management and Budget (OMB) control number 1506– 0009. • Mail: Policy Division, Financial Crimes Enforcement Network, P.O. Box 39, Vienna, VA 22183. Refer to Docket Number FINCEN–2023–0008 and OMB control number 1506–0009. Please submit comments by one method only. Comments will be reviewed consistent with the PRA 1 and applicable OMB regulations and guidance. All comments submitted in response to this notice will become a matter of public record. Therefore, you 1 Public PO 00000 Law 104–13, 44 U.S.C. 3506(c)(2)(A). Frm 00109 Fmt 4703 Sfmt 4703 should submit only information that you wish to make publicly available. FOR FURTHER INFORMATION CONTACT: FinCEN’s Regulatory Support Section (RSS) at 1–800–767–2825 or electronically at frc@fincen.gov. SUPPLEMENTARY INFORMATION: I. Statutory and Regulatory Provisions The legislative framework generally referred to as the Bank Secrecy Act (BSA) consists of the Currency and Foreign Transactions Reporting Act of 1970, as amended by the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), Public Law 107– 56 (October 26, 2001), and other legislation, including the Anti-Money Laundering Act of 2020 (AML Act).2 The BSA is codified at 12 U.S.C. 1829b, 12 U.S.C. 1951–1960, and 31 U.S.C. 5311–5314 and 5316–5336, and notes 2 The AML Act was enacted as Division F, sections 6001–6511, of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, Public Law 116–283, 134 stat. 3388 (2021). E:\FR\FM\10AUN1.SGM 10AUN1 54398 Federal Register / Vol. 88, No. 153 / Thursday, August 10, 2023 / Notices ddrumheller on DSK120RN23PROD with NOTICES1 thereto, with implementing regulations at 31 CFR chapter X. The BSA authorizes the Secretary of the Treasury (the ‘‘Secretary’’), inter alia, to require financial institutions to keep records and file reports that are determined to have a high degree of usefulness in criminal, tax, or regulatory matters, risk assessments or proceedings, or in the conduct of intelligence or counter-intelligence activities to protect against international terrorism, and to implement AML programs and compliance procedures.3 Regulations implementing the BSA appear at 31 CFR chapter X. The authority of the Secretary to administer the BSA has been delegated to the Director of FinCEN.4 Under 31 U.S.C. 5314, the Secretary ‘‘shall require a resident or citizen of the United States or a person in, and doing business in, the United States, to . . . keep records and file reports, when the resident, citizen, or person makes a transaction or maintains a relation for any person with a foreign financial agency.’’ The term ‘‘foreign financial agency’’ encompasses the activities found in the statutory definition of ‘‘financial agency,’’ 5 notably, ‘‘a person acting for a person as a financial institution, bailee, depository trustee, or agent, or acting in a similar way related to money, credit, securities, gold, or a transaction in money, credit, securities, or gold.’’ 6 The Secretary is also authorized to prescribe exemptions to the reporting requirement and to prescribe other matters the Secretary considers necessary to carry out 31 U.S.C. 5314. The regulations implementing 31 U.S.C. 5314 appear at 31 CFR 1010.350, 1010.306, and 1010.420. Section 1010.350 generally requires each U.S. person having a financial interest in, or signature or other authority over, a bank, securities, or other financial account in a foreign country to report such relationship to the Commissioner of Internal Revenue for each year such relationship exists, and to provide and 3 Section 358 of the USA PATRIOT Act expanded the purpose of the BSA by including a reference to reports and records ‘‘that have a high degree of usefulness in intelligence or counterintelligence activities to protect against international terrorism.’’ Section 6101 of the AML Act further expanded the purpose of the BSA to cover such matters as preventing money laundering, tracking illicit funds, assessing risk, and establishing appropriate frameworks for information sharing. 4 Treasury Order 180–01 (Jan. 14, 2020). 5 31 U.S.C. 5312(b)(2). 6 See 31 U.S.C. 5312(a)(1), which exempts from the definition of financial agency a person acting for a country, a monetary or financial authority acting as a monetary or financial authority, or an international financial institution of which the United States Government is a member. VerDate Sep<11>2014 17:28 Aug 09, 2023 Jkt 259001 report such information specified in a reporting form prescribed under 31 U.S.C. 5314. The FBAR is used to file the information required by this section and must be filed electronically with FinCEN.7 31 CFR 1010.306(c) requires the FBAR to be filed for foreign financial accounts exceeding $10,000 maintained during the previous calendar year. No FBAR is required to be filed if the aggregate value of foreign financial accounts did not exceed $10,000 at any time during the previous calendar year. The FBAR must be filed on or before April 15 of each calendar year for accounts maintained during the previous calendar year.8 31 CFR 1010.420 outlines the recordkeeping requirements associated with foreign financial accounts required to be reported under section 1010.350. Specifically, filers must retain records of such accounts, to include type of account, account number, name of foreign financial institution maintaining the account, address of the foreign financial institution, and maximum value of the account during the calendar year, for a period of five years and make the records available for inspection as authorized by law. II. Paperwork Reduction Act of 1995 Title: Reports of foreign financial accounts (31 CFR 1010.350), records to be made and retained by persons having financial interests in foreign financial accounts (31 CFR 1010.420), filing of reports (31 CFR 1010.306(c)), and FinCEN Form 114—FBAR. OMB Control Number: 1506–0009. Form Number: FinCEN Form 114— FBAR. Abstract: FinCEN is issuing this notice to renew the OMB control number for the FBAR regulations and form. Affected Public: Individuals, businesses or other for-profit institutions, and non-profit institutions that qualify as U.S. persons. 7 Formerly Form TD–F 90–22.1. FinCEN Form 114 can be completed by accessing FinCEN’s BSA E-Filing System website at https:// bsaefiling.fincen.treas.gov/main.html. 8 In accordance with section 2006(b)(11) of Public Law 114–41, the filing due date for the report is April 15 effective as of the 2016 reporting year. The statute permits the Secretary to extend the filing due date for up to six months. Filers who submit complete and accurate reports to FinCEN no later than October 15 of the year the report is due will be deemed to have timely filed. FinCEN issued a statement on its website in 2016 noting the FBAR date change as a result of the statutory change. FinCEN intends to revise the FBAR regulations at 31 CFR 1010.306(c) to reflect the statutory date change. PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 Type of Review: Renewal without change of a currently approved information collection. Frequency: Annual. Estimated Number of Respondents: 1,503,807 FBAR filers.9 Estimated Reporting and Recordkeeping Burden: The estimated average burden associated with the FBAR reporting and recordkeeping requirements will vary depending on the number of reportable foreign financial accounts and the applicability of special rules provided in the regulations which provide some relief from the full scope of the reporting obligations.10 The information required to be reported on the FBAR is basic information U.S. persons will have received on account statements from the foreign financial institutions where the accounts are opened and maintained. Those statements will provide a U.S. person with the information needed to complete and file the FBAR. No special accounting or legal skills are necessary to transfer the basic information required to be reported, such as the name of the foreign financial institution, the type of account, and the account number, to the FBAR. The special rules located at 31 CFR 1010.350(g) provide a variety of relief to FBAR filers by (1) limiting the information reported in the FBAR to the number of accounts and certain other basic identifying information, if the filer has a financial interest in, or signature or other authority over, 25 or more reportable accounts; (2) allowing for entities to file consolidated FBARs on their own behalf and on behalf of entities for which they have a direct or indirect ownership interest of over 50 percent; and (3) exempting reporting of foreign financial interest in accounts involving certain trust and retirement plans. However, filers reporting financial interest in, or signature authority over, 25 or more foreign financial accounts are required to maintain a record of the detailed account information on each of their foreign financial accounts, including the account number, the name of the foreign financial institution that holds the account, the address of the foreign financial institution, the maximum value of the account during the calendar year, and the type of account.11 9 The total number of FBARs filed in 2022 for foreign financial accounts held during calendar year 2021 is 1,503,807. Multiple foreign financial accounts may be reported on a single FBAR. 10 31 CFR 1010.350(g). 11 Filers availing themselves of special rules under 31 CFR 1010.350(g)(1) and (2) involving 25 or more reportable foreign financial accounts are E:\FR\FM\10AUN1.SGM 10AUN1 ddrumheller on DSK120RN23PROD with NOTICES1 Federal Register / Vol. 88, No. 153 / Thursday, August 10, 2023 / Notices For the reasons noted above, FinCEN estimates that the approximate FBAR reporting burden will vary depending on the number of reportable foreign financial accounts and will range from approximately 20 minutes to 90 minutes. FinCEN estimates the average reporting burden per FBAR filer will be 55 minutes. Past estimates of the FBAR recordkeeping requirement took into account time to store paper copies of the FBAR form and estimated that the approximate recordkeeping burden was 30 minutes. Since 2011, FBARs have been filed electronically. Electronically filing the FBAR allows a filer to save an electronic copy of the report, which satisfies the recordkeeping part of the requirement. FinCEN estimates it would take a filer five minutes to save an electronic copy of the FBAR. In addition to maintaining a copy of the form, those filers who take advantage of the special rules related to financial interests in or signature authority over 25 or more accounts would be required to respond to requests for detailed information on those accounts. However, FinCEN believes that in most cases, such information would be maintained by filers in the ordinary course of business in the form of periodic account statements and other business records which would be maintained mostly electronically. There is no requirement in the FBAR regulations to maintain such information in any particular format. For these reasons, FinCEN estimates that the FBAR recordkeeping burden will be approximately five minutes. FinCEN estimates the total annual reporting and recordkeeping burden per FBAR filer will be one hour (55 minutes for FBAR reporting, and five minutes for FBAR recordkeeping). Estimated Total Annual Reporting and Recordkeeping Burden: The estimated total annual PRA burden is 1,503,807 hours (1,503,807 12 FBARs multiplied by one hour). Estimated Total Annual Reporting and Recordkeeping Cost: Of the 1,503,807 FBARs filed in calendar year 2022, 1,434,362 were filed by individuals, and 69,445 were filed by entities. FinCEN cannot quantify the cost to individuals who file FBARs on their own behalf. For entities, FinCEN estimates the following annual burden required to maintain and provide detailed account information for each foreign financial account, if requested by the Secretary or their delegate. 12 FinCEN received 1,503,807 FBARs in calendar year 2022. VerDate Sep<11>2014 17:28 Aug 09, 2023 Jkt 259001 cost: 69,445 hours × $52.55 13 per hour = $3,649,334.75. 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. Records required to be retained under the BSA must be retained for five years. 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: (i) 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; (ii) the accuracy of the agency’s estimate of the burden of the collection of information; (iii) ways to enhance the quality, utility, and clarity of the information to be collected; (iv) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and (v) estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Himamauli Das, Acting Director, Financial Crimes Enforcement Network. [FR Doc. 2023–17092 Filed 8–9–23; 8:45 am] BILLING CODE 4810–02–P DEPARTMENT OF THE TREASURY Agency Information Collection Activities; Submission for OMB Review; Comment Request; Multiple Alcohol and Tobacco Tax and Trade Bureau Information Collection Requests Departmental Offices, U.S. Department of the Treasury. ACTION: Notice. AGENCY: The Department of the Treasury will submit the following information collection requests to the Office of Management and Budget SUMMARY: 13 The average hourly wage rate is calculated from the May 2022 U.S. Bureau of Labor Statistics average hourly wage for ‘‘13–1041 Compliance Officer’’ of $37.01, plus an additional 42% for benefits to produce a fully-loaded rate of $52.55. The ratio between benefits and wages for private industry workers is $11.86 (hourly benefits)/$28.37 (hourly wages) = 0.42, as of March 2023. The benefit factor is 1 plus the benefit/wages ratio, or 1.42. $37.01 multiplied by 1.42 equals $52.55. See U.S. Bureau of Labor Statistics, Employer Costs for Employee Compensation: Private Industry dataset (March 2023), available at https://www.bls.gov/web/ ecec/ecec-private-dataset.xlsx. PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 54399 (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995, on or after the date of publication of this notice. The public is invited to submit comments on these requests. DATES: Comments should be received on or before September 11, 2023 to be assured of consideration. ADDRESSES: Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to www.reginfo.gov/public/do/ PRAMain. Find this particular information collection by selecting ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the search function. FOR FURTHER INFORMATION CONTACT: Copies of the submissions may be obtained from Melody Braswell by emailing PRA@treasury.gov, calling (202)–622–1035, or viewing the entire information collection request at www.reginfo.gov. SUPPLEMENTARY INFORMATION: Alcohol and Tobacco Tax and Trade Bureau (TTB) 1. OMB Control No. 1513–0041 Title: Distilled Spirits Plants— Records and Monthly Reports of Processing Operations. TTB Form Number: TTB F 5110.28. TTB REC Number: TTB REC 5110/03. Abstract: In general, the Internal Revenue Code of 1986, as amended (IRC), at 26 U.S.C. 5001, imposes a Federal excise tax on distilled spirits produced or imported into the United States. Additionally, the IRC at 26 U.S.C. 5207 requires that distilled spirits plant (DSP) proprietors keep records and submit reports regarding their production, storage, denaturation, and processing operations in such form and manner as the Secretary of the Treasury (the Secretary) by regulation prescribes. Under that IRC authority, the Alcohol and Tobacco Tax and Trade Bureau (TTB) regulations in 27 CFR part 19 require DSP proprietors to keep records regarding their processing operations, as well as any wholesale liquor dealer or taxpaid storeroom operations they conduct. The part 19 regulations also require DSP proprietors to submit monthly reports based on those records, using form TTB F 5110.28. TTB uses the collected information to ensure proper tax collection. TTB also aggregates the collected information to produce generalized distilled spirits statistical reports for public release. Current Actions: There are no program changes to this information E:\FR\FM\10AUN1.SGM 10AUN1

Agencies

[Federal Register Volume 88, Number 153 (Thursday, August 10, 2023)]
[Notices]
[Pages 54397-54399]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17092]


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DEPARTMENT OF THE TREASURY

Financial Crimes Enforcement Network


Agency Information Collection Activities; Proposed Renewal; 
Comment Request; Renewal Without Change of Reports of Foreign Financial 
Accounts Regulations and FinCEN Form 114, Report of Foreign Bank and 
Financial Accounts

AGENCY: Financial Crimes Enforcement Network (FinCEN), Treasury.

ACTION: Notice and request for comments.

-----------------------------------------------------------------------

SUMMARY: As part of its continuing effort to reduce paperwork and 
respondent burden, FinCEN invites comment on a renewal, without change, 
of existing information collection requirements concerning reports of 
foreign financial accounts and FinCEN Form 114, Report of Foreign Bank 
and Financial Accounts (FBAR). This request for comments is made 
pursuant to the Paperwork Reduction Act of 1995 (PRA).

DATES: Written comments are welcome and must be received on or before 
October 10, 2023

ADDRESSES: Comments may be submitted by any of the following methods:
     Federal E-rulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments. Refer to Docket Number 
FINCEN-2023-0008 and the Office of Management and Budget (OMB) control 
number 1506-0009.
     Mail: Policy Division, Financial Crimes Enforcement 
Network, P.O. Box 39, Vienna, VA 22183. Refer to Docket Number FINCEN-
2023-0008 and OMB control number 1506-0009.
    Please submit comments by one method only. Comments will be 
reviewed consistent with the PRA \1\ and applicable OMB regulations and 
guidance. All comments submitted in response to this notice will become 
a matter of public record. Therefore, you should submit only 
information that you wish to make publicly available.
---------------------------------------------------------------------------

    \1\ Public Law 104-13, 44 U.S.C. 3506(c)(2)(A).

FOR FURTHER INFORMATION CONTACT: FinCEN's Regulatory Support Section 
---------------------------------------------------------------------------
(RSS) at 1-800-767-2825 or electronically at [email protected].

SUPPLEMENTARY INFORMATION:

I. Statutory and Regulatory Provisions

    The legislative framework generally referred to as the Bank Secrecy 
Act (BSA) consists of the Currency and Foreign Transactions Reporting 
Act of 1970, as amended by the Uniting and Strengthening America by 
Providing Appropriate Tools Required to Intercept and Obstruct 
Terrorism Act of 2001 (USA PATRIOT Act), Public Law 107-56 (October 26, 
2001), and other legislation, including the Anti-Money Laundering Act 
of 2020 (AML Act).\2\ The BSA is codified at 12 U.S.C. 1829b, 12 U.S.C. 
1951-1960, and 31 U.S.C. 5311-5314 and 5316-5336, and notes

[[Page 54398]]

thereto, with implementing regulations at 31 CFR chapter X.
---------------------------------------------------------------------------

    \2\ The AML Act was enacted as Division F, sections 6001-6511, 
of the William M. (Mac) Thornberry National Defense Authorization 
Act for Fiscal Year 2021, Public Law 116-283, 134 stat. 3388 (2021).
---------------------------------------------------------------------------

    The BSA authorizes the Secretary of the Treasury (the 
``Secretary''), inter alia, to require financial institutions to keep 
records and file reports that are determined to have a high degree of 
usefulness in criminal, tax, or regulatory matters, risk assessments or 
proceedings, or in the conduct of intelligence or counter-intelligence 
activities to protect against international terrorism, and to implement 
AML programs and compliance procedures.\3\ Regulations implementing the 
BSA appear at 31 CFR chapter X. The authority of the Secretary to 
administer the BSA has been delegated to the Director of FinCEN.\4\
---------------------------------------------------------------------------

    \3\ Section 358 of the USA PATRIOT Act expanded the purpose of 
the BSA by including a reference to reports and records ``that have 
a high degree of usefulness in intelligence or counterintelligence 
activities to protect against international terrorism.'' Section 
6101 of the AML Act further expanded the purpose of the BSA to cover 
such matters as preventing money laundering, tracking illicit funds, 
assessing risk, and establishing appropriate frameworks for 
information sharing.
    \4\ Treasury Order 180-01 (Jan. 14, 2020).
---------------------------------------------------------------------------

    Under 31 U.S.C. 5314, the Secretary ``shall require a resident or 
citizen of the United States or a person in, and doing business in, the 
United States, to . . . keep records and file reports, when the 
resident, citizen, or person makes a transaction or maintains a 
relation for any person with a foreign financial agency.'' The term 
``foreign financial agency'' encompasses the activities found in the 
statutory definition of ``financial agency,'' \5\ notably, ``a person 
acting for a person as a financial institution, bailee, depository 
trustee, or agent, or acting in a similar way related to money, credit, 
securities, gold, or a transaction in money, credit, securities, or 
gold.'' \6\ The Secretary is also authorized to prescribe exemptions to 
the reporting requirement and to prescribe other matters the Secretary 
considers necessary to carry out 31 U.S.C. 5314.
---------------------------------------------------------------------------

    \5\ 31 U.S.C. 5312(b)(2).
    \6\ See 31 U.S.C. 5312(a)(1), which exempts from the definition 
of financial agency a person acting for a country, a monetary or 
financial authority acting as a monetary or financial authority, or 
an international financial institution of which the United States 
Government is a member.
---------------------------------------------------------------------------

    The regulations implementing 31 U.S.C. 5314 appear at 31 CFR 
1010.350, 1010.306, and 1010.420. Section 1010.350 generally requires 
each U.S. person having a financial interest in, or signature or other 
authority over, a bank, securities, or other financial account in a 
foreign country to report such relationship to the Commissioner of 
Internal Revenue for each year such relationship exists, and to provide 
and report such information specified in a reporting form prescribed 
under 31 U.S.C. 5314. The FBAR is used to file the information required 
by this section and must be filed electronically with FinCEN.\7\ 31 CFR 
1010.306(c) requires the FBAR to be filed for foreign financial 
accounts exceeding $10,000 maintained during the previous calendar 
year. No FBAR is required to be filed if the aggregate value of foreign 
financial accounts did not exceed $10,000 at any time during the 
previous calendar year.
---------------------------------------------------------------------------

    \7\ Formerly Form TD-F 90-22.1. FinCEN Form 114 can be completed 
by accessing FinCEN's BSA E-Filing System website at https://bsaefiling.fincen.treas.gov/main.html.
---------------------------------------------------------------------------

    The FBAR must be filed on or before April 15 of each calendar year 
for accounts maintained during the previous calendar year.\8\
---------------------------------------------------------------------------

    \8\ In accordance with section 2006(b)(11) of Public Law 114-41, 
the filing due date for the report is April 15 effective as of the 
2016 reporting year. The statute permits the Secretary to extend the 
filing due date for up to six months. Filers who submit complete and 
accurate reports to FinCEN no later than October 15 of the year the 
report is due will be deemed to have timely filed. FinCEN issued a 
statement on its website in 2016 noting the FBAR date change as a 
result of the statutory change. FinCEN intends to revise the FBAR 
regulations at 31 CFR 1010.306(c) to reflect the statutory date 
change.
---------------------------------------------------------------------------

    31 CFR 1010.420 outlines the recordkeeping requirements associated 
with foreign financial accounts required to be reported under section 
1010.350. Specifically, filers must retain records of such accounts, to 
include type of account, account number, name of foreign financial 
institution maintaining the account, address of the foreign financial 
institution, and maximum value of the account during the calendar year, 
for a period of five years and make the records available for 
inspection as authorized by law.

II. Paperwork Reduction Act of 1995

    Title: Reports of foreign financial accounts (31 CFR 1010.350), 
records to be made and retained by persons having financial interests 
in foreign financial accounts (31 CFR 1010.420), filing of reports (31 
CFR 1010.306(c)), and FinCEN Form 114--FBAR.
    OMB Control Number: 1506-0009.
    Form Number: FinCEN Form 114--FBAR.
    Abstract: FinCEN is issuing this notice to renew the OMB control 
number for the FBAR regulations and form.
    Affected Public: Individuals, businesses or other for-profit 
institutions, and non-profit institutions that qualify as U.S. persons.
    Type of Review: Renewal without change of a currently approved 
information collection.
    Frequency: Annual.
    Estimated Number of Respondents: 1,503,807 FBAR filers.\9\
---------------------------------------------------------------------------

    \9\ The total number of FBARs filed in 2022 for foreign 
financial accounts held during calendar year 2021 is 1,503,807. 
Multiple foreign financial accounts may be reported on a single 
FBAR.
---------------------------------------------------------------------------

    Estimated Reporting and Recordkeeping Burden:
    The estimated average burden associated with the FBAR reporting and 
recordkeeping requirements will vary depending on the number of 
reportable foreign financial accounts and the applicability of special 
rules provided in the regulations which provide some relief from the 
full scope of the reporting obligations.\10\
---------------------------------------------------------------------------

    \10\ 31 CFR 1010.350(g).
---------------------------------------------------------------------------

    The information required to be reported on the FBAR is basic 
information U.S. persons will have received on account statements from 
the foreign financial institutions where the accounts are opened and 
maintained. Those statements will provide a U.S. person with the 
information needed to complete and file the FBAR. No special accounting 
or legal skills are necessary to transfer the basic information 
required to be reported, such as the name of the foreign financial 
institution, the type of account, and the account number, to the FBAR.
    The special rules located at 31 CFR 1010.350(g) provide a variety 
of relief to FBAR filers by (1) limiting the information reported in 
the FBAR to the number of accounts and certain other basic identifying 
information, if the filer has a financial interest in, or signature or 
other authority over, 25 or more reportable accounts; (2) allowing for 
entities to file consolidated FBARs on their own behalf and on behalf 
of entities for which they have a direct or indirect ownership interest 
of over 50 percent; and (3) exempting reporting of foreign financial 
interest in accounts involving certain trust and retirement plans. 
However, filers reporting financial interest in, or signature authority 
over, 25 or more foreign financial accounts are required to maintain a 
record of the detailed account information on each of their foreign 
financial accounts, including the account number, the name of the 
foreign financial institution that holds the account, the address of 
the foreign financial institution, the maximum value of the account 
during the calendar year, and the type of account.\11\
---------------------------------------------------------------------------

    \11\ Filers availing themselves of special rules under 31 CFR 
1010.350(g)(1) and (2) involving 25 or more reportable foreign 
financial accounts are required to maintain and provide detailed 
account information for each foreign financial account, if requested 
by the Secretary or their delegate.

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[[Page 54399]]

    For the reasons noted above, FinCEN estimates that the approximate 
FBAR reporting burden will vary depending on the number of reportable 
foreign financial accounts and will range from approximately 20 minutes 
to 90 minutes. FinCEN estimates the average reporting burden per FBAR 
filer will be 55 minutes.
    Past estimates of the FBAR recordkeeping requirement took into 
account time to store paper copies of the FBAR form and estimated that 
the approximate recordkeeping burden was 30 minutes. Since 2011, FBARs 
have been filed electronically. Electronically filing the FBAR allows a 
filer to save an electronic copy of the report, which satisfies the 
recordkeeping part of the requirement. FinCEN estimates it would take a 
filer five minutes to save an electronic copy of the FBAR. In addition 
to maintaining a copy of the form, those filers who take advantage of 
the special rules related to financial interests in or signature 
authority over 25 or more accounts would be required to respond to 
requests for detailed information on those accounts. However, FinCEN 
believes that in most cases, such information would be maintained by 
filers in the ordinary course of business in the form of periodic 
account statements and other business records which would be maintained 
mostly electronically. There is no requirement in the FBAR regulations 
to maintain such information in any particular format.
    For these reasons, FinCEN estimates that the FBAR recordkeeping 
burden will be approximately five minutes.
    FinCEN estimates the total annual reporting and recordkeeping 
burden per FBAR filer will be one hour (55 minutes for FBAR reporting, 
and five minutes for FBAR recordkeeping).
    Estimated Total Annual Reporting and Recordkeeping Burden: The 
estimated total annual PRA burden is 1,503,807 hours (1,503,807 \12\ 
FBARs multiplied by one hour).
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    \12\ FinCEN received 1,503,807 FBARs in calendar year 2022.
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    Estimated Total Annual Reporting and Recordkeeping Cost: Of the 
1,503,807 FBARs filed in calendar year 2022, 1,434,362 were filed by 
individuals, and 69,445 were filed by entities. FinCEN cannot quantify 
the cost to individuals who file FBARs on their own behalf. For 
entities, FinCEN estimates the following annual burden cost: 69,445 
hours x $52.55 \13\ per hour = $3,649,334.75.
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    \13\ The average hourly wage rate is calculated from the May 
2022 U.S. Bureau of Labor Statistics average hourly wage for ``13-
1041 Compliance Officer'' of $37.01, plus an additional 42% for 
benefits to produce a fully-loaded rate of $52.55. The ratio between 
benefits and wages for private industry workers is $11.86 (hourly 
benefits)/$28.37 (hourly wages) = 0.42, as of March 2023. The 
benefit factor is 1 plus the benefit/wages ratio, or 1.42. $37.01 
multiplied by 1.42 equals $52.55. See U.S. Bureau of Labor 
Statistics, Employer Costs for Employee Compensation: Private 
Industry dataset (March 2023), available at https://www.bls.gov/web/ecec/ecec-private-dataset.xlsx.
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    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. Records required to be 
retained under the BSA must be retained for five years.
    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: (i) 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; (ii) the accuracy of the agency's estimate of 
the burden of the collection of information; (iii) ways to enhance the 
quality, utility, and clarity of the information to be collected; (iv) 
ways to minimize the burden of the collection of information on 
respondents, including through the use of automated collection 
techniques or other forms of information technology; and (v) estimates 
of capital or start-up costs and costs of operation, maintenance, and 
purchase of services to provide information.

Himamauli Das,
Acting Director, Financial Crimes Enforcement Network.
[FR Doc. 2023-17092 Filed 8-9-23; 8:45 am]
BILLING CODE 4810-02-P

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