Agency Information Collection Activities; Submission for OMB Review; Comment Request; Individual FinCEN Identifier Application, 67449-67451 [2023-21325]
Download as PDF
Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Notices
Office of Management and Budget
(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 October 30, 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.
lotter on DSK11XQN23PROD with NOTICES1
Bureau of the Fiscal Service (BFS)
1. Title: Annual Financial Statement
of Surety Companies—Schedule F.
OMB Number: 1530–0008.
Form Number: FS Form 6314.
Abstract: The form provides
information used to determine the
amount of unauthorized reinsurance of
Treasury approved Admitted
Reinsurers. This computation is
necessary to ensure the solvency of
companies recognized by the Treasury
to write Federal surety bonds, and their
ability to carry out contractual
requirements.
Current Actions: Extension of a
currently approved collection.
Type of Review: Regular.
Affected Public: Business or other forprofit.
Estimated Number of Respondents:
317.
Estimated Average Time per
Respondent: 20.5.
Estimated Total Annual Burden
Hours: 6,499.
2. Title: Authorization Agreement for
Preauthorized Payment.
OMB Number: 1530–0015.
Form Number: SF 5510.
Abstract: The form is used to collect
information from remitters (individuals
and corporations) to authorize
electronic fund transfers from accounts
maintained at financial institutions to
collect monies for government agencies.
Type of Review: Extension of a
currently approved collection.
21:46 Sep 28, 2023
Jkt 259001
(Authority: 44 U.S.C. 3501 et seq.)
Melody Braswell,
Treasury PRA Clearance Officer.
[FR Doc. 2023–21312 Filed 9–28–23; 8:45 am]
BILLING CODE 4810–AS–P
DEPARTMENT OF THE TREASURY
Agency Information Collection
Activities; Submission for OMB
Review; Comment Request; Individual
FinCEN Identifier Application
Departmental Offices,
Department of the Treasury.
ACTION: Notice of information collection;
request for comments.
AGENCY:
The Department of the
Treasury, on behalf of the Financial
Crimes Enforcement Network (FinCEN),
will submit the individual FinCEN
identifier application information
collection request to the Office of
Management and Budget (OMB) for
review and clearance in accordance
with the Paperwork Reduction Act of
1995 (PRA), on or after the date of
publication of this notice. The details
included in the information collection
are listed below. The public is invited
to submit comments on this information
collection request.
DATES: Written comments should be
received on or before October 30, 2023.
ADDRESSES: Written comments on 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 Spencer W. Clark by
emailing PRA@treasury.gov, calling
(202) 927–5331, or viewing the entire
information collection request at
www.reginfo.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
Affected Public: Business or other forprofit, individuals or households,
Federal Government.
Estimated Number of Respondents:
100,000.
Estimated Time per Respondent: 10
minutes.
Estimated Total Annual Burden
Hours: 16,667.
Financial Crimes Enforcement Network
(FinCEN)
I. Statutory and Regulatory Provisions
FinCEN issued the Beneficial
Ownership Information Reporting
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Fmt 4703
Sfmt 4703
67449
Requirements final rule on September
30, 2022 (final BOI reporting rule).1 The
final BOI reporting rule requires certain
legal entities to report to FinCEN
information about themselves as well as
information about the beneficial owners
of the entity. Entities created or
registered to do business on or after
January 1, 2024, must also identify the
individual who directly filed the
document with specified governmental
authorities that created the entity or
registered it to do business, as well as
the individual who was primarily
responsible for directing or controlling
such filing if more than one individual
was involved in the filing of the
document. Further, the regulations
describe who must file a report, what
information must be provided, and
when a report is due. Entities must
certify that the report is true, correct,
and complete.
The rule also sets out various
requirements for individuals and
entities that seek to obtain a FinCEN
identifier, which can be used in certain
circumstances as a substitute for other
information required to be reported.2
These regulations implement Section
6403 of the Corporate Transparency Act
(CTA), enacted into law as part of the
National Defense Authorization Act for
Fiscal Year 2021 (NDAA).3 That
statutory provision, its implementing
regulations, and their requirements are
intended to help prevent and combat
money laundering, terrorist financing,
corruption, tax fraud, and other illicit
activity, while minimizing the burden
on reporting entities.
II. Paperwork Reduction Act of 1995 4
Title: Individual FinCEN Identifiers.
OMB Control Number: 1506–0076.
Type of Review: New collection.
Description: The final BOI reporting
rule requires individuals seeking to
obtain a FinCEN identifier to submit
certain information to FinCEN. This is
a voluntary collection. Individuals are
not required to obtain FinCEN
identifiers. In order to be issued a
FinCEN identifier, however, the final
1 87
FR 59498 (Sept. 30, 2022).
31 CFR 1010.380(b)(4). ‘‘FinCEN identifier’’
means the unique identifying number assigned by
FinCEN to an individual or reporting company
upon request, subject to certain conditions.
3 Specifically, the CTA is Title LXIV of the
William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021, Public Law
116–283 (Jan. 1, 2021). Division F of the NDAA is
the Anti-Money Laundering Act of 2020, which
includes the CTA. Section 6403 of the CTA, among
other things, amended the Bank Secrecy Act (BSA)
by adding a new section 5336, Beneficial
Ownership Information Reporting Requirements, to
subchapter II of chapter 53 of title 31, United States
Code.
4 Public Law 104–13, 44 U.S.C. 3506(c)(2)(A).
2 See
E:\FR\FM\29SEN1.SGM
29SEN1
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67450
Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Notices
BOI reporting rule requires individuals
to file applications electronically with
FinCEN that contain certain information
about themselves. Individuals are also
required to submit updates of their
identifying information as needed.
FinCEN will store such information in
its beneficial ownership information
(BOI) database for access by authorized
users. Entities will not use the FinCEN
identifier application to request a
FinCEN identifier; instead, entities will
request a FinCEN identifier when they
submit a BOI report.5
Form: Individual FinCEN Identifier
Application.
Affected Public: Any individuals who
meet the criteria set forth in the final
BOI reporting rule may apply for a
FinCEN identifier. The primary reasons
for individual beneficial owners to
apply for a FinCEN identifier likely
include data security (where an
individual may see less risk in
submitting personal identifiable
information to FinCEN directly,
compared with doing so indirectly
through one or more reporting
companies) and administrative
efficiency (where an individual is likely
to be identified as a beneficial owner of
numerous reporting companies).
Company applicants who are
responsible for registering many
reporting companies may have a similar
incentive to request a FinCEN identifier
in order to limit the number of
companies with access to their personal
information.
Estimated Number of Respondents:
FinCEN estimates that the number of
individuals who will apply for a
FinCEN identifier will likely be
relatively low. Specifically, FinCEN
estimates that number to be
approximately 1 percent of the
estimated number of reporting
companies expected to report BOI.
FinCEN assumes that, similar to
reporting companies’ initial filings,
there would be an initial influx of
applications for a FinCEN identifier that
would then decrease to a smaller annual
rate of requests after Year 1 (2024).
Therefore, FinCEN estimates that
325,569 individuals will apply for a
FinCEN identifier during Year 1 (2024),
and 49,985 individuals will apply for a
FinCEN identifier annually thereafter.6
The total five-year average of expected
FinCEN identifier applications is
105,102. To estimate the number of
5 FinCEN is not separately calculating a cost
estimate for entities requesting a FinCEN identifier,
because FinCEN assumes this would already be
accounted for in the process and cost of submitting
the BOI reports.
6 32,556,929 × 0.01 = 325,569 and 4,998,468 ×
0.01 = 49,985, respectively.
VerDate Sep<11>2014
21:46 Sep 28, 2023
Jkt 259001
updated reports for individuals’ FinCEN
identifier information per year, FinCEN
used the methodology explained in the
final BOI reporting rule to calculate, and
then total, monthly updates based on
the number of FinCEN identifier
applications received in Year 1 (2024).
FinCEN applied the monthly probability
of 0.0068021 (8.16 percent, the annual
likelihood of a change in address,
divided by 12 to find a monthly rate).
This analysis estimated 12,180 updates
in Year 1 (2024) and 26,575 annually
thereafter.7 The total five-year average of
estimated FinCEN identifier updates is
23,696.
Frequency of Response: As required.
Estimated Time per Respondent:
FinCEN anticipates that initial FinCEN
identifier applications would require
approximately 20 minutes (10 minutes
to read the form and understand the
information required, and 10 minutes to
fill out and file the request, including
attaching an image of an acceptable
identification document), given that the
information to be submitted to FinCEN
would be readily available to the person
requesting the FinCEN identifier.
FinCEN estimates that updates would
require 10 minutes (10 minutes to fill
out and file the update).
Estimated Total Reporting Burden
Hours: FinCEN estimates the total
burden hours of individuals initially
applying for a FinCEN identifier during
Year 1 (2024) to be 108,535,8 with an
annual burden of 16,662 hours
thereafter.9 The five-year average of
initial application burdens is 35,034
hours. FinCEN estimates the burden
hours of individuals updating
information related to FinCEN
identifiers to be 2,030 in Year 1
(2024),10 with an annual burden of
4,429 hours thereafter.11 The five-year
average of updated application burdens
is 3,949 hours. The total five-year
average of time burdens is 38,983.
Estimated Total Reporting Cost: The
total cost of FinCEN identifier
applications for individuals in Year 1
(2024) is estimated to be $6.2 million,
with an annual cost of $945,667
thereafter.12 The five-year average cost
of initial applications is $1,988,431. The
total cost of FinCEN identifier updates
for individuals in Year 1 (2024) is
estimated to be $115,219, with an
7 Refer to the final BOI reporting rule RIA cost
analysis for the underlying sources and analysis
related to these estimates. See 87 FR 59562–59579
(Sept. 30, 2022).
8 325,569 × (20/60) = 108,535.
9 49,985 × (20/60) = 16,662.
10 12,180 × (10/60) = 2,030.
11 26,575 × (10/60) = 4,429.
12 ($56.76 × (20/60)) × 325,569 = $6,159,488.81
and ($56.76 × (20/60)) × 49,985 = $945,666.84.
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Frm 00226
Fmt 4703
Sfmt 4703
annual cost of $251,386 thereafter.13
The five-year average cost of updated
applications is $224,153. The total fiveyear average cost is $2,212,584.
Request for Comments: An agency
may not conduct or sponsor, and a
person is not required to respond to, a
collection of information unless it
displays a valid OMB control number.
All comments will become a matter of
public record. Comments are invited on:
(a) whether the collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden of the
collection of information; (c) ways to
enhance the quality, utility, and clarity
of the information to be collected; (d)
ways to minimize the burden of the
collection of information on
respondents, including through the use
of technology; and (e) estimates of
capital or start-up costs and costs of
operation, maintenance, and purchase
of services required to provide
information.
Authority: 44 U.S.C. 3501 et seq.
Spencer W. Clark,
Treasury PRA Clearance Officer.
Appendix—FinCEN Identifier
Application Summary of Data Fields
Note: Form is only available to persons
who have already obtained login.gov
accounts and have signed in through
login.gov. Lines that must be filled in for a
report to be accepted are identified with the
* symbol next to the line number. Italicized
text provides a description and/or
explanation of lines and response options for
purposes of this PRA notice.
Filing Information
1. FinCEN ID (assigned by FinCEN and
cannot be edited; populates automatically if
individual has already applied for and
received a FinCEN Identifier, based on the
linkage; empty if filer has not already
received a FinCEN Identifier)
2. Date Last Amended (assigned by FinCEN
and cannot be edited; populates
automatically with the date the information
associated with the FinCEN Identifier was
last updated if individual has already
applied for and received a FinCEN Identifier,
based on the linkage between login.gov
account and FinCEN Identifier assigned to
the account; line 2 is empty if filer has not
already received a FinCEN Identifier)
Part I. Individual Information
Full Legal Name and Date of Birth:
3. * First name
4. Middle name (required if individual has
a middle name)
5. * Last name
13 ($56.76 × (10/60)) × 12,180 = $115,218.68 and
($56.76 × (10/60)) × 26,575 = $251,386.22.
E:\FR\FM\29SEN1.SGM
29SEN1
Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Notices
6. Suffix (required if the individual’s name
has a suffix)
7. * Date of birth
Current address: (report both business
address and residential address if the FinCEN
ID will be used for both a Company
Applicant and a Beneficial Owner)
8. * Address type (check the box that
applies to the type of address to be provided
in lines 9–13)
a. Residential address
b. Business address
9. * Address (number, street, and apt. or
suite no.)
10. * City
11. * Country/Jurisdiction (select from list
of countries/jurisdictions)
12. * State (select from list when United
States, Canada, or Mexico was selected in
line 11; if a U.S. Territory was selected in line
11, line 12 populates automatically with the
selected U.S. Territory; if a foreign country
was selected in line 11, line 12 remains
empty)
13. * ZIP/Foreign postal code
Form of Identification and Issuing
Jurisdiction:
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14. * Identifying document type (select one
from list of lines 14a–14d)
a. State-issued driver’s license
b. State/local/Tribe-issued ID
c. U.S. passport
d. Foreign passport (can only be provided
if individual does not possess document type
listed in 14a, 14b, or 14c)
15. * Identifying document number
16. * Identifying document issuing
jurisdiction (select country/jurisdiction in
line 16a and complete lines 16b–16d if
applicable)
a. Country/Jurisdiction(select from list of
countries/jurisdictions)
b. State (select from list when the United
States was selected in line 16a and the
identifying document is issued by a State; if
a U.S. Territory was selected in line 16a, line
16b populates automatically with the
selected U.S. Territory; if a foreign country
was selected in line 16a, line 16b remains
empty)
c. Local/Tribal (select from list when the
United States was selected in line 16a and
the identifying document is issued by a local
jurisdiction or Tribe; if local jurisdiction or
Tribe is not included in the list, select
‘‘Other’’ and go to line 16d; if a U.S. Territory
or foreign country was selected in line 16a,
line 16c remains empty)
d. Other local/Tribal name (enter name of
local jurisdiction or Tribe that was not
included in the list for line 16c)
17. * Identifying document image (attach
image of identifying document referred to in
lines 14–16) (upload instructions will be
provided here)
Certification
18. * I certify that the information
furnished is true, correct, and complete. I
understand that the willful provision to
FinCEN of false or fraudulent information in
this application may result in civil or
criminal penalties.
VerDate Sep<11>2014
21:46 Sep 28, 2023
Jkt 259001
a. I agree (check the box to certify)
[FR Doc. 2023–21325 Filed 9–28–23; 8:45 am]
BILLING CODE 4810–02–P
DEPARTMENT OF THE TREASURY
Agency Information Collection
Activities; Submission for OMB
Review; Comment Request; Multiple
Tax and Trade Bureau Information
Collection Requests
Departmental Offices,
Department of the Treasury.
ACTION: Notice of information collection;
request for comment.
AGENCY:
The Department of the
Treasury will submit the following
information collection requests to the
Office of Management and Budget
(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 October 30, 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 Spencer W. Clark by
emailing PRA@treasury.gov, calling
(202) 927–5331, or viewing the entire
information collection request at
www.reginfo.gov.
SUMMARY:
SUPPLEMENTARY INFORMATION:
Alcohol and Tobacco Tax and Trade
Bureau (TTB)
(1) Title: Tax Information
Authorization.
OMB Control Number: 1513–0001.
Type of Review: Extension without
change of a currently approved
collection.
Description: In general, the Internal
Revenue Code (IRC) at 26 U.S.C. 6103
protects the privacy of taxpayer
information by, among other things,
prohibiting the disclosure of tax returns
and taxpayer information to
unauthorized persons. However, under
26 U.S.C. 6103(c), a taxpayer may
authorize a representative to receive
otherwise confidential tax information.
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67451
Under that IRC authority and the related
Department of Treasury regulations, the
Alcohol and Tobacco Tax and Trade
Bureau (TTB) requires a taxpayer to file
form TTB F 5000.19 to authorize a
representative, who does not have a
power of attorney, to receive otherwise
confidential information regarding the
taxpayer. TTB uses the information
provided on this form to properly
identify the taxpayer’s designated
representative and the scope of that
representative’s authority to obtain
otherwise confidential information
about the taxpayer.
Form: TTB F 5000.19.
Affected Public: Businesses or other
for-profits, Individuals or households.
Estimated Number of Respondents:
10.
Frequency of Response: On occasion.
Estimated Total Number of Annual
Responses: 10.
Estimated Time per Response: 1 hour.
Estimated Total Annual Burden
Hours: 10.
(2) Title: Referral of Information.
OMB Control Number: 1513–0013.
Type of Review: Extension without
change of a currently approved
collection.
Description: Alcohol and Tobacco Tax
and Trade Bureau (TTB), during the
course of their duties, sometimes
discover apparent violations of statutes
and regulations under the jurisdiction of
State and local government agencies.
Using form TTB F 5000.21, Referral of
Information, TTB personnel submit
information regarding such violations to
such external agencies, if disclosure is
authorized under 26 U.S.C. 6103 or
other Federal laws. The referral form
includes a section for the external
agency to respond to TTB regarding its
action on the referral. This form
provides TTB with a consistent means
of conveying relevant information to
external agencies, and it facilitates
information-sharing between TTB and
external agencies to support
enforcement efforts. The response that
TTB requests from these State and local
government agencies also provides
information as to the utility of the
referrals and potential enforcement
actions that these external agencies take
against the same entities that TTB
regulates.
Form: TTB F 5000.21.
Affected Public: Businesses or other
for-profits.
Estimated Number of Respondents:
100.
Frequency of Response: On occasion.
Estimated Total Number of Annual
Responses: 100.
Estimated Time per Response: 1 hour.
Estimated Total Annual Burden
Hours: 100.
E:\FR\FM\29SEN1.SGM
29SEN1
Agencies
[Federal Register Volume 88, Number 188 (Friday, September 29, 2023)]
[Notices]
[Pages 67449-67451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21325]
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Agency Information Collection Activities; Submission for OMB
Review; Comment Request; Individual FinCEN Identifier Application
AGENCY: Departmental Offices, Department of the Treasury.
ACTION: Notice of information collection; request for comments.
-----------------------------------------------------------------------
SUMMARY: The Department of the Treasury, on behalf of the Financial
Crimes Enforcement Network (FinCEN), will submit the individual FinCEN
identifier application information collection request to the Office of
Management and Budget (OMB) for review and clearance in accordance with
the Paperwork Reduction Act of 1995 (PRA), on or after the date of
publication of this notice. The details included in the information
collection are listed below. The public is invited to submit comments
on this information collection request.
DATES: Written comments should be received on or before October 30,
2023.
ADDRESSES: Written comments on 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 Spencer W. Clark by emailing [email protected], calling
(202) 927-5331, or viewing the entire information collection request at
www.reginfo.gov.
SUPPLEMENTARY INFORMATION:
Financial Crimes Enforcement Network (FinCEN)
I. Statutory and Regulatory Provisions
FinCEN issued the Beneficial Ownership Information Reporting
Requirements final rule on September 30, 2022 (final BOI reporting
rule).\1\ The final BOI reporting rule requires certain legal entities
to report to FinCEN information about themselves as well as information
about the beneficial owners of the entity. Entities created or
registered to do business on or after January 1, 2024, must also
identify the individual who directly filed the document with specified
governmental authorities that created the entity or registered it to do
business, as well as the individual who was primarily responsible for
directing or controlling such filing if more than one individual was
involved in the filing of the document. Further, the regulations
describe who must file a report, what information must be provided, and
when a report is due. Entities must certify that the report is true,
correct, and complete.
---------------------------------------------------------------------------
\1\ 87 FR 59498 (Sept. 30, 2022).
---------------------------------------------------------------------------
The rule also sets out various requirements for individuals and
entities that seek to obtain a FinCEN identifier, which can be used in
certain circumstances as a substitute for other information required to
be reported.\2\
---------------------------------------------------------------------------
\2\ See 31 CFR 1010.380(b)(4). ``FinCEN identifier'' means the
unique identifying number assigned by FinCEN to an individual or
reporting company upon request, subject to certain conditions.
---------------------------------------------------------------------------
These regulations implement Section 6403 of the Corporate
Transparency Act (CTA), enacted into law as part of the National
Defense Authorization Act for Fiscal Year 2021 (NDAA).\3\ That
statutory provision, its implementing regulations, and their
requirements are intended to help prevent and combat money laundering,
terrorist financing, corruption, tax fraud, and other illicit activity,
while minimizing the burden on reporting entities.
---------------------------------------------------------------------------
\3\ Specifically, the CTA is Title LXIV of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year 2021,
Public Law 116-283 (Jan. 1, 2021). Division F of the NDAA is the
Anti-Money Laundering Act of 2020, which includes the CTA. Section
6403 of the CTA, among other things, amended the Bank Secrecy Act
(BSA) by adding a new section 5336, Beneficial Ownership Information
Reporting Requirements, to subchapter II of chapter 53 of title 31,
United States Code.
---------------------------------------------------------------------------
II. Paperwork Reduction Act of 1995 \4\
---------------------------------------------------------------------------
\4\ Public Law 104-13, 44 U.S.C. 3506(c)(2)(A).
---------------------------------------------------------------------------
Title: Individual FinCEN Identifiers.
OMB Control Number: 1506-0076.
Type of Review: New collection.
Description: The final BOI reporting rule requires individuals
seeking to obtain a FinCEN identifier to submit certain information to
FinCEN. This is a voluntary collection. Individuals are not required to
obtain FinCEN identifiers. In order to be issued a FinCEN identifier,
however, the final
[[Page 67450]]
BOI reporting rule requires individuals to file applications
electronically with FinCEN that contain certain information about
themselves. Individuals are also required to submit updates of their
identifying information as needed. FinCEN will store such information
in its beneficial ownership information (BOI) database for access by
authorized users. Entities will not use the FinCEN identifier
application to request a FinCEN identifier; instead, entities will
request a FinCEN identifier when they submit a BOI report.\5\
---------------------------------------------------------------------------
\5\ FinCEN is not separately calculating a cost estimate for
entities requesting a FinCEN identifier, because FinCEN assumes this
would already be accounted for in the process and cost of submitting
the BOI reports.
---------------------------------------------------------------------------
Form: Individual FinCEN Identifier Application.
Affected Public: Any individuals who meet the criteria set forth in
the final BOI reporting rule may apply for a FinCEN identifier. The
primary reasons for individual beneficial owners to apply for a FinCEN
identifier likely include data security (where an individual may see
less risk in submitting personal identifiable information to FinCEN
directly, compared with doing so indirectly through one or more
reporting companies) and administrative efficiency (where an individual
is likely to be identified as a beneficial owner of numerous reporting
companies). Company applicants who are responsible for registering many
reporting companies may have a similar incentive to request a FinCEN
identifier in order to limit the number of companies with access to
their personal information.
Estimated Number of Respondents: FinCEN estimates that the number
of individuals who will apply for a FinCEN identifier will likely be
relatively low. Specifically, FinCEN estimates that number to be
approximately 1 percent of the estimated number of reporting companies
expected to report BOI. FinCEN assumes that, similar to reporting
companies' initial filings, there would be an initial influx of
applications for a FinCEN identifier that would then decrease to a
smaller annual rate of requests after Year 1 (2024). Therefore, FinCEN
estimates that 325,569 individuals will apply for a FinCEN identifier
during Year 1 (2024), and 49,985 individuals will apply for a FinCEN
identifier annually thereafter.\6\ The total five-year average of
expected FinCEN identifier applications is 105,102. To estimate the
number of updated reports for individuals' FinCEN identifier
information per year, FinCEN used the methodology explained in the
final BOI reporting rule to calculate, and then total, monthly updates
based on the number of FinCEN identifier applications received in Year
1 (2024). FinCEN applied the monthly probability of 0.0068021 (8.16
percent, the annual likelihood of a change in address, divided by 12 to
find a monthly rate). This analysis estimated 12,180 updates in Year 1
(2024) and 26,575 annually thereafter.\7\ The total five-year average
of estimated FinCEN identifier updates is 23,696.
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\6\ 32,556,929 x 0.01 = 325,569 and 4,998,468 x 0.01 = 49,985,
respectively.
\7\ Refer to the final BOI reporting rule RIA cost analysis for
the underlying sources and analysis related to these estimates. See
87 FR 59562-59579 (Sept. 30, 2022).
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Frequency of Response: As required.
Estimated Time per Respondent: FinCEN anticipates that initial
FinCEN identifier applications would require approximately 20 minutes
(10 minutes to read the form and understand the information required,
and 10 minutes to fill out and file the request, including attaching an
image of an acceptable identification document), given that the
information to be submitted to FinCEN would be readily available to the
person requesting the FinCEN identifier. FinCEN estimates that updates
would require 10 minutes (10 minutes to fill out and file the update).
Estimated Total Reporting Burden Hours: FinCEN estimates the total
burden hours of individuals initially applying for a FinCEN identifier
during Year 1 (2024) to be 108,535,\8\ with an annual burden of 16,662
hours thereafter.\9\ The five-year average of initial application
burdens is 35,034 hours. FinCEN estimates the burden hours of
individuals updating information related to FinCEN identifiers to be
2,030 in Year 1 (2024),\10\ with an annual burden of 4,429 hours
thereafter.\11\ The five-year average of updated application burdens is
3,949 hours. The total five-year average of time burdens is 38,983.
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\8\ 325,569 x (20/60) = 108,535.
\9\ 49,985 x (20/60) = 16,662.
\10\ 12,180 x (10/60) = 2,030.
\11\ 26,575 x (10/60) = 4,429.
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Estimated Total Reporting Cost: The total cost of FinCEN identifier
applications for individuals in Year 1 (2024) is estimated to be $6.2
million, with an annual cost of $945,667 thereafter.\12\ The five-year
average cost of initial applications is $1,988,431. The total cost of
FinCEN identifier updates for individuals in Year 1 (2024) is estimated
to be $115,219, with an annual cost of $251,386 thereafter.\13\ The
five-year average cost of updated applications is $224,153. The total
five-year average cost is $2,212,584.
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\12\ ($56.76 x (20/60)) x 325,569 = $6,159,488.81 and ($56.76 x
(20/60)) x 49,985 = $945,666.84.
\13\ ($56.76 x (10/60)) x 12,180 = $115,218.68 and ($56.76 x
(10/60)) x 26,575 = $251,386.22.
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Request for Comments: An agency may not conduct or sponsor, and a
person is not required to respond to, a collection of information
unless it displays a valid OMB control number. All comments will become
a matter of public record. Comments are invited on: (a) whether the
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information shall
have practical utility; (b) the accuracy of the agency's estimate of
the burden of the collection of information; (c) ways to enhance the
quality, utility, and clarity of the information to be collected; (d)
ways to minimize the burden of the collection of information on
respondents, including through the use of technology; and (e) estimates
of capital or start-up costs and costs of operation, maintenance, and
purchase of services required to provide information.
Authority: 44 U.S.C. 3501 et seq.
Spencer W. Clark,
Treasury PRA Clearance Officer.
Appendix--FinCEN Identifier Application Summary of Data Fields
Note: Form is only available to persons who have already
obtained login.gov accounts and have signed in through login.gov.
Lines that must be filled in for a report to be accepted are
identified with the * symbol next to the line number. Italicized
text provides a description and/or explanation of lines and response
options for purposes of this PRA notice.
Filing Information
1. FinCEN ID (assigned by FinCEN and cannot be edited; populates
automatically if individual has already applied for and received a
FinCEN Identifier, based on the linkage; empty if filer has not
already received a FinCEN Identifier)
2. Date Last Amended (assigned by FinCEN and cannot be edited;
populates automatically with the date the information associated
with the FinCEN Identifier was last updated if individual has
already applied for and received a FinCEN Identifier, based on the
linkage between login.gov account and FinCEN Identifier assigned to
the account; line 2 is empty if filer has not already received a
FinCEN Identifier)
Part I. Individual Information
Full Legal Name and Date of Birth:
3. * First name
4. Middle name (required if individual has a middle name)
5. * Last name
[[Page 67451]]
6. Suffix (required if the individual's name has a suffix)
7. * Date of birth
Current address: (report both business address and residential
address if the FinCEN ID will be used for both a Company Applicant
and a Beneficial Owner)
8. * Address type (check the box that applies to the type of
address to be provided in lines 9-13)
a. Residential address
b. Business address
9. * Address (number, street, and apt. or suite no.)
10. * City
11. * Country/Jurisdiction (select from list of countries/
jurisdictions)
12. * State (select from list when United States, Canada, or
Mexico was selected in line 11; if a U.S. Territory was selected in
line 11, line 12 populates automatically with the selected U.S.
Territory; if a foreign country was selected in line 11, line 12
remains empty)
13. * ZIP/Foreign postal code
Form of Identification and Issuing Jurisdiction:
14. * Identifying document type (select one from list of lines
14a-14d)
a. State-issued driver's license
b. State/local/Tribe-issued ID
c. U.S. passport
d. Foreign passport (can only be provided if individual does not
possess document type listed in 14a, 14b, or 14c)
15. * Identifying document number
16. * Identifying document issuing jurisdiction (select country/
jurisdiction in line 16a and complete lines 16b-16d if applicable)
a. Country/Jurisdiction(select from list of countries/
jurisdictions)
b. State (select from list when the United States was selected
in line 16a and the identifying document is issued by a State; if a
U.S. Territory was selected in line 16a, line 16b populates
automatically with the selected U.S. Territory; if a foreign country
was selected in line 16a, line 16b remains empty)
c. Local/Tribal (select from list when the United States was
selected in line 16a and the identifying document is issued by a
local jurisdiction or Tribe; if local jurisdiction or Tribe is not
included in the list, select ``Other'' and go to line 16d; if a U.S.
Territory or foreign country was selected in line 16a, line 16c
remains empty)
d. Other local/Tribal name (enter name of local jurisdiction or
Tribe that was not included in the list for line 16c)
17. * Identifying document image (attach image of identifying
document referred to in lines 14-16) (upload instructions will be
provided here)
Certification
18. * I certify that the information furnished is true, correct,
and complete. I understand that the willful provision to FinCEN of
false or fraudulent information in this application may result in
civil or criminal penalties.
a. I agree (check the box to certify)
[FR Doc. 2023-21325 Filed 9-28-23; 8:45 am]
BILLING CODE 4810-02-P