Agency Information Collection Activities; Proposed Collection; Submission for OMB Review; Beneficial Ownership Information Collection Request, 59805-59810 [2024-16174]

Download as PDF Federal Register / Vol. 89, No. 141 / Tuesday, July 23, 2024 / Notices Electronic Availability The Specially Designated Nationals and Blocked Persons List and additional information concerning OFAC sanctions programs are available on OFAC’s website. (https://www.treasury.gov/ ofac). Notice of OFAC Actions On July 18, 2024, OFAC determined that the property and interests in property subject to U.S. jurisdiction of the following persons are blocked under the relevant sanctions authority listed below. ddrumheller on DSK120RN23PROD with NOTICES1 Individuals 1. CONTEH, Abdul Karim, 9202 C. Calz Tlaxcaltecas int.2 col Mariano Matamoros, Tijuana, Baja California, Mexico; DOB 20 Dec 1984; POB Sierra Leone; nationality Sierra Leone; citizen Sierra Leone; alt. citizen Mexico; Gender Male; Phone Number 23276596773; alt. Phone Number 529622553555; C.U.R.P. COXA841220HNENXB02 (Mexico) (individual) [TCO] (Linked To: ABDUL KARIM CONTEH HUMAN SMUGGLING ORGANIZATION). Designated pursuant to section 1(a)(ii)(C) of Executive Order 13581 of July 24, 2011, ‘‘Blocking Property of Transnational Criminal Organizations,’’ 76 FR 44757 (July 27, 2011), as amended by Executive Order 13863 of March 15, 2019, ‘‘Taking Additional Steps to Address the National Emergency With Respect to Significant Transnational Criminal Organizations,’’ 84 FR 10255 (March 19, 2019) (E.O. 13581, as amended), for being owned or controlled by, or having acted or purported to act for or on behalf of, directly or indirectly, ABDUL KARIM CONTEH HUMAN SMUGGLING ORGANIZATION, a person whose property and interests in property are blocked pursuant to E.O. 13581, as amended. 2. ROBLERO PIVARAL, Veronica, Tijuana, Baja California, Mexico; DOB 25 Apr 1999; POB Chiapas, Mexico; nationality Mexico; citizen Mexico; Gender Female; Phone Number 526643422541; C.U.R.P. ROPV990425MCSBVR02 (Mexico) (individual) [TCO] (Linked To: ABDUL KARIM CONTEH HUMAN SMUGGLING ORGANIZATION). Designated pursuant to section 1(a)(ii)(C) of E.O. 13581, as amended, for being owned or controlled by, or having acted or purported to act for or on behalf of, directly or indirectly, ABDUL KARIM CONTEH HUMAN SMUGGLING ORGANIZATION, a person whose property and interests in property are blocked pursuant to E.O. 13581, as amended. 3. PIDOUKOU, Pasaman Francis Marin Abbe (a.k.a. ‘‘Kili Cili’’), Tijuana, Baja California, Mexico; Mexico City, Mexico; DOB 03 Mar 1973; nationality Togo; citizen Togo; Gender Male; Phone Number 524731040117 (individual) [TCO] (Linked To: ABDUL KARIM CONTEH HUMAN SMUGGLING ORGANIZATION). Designated pursuant to section 1(a)(ii)(C) of E.O. 13581, as amended, for being owned or VerDate Sep<11>2014 18:47 Jul 22, 2024 Jkt 262001 controlled by, or having acted or purported to act for or on behalf of, directly or indirectly, ABDUL KARIM CONTEH HUMAN SMUGGLING ORGANIZATION, a person whose property and interests in property are blocked pursuant to E.O. 13581, as amended. 4. KAMARA, Issa, Tijuana, Baja California, Mexico; DOB 17 Jul 1990; nationality Sierra Leone; citizen Sierra Leone; Gender Male; Phone Number 23275356626 (individual) [TCO] (Linked To: ABDUL KARIM CONTEH HUMAN SMUGGLING ORGANIZATION). Designated pursuant to section 1(a)(ii)(C) of E.O. 13581, as amended, for being owned or controlled by, or having acted or purported to act for or on behalf of, directly or indirectly, ABDUL KARIM CONTEH HUMAN SMUGGLING ORGANIZATION, a person whose property and interests in property are blocked pursuant to E.O. 13581, as amended. Entity 1. ABDUL KARIM CONTEH HUMAN SMUGGLING ORGANIZATION, Tijuana, Baja California, Mexico; Target Type Criminal Organization [TCO]. Designated pursuant to section 1(a)(ii)(A) of E.O. 13581, as amended, for being a foreign person that constitutes a significant transnational criminal organization. Dated: July 18, 2024. Bradley T. Smith, Director, Office of Foreign Assets Control, U.S. Department of the Treasury. [FR Doc. 2024–16169 Filed 7–22–24; 8:45 am] BILLING CODE 4810–AL–P DEPARTMENT OF THE TREASURY Office of Foreign Assets Control 59805 Enforcement, Compliance & Analysis, tel.: 202–622–2490. SUPPLEMENTARY INFORMATION: Electronic Availability The SDN List and additional information concerning OFAC sanctions programs are available on OFAC’s website (ofac.treasury.gov). Notice of OFAC Action On July 18, 2024, OFAC determined that the following person, who had been designated pursuant to Executive Order 13224 of September 23, 2001, ‘‘Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism’’ should be removed from the SDN List and that the property and interests in property subject to U.S. jurisdiction of the following person are unblocked. All otherwise lawful transactions involving U.S. persons and the following person are no longer prohibited. Individual 1. AWAD, Mohammed Reda Mohammed Anwar (a.k.a. AWAD, Hamid Rida Muhammad; a.k.a. ‘‘AWAD, Rida’’; a.k.a. ‘‘REDA, Haj’’), United Kingdom; DOB 24 Sep 1954; nationality Egypt (individual) [SDGT] (Linked To: HAMAS). Dated: July 18, 2024. Bradley T. Smith, Director, Office of Foreign Assets Control, U.S. Department of the Treasury. [FR Doc. 2024–16133 Filed 7–22–24; 8:45 am] BILLING CODE P Notice of OFAC Sanctions Action Office of Foreign Assets Control, Treasury. ACTION: Notice. AGENCY: The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) is publishing the name of a person whose property and interests in property have been unblocked and who has been removed from the Specially Designated Nationals and Blocked Persons List (SDN List). U.S. persons are no longer generally prohibited from engaging in transactions with them. DATES: See SUPPLEMENTARY INFORMATION section for applicable dates(s). FOR FURTHER INFORMATION CONTACT: OFAC: Bradley Smith, Director, tel.: 202–622–2490; Associate Director for Global Targeting, tel.: 202–622–2420; Assistant Director for Licensing, tel.: 202–622–2480; Assistant Director for Regulatory Affairs, tel.: 202–622–4855; or Assistant Director for Sanctions SUMMARY: PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 DEPARTMENT OF THE TREASURY Agency Information Collection Activities; Proposed Collection; Submission for OMB Review; Beneficial Ownership Information Collection Request Departmental Offices, U.S. 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 information collection associated with requests made to FinCEN by certain persons for beneficial ownership information, 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 SUMMARY: E:\FR\FM\23JYN1.SGM 23JYN1 59806 Federal Register / Vol. 89, No. 141 / Tuesday, July 23, 2024 / Notices to submit comments on this information collection request. DATES: Written comments must be received on or before August 22, 2024. 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: Financial Crimes Enforcement Network (FinCEN) I. Statutory and Regulatory Provisions ddrumheller on DSK120RN23PROD with NOTICES1 FinCEN issued the Beneficial Ownership Information Access and Safeguards final rule (the ‘‘BOI Access Rule’’) on December 22, 2023,1 regarding access by authorized recipients to beneficial ownership information (BOI) that will be reported to FinCEN pursuant to Section 6403 of the Corporate Transparency Act (CTA), enacted into law as part of National Defense Authorization Act for Fiscal Year 2021 (NDAA).2 The BOI Access Rule implements the strict protocols required by the CTA to protect sensitive personally identifiable information (PII) reported to FinCEN pursuant to the CTA and establish the circumstances in which specified recipients have access to beneficial ownership information (BOI), along with the data protection protocols and oversight mechanisms applicable to each recipient category. The disclosure of BOI to authorized recipients in accordance with appropriate protocols and oversight will help law enforcement and national security agencies prevent and combat money laundering, terrorist financing, 1 FinCEN, Beneficial Ownership Information Access and Safeguards, 88 FR 88732 (Dec. 22, 2023), available at https://www.federalregister.gov/ documents/2023/12/22/2023-27973/beneficialownership-information-access-and-safeguards. 2 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, amends 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. VerDate Sep<11>2014 18:47 Jul 22, 2024 Jkt 262001 tax fraud, and other illicit activity, as well as protect national security. II. Paperwork Reduction Act of 1995 3 Title: Beneficial Ownership Information (BOI) Requests. OMB Control Number: 1506–0077 Type of Review: New collection. Description: As explained in the regulatory impact analysis (RIA) of the BOI Access Rule, the rule requires State, local, and Tribal agencies and financial institutions that access BOI to satisfy certain security and confidentiality requirements, including establishing certain standards and procedures, and developing and implementing safeguards. As a prerequisite for access to BOI, the rule also requires State, local, and Tribal agencies and financial institutions to provide a certification for each request for BOI (‘‘BOI request’’). Along with the certification, State, local, and Tribal agencies and financial institutions will also provide information by filling out data fields for each BOI request. These data fields are set out in the Appendix. While some data fields will be optional, others will be required. Self-regulatory organizations (SROs) cannot make BOI requests to FinCEN under the BOI Access Rule, but can receive BOI via redisclosure from other entities in some circumstances if they fulfill certain requirements. Consistent with the requirements of the PRA, FinCEN carefully considered the comments received in response to the 60-day notice that proposed the information collection associated with BOI requests for public comment.4 The 60-day notice sought comment only on the burden for the information collection associated with such BOI requests, which corresponds to the burden associated with ‘‘submit[ting] written certification for each request that it meets certain requirements.’’ Further details about those burdens are set forth in the BOI Access Rule RIA (see Action G within Tables 1 and 2) and below. To provide greater clarity to authorized recipients on the data fields and certification that will be required when submitting BOI requests, this notice includes a revised Appendix (Beneficial Ownership Information (BOI) Request: Summary of Data Fields by Authorized Recipient). Also, as previously noted in the BOI Access Rule, FinCEN intends to provide additional details regarding the form and manner of BOI requests for all categories of authorized recipients PO 00000 through specific instructions and guidance. The following analysis represents the entirety of the burden under OMB control number 1506–0077, which is associated with the BOI Access Rule. FinCEN previously solicited public comment on the full burden of the BOI Access Rule, including the certification requirement for the information collection associated with BOI access requests, as part of that rulemaking. Form: BOI Request. Affected Public: State, local and Tribal agencies, SROs, and financial institutions with customer due diligence requirements under applicable law, as defined in the BOI Access Rule. While Federal and foreign requesters are able to access BOI after meeting specific requirements, FinCEN does not include them in the PRA analysis because the regulations implementing the PRA define ‘‘person’’ as an individual, partnership, association, corporation (including operations of governmentowned contractor-operated facilities), business trust, or legal representative, an organized group of individuals, a State, territorial, Tribal, or local government or branch thereof, or a political subdivision of a State, territory, Tribal, or local government or a branch of a political subdivision.5 For foreign requesters in particular, FinCEN assumes that such requests will be made at the national level. Estimated Number of Respondents: 15,934 entities. This total is composed of an estimated 215 State, local, and Tribal agencies (of which 158 are State, local, and Tribal law enforcement agencies and 57 are State regulatory agencies), 3 SROs, and 15,716 financial institutions.6 While the requirements in the rule are only imposed on those that optionally access BOI, for purposes of PRA burden analysis, FinCEN assumes maximum participation from State, local, and Tribal agencies, SROs, and financial institutions. Frequency of Response: As required; varies depending on the requirement. Estimated Time per Respondent: See ‘‘Hours per Entity’’ column in Table 1 below for estimated time for each requirement per respondent. Estimated Total Annual Reporting and Recordkeeping Burden: FinCEN estimates that during year 1 the annual hourly burden will be 8,743,781 hours. In year 2 and onward, FinCEN estimates that the annual hourly burden will be 3,616,964 hours. The annual estimated 5 See 5 CFR 1320.3(k). Table 1 in the RIA of the BOI Access Rule for the types of financial institutions covered by this notice. 88 FR 88789 (Dec. 22, 2023). 6 See 3 Public 4 89 Law 104–13, 44 U.S.C. 3506(c)(2)(A). FR 5995 (Jan. 30, 2024). Frm 00092 Fmt 4703 Sfmt 4703 E:\FR\FM\23JYN1.SGM 23JYN1 Federal Register / Vol. 89, No. 141 / Tuesday, July 23, 2024 / Notices burden hours for State, local, and Tribal entities and SROs is 2,268,789 hours in the first year, and 1,699,612 hours in year 2 and onward. As shown in Table 1 below, the hourly burden in year 1 for State, local, and Tribal agencies and SROs includes the hourly burden associated with the following requirements: entering into an agreement with FinCEN and establishing standards and procedures (Action B); establishing a secure system to store BOI (Action D); establishing and maintaining an auditable system of standardized records for requests (Action E); submitting written certification for each request that it meets certain requirements (Action G); restricting access to appropriate persons within the entity (Action H); conducting an annual audit and cooperate with FinCEN’s annual audit (Action I); obtaining certification of standards and procedures, initially and then semiannually, by the head of the entity (Action J); and providing annual reports on procedures (Action K). The hourly burden in year 2 and onward for State, local, and Tribal agencies and SROs is associated with the same requirements as year 1, with the exception of Action B because FinCEN expects this action will result in costs for these entities in year 1 only. The annual estimated hourly burden for financial institutions is 6,474,992 hours in the first year and 1,917,352 hours in year 2 and onward. The hourly burden for financial institutions in year 1 is associated with the following: developing and implementing administrative and physical safeguards (Action A); developing and implementing technical safeguards (Action C); obtaining and documenting customer consent (Action F); submitting certification for each request that it meets certain requirements (Action G); undergoing training (Action H); complying with certain geographic restrictions (Action L); and notifying FinCEN if they receive an information demand from a foreign government (Action M). The hourly burden in year 2 and onward for financial institutions is associated only with the requirements for Actions F, G, and H because FinCEN expects the other actions will result in costs for these entities in year 1 only. Annual estimated burden declines in year 2 and onward because State, local, and Tribal agencies, SROs, and financial institutions no longer need to complete Actions A and B, and have a lower hourly burden for Actions E and F. State, local, and Tribal law enforcement agencies have a lower hourly burden for Action G. Table 1 lists the type of entity, the number of entities, the hours per entity, and the total hourly burden by action. For Actions A, B, C, D, E, F, I, J, K, L, and M the hours per entity are 59807 the maximum of the range estimated in the cost analysis of the RIA. For Action G and H, the hours per entity calculations are specified in footnotes to Table 1. Total annual hourly burden is calculated by multiplying the number of entities by the hours per entity for each action. In each subsequent year after initial implementation, FinCEN estimates that the total hourly annual burden is 3,616,964. This results in a 5year average burden estimate of approximately 4,642,327 hours.7 This notice seeks comment on the estimated total annual reporting and recordkeeping burden for the information collection associated with BOI requests, specifically the requirement to submit written certification for each request that it meets certain requirements (Action G in Table 1 below).8 FinCEN previously provided notice and an opportunity for public comment on all actions that constitute the reporting and recordkeeping burden associated with the BOI Access Rule, including the certification requirement, as well as the estimated total annual burden, through the BOI Access Rule rulemaking. As explained above, FinCEN is issuing this notice with regard to the information collection associated with BOI requests; therefore, this notice seeks comment only on the certification requirement. ddrumheller on DSK120RN23PROD with NOTICES1 TABLE 1—ANNUAL HOURLY BURDEN ASSOCIATED WITH REQUIREMENTS Action Type of entity A. Develop and implement administrative and physical safeguards. B. Enter into an agreement with FinCEN and establish standards and procedures. C. Develop and implement technical safeguards. D. Establish a secure system to store BOI. E. Establish and maintain an auditable system of standardized records for requests. F. Obtain and document customer consent. G. Submit certification for each request that it meets certain requirements 1. G. Submit written certification for each request that it meets certain requirements, including court authorization. Financial institutions .............. State, local, and Tribal agencies and SROs. Financial institutions .............. 18:47 Jul 22, 2024 Hours per entity 240 in Year 1; 0 in Years 2+ 3,771,840 in Year 1; 0 in Years 2+. 218 300 in Year 1; 0 in Years 2+ 65,400 in Year 1; 0 in Years 2+. 0 in Year 1; 0 in Years 2+ ..... 0 in Year 1; 0 in Years 2+. 218 300 in Year 1; 4 in Years 2+ 218 200 in Year 1; 20 in Years 2+ 65,400 in Year 1; 872 in Years 2+. 43,600 in Year 1; 4,360 in Years 2+. Financial institutions .............. 15,716 70 in Year 1; 20 in Years 2+ Financial institutions .............. 15,716 94 in Year 1; 94 in Years 2+ State, local, and Tribal law enforcement. Jkt 262001 158 12,975 in Year 1; 10,443 in Years 2+. 8 As noted previously, SROs will not have direct access to BOI, but may receive BOI through redisclosure. Accordingly, SROs may not need to meet every requirement that they are described as meeting in Tables 1 and 2 to receive BOI. However, except where noted in those tables, FinCEN has PO 00000 Frm 00093 Fmt 4703 Total annual hourly burden 15,716 15,716 State, local, and Tribal agencies and SROs. State, local, and Tribal agencies and SROs. 7 The 5-year average equals the sum of (Year 1 burden hours of 8,743,781 + Year 2 burden hours of 3,616,964 + Year 3 burden hours of 3,616,964 + Year 4 burden hours of 3,616,964 + Year 5 burden hours of 3,616,964) divided by 5. VerDate Sep<11>2014 Number of entities Sfmt 4703 1,100,120 in Year 1; 314,320 in Years 2+. 1,474,161 in Year 1; 1,474,161 in Years 2+. 2,050,003 in Year 1; 1,649,994 in Years 2+. generally assessed similar costs for SROs as for state, local, and Tribal agencies for analytical purposes. This analysis thus may overestimate the burden on SROs, but FinCEN lacks reliable data from which to formulate SRO-specific estimates for receiving BOI. E:\FR\FM\23JYN1.SGM 23JYN1 59808 Federal Register / Vol. 89, No. 141 / Tuesday, July 23, 2024 / Notices TABLE 1—ANNUAL HOURLY BURDEN ASSOCIATED WITH REQUIREMENTS—Continued Number of entities Action Type of entity G. Submit written certification for each request that it meets certain requirements. H. Undergo training 2 .............. State regulatory agencies and SROs. 60 Financial institutions .............. H. Restrict access to appropriate persons within the entity, which specifies that appropriate persons will undergo training 3. I. Conduct an annual audit and cooperate with FinCEN’s annual audit. J. Obtain certification of standards and procedures initially and then semi-annually, by the head of the entity. K. Provide initial and then an annual report on procedures. L. Comply with certain geographic restrictions. M. Notify FinCEN of information demand from foreign government. Total Annual Hourly Burden. Hours per entity Total annual hourly burden 125 in Year 1; 125 in Years 2+. 7,500 in Year 1; 7,500 in Years 2+. 15,716 8 in Year 1; 8 in Years 2+ ..... State, local, and Tribal agencies and SROs. 218 9 in Year 1, 9 in Years 2+ ..... 128,871 Years 2,006 in Years State, local, and Tribal agencies and SROs. 218 160 in Year 1; 160 in Years 2+. 34,880 in Year 1; 34,880 in Years 2+. State, local, and Tribal agencies and SROs. 218 Included in I. .......................... Included in I. State, local, and Tribal agencies and SROs. 218 Included in I. .......................... Included in I. Financial institutions .............. 15,716 0 in Year 1; 0 in Years 2+ ..... 0 in Year 1; 0 in Years 2+. Financial institutions .............. 15,716 0 in Year 1; 0 in Years 2+ ..... 0 in Year 1; 0 in Years 2+. ................................................ ........................ ................................................ 8,743,781 in Year 1; 3,616,964 in Years 2+ (Average of 5,325,903 hours across first 3 years). in Year 1; 128,871 in 2+. Year 1; 2,006 in 2+. 1 For all types of entities, the hours per entity for Action G is the per entity share of the aggregate burden estimated in the RIA. financial institutions, the hours per entity for Action H equals the weighted average of the large and small financial institutions’ maximum burden estimated in the RIA. 3 For State, local, and Tribal agencies and SROs, the hours per entity for Action H equals the per entity share of the aggregate burden. 2 For Estimated Total Annual Reporting and Recordkeeping Cost: As described in Table 3 of the BOI Access Rule RIA, FinCEN calculated the fully loaded hourly wage for each type of affected entity type.9 Using these estimated wages, the total cost of the annual burden in year 1 is $868,200,270. In year 2 and onward, FinCEN estimates that the total cost of the annual burden is $339,309,502, owing to Actions A and B only imposing burdens in year 1, Actions D and E having lower annual per entity burdens, and Action G having lower burden per request for State, local, and Tribal law enforcement agencies. The annual estimated cost for State, local, and Tribal agencies and SROs is $181,851,118 in the first year and $136,070,190 in year 2 and onward. The annual estimated cost for financial institutions is $686,349,152 in the first year and $203,239,312 in year 2 and onward. The 5-year average annual cost estimate is $445,087,656.10 This notice seeks comment on the estimated total annual reporting and recordkeeping cost for the information collection associated with BOI requests, specifically the requirement to ‘‘submit written certification for each request that it meets certain requirements’’ (Action G in Table 2 below). FinCEN previously provided notice and an opportunity for public comment on all actions that constitute the reporting and recordkeeping cost associated with the BOI Access Rule, including the certification requirement, as well as the estimated total annual reporting and recordkeeping cost, through the BOI Access Rule rulemaking. As FinCEN is issuing this notice with regard to the information collection associated with BOI requests, this notice seeks comment only on the certification requirement. ddrumheller on DSK120RN23PROD with NOTICES1 TABLE 2—ANNUAL COST ASSOCIATED WITH REQUIREMENTS Action Type of entity A. Develop and implement administrative and physical safeguards. B. Enter into an agreement with FinCEN and establish standards and procedures. Financial institutions .............. 9 88 18:47 Jul 22, 2024 $106 State, local, and Tribal agencies. FR 88791 (Dec. 22, 2023). VerDate Sep<11>2014 Hourly wage 80 Total annual hourly burden 3,771,840 in Year 1; 0 in Years 2+. $399,815,040 in Year 1; $0 in Years 2+. 65,400 in Year 1; 0 in Years 2+. $5,232,000 in Year 1; $0 in Years 2+. 10 The 5-year average equals the sum of (Year 1 costs of $868,200,270 + Year 2 costs of $339,309,502 + Year 3 costs of $339,309,502 + Year Jkt 262001 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 Total annual cost 4 costs of $339,309,502 + Year 5 costs of $339,309,502) divided by 5. E:\FR\FM\23JYN1.SGM 23JYN1 59809 Federal Register / Vol. 89, No. 141 / Tuesday, July 23, 2024 / Notices TABLE 2—ANNUAL COST ASSOCIATED WITH REQUIREMENTS—Continued Action Type of entity C. Develop and implement technical safeguards. D. Establish a secure system to store BOI. E. Establish and maintain an auditable system of standardized records for requests. F. Obtain and document customer consent. G. Submit certification for each request that it meets certain requirements. G. Submit written certification for each request that it meets certain requirements, including court authorization. G. Submit written certification for each request that it meets certain requirements. H. Undergo training ................ Financial institutions .............. 106 State, local, and Tribal agencies. State, local, and Tribal agencies. 80 Financial institutions .............. 106 Financial institutions .............. 106 H. Restrict access to appropriate persons within the agency, which specifies that appropriate persons will undergo training. I. Conduct an annual audit and cooperate with FinCEN’s annual audit. J. Obtain certification of standards and procedures initially and then semi-annually, by the head of the entity. K. Provide initial and then an annual report on procedures. L. Comply with certain geographic restrictions. M. Notify FinCEN of information demand from foreign government. Actions B, D, E, G, H, I–K ..... 0 in Year 1; 0 in Years 2+ ..... $0 in Year 1; $0 in Years 2+. 65,400 in Year 1; 872 in Years 2+. 43,600 in Year 1; 4,360 in Years 2+. $5,232,000 in Year 1; $69,760 in Years 2+. $3,488,000 in Year 1; $348,800 in Years 2+. 1,100,120 in Year 1; 314,320 in Years 2+. 1,474,161 in Year 1; 1,474,161 in Years 2+. $116,612,720 in Year 1; $33,317,920 in Years 2+. $156,261,066 in Year 1; $156,261,066 in Years 2+. 2,050,003 in Year 1; 1,649,994 in Years 2+. $164,000,240 in Year 1; $131,999,520 in Years 2+. State regulatory agencies ...... 80 7,500 in Year 1; 7,500 in Years 2+. $600,000 in Year 1; $600,000 in Years 2+. Financial institutions .............. 106 State, local, and Tribal agencies. 80 128,871 Years 2,006 in Years $13,660,326 in Year 1; $13,660,326 in Years 2+. $160,480 in Year 1; $160,480 in Years 2+. State, local, and Tribal agencies. 80 34,880 in Year 1; 34,880 in Years 2+. $2,790,400 in Year 1; $2,790,400 in Years 2+. State, local, and Tribal agencies. 80 Included in I ........................... Included in I. State, local, and Tribal agencies. 80 Included in I ........................... Included in I. Financial institutions .............. 106 0 in Year 1; 0 in Years 2+ ..... $0 in Year 1; $0 in Years 2+. Financial institutions .............. 106 0 in Year 1; 0 in Years 2+ ..... $0 in Year 1; $0 in Years 2+. SRO ....................................... 106 3,283 in Year 1; 955 in Years 2+. $347,998 in Year 1; $101,230 in Years 2+. ................................................ ........................ ................................................ $868,200,270 in Year 1; $339,309,502 in Years 2+ (Average of $515,606,425 across first 3 years). Proposed Data Fields and Certification Search for Beneficial Ownership Information Appendix—Beneficial Ownership Information (BOI) Request: Summary of Data Fields by Authorized Recipient Note: Data fields that must be filled in to start a search are identified with the * symbol next to the data field. Italicized text provides a description and/or explanation of lines and response options for purposes of this PRA notice. Jkt 262001 in Year 1; 128,871 in 2+. Year 1; 2,006 in 2+. I. Financial Institutions Melody Braswell, Treasury PRA Clearance Officer. ddrumheller on DSK120RN23PROD with NOTICES1 Total annual cost 80 Authority: 44 U.S.C. 3501 et seq. 18:47 Jul 22, 2024 80 Total annual hourly burden State, local, and Tribal law enforcement. Total Annual Cost ........... VerDate Sep<11>2014 Hourly wage * Reporting company legal name * Reporting company tax identification number type (select one from list of options) • EIN (Employer Identification Number) • SSN/ITIN (Social Security Number/ Individual Taxpayer Identification Number) • Foreign (if ‘‘foreign’’ is selected, a drop down menu for ‘‘country/jurisdiction’’ populates automatically; select from list of countries/jurisdictions) * Reporting company tax identification number PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 * Certification I certify on behalf of the financial institution making this request that: (1) this information is requested to facilitate the financial institution’s compliance with customer due diligence requirements under applicable law, as defined in 31 CFR 1010.955(b)(4)(i); (2) the financial institution has obtained and documented the consent of the reporting company to request this information from FinCEN; and (3) the financial institution has fulfilled all other requirements of 31 CFR 1010.955(d)(2). [Select ‘‘I agree’’] E:\FR\FM\23JYN1.SGM 23JYN1 59810 Federal Register / Vol. 89, No. 141 / Tuesday, July 23, 2024 / Notices II. State, Local, and Tribal Law Enforcement Agencies Proposed Data Fields and Certification Sunshine Act Meetings New Justification * Agency Reference (agency’s internal reference name for BOI request) * Court authorization description (description of the information the court has authorized the agency to seek) * Name of court of competent jurisdiction * Date of court authorization (mm/dd/yyyy) Checkbox Request is being conducted on behalf of another person in the same agency (select this checkbox if the BOI request is made on behalf of another person in the same agency; provide the following information if this checkbox is selected: * first name of requester; middle name of requester; * last name of requester; title; city; * country/ jurisdiction; state; ZIP/foreign postal code) * Certification I certify that a court of competent jurisdiction has authorized my agency to seek this information in a criminal or civil investigation and that the requested information is relevant to the criminal or civil investigation. [Select ‘‘I agree’’] III. State Regulatory Agencies Proposed Data Fields and Certification ddrumheller on DSK120RN23PROD with NOTICES1 Search Beneficial Ownership Information Requested by Financial Institutions To begin a search, provide a Financial Institution Name or Financial Institution Employer Identification Number (EIN). To further refine your search, you may enter a Reporting Company Legal Name, Reporting Company Tax Identification Number, and/or a date range in which the financial institution searched for beneficial ownership information. Financial Institution Financial Institution EIN (Employer Identification Number) Reporting Company Legal Name Reporting Company Tax Identification Number Start Date (mm/dd/yyyy) (start of date range of financial institution search for beneficial ownership information) End Date (mm/dd/yyyy) (end of date range of financial institution search for beneficial ownership information) *Certification I certify that my agency is authorized by law to assess, supervise, enforce, or otherwise determine the compliance of a relevant financial institution with customer due diligence requirements under applicable law, as defined in 31 CFR 1010.955(b)(4)(i), and that my agency will use the requested information solely for such purposes. [Select ‘‘I agree’’] [FR Doc. 2024–16174 Filed 7–22–24; 8:45 am] BILLING CODE 4810–02–P VerDate Sep<11>2014 18:47 Jul 22, 2024 Jkt 262001 UNIFIED CARRIER REGISTRATION PLAN July 24, 2024, 12 p.m. to 3 p.m., eastern time. TIME AND DATE: This meeting will be accessible via conference call and via Zoom Meeting and Screenshare. Any interested person may call (i) 1–929– 205–6099 (US Toll) or 1–669–900–6833 (US Toll), Meeting ID: 999 8197 2433, to listen and participate in this meeting. The website to participate via Zoom Meeting and Screenshare is https:// kellen.zoom.us/meeting/register/tJ0kfihqTkuGdcjv8CMQkMh-IRAi34YhShl. PLACE: IV. Review and Approval of Subcommittee Minutes From the February 15, 2024 Subcommittee Meeting—UCR Education and Training Subcommittee Chair For Discussion and Possible Subcommittee Action Draft minutes from the February 15, 2024 Subcommittee meeting will be reviewed. The Subcommittee will consider action to approve. V. Project Development—UCR Education and Training Subcommittee Chair The UCR Education and Training Subcommittee Chair will discuss the development of key projects. The projects that will be discussed include STATUS: This meeting will be open to the the development of the educational audit certificate program, the public. optimization and redesign of the MATTERS TO BE CONSIDERED: The Unified website, and the creation of a video Carrier Registration Plan Education and explaining the purpose and value of the Training Subcommittee (the UCR Plan and the National Registration ‘‘Subcommittee’’) will continue its work System it operates. in developing and implementing the VI. Other Business—UCR Education Unified Carrier Registration Plan and and Training Subcommittee Chair Agreement. The subject matter of this The UCR Education and Training meeting will include: Subcommittee Chair will call for any Proposed Agenda other items Subcommittee members would like to discuss. I. Call to Order—UCR Education and Training Subcommittee Chair VII. Adjournment—UCR Education and The UCR Education and Training Subcommittee Chair will welcome attendees, call the meeting to order, call roll for the Subcommittee, confirm whether a quorum is present, and facilitate self-introductions. II. Verification of Publication of Meeting Notice—UCR Executive Director Training Subcommittee Chair The UCR Education and Training Subcommittee Chair will adjourn the meeting. The agenda will be available no later than 5 p.m. eastern time, July 16, 2024 at: https://plan.ucr.gov. CONTACT PERSON FOR MORE INFORMATION: Elizabeth Leaman, Chair, Unified Carrier Registration Plan Board of Directors, (617) 305–3783, eleaman@ board.ucr.gov. The UCR Executive Director will verify the publication of the meeting notice on the UCR website and distribution to the UCR contact list via email followed by the subsequent publication of the notice in the Federal Register. Alex B. Leath, Chief Legal Officer, Unified Carrier Registration Plan. III. Review and Approval of Subcommittee Agenda and Setting of Ground Rules—UCR Education and Training Subcommittee Chair UNIFIED CARRIER REGISTRATION PLAN Ground Rules ➢ Subcommittee action only to be taken in designated areas on agenda Fmt 4703 Sfmt 4703 July 25, 2024, 12 p.m. to 3 p.m., eastern time. PLACE: This meeting will be accessible via conference call and via Zoom Meeting and Screenshare. Any interested person may call (i) 1–929– 205–6099 (US Toll) or 1–669–900–6833 (US Toll), Meeting ID: 998 8137 9916, to listen and participate in this meeting. TIME AND DATE: The Subcommittee Agenda will be reviewed, and the Subcommittee will consider adoption. Frm 00096 BILLING CODE 4910–YL–P Sunshine Act Meetings For Discussion and Possible Subcommittee Action PO 00000 [FR Doc. 2024–16246 Filed 7–19–24; 11:15 am] E:\FR\FM\23JYN1.SGM 23JYN1

Agencies

[Federal Register Volume 89, Number 141 (Tuesday, July 23, 2024)]
[Notices]
[Pages 59805-59810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16174]


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DEPARTMENT OF THE TREASURY


Agency Information Collection Activities; Proposed Collection; 
Submission for OMB Review; Beneficial Ownership Information Collection 
Request

AGENCY: Departmental Offices, U.S. 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 information 
collection associated with requests made to FinCEN by certain persons 
for beneficial ownership information, 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

[[Page 59806]]

to submit comments on this information collection request.

DATES: Written comments must be received on or before August 22, 2024.

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 Access and 
Safeguards final rule (the ``BOI Access Rule'') on December 22, 
2023,\1\ regarding access by authorized recipients to beneficial 
ownership information (BOI) that will be reported to FinCEN pursuant to 
Section 6403 of the Corporate Transparency Act (CTA), enacted into law 
as part of National Defense Authorization Act for Fiscal Year 2021 
(NDAA).\2\ The BOI Access Rule implements the strict protocols required 
by the CTA to protect sensitive personally identifiable information 
(PII) reported to FinCEN pursuant to the CTA and establish the 
circumstances in which specified recipients have access to beneficial 
ownership information (BOI), along with the data protection protocols 
and oversight mechanisms applicable to each recipient category. The 
disclosure of BOI to authorized recipients in accordance with 
appropriate protocols and oversight will help law enforcement and 
national security agencies prevent and combat money laundering, 
terrorist financing, tax fraud, and other illicit activity, as well as 
protect national security.
---------------------------------------------------------------------------

    \1\ FinCEN, Beneficial Ownership Information Access and 
Safeguards, 88 FR 88732 (Dec. 22, 2023), available at https://www.federalregister.gov/documents/2023/12/22/2023-27973/beneficial-ownership-information-access-and-safeguards.
    \2\ 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, amends 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 3
---------------------------------------------------------------------------

    \3\ Public Law 104-13, 44 U.S.C. 3506(c)(2)(A).
---------------------------------------------------------------------------

    Title: Beneficial Ownership Information (BOI) Requests.
    OMB Control Number: 1506-0077
    Type of Review: New collection.
    Description: As explained in the regulatory impact analysis (RIA) 
of the BOI Access Rule, the rule requires State, local, and Tribal 
agencies and financial institutions that access BOI to satisfy certain 
security and confidentiality requirements, including establishing 
certain standards and procedures, and developing and implementing 
safeguards. As a prerequisite for access to BOI, the rule also requires 
State, local, and Tribal agencies and financial institutions to provide 
a certification for each request for BOI (``BOI request''). Along with 
the certification, State, local, and Tribal agencies and financial 
institutions will also provide information by filling out data fields 
for each BOI request. These data fields are set out in the Appendix. 
While some data fields will be optional, others will be required. Self-
regulatory organizations (SROs) cannot make BOI requests to FinCEN 
under the BOI Access Rule, but can receive BOI via redisclosure from 
other entities in some circumstances if they fulfill certain 
requirements.
    Consistent with the requirements of the PRA, FinCEN carefully 
considered the comments received in response to the 60-day notice that 
proposed the information collection associated with BOI requests for 
public comment.\4\ The 60-day notice sought comment only on the burden 
for the information collection associated with such BOI requests, which 
corresponds to the burden associated with ``submit[ting] written 
certification for each request that it meets certain requirements.'' 
Further details about those burdens are set forth in the BOI Access 
Rule RIA (see Action G within Tables 1 and 2) and below. To provide 
greater clarity to authorized recipients on the data fields and 
certification that will be required when submitting BOI requests, this 
notice includes a revised Appendix (Beneficial Ownership Information 
(BOI) Request: Summary of Data Fields by Authorized Recipient). Also, 
as previously noted in the BOI Access Rule, FinCEN intends to provide 
additional details regarding the form and manner of BOI requests for 
all categories of authorized recipients through specific instructions 
and guidance.
---------------------------------------------------------------------------

    \4\ 89 FR 5995 (Jan. 30, 2024).
---------------------------------------------------------------------------

    The following analysis represents the entirety of the burden under 
OMB control number 1506-0077, which is associated with the BOI Access 
Rule. FinCEN previously solicited public comment on the full burden of 
the BOI Access Rule, including the certification requirement for the 
information collection associated with BOI access requests, as part of 
that rulemaking.
    Form: BOI Request.
    Affected Public: State, local and Tribal agencies, SROs, and 
financial institutions with customer due diligence requirements under 
applicable law, as defined in the BOI Access Rule. While Federal and 
foreign requesters are able to access BOI after meeting specific 
requirements, FinCEN does not include them in the PRA analysis because 
the regulations implementing the PRA define ``person'' as an 
individual, partnership, association, corporation (including operations 
of government-owned contractor-operated facilities), business trust, or 
legal representative, an organized group of individuals, a State, 
territorial, Tribal, or local government or branch thereof, or a 
political subdivision of a State, territory, Tribal, or local 
government or a branch of a political subdivision.\5\ For foreign 
requesters in particular, FinCEN assumes that such requests will be 
made at the national level.
---------------------------------------------------------------------------

    \5\ See 5 CFR 1320.3(k).
---------------------------------------------------------------------------

    Estimated Number of Respondents: 15,934 entities. This total is 
composed of an estimated 215 State, local, and Tribal agencies (of 
which 158 are State, local, and Tribal law enforcement agencies and 57 
are State regulatory agencies), 3 SROs, and 15,716 financial 
institutions.\6\ While the requirements in the rule are only imposed on 
those that optionally access BOI, for purposes of PRA burden analysis, 
FinCEN assumes maximum participation from State, local, and Tribal 
agencies, SROs, and financial institutions.
---------------------------------------------------------------------------

    \6\ See Table 1 in the RIA of the BOI Access Rule for the types 
of financial institutions covered by this notice. 88 FR 88789 (Dec. 
22, 2023).
---------------------------------------------------------------------------

    Frequency of Response: As required; varies depending on the 
requirement.
    Estimated Time per Respondent: See ``Hours per Entity'' column in 
Table 1 below for estimated time for each requirement per respondent.
    Estimated Total Annual Reporting and Recordkeeping Burden: FinCEN 
estimates that during year 1 the annual hourly burden will be 8,743,781 
hours. In year 2 and onward, FinCEN estimates that the annual hourly 
burden will be 3,616,964 hours. The annual estimated

[[Page 59807]]

burden hours for State, local, and Tribal entities and SROs is 
2,268,789 hours in the first year, and 1,699,612 hours in year 2 and 
onward. As shown in Table 1 below, the hourly burden in year 1 for 
State, local, and Tribal agencies and SROs includes the hourly burden 
associated with the following requirements: entering into an agreement 
with FinCEN and establishing standards and procedures (Action B); 
establishing a secure system to store BOI (Action D); establishing and 
maintaining an auditable system of standardized records for requests 
(Action E); submitting written certification for each request that it 
meets certain requirements (Action G); restricting access to 
appropriate persons within the entity (Action H); conducting an annual 
audit and cooperate with FinCEN's annual audit (Action I); obtaining 
certification of standards and procedures, initially and then semi-
annually, by the head of the entity (Action J); and providing annual 
reports on procedures (Action K). The hourly burden in year 2 and 
onward for State, local, and Tribal agencies and SROs is associated 
with the same requirements as year 1, with the exception of Action B 
because FinCEN expects this action will result in costs for these 
entities in year 1 only.
    The annual estimated hourly burden for financial institutions is 
6,474,992 hours in the first year and 1,917,352 hours in year 2 and 
onward. The hourly burden for financial institutions in year 1 is 
associated with the following: developing and implementing 
administrative and physical safeguards (Action A); developing and 
implementing technical safeguards (Action C); obtaining and documenting 
customer consent (Action F); submitting certification for each request 
that it meets certain requirements (Action G); undergoing training 
(Action H); complying with certain geographic restrictions (Action L); 
and notifying FinCEN if they receive an information demand from a 
foreign government (Action M). The hourly burden in year 2 and onward 
for financial institutions is associated only with the requirements for 
Actions F, G, and H because FinCEN expects the other actions will 
result in costs for these entities in year 1 only.
    Annual estimated burden declines in year 2 and onward because 
State, local, and Tribal agencies, SROs, and financial institutions no 
longer need to complete Actions A and B, and have a lower hourly burden 
for Actions E and F. State, local, and Tribal law enforcement agencies 
have a lower hourly burden for Action G. Table 1 lists the type of 
entity, the number of entities, the hours per entity, and the total 
hourly burden by action. For Actions A, B, C, D, E, F, I, J, K, L, and 
M the hours per entity are the maximum of the range estimated in the 
cost analysis of the RIA. For Action G and H, the hours per entity 
calculations are specified in footnotes to Table 1. Total annual hourly 
burden is calculated by multiplying the number of entities by the hours 
per entity for each action. In each subsequent year after initial 
implementation, FinCEN estimates that the total hourly annual burden is 
3,616,964. This results in a 5-year average burden estimate of 
approximately 4,642,327 hours.\7\
---------------------------------------------------------------------------

    \7\ The 5-year average equals the sum of (Year 1 burden hours of 
8,743,781 + Year 2 burden hours of 3,616,964 + Year 3 burden hours 
of 3,616,964 + Year 4 burden hours of 3,616,964 + Year 5 burden 
hours of 3,616,964) divided by 5.
---------------------------------------------------------------------------

    This notice seeks comment on the estimated total annual reporting 
and recordkeeping burden for the information collection associated with 
BOI requests, specifically the requirement to submit written 
certification for each request that it meets certain requirements 
(Action G in Table 1 below).\8\ FinCEN previously provided notice and 
an opportunity for public comment on all actions that constitute the 
reporting and recordkeeping burden associated with the BOI Access Rule, 
including the certification requirement, as well as the estimated total 
annual burden, through the BOI Access Rule rulemaking. As explained 
above, FinCEN is issuing this notice with regard to the information 
collection associated with BOI requests; therefore, this notice seeks 
comment only on the certification requirement.
---------------------------------------------------------------------------

    \8\ As noted previously, SROs will not have direct access to 
BOI, but may receive BOI through redisclosure. Accordingly, SROs may 
not need to meet every requirement that they are described as 
meeting in Tables 1 and 2 to receive BOI. However, except where 
noted in those tables, FinCEN has generally assessed similar costs 
for SROs as for state, local, and Tribal agencies for analytical 
purposes. This analysis thus may overestimate the burden on SROs, 
but FinCEN lacks reliable data from which to formulate SRO-specific 
estimates for receiving BOI.

                           Table 1--Annual Hourly Burden Associated With Requirements
----------------------------------------------------------------------------------------------------------------
                                                           Number of                         Total annual hourly
              Action                  Type of entity       entities       Hours per entity          burden
----------------------------------------------------------------------------------------------------------------
A. Develop and implement           Financial                    15,716  240 in Year 1; 0 in  3,771,840 in Year
 administrative and physical        institutions.                        Years 2+.            1; 0 in Years 2+.
 safeguards.
B. Enter into an agreement with    State, local, and               218  300 in Year 1; 0 in  65,400 in Year 1; 0
 FinCEN and establish standards     Tribal agencies                      Years 2+.            in Years 2+.
 and procedures.                    and SROs.
C. Develop and implement           Financial                    15,716  0 in Year 1; 0 in    0 in Year 1; 0 in
 technical safeguards.              institutions.                        Years 2+.            Years 2+.
D. Establish a secure system to    State, local, and               218  300 in Year 1; 4 in  65,400 in Year 1;
 store BOI.                         Tribal agencies                      Years 2+.            872 in Years 2+.
                                    and SROs.
E. Establish and maintain an       State, local, and               218  200 in Year 1; 20    43,600 in Year 1;
 auditable system of standardized   Tribal agencies                      in Years 2+.         4,360 in Years 2+.
 records for requests.              and SROs.
F. Obtain and document customer    Financial                    15,716  70 in Year 1; 20 in  1,100,120 in Year
 consent.                           institutions.                        Years 2+.            1; 314,320 in
                                                                                              Years 2+.
G. Submit certification for each   Financial                    15,716  94 in Year 1; 94 in  1,474,161 in Year
 request that it meets certain      institutions.                        Years 2+.            1; 1,474,161 in
 requirements \1\.                                                                            Years 2+.
G. Submit written certification    State, local, and               158  12,975 in Year 1;    2,050,003 in Year
 for each request that it meets     Tribal law                           10,443 in Years 2+.  1; 1,649,994 in
 certain requirements, including    enforcement.                                              Years 2+.
 court authorization.

[[Page 59808]]

 
G. Submit written certification    State regulatory                 60  125 in Year 1; 125   7,500 in Year 1;
 for each request that it meets     agencies and SROs.                   in Years 2+.         7,500 in Years 2+.
 certain requirements.
H. Undergo training \2\..........  Financial                    15,716  8 in Year 1; 8 in    128,871 in Year 1;
                                    institutions.                        Years 2+.            128,871 in Years
                                                                                              2+.
H. Restrict access to appropriate  State, local, and               218  9 in Year 1, 9 in    2,006 in Year 1;
 persons within the entity, which   Tribal agencies                      Years 2+.            2,006 in Years 2+.
 specifies that appropriate         and SROs.
 persons will undergo training
 \3\.
I. Conduct an annual audit and     State, local, and               218  160 in Year 1; 160   34,880 in Year 1;
 cooperate with FinCEN's annual     Tribal agencies                      in Years 2+.         34,880 in Years
 audit.                             and SROs.                                                 2+.
J. Obtain certification of         State, local, and               218  Included in I......  Included in I.
 standards and procedures           Tribal agencies
 initially and then semi-           and SROs.
 annually, by the head of the
 entity.
K. Provide initial and then an     State, local, and               218  Included in I......  Included in I.
 annual report on procedures.       Tribal agencies
                                    and SROs.
L. Comply with certain geographic  Financial                    15,716  0 in Year 1; 0 in    0 in Year 1; 0 in
 restrictions.                      institutions.                        Years 2+.            Years 2+.
M. Notify FinCEN of information    Financial                    15,716  0 in Year 1; 0 in    0 in Year 1; 0 in
 demand from foreign government.    institutions.                        Years 2+.            Years 2+.
                                  ------------------------------------------------------------------------------
    Total Annual Hourly Burden...  ...................  ..............  ...................  8,743,781 in Year
                                                                                              1; 3,616,964 in
                                                                                              Years 2+ (Average
                                                                                              of 5,325,903 hours
                                                                                              across first 3
                                                                                              years).
----------------------------------------------------------------------------------------------------------------
\1\ For all types of entities, the hours per entity for Action G is the per entity share of the aggregate burden
  estimated in the RIA.
\2\ For financial institutions, the hours per entity for Action H equals the weighted average of the large and
  small financial institutions' maximum burden estimated in the RIA.
\3\ For State, local, and Tribal agencies and SROs, the hours per entity for Action H equals the per entity
  share of the aggregate burden.

    Estimated Total Annual Reporting and Recordkeeping Cost: As 
described in Table 3 of the BOI Access Rule RIA, FinCEN calculated the 
fully loaded hourly wage for each type of affected entity type.\9\ 
Using these estimated wages, the total cost of the annual burden in 
year 1 is $868,200,270. In year 2 and onward, FinCEN estimates that the 
total cost of the annual burden is $339,309,502, owing to Actions A and 
B only imposing burdens in year 1, Actions D and E having lower annual 
per entity burdens, and Action G having lower burden per request for 
State, local, and Tribal law enforcement agencies. The annual estimated 
cost for State, local, and Tribal agencies and SROs is $181,851,118 in 
the first year and $136,070,190 in year 2 and onward. The annual 
estimated cost for financial institutions is $686,349,152 in the first 
year and $203,239,312 in year 2 and onward. The 5-year average annual 
cost estimate is $445,087,656.\10\
---------------------------------------------------------------------------

    \9\ 88 FR 88791 (Dec. 22, 2023).
    \10\ The 5-year average equals the sum of (Year 1 costs of 
$868,200,270 + Year 2 costs of $339,309,502 + Year 3 costs of 
$339,309,502 + Year 4 costs of $339,309,502 + Year 5 costs of 
$339,309,502) divided by 5.
---------------------------------------------------------------------------

    This notice seeks comment on the estimated total annual reporting 
and recordkeeping cost for the information collection associated with 
BOI requests, specifically the requirement to ``submit written 
certification for each request that it meets certain requirements'' 
(Action G in Table 2 below). FinCEN previously provided notice and an 
opportunity for public comment on all actions that constitute the 
reporting and recordkeeping cost associated with the BOI Access Rule, 
including the certification requirement, as well as the estimated total 
annual reporting and recordkeeping cost, through the BOI Access Rule 
rulemaking. As FinCEN is issuing this notice with regard to the 
information collection associated with BOI requests, this notice seeks 
comment only on the certification requirement.

                                Table 2--Annual Cost Associated With Requirements
----------------------------------------------------------------------------------------------------------------
                                                                        Total annual hourly
              Action                  Type of entity      Hourly wage          burden         Total annual cost
----------------------------------------------------------------------------------------------------------------
A. Develop and implement           Financial                      $106  3,771,840 in Year    $399,815,040 in
 administrative and physical        institutions.                        1; 0 in Years 2+.    Year 1; $0 in
 safeguards.                                                                                  Years 2+.
B. Enter into an agreement with    State, local, and                80  65,400 in Year 1; 0  $5,232,000 in Year
 FinCEN and establish standards     Tribal agencies.                     in Years 2+.         1; $0 in Years 2+.
 and procedures.

[[Page 59809]]

 
C. Develop and implement           Financial                       106  0 in Year 1; 0 in    $0 in Year 1; $0 in
 technical safeguards.              institutions.                        Years 2+.            Years 2+.
D. Establish a secure system to    State, local, and                80  65,400 in Year 1;    $5,232,000 in Year
 store BOI.                         Tribal agencies.                     872 in Years 2+.     1; $69,760 in
                                                                                              Years 2+.
E. Establish and maintain an       State, local, and                80  43,600 in Year 1;    $3,488,000 in Year
 auditable system of standardized   Tribal agencies.                     4,360 in Years 2+.   1; $348,800 in
 records for requests.                                                                        Years 2+.
F. Obtain and document customer    Financial                       106  1,100,120 in Year    $116,612,720 in
 consent.                           institutions.                        1; 314,320 in        Year 1;
                                                                         Years 2+.            $33,317,920 in
                                                                                              Years 2+.
G. Submit certification for each   Financial                       106  1,474,161 in Year    $156,261,066 in
 request that it meets certain      institutions.                        1; 1,474,161 in      Year 1;
 requirements.                                                           Years 2+.            $156,261,066 in
                                                                                              Years 2+.
G. Submit written certification    State, local, and                80  2,050,003 in Year    $164,000,240 in
 for each request that it meets     Tribal law                           1; 1,649,994 in      Year 1;
 certain requirements, including    enforcement.                         Years 2+.            $131,999,520 in
 court authorization.                                                                         Years 2+.
G. Submit written certification    State regulatory                 80  7,500 in Year 1;     $600,000 in Year 1;
 for each request that it meets     agencies.                            7,500 in Years 2+.   $600,000 in Years
 certain requirements.                                                                        2+.
H. Undergo training..............  Financial                       106  128,871 in Year 1;   $13,660,326 in Year
                                    institutions.                        128,871 in Years     1; $13,660,326 in
                                                                         2+.                  Years 2+.
H. Restrict access to appropriate  State, local, and                80  2,006 in Year 1;     $160,480 in Year 1;
 persons within the agency, which   Tribal agencies.                     2,006 in Years 2+.   $160,480 in Years
 specifies that appropriate                                                                   2+.
 persons will undergo training.
I. Conduct an annual audit and     State, local, and                80  34,880 in Year 1;    $2,790,400 in Year
 cooperate with FinCEN's annual     Tribal agencies.                     34,880 in Years 2+.  1; $2,790,400 in
 audit.                                                                                       Years 2+.
J. Obtain certification of         State, local, and                80  Included in I......  Included in I.
 standards and procedures           Tribal agencies.
 initially and then semi-
 annually, by the head of the
 entity.
K. Provide initial and then an     State, local, and                80  Included in I......  Included in I.
 annual report on procedures.       Tribal agencies.
L. Comply with certain geographic  Financial                       106  0 in Year 1; 0 in    $0 in Year 1; $0 in
 restrictions.                      institutions.                        Years 2+.            Years 2+.
M. Notify FinCEN of information    Financial                       106  0 in Year 1; 0 in    $0 in Year 1; $0 in
 demand from foreign government.    institutions.                        Years 2+.            Years 2+.
Actions B, D, E, G, H, I-K.......  SRO................             106  3,283 in Year 1;     $347,998 in Year 1;
                                                                         955 in Years 2+.     $101,230 in Years
                                                                                              2+.
                                  ------------------------------------------------------------------------------
    Total Annual Cost............  ...................  ..............  ...................  $868,200,270 in
                                                                                              Year 1;
                                                                                              $339,309,502 in
                                                                                              Years 2+ (Average
                                                                                              of $515,606,425
                                                                                              across first 3
                                                                                              years).
----------------------------------------------------------------------------------------------------------------

    Authority: 44 U.S.C. 3501 et seq.

Melody Braswell,
Treasury PRA Clearance Officer.

Appendix--Beneficial Ownership Information (BOI) Request: Summary of 
Data Fields by Authorized Recipient

    Note:  Data fields that must be filled in to start a search are 
identified with the * symbol next to the data field. Italicized text 
provides a description and/or explanation of lines and response 
options for purposes of this PRA notice.

I. Financial Institutions

Proposed Data Fields and Certification

Search for Beneficial Ownership Information

* Reporting company legal name
* Reporting company tax identification number type (select one from 
list of options)
     EIN (Employer Identification Number)
     SSN/ITIN (Social Security Number/Individual Taxpayer 
Identification Number)
     Foreign (if ``foreign'' is selected, a drop down menu 
for ``country/jurisdiction'' populates automatically; select from 
list of countries/jurisdictions)
* Reporting company tax identification number
* Certification

    I certify on behalf of the financial institution making this 
request that: (1) this information is requested to facilitate the 
financial institution's compliance with customer due diligence 
requirements under applicable law, as defined in 31 CFR 
1010.955(b)(4)(i); (2) the financial institution has obtained and 
documented the consent of the reporting company to request this 
information from FinCEN; and (3) the financial institution has 
fulfilled all other requirements of 31 CFR 1010.955(d)(2).
    [Select ``I agree'']

[[Page 59810]]

II. State, Local, and Tribal Law Enforcement Agencies

Proposed Data Fields and Certification

New Justification

* Agency Reference (agency's internal reference name for BOI 
request)
* Court authorization description (description of the information 
the court has authorized the agency to seek)
* Name of court of competent jurisdiction
* Date of court authorization (mm/dd/yyyy)
Checkbox Request is being conducted on behalf of another person in 
the same agency (select this checkbox if the BOI request is made on 
behalf of another person in the same agency; provide the following 
information if this checkbox is selected: * first name of requester; 
middle name of requester; * last name of requester; title; city; * 
country/jurisdiction; state; ZIP/foreign postal code)
* Certification

    I certify that a court of competent jurisdiction has authorized 
my agency to seek this information in a criminal or civil 
investigation and that the requested information is relevant to the 
criminal or civil investigation.
    [Select ``I agree'']

III. State Regulatory Agencies

Proposed Data Fields and Certification

Search Beneficial Ownership Information Requested by Financial 
Institutions

    To begin a search, provide a Financial Institution Name or 
Financial Institution Employer Identification Number (EIN). To 
further refine your search, you may enter a Reporting Company Legal 
Name, Reporting Company Tax Identification Number, and/or a date 
range in which the financial institution searched for beneficial 
ownership information.

Financial Institution
Financial Institution EIN (Employer Identification Number)
Reporting Company Legal Name
Reporting Company Tax Identification Number
Start Date (mm/dd/yyyy) (start of date range of financial 
institution search for beneficial ownership information)
End Date (mm/dd/yyyy) (end of date range of financial institution 
search for beneficial ownership information)
*Certification

    I certify that my agency is authorized by law to assess, 
supervise, enforce, or otherwise determine the compliance of a 
relevant financial institution with customer due diligence 
requirements under applicable law, as defined in 31 CFR 
1010.955(b)(4)(i), and that my agency will use the requested 
information solely for such purposes.
    [Select ``I agree'']

[FR Doc. 2024-16174 Filed 7-22-24; 8:45 am]
BILLING CODE 4810-02-P


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