Agency Information Collection Activities; Proposed Collection; Submission for OMB Review; Beneficial Ownership Information Collection Request, 59805-59810 [2024-16174]
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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
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18:47 Jul 22, 2024
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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:
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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:
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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.
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18:47 Jul 22, 2024
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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
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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).
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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.
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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
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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.
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Number of
entities
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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.
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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
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Total annual cost
4 costs of $339,309,502 + Year 5 costs of
$339,309,502) divided by 5.
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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]
-----------------------------------------------------------------------
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\
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\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.
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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+.
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Total Annual Cost............ ................... .............. ................... $868,200,270 in
Year 1;
$339,309,502 in
Years 2+ (Average
of $515,606,425
across first 3
years).
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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