Agency Information Collection Activities; Proposed Renewal; Comment Request; Renewal Without Change of Regulations Requiring Additional Records To Be Made and Retained by Dealers in Foreign Exchange and Additional Records To Be Made and Retained by Brokers or Dealers in Securities, 65980-65984 [2024-18036]
Download as PDF
65980
Federal Register / Vol. 89, No. 156 / Tuesday, August 13, 2024 / Notices
TABLE 2—DISTRIBUTION OF THE ESTIMATED TOTAL ANNUAL BURDEN HOURS PER REQUIREMENT—Continued
Number of
casinos
Total hourly
burden
Required activities
Instances per year
Time per instance
D. Ongoing compliance with the requirements in 31
CFR 1021.210(b)(2)(v) and (vi).
1 per casino ...................................
99 hours ..................
1,277
126,423
Total hourly burden .............................................
........................................................
.................................
........................
127,912
* 106.41 rounded to 106.
FinCEN is utilizing the same fullyloaded composite hourly wage rate of
$106.30 utilized in the 2024 NPRMs
entitled Customer Identification
Programs for Registered Investment
Advisers and Exempt Reporting
Companies and Anti-Money Laundering
and Countering the Financing of
Terrorism Programs, as well as in recent
60-Day Notices to renew OMB control
numbers corresponding to specific BSA
regulations.23
The total estimated cost of the annual
PRA burden is $13,597,045.60, as
reflected in table 3 below:
TABLE 3—ESTIMATED TOTAL COST OF ANNUAL PRA BURDEN
lotter on DSK11XQN23PROD with NOTICES1
Required activities
Burden hours
Wage rate
Total cost
A. Maintaining and updating the written AML program .............................................
B. Storing the written AML program ..........................................................................
C. Producing the AML program upon request ..........................................................
D. Ongoing compliance with the requirements in 31 CFR 1021.210(b)(2)(v) and
(vi) ..........................................................................................................................
1,277
106
106
$106.30
106.30
106.30
$135,745.10
11,267.80
11,267.80
126,423
106.30
13,438,764.90
Total cost ............................................................................................................
..............................
..............................
13,597,045.60
Estimated Number of Respondents:
1,277 casinos, as set out in table 1.
Estimated Total Annual
Recordkeeping Burden: The estimated
annual PRA burden is approximately
127,912 hours, as set out in table 2.
Estimated Total Annual
Recordkeeping Cost: The estimated total
annual PRA cost is approximately
$13,597,045.60, as set out in table 3.
An Agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless the collection of information
displays a valid OMB control number.
Records required to be retained under
the BSA must be retained for five
years.24
Request for Comments: Comments
submitted in response to this notice will
be summarized and/or included in the
request for OMB approval. All
comments will become a matter of
public record. Comments are invited on:
(i) whether the collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
practical utility; (ii) the accuracy of the
agency’s estimate of the burden of the
collection of information; (iii) ways to
enhance the quality, utility, and clarity
of the information to be collected; (iv)
23 See, e.g., FinCEN and SEC, NPRM Customer
Identification Programs for Registered Investment
Advisers and Exempt Reporting Advisers, 89 FR
44571 (May 21, 2024); FinCEN, NPRM Anti-Money
Laundering and Countering the Financing of
Terrorism Programs NPRM, 89 FR 55428 (July 3,
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17:55 Aug 12, 2024
Jkt 262001
ways to minimize the burden of the
collection of information on
respondents, including through the use
of automated collection techniques or
other forms of information technology;
and (v) estimates of capital or start-up
costs and costs of operation,
maintenance, and purchase of services
to provide information.
Notice and request for
comments.
ACTION:
Financial Crimes Enforcement
Network (FinCEN), Treasury.
As part of its continuing effort
to reduce paperwork and respondent
burden, FinCEN invites comments on
the proposed renewal, without change,
of existing information collection
requirements found in Bank Secrecy Act
regulations that require dealers in
foreign exchange and broker-dealers in
securities to retain originals or copies of
specified account or transaction records,
and that require dealers in foreign
exchange to secure and maintain
records of the taxpayer identification
number of persons for whom a
transaction account is opened or a line
of credit is extended. This request for
comments is made pursuant to the
Paperwork Reduction Act of 1995.
DATES: Written comments are welcome
and must be received on or before
October 15, 2024.
ADDRESSES: Comments may be
submitted by any of the following
methods:
• Federal E-rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Refer to Docket Number FINCEN–2024–
0014 and Office of Management and
2024); FinCEN, Agency Information Collection
Activities; Proposed Renewal; Comment Request;
Renewal Without Change of the Customer
Identification Program Regulatory Requirements for
Certain Financial Institutions, 89 FR 51940 (June
20, 2024); FinCEN, Agency Information Collection
Activities; Proposed Renewal; Comment Request;
Renewal Without Change of Due Diligence
Programs for Correspondent Accounts for Foreign
Financial Institutions and for Private Banking
Accounts, 89 FR 49273, (June 11, 2024).
24 See 31 CFR 1010.430.
Andrea M. Gacki,
Director, Financial Crimes Enforcement
Network.
[FR Doc. 2024–18034 Filed 8–12–24; 8:45 am]
BILLING CODE 4810–02–P
DEPARTMENT OF THE TREASURY
Financial Crimes Enforcement Network
Agency Information Collection
Activities; Proposed Renewal;
Comment Request; Renewal Without
Change of Regulations Requiring
Additional Records To Be Made and
Retained by Dealers in Foreign
Exchange and Additional Records To
Be Made and Retained by Brokers or
Dealers in Securities
AGENCY:
PO 00000
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SUMMARY:
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Federal Register / Vol. 89, No. 156 / Tuesday, August 13, 2024 / Notices
Budget (OMB) control numbers 1506–
0052 and 1506–0053.
• Mail: Policy Division, Financial
Crimes Enforcement Network, P.O. Box
39, Vienna, VA 22183. Refer to Docket
Number FINCEN–2024–0014 and OMB
control numbers 1506–0052 and 1506–
0053.
Please submit comments by one
method only. Comments will be
reviewed consistent with the Paperwork
Reduction Act of 1995 and applicable
OMB regulations and guidance. All
comments submitted in response to this
notice will become a matter of public
record. Therefore, you should submit
only information that you wish to make
publicly available.
FOR FURTHER INFORMATION CONTACT:
FinCEN’s Regulatory Support Section at
1–800–767–2825 or electronically at
frc@fincen.gov.
SUPPLEMENTARY INFORMATION:
lotter on DSK11XQN23PROD with NOTICES1
I. Statutory and Regulatory Provisions
The legislative framework generally
referred to as the Bank Secrecy Act
(BSA) consists of the Currency and
Foreign Transactions Reporting Act of
1970, as amended by the Uniting and
Strengthening America by Providing
Appropriate Tools Required to Intercept
and Obstruct Terrorism Act of 2001
(USA PATRIOT Act) 1 and other
legislation, including the Anti-Money
Laundering Act of 2020 (AML Act).2
The BSA is codified at 12 U.S.C. 1829b,
1951–1960 and 31 U.S.C. 5311–5314,
5316–5336, including notes thereto,
with implementing regulations at 31
CFR chapter X.
The BSA authorizes the Secretary of
the Treasury (Secretary) to, inter alia,
require financial institutions to keep
records and file reports that are
determined to have a high degree of
usefulness in criminal, tax, or regulatory
matters, risk assessments or
proceedings, or in the conduct of
intelligence or counter-intelligence
activities to protect against terrorism,
and to implement anti-money
laundering/countering the financing of
terrorism (AML/CFT) programs and
compliance procedures.3 The authority
of the Secretary to administer the BSA
has been delegated to the Director of
FinCEN.4
1 USA PATRIOT Act, Public Law 107–56, 115
Stat. 272 (2001).
2 The AML Act was enacted as Division F,
sections 6001–6511 of the William M. (Mac)
Thornberry National Defense Authorization Act for
Fiscal Year 2021, Public Law 116–283, 134 Stat.
3388.
3 See 31 U.S.C. 5311.
4 Treasury Order 180–01 (Jan. 14, 2020); see also
31 U.S.C. 310(b)(2)(I) (providing that FinCEN
Director ‘‘[a]dminister the requirements of
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A. 31 CFR 1022.410—Additional
Records To Be Made and Retained by
Dealers in Foreign Exchange
Pursuant to 31 CFR 1022.410(a), a
dealer in foreign exchange must secure
and maintain a record of the taxpayer
identification number of certain persons
for whom a transaction account is
opened or a line of credit is extended.
The taxpayer identification number
must be obtained and recorded within
30 days of the date the account is
opened or credit line extended, or
longer if the person opening the account
or seeking the line of credit needs to
apply for a taxpayer identification or
social security number. For non-resident
aliens, a dealer in foreign exchange is
required to record the person’s passport
number or a description of some other
government document used to verify his
or her identity. A dealer in foreign
exchange will not be treated as violating
31 CFR 1022.410(a) if it has made a
reasonable effort to obtain a taxpayer
identification number, maintains a list
containing the names, addresses, and
account or credit line numbers of those
persons from whom it has not secured
a taxpayer identification number, and
provides these names, addresses, and
account or credit line numbers to the
Secretary upon request. Furthermore, a
dealer in foreign exchange need not
secure a taxpayer identification number
in instances involving accounts for
public funds opened by agencies or
instrumentalities of federal, state, local,
or foreign government, accounts for
ambassadors, career diplomatic or
consular officers, military attaches,
accredited representatives to
international organizations and certain
other aliens, and accounts for
unincorporated subordinate units of a
tax-exempt central organization that are
covered by a group exemption letter.
Pursuant to 31 CFR 1022.410(b), a
dealer in foreign exchange must also
retain the original or a copy of nine
types of documents: (1) statements of
accounts from banks, including
documents representing the entries
reflected on such statements; (2) daily
work records, including documents
needed to identify and reconstruct
currency transactions with customers
and foreign banks; (3) a record of each
exchange of currency involving
transactions in excess of $1,000,
including the customer’s name and
address (and passport or taxpayer
identification number unless received
by mail or common carrier), the date
subchapter II of chapter 53 of this title, chapter 2
of title I of Public Law 91–508, and section 21 of
the Federal Deposit Insurance Act, to the extent
delegated such authority by the Secretary.’’).
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65981
and amount of the transaction, and the
currency name, country, and total
amount of each foreign currency; (4)
signature cards or other documents
evidencing signature authority over
each deposit or security account,
containing specified items of
information about the customer
(including a record of the actual owner
of the account if customer accounts are
maintained in a code name); (5) each
item, including checks, drafts, and
transfers of credit, of more than $10,000
remitted or transferred to a person,
account, or place outside the United
States; (6) a record of each receipt of
currency, other monetary instruments,
investment securities and checks, and of
each transfer of funds or credit, or more
than $10,000 received on any one
occasion directly and not through a
domestic financial institution, from any
person, account, or place outside the
United States; (7) records prepared or
received by the dealer in foreign
exchange in the ordinary course of
business that would be needed to
reconstruct an account and trace a check
in excess of $100 deposited in such an
account through its internal
recordkeeping system to its depository
institution, or to supply a description of
such a deposited check; (8) a record of
the name, address, and taxpayer
identification number of any person
presenting a certificate of deposit for
payment, as well as a description of the
instrument and the date of the
transaction; and (9) a system of books
and records that enables the dealer in
foreign exchange to prepare an accurate
balance sheet and income statement. To
the extent that these records include
originals or copies of checks, drafts,
monetary instruments, investment
securities, or other similar instruments,
copies of front and back of such
instruments must generally be retained.5
If no record is made in the ordinary
course of business of any transaction
with respect to which records are
required to be retained, then such a
record shall be prepared in writing.6
Records must be maintained for five
years.7
B. 31 CFR 1023.410—Additional
Records To Be Made and Retained by
Brokers or Dealers in Securities
Pursuant 31 CFR 1023.410(a), a broker
or dealer in securities is required to
secure and maintain a record of certain
identifying information for persons who
have opened brokerage accounts during
the period from June 30, 1972 to
5 31
CFR 1010.430(a).
CFR 1010.430(b).
7 See 31 CFR 1010.430.
6 31
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Federal Register / Vol. 89, No. 156 / Tuesday, August 13, 2024 / Notices
October 1, 2003. The customer
identification program (CIP)
requirement for brokers or dealers in
securities has effectively superseded
that requirement, and CIP requirements
are not considered in connection with
this OMB control number renewal.8
Pursuant to 31 CFR 1023.410(b), a
broker or dealer in securities must retain
an original or copy of: (1) each
document granting signature or trading
authority over each customer’s account;
(2) a record of each remittance or
transfer of funds, or of currency, checks,
other monetary instruments, investment
securities, or credit, of more than
$10,000 to a person, account, or place
outside the United States; (3) a record of
each receipt of currency, other monetary
instruments, investment securities, or
checks, and of each transfer of funds or
credit, of more than $10,000 on any one
occasion, not through a domestic
financial institution, from any person,
account, or place outside the United
States; and (4) each record described in
paragraphs (1), (2), (3), (5), (6), (7), (8),
and (9) of 17 CFR 240.17a–3(a). To the
extent that these records include
originals or copies of checks, drafts,
monetary instruments, investment
securities, or other similar instruments,
copies of front and back of such
instruments must generally be retained.9
If no record is made in the ordinary
course of business of any transaction
with respect to which records are
required to be retained, then such a
record shall be prepared in writing.10
Records must be maintained for five
years.11
II. Paperwork Reduction Act of 1995
(PRA) 12
Title: Additional records to be made
and retained by dealers in foreign
exchange and additional records to be
made and retained by brokers or dealers
in securities (31 CFR 1022.410 and 31
CFR 1023.410).
OMB Control Numbers: 1506–0052
and 1506–0053.
Form Number: Not applicable.
Abstract: FinCEN is issuing this
notice to renew the OMB control
numbers for record-keeping
requirements for dealers in foreign
exchange and brokers or dealers in
securities.
Affected Public: Businesses or other
for-profit institutions, and non-profit
institutions.
Type of Review: Renewal without
change of a currently approved
information collection.
Frequency: As required.
Estimated Number of Respondents:
7,101 financial institutions.13
Estimated Recordkeeping Burden:
In Part 1 of this notice, FinCEN
describes the distribution of the
estimated number of financial
institutions, by type, affected by each of
the regulatory requirements. In Part 2,
FinCEN describes the primary
characteristics of the record-keeping
requirements for dealers in foreign
exchange and brokers or dealers in
securities. In addition, in Part 2, FinCEN
proposes for review and comment a
renewal of the calculation of the annual
PRA burden that includes a scope and
methodology similar to that used in the
2021 notice to renew the OMB control
numbers associated with these
information collections.14
Part 1. Distribution of the Financial
Institutions Covered by This Notice
The distribution of financial
institutions, by type, covered by this
notice is reflected in table 1 below:
TABLE 1. DISTRIBUTION OF FINANCIAL INSTITUTIONS COVERED BY THIS NOTICE, BY TYPE OF FINANCIAL INSTITUTION
Number of
financial institutions
Type of financial institution
a 3,623
Dealers in foreign exchange ............................................................................................................................................
Brokers or dealers in securities .......................................................................................................................................
b 3,478
Total number of financial institutions ........................................................................................................................
7,101
a This number is derived from data as self-reported by MSBs identified as active at year-end 2023 in FinCEN’s publicly available MSB registration database (available at https://www.fincen.gov/msb-state-selector, downloaded Feb. 28, 2024).
b This estimate is based on a December 2023 file downloaded from data maintained by the U.S. Securities and Exchange Commission’s
(SEC). SEC, Company Information About Active Broker-Dealers available at https://www.sec.gov/help/foiadocsbdfoia (accessed on Feb. 28,
2024).
In connection with a variety of
initiatives FinCEN is undertaking to
implement the AML Act, FinCEN
intends to conduct, in the future,
additional assessments of the PRA
burden associated with BSA
requirements.
Part 2. Annual PRA Burden and Cost
OMB Control Number 1506–0052
31 CFR 1022.410(a)
lotter on DSK11XQN23PROD with NOTICES1
Each dealer in foreign exchange must
secure and maintain a record of the
8 31 CFR 1023.220. The rule has a compliance
date of October 1, 2003. The burden associated with
the customer identification program requirement is
calculated under OMB control number 1506–0034.
For the supersession of this recordkeeping
requirement, see FinCEN, Customer Identification
Program for Broker-Dealers, 68 FR 25113, 25124
(May 9, 2003).
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taxpayer identification number of
certain persons for whom a transaction
account is opened or a line of credit is
extended. The taxpayer identification
number must be obtained and recorded
within 30 days of the date the account
is opened or credit line extended, or
longer if the person opening the account
or seeking the line of credit needs to
apply for a taxpayer identification or
social security number. A dealer in
foreign exchange will not be treated as
violating the requirement if it has made
a reasonable effort to obtain a taxpayer
9 31
CFR 1010.430(a).
CFR 1010.430(b).
11 See 31 CFR 1010.430.
12 Public Law 104–13, 109 Stat. 163 (codified at
44 U.S.C. 3506(c)(2)(A)).
13 Table 1 below sets forth a distribution of the
types of financial institutions covered by this
notice.
10 31
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identification number, maintains a list
containing the names, addresses, and
account or credit line numbers of those
persons from whom it has not secured
a taxpayer identification number, and
provides these names, addresses, and
account or credit line numbers to the
Secretary upon request.
31 CFR 1022.410(b)
Each dealer in foreign exchange must
retain the original or a copy of nine
types of documents, as described in
14 See FinCEN, Agency Information Collections
Activities; Proposed Renewal; Comment Request:
Renewal Without Change of Regulations Requiring
Additional Records To Be Made and Retained by
Dealers in Foreign Exchange and Additional
Records To Be Made and Retained by Brokers or
Dealers in Securities, 86 FR 7778 (Feb. 1, 2021).
E:\FR\FM\13AUN1.SGM
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Federal Register / Vol. 89, No. 156 / Tuesday, August 13, 2024 / Notices
Section I—Statutory and Regulatory
Provisions above.
Due to the challenges of obtaining the
total number of such records required to
be maintained by dealers in foreign
exchange under 31 CFR 1022.410, in its
most recent control number renewal,
FinCEN estimated that the annual
recordkeeping burden per dealer in
foreign exchange for these requirements
was 16 hours.15 FinCEN continues to
estimate that the annual hourly burden
of complying with 31 CFR 1022.410 is
16 hours per dealer in foreign exchange.
Multiplying 3,623 dealers in foreign
exchange 16 by 16 hours results in a total
annual hourly burden estimate of 57,968
hours.
OMB Control Number 1506–0053
31 CFR 1023.410(a)
As noted above, brokers or dealers in
securities have no recordkeeping
responsibilities under this provision;
the obligation of brokers or dealers in
securities to maintain customer
identification programs pursuant to 31
CFR 1023.220 has effectively replaced
these responsibilities.
31 CFR 1023.410(b)
Each broker or dealer in securities
must retain an original or copy of
certain types of documents, as described
in Section I—Statutory and Regulatory
Provisions above.
Due to the challenges of obtaining the
total number of such records required to
be maintained by brokers or dealers in
securities, in its most recent control
number renewal, FinCEN estimated the
annual recordkeeping burden per broker
or dealer in securities for these
requirements to be 100 hours.17 FinCEN
continues to estimate that the annual
hourly burden of complying with 31
CFR 1023.410 is 100 hours per broker or
dealer in securities.
Multiplying 3,478 brokers or dealers
in securities 18 by 100 hours results in
a total annual hourly burden estimate of
347,800 hours.
Total Annual PRA Hourly Burden for
OMB Control Numbers 1506–0052 and
1506–0053
FinCEN’s estimate of the annual PRA
burden, therefore, is 405,768 hours, as
detailed in table 2 below:
TABLE 2—DISTRIBUTION OF ESTIMATED TOTAL ANNUAL BURDEN HOURS PER REQUIREMENT BY TYPE OF AFFECTED
FINANCIAL INSTITUTION
Regulatory requirement
OMB
control No.
31 CFR 1022.410 .....................
31 CFR 1023.410 .....................
Total annual hour burden
hours.
Number of
financial
institutions
Affected financial institution type
Annual burden
estimate per
financial
institution
(hours)
Total annual
burden
hours per
regulatory
requirement
1506–0052
1506–0053
Dealers in foreign exchange ........................................................
Brokers or dealers in securities ...................................................
3,623
3,478
16
100
57,968
347,800
....................
......................................................................................................
........................
..........................
405,768
FinCEN is utilizing the same fully
loaded composite hourly wage rate of
$106.30 utilized in the 2024 notices of
proposed rulemaking (NPRMs) entitled
Customer Identification Programs for
Registered Investment Advisers and
Exempt Reporting Companies and AntiMoney Laundering and Countering the
Financing of Terrorism Programs, as
well as in recent 60-Day Notices to
renew OMB control numbers
corresponding to specific BSA
regulations.19
The total estimated cost of the annual
PRA burden is $43,133,138.40, as
reflected in table 3 below:
TABLE 3—ESTIMATED TOTAL COST OF ANNUAL PRA BURDEN
OMB control No./regulation
Wage rate
Total cost
1506–0052 (31 CFR 1022.410) .................................................................................................
1506–0053 (31 CFR 1023.410) .................................................................................................
57,968
347,800
$106.30
106.30
$6,161,998.40
36,971,140.00
Total cost ............................................................................................................................
........................
........................
43,133,138.40
Estimated Number of Respondents:
7,101 financial institutions, as set out in
table 1.
Estimated Total Annual
Recordkeeping Burden: The estimated
annual PRA burden is approximately
405,768 hours, as set out in table 2.
Estimated Total Annual
Recordkeeping Cost: The estimated total
lotter on DSK11XQN23PROD with NOTICES1
Burden hours
15 See
supra note 14.
supra table 1.
17 See supra note 14.
18 See supra table 1.
19 See, e.g., FinCEN and SEC, NPRM Customer
Identification Programs for Registered Investment
Advisers and Exempt Reporting Advisers, 89 FR
16 See
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17:55 Aug 12, 2024
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annual PRA cost is approximately
$43,133,138.40, as set out in table 3.
An Agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless the collection of information
displays a valid OMB control number.
Records required to be retained under
the BSA must be retained for five years.
Request for Comments: Comments
submitted in response to this notice will
be summarized and/or included in the
request for OMB approval. All
comments will become a matter of
public record. Comments are invited on
the following: (1) whether the collection
of information is necessary for the
proper performance of the functions of
the agency, including whether the
44571 (May 21, 2024); FinCEN, NPRM Anti-Money
Laundering and Countering the Financing of
Terrorism Programs NPRM, 89 FR 55428 (July 3,
2024); FinCEN, Agency Information Collection
Activities; Proposed Renewal; Comment Request;
Renewal Without Change of the Customer
Identification Program Regulatory Requirements for
Certain Financial Institutions, 89 FR 51940 (June
20, 2024); FinCEN, Agency Information Collection
Activities; Proposed Renewal; Comment Request;
Renewal Without Change of Due Diligence
Programs for Correspondent Accounts for Foreign
Financial Institutions and for Private Banking
Accounts, 89 FR 49273, (June 11, 2024).
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Federal Register / Vol. 89, No. 156 / Tuesday, August 13, 2024 / Notices
information shall have practical utility;
(2) the accuracy of the agency’s estimate
of the burden of the collection of
information; (3) ways to enhance the
quality, utility, and clarity of the
information to be collected; (4) ways to
minimize the burden of the collection of
information on respondents, including
through the use of automated collection
techniques or other forms of information
technology; and (5) estimates of capital
or start-up costs and costs of operation,
maintenance, and purchase of services
to provide information.
Andrea M. Gacki,
Director, Financial Crimes Enforcement
Network.
[FR Doc. 2024–18036 Filed 8–12–24; 8:45 am]
BILLING CODE 4810–02–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
Proposed Collection; Comment
Request for Form 8904
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice and request for
comments.
AGENCY:
The Internal Revenue Service
(IRS), as part of its continuing effort to
reduce paperwork and respondent
burden, invites the general public and
other Federal agencies to take this
opportunity to comment on information
collections, as required by the
Paperwork Reduction Act of 1995. The
IRS is soliciting comments concerning
Form 8904, Credit for Oil and Gas
Production From Marginal Wells.
DATES: Written comments should be
received on or before October 15, 2024
to be assured of consideration.
ADDRESSES: Direct all written comments
to Andrés Garcia, Internal Revenue
Service, Room 6526, 1111 Constitution
Avenue NW, Washington, DC 20224, or
by email to pra.comments@irs.gov.
Please include, ‘‘OMB Number: 1545–
2278, Credit for Oil and Gas Production
From Marginal Wells. (Form 8904),
Public Comment Request Notice’’ in the
Subject line.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the revenue procedure and
instructions should be directed to
LaNita Van Dyke, at (202) 317–3009, at
Internal Revenue Service, Room 6526,
1111 Constitution Avenue NW,
Washington, DC 20224, or through the
internet at Lanita.VanDyke@irs.gov.
SUPPLEMENTARY INFORMATION:
lotter on DSK11XQN23PROD with NOTICES1
SUMMARY:
VerDate Sep<11>2014
17:55 Aug 12, 2024
Jkt 262001
Title: Credit for Oil and Gas
Production From Marginal Wells.
OMB Number: 1545–2278.
Form Number: 8904.
Abstract: Public Law 108–357, title
III, subtitle C, section 341(a) has caused
us to develop a credit for oil and gas
production from marginal wells, which
is reflected on Form 8904 and its
instructions. Tax year 2017 was the first
year Form 8904 and its instructions
were released.
Current Actions: There are no changes
being made to Form 8904 at this time.
Type of Review: Extension of a
currently approved collection.
Affected Public: Business or other forprofit organizations, Individuals or
households, not-for-profit institutioins,
farms, and State, local or Tribal
governments.
Estimated Number of Responses:
20,000.
Estimated Time per Respondent: 2
hrs., 58 mins.
Estimated Total Annual Burden
Hours: 59,200.
The following paragraph applies to all
of the collections of information covered
by this notice:
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless the collection of information
displays a valid OMB control number.
Books or records relating to a collection
of information must be retained as long
as their contents may become material
in the administration of any internal
revenue law. Generally, tax returns and
tax return information are confidential,
as required by 26 U.S.C. 6103.
Request for Comments: Comments
submitted in response to this notice will
be summarized and/or included in the
request for OMB approval. All
comments will become a matter of
public record. Comments are invited on:
(a) whether the collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden of the
collection of information; (c) ways to
enhance the quality, utility, and clarity
of the information to be collected; (d)
ways to minimize the burden of the
collection of information on
respondents, including through the use
of automated collection techniques or
other forms of information technology;
and (e) estimates of capital or start-up
costs and costs of operation,
maintenance, and purchase of services
to provide information.
PO 00000
Frm 00149
Fmt 4703
Sfmt 4703
Approved: August 7, 2024.
Andres Garcia Leon,
Supervisory Tax Analyst.
[FR Doc. 2024–17940 Filed 8–12–24; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
Proposed Collection; Comment
Request on Reduction of Tax
Attributes Due to Discharge of
Indebtedness
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice and request for
comments.
AGENCY:
The Internal Revenue Service,
as part of its continuing effort to reduce
paperwork and respondent burden,
invites the general public and other
Federal agencies to take this
opportunity to comment on continuing
information collections, as required by
the Paperwork Reduction Act of 1995.
The IRS is soliciting comments
concerning information collection
requirements related to requests on
reduction of tax attributes due to
discharge of indebtedness.
DATES: Written comments should be
received on or before October 15, 2024
to be assured of consideration
ADDRESSES: Direct all written comments
to Andres Garcia, Internal Revenue
Service, room 6526, 1111 Constitution
Avenue NW, Washington, DC 20224, or
by email to pra.comments@irs.gov.
Include OMB control number 1545–
0046 or Request on Reduction of Tax
Attributes Due to Discharge of
Indebtedness, in the subject line.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the form should be directed to
Kerry Dennis at (202) 317–5751, or at
Internal Revenue Service, Room 6526,
1111 Constitution Avenue NW,
Washington, DC 20224, or through the
internet, at Kerry.L.Dennis@irs.gov.
SUPPLEMENTARY INFORMATION:
Title: Request on Reduction of Tax
Attributes Due to Discharge of
Indebtedness.
OMB Number: 1545–0046.
Form Number: 982.
Abstract: Reduction of Tax Attributes
Due to Discharge of Indebtedness.
Internal Revenue Code (IRC) section 108
allows taxpayers to exclude from gross
income amounts attributable to
discharge of indebtedness in title 11
cases, insolvency, or a qualified farm
indebtedness. Section 1081(b) allows
corporations to exclude from gross
SUMMARY:
E:\FR\FM\13AUN1.SGM
13AUN1
Agencies
[Federal Register Volume 89, Number 156 (Tuesday, August 13, 2024)]
[Notices]
[Pages 65980-65984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18036]
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DEPARTMENT OF THE TREASURY
Financial Crimes Enforcement Network
Agency Information Collection Activities; Proposed Renewal;
Comment Request; Renewal Without Change of Regulations Requiring
Additional Records To Be Made and Retained by Dealers in Foreign
Exchange and Additional Records To Be Made and Retained by Brokers or
Dealers in Securities
AGENCY: Financial Crimes Enforcement Network (FinCEN), Treasury.
ACTION: Notice and request for comments.
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SUMMARY: As part of its continuing effort to reduce paperwork and
respondent burden, FinCEN invites comments on the proposed renewal,
without change, of existing information collection requirements found
in Bank Secrecy Act regulations that require dealers in foreign
exchange and broker-dealers in securities to retain originals or copies
of specified account or transaction records, and that require dealers
in foreign exchange to secure and maintain records of the taxpayer
identification number of persons for whom a transaction account is
opened or a line of credit is extended. This request for comments is
made pursuant to the Paperwork Reduction Act of 1995.
DATES: Written comments are welcome and must be received on or before
October 15, 2024.
ADDRESSES: Comments may be submitted by any of the following methods:
Federal E-rulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Refer to Docket Number
FINCEN-2024-0014 and Office of Management and
[[Page 65981]]
Budget (OMB) control numbers 1506-0052 and 1506-0053.
Mail: Policy Division, Financial Crimes Enforcement
Network, P.O. Box 39, Vienna, VA 22183. Refer to Docket Number FINCEN-
2024-0014 and OMB control numbers 1506-0052 and 1506-0053.
Please submit comments by one method only. Comments will be
reviewed consistent with the Paperwork Reduction Act of 1995 and
applicable OMB regulations and guidance. All comments submitted in
response to this notice will become a matter of public record.
Therefore, you should submit only information that you wish to make
publicly available.
FOR FURTHER INFORMATION CONTACT: FinCEN's Regulatory Support Section at
1-800-767-2825 or electronically at [email protected].
SUPPLEMENTARY INFORMATION:
I. Statutory and Regulatory Provisions
The legislative framework generally referred to as the Bank Secrecy
Act (BSA) consists of the Currency and Foreign Transactions Reporting
Act of 1970, as amended by the Uniting and Strengthening America by
Providing Appropriate Tools Required to Intercept and Obstruct
Terrorism Act of 2001 (USA PATRIOT Act) \1\ and other legislation,
including the Anti-Money Laundering Act of 2020 (AML Act).\2\ The BSA
is codified at 12 U.S.C. 1829b, 1951-1960 and 31 U.S.C. 5311-5314,
5316-5336, including notes thereto, with implementing regulations at 31
CFR chapter X.
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\1\ USA PATRIOT Act, Public Law 107-56, 115 Stat. 272 (2001).
\2\ The AML Act was enacted as Division F, sections 6001-6511 of
the William M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021, Public Law 116-283, 134 Stat. 3388.
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The BSA authorizes the Secretary of the Treasury (Secretary) to,
inter alia, require financial institutions to keep records and file
reports that are determined to have a high degree of usefulness in
criminal, tax, or regulatory matters, risk assessments or proceedings,
or in the conduct of intelligence or counter-intelligence activities to
protect against terrorism, and to implement anti-money laundering/
countering the financing of terrorism (AML/CFT) programs and compliance
procedures.\3\ The authority of the Secretary to administer the BSA has
been delegated to the Director of FinCEN.\4\
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\3\ See 31 U.S.C. 5311.
\4\ Treasury Order 180-01 (Jan. 14, 2020); see also 31 U.S.C.
310(b)(2)(I) (providing that FinCEN Director ``[a]dminister the
requirements of subchapter II of chapter 53 of this title, chapter 2
of title I of Public Law 91-508, and section 21 of the Federal
Deposit Insurance Act, to the extent delegated such authority by the
Secretary.'').
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A. 31 CFR 1022.410--Additional Records To Be Made and Retained by
Dealers in Foreign Exchange
Pursuant to 31 CFR 1022.410(a), a dealer in foreign exchange must
secure and maintain a record of the taxpayer identification number of
certain persons for whom a transaction account is opened or a line of
credit is extended. The taxpayer identification number must be obtained
and recorded within 30 days of the date the account is opened or credit
line extended, or longer if the person opening the account or seeking
the line of credit needs to apply for a taxpayer identification or
social security number. For non-resident aliens, a dealer in foreign
exchange is required to record the person's passport number or a
description of some other government document used to verify his or her
identity. A dealer in foreign exchange will not be treated as violating
31 CFR 1022.410(a) if it has made a reasonable effort to obtain a
taxpayer identification number, maintains a list containing the names,
addresses, and account or credit line numbers of those persons from
whom it has not secured a taxpayer identification number, and provides
these names, addresses, and account or credit line numbers to the
Secretary upon request. Furthermore, a dealer in foreign exchange need
not secure a taxpayer identification number in instances involving
accounts for public funds opened by agencies or instrumentalities of
federal, state, local, or foreign government, accounts for ambassadors,
career diplomatic or consular officers, military attaches, accredited
representatives to international organizations and certain other
aliens, and accounts for unincorporated subordinate units of a tax-
exempt central organization that are covered by a group exemption
letter.
Pursuant to 31 CFR 1022.410(b), a dealer in foreign exchange must
also retain the original or a copy of nine types of documents: (1)
statements of accounts from banks, including documents representing the
entries reflected on such statements; (2) daily work records, including
documents needed to identify and reconstruct currency transactions with
customers and foreign banks; (3) a record of each exchange of currency
involving transactions in excess of $1,000, including the customer's
name and address (and passport or taxpayer identification number unless
received by mail or common carrier), the date and amount of the
transaction, and the currency name, country, and total amount of each
foreign currency; (4) signature cards or other documents evidencing
signature authority over each deposit or security account, containing
specified items of information about the customer (including a record
of the actual owner of the account if customer accounts are maintained
in a code name); (5) each item, including checks, drafts, and transfers
of credit, of more than $10,000 remitted or transferred to a person,
account, or place outside the United States; (6) a record of each
receipt of currency, other monetary instruments, investment securities
and checks, and of each transfer of funds or credit, or more than
$10,000 received on any one occasion directly and not through a
domestic financial institution, from any person, account, or place
outside the United States; (7) records prepared or received by the
dealer in foreign exchange in the ordinary course of business that
would be needed to reconstruct an account and trace a check in excess
of $100 deposited in such an account through its internal recordkeeping
system to its depository institution, or to supply a description of
such a deposited check; (8) a record of the name, address, and taxpayer
identification number of any person presenting a certificate of deposit
for payment, as well as a description of the instrument and the date of
the transaction; and (9) a system of books and records that enables the
dealer in foreign exchange to prepare an accurate balance sheet and
income statement. To the extent that these records include originals or
copies of checks, drafts, monetary instruments, investment securities,
or other similar instruments, copies of front and back of such
instruments must generally be retained.\5\ If no record is made in the
ordinary course of business of any transaction with respect to which
records are required to be retained, then such a record shall be
prepared in writing.\6\ Records must be maintained for five years.\7\
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\5\ 31 CFR 1010.430(a).
\6\ 31 CFR 1010.430(b).
\7\ See 31 CFR 1010.430.
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B. 31 CFR 1023.410--Additional Records To Be Made and Retained by
Brokers or Dealers in Securities
Pursuant 31 CFR 1023.410(a), a broker or dealer in securities is
required to secure and maintain a record of certain identifying
information for persons who have opened brokerage accounts during the
period from June 30, 1972 to
[[Page 65982]]
October 1, 2003. The customer identification program (CIP) requirement
for brokers or dealers in securities has effectively superseded that
requirement, and CIP requirements are not considered in connection with
this OMB control number renewal.\8\
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\8\ 31 CFR 1023.220. The rule has a compliance date of October
1, 2003. The burden associated with the customer identification
program requirement is calculated under OMB control number 1506-
0034. For the supersession of this recordkeeping requirement, see
FinCEN, Customer Identification Program for Broker-Dealers, 68 FR
25113, 25124 (May 9, 2003).
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Pursuant to 31 CFR 1023.410(b), a broker or dealer in securities
must retain an original or copy of: (1) each document granting
signature or trading authority over each customer's account; (2) a
record of each remittance or transfer of funds, or of currency, checks,
other monetary instruments, investment securities, or credit, of more
than $10,000 to a person, account, or place outside the United States;
(3) a record of each receipt of currency, other monetary instruments,
investment securities, or checks, and of each transfer of funds or
credit, of more than $10,000 on any one occasion, not through a
domestic financial institution, from any person, account, or place
outside the United States; and (4) each record described in paragraphs
(1), (2), (3), (5), (6), (7), (8), and (9) of 17 CFR 240.17a-3(a). To
the extent that these records include originals or copies of checks,
drafts, monetary instruments, investment securities, or other similar
instruments, copies of front and back of such instruments must
generally be retained.\9\ If no record is made in the ordinary course
of business of any transaction with respect to which records are
required to be retained, then such a record shall be prepared in
writing.\10\ Records must be maintained for five years.\11\
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\9\ 31 CFR 1010.430(a).
\10\ 31 CFR 1010.430(b).
\11\ See 31 CFR 1010.430.
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II. Paperwork Reduction Act of 1995 (PRA) 12
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\12\ Public Law 104-13, 109 Stat. 163 (codified at 44 U.S.C.
3506(c)(2)(A)).
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Title: Additional records to be made and retained by dealers in
foreign exchange and additional records to be made and retained by
brokers or dealers in securities (31 CFR 1022.410 and 31 CFR 1023.410).
OMB Control Numbers: 1506-0052 and 1506-0053.
Form Number: Not applicable.
Abstract: FinCEN is issuing this notice to renew the OMB control
numbers for record-keeping requirements for dealers in foreign exchange
and brokers or dealers in securities.
Affected Public: Businesses or other for-profit institutions, and
non-profit institutions.
Type of Review: Renewal without change of a currently approved
information collection.
Frequency: As required.
Estimated Number of Respondents: 7,101 financial institutions.\13\
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\13\ Table 1 below sets forth a distribution of the types of
financial institutions covered by this notice.
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Estimated Recordkeeping Burden:
In Part 1 of this notice, FinCEN describes the distribution of the
estimated number of financial institutions, by type, affected by each
of the regulatory requirements. In Part 2, FinCEN describes the primary
characteristics of the record-keeping requirements for dealers in
foreign exchange and brokers or dealers in securities. In addition, in
Part 2, FinCEN proposes for review and comment a renewal of the
calculation of the annual PRA burden that includes a scope and
methodology similar to that used in the 2021 notice to renew the OMB
control numbers associated with these information collections.\14\
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\14\ See FinCEN, Agency Information Collections Activities;
Proposed Renewal; Comment Request: Renewal Without Change of
Regulations Requiring Additional Records To Be Made and Retained by
Dealers in Foreign Exchange and Additional Records To Be Made and
Retained by Brokers or Dealers in Securities, 86 FR 7778 (Feb. 1,
2021).
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Part 1. Distribution of the Financial Institutions Covered by This
Notice
The distribution of financial institutions, by type, covered by
this notice is reflected in table 1 below:
Table 1. Distribution of Financial Institutions Covered by This Notice,
by Type of Financial Institution
------------------------------------------------------------------------
Number of financial
Type of financial institution institutions
------------------------------------------------------------------------
Dealers in foreign exchange.................. \a\ 3,623
Brokers or dealers in securities............. \b\ 3,478
--------------------------
Total number of financial institutions... 7,101
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\a\ This number is derived from data as self-reported by MSBs identified
as active at year-end 2023 in FinCEN's publicly available MSB
registration database (available at https://www.fincen.gov/msb-state-selector selector, downloaded Feb. 28, 2024).
\b\ This estimate is based on a December 2023 file downloaded from data
maintained by the U.S. Securities and Exchange Commission's (SEC).
SEC, Company Information About Active Broker-Dealers available at
https://www.sec.gov/help/foiadocsbdfoia (accessed on Feb. 28, 2024).
In connection with a variety of initiatives FinCEN is undertaking
to implement the AML Act, FinCEN intends to conduct, in the future,
additional assessments of the PRA burden associated with BSA
requirements.
Part 2. Annual PRA Burden and Cost
OMB Control Number 1506-0052
31 CFR 1022.410(a)
Each dealer in foreign exchange must secure and maintain a record
of the taxpayer identification number of certain persons for whom a
transaction account is opened or a line of credit is extended. The
taxpayer identification number must be obtained and recorded within 30
days of the date the account is opened or credit line extended, or
longer if the person opening the account or seeking the line of credit
needs to apply for a taxpayer identification or social security number.
A dealer in foreign exchange will not be treated as violating the
requirement if it has made a reasonable effort to obtain a taxpayer
identification number, maintains a list containing the names,
addresses, and account or credit line numbers of those persons from
whom it has not secured a taxpayer identification number, and provides
these names, addresses, and account or credit line numbers to the
Secretary upon request.
31 CFR 1022.410(b)
Each dealer in foreign exchange must retain the original or a copy
of nine types of documents, as described in
[[Page 65983]]
Section I--Statutory and Regulatory Provisions above.
Due to the challenges of obtaining the total number of such records
required to be maintained by dealers in foreign exchange under 31 CFR
1022.410, in its most recent control number renewal, FinCEN estimated
that the annual recordkeeping burden per dealer in foreign exchange for
these requirements was 16 hours.\15\ FinCEN continues to estimate that
the annual hourly burden of complying with 31 CFR 1022.410 is 16 hours
per dealer in foreign exchange.
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\15\ See supra note 14.
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Multiplying 3,623 dealers in foreign exchange \16\ by 16 hours
results in a total annual hourly burden estimate of 57,968 hours.
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\16\ See supra table 1.
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OMB Control Number 1506-0053
31 CFR 1023.410(a)
As noted above, brokers or dealers in securities have no
recordkeeping responsibilities under this provision; the obligation of
brokers or dealers in securities to maintain customer identification
programs pursuant to 31 CFR 1023.220 has effectively replaced these
responsibilities.
31 CFR 1023.410(b)
Each broker or dealer in securities must retain an original or copy
of certain types of documents, as described in Section I--Statutory and
Regulatory Provisions above.
Due to the challenges of obtaining the total number of such records
required to be maintained by brokers or dealers in securities, in its
most recent control number renewal, FinCEN estimated the annual
recordkeeping burden per broker or dealer in securities for these
requirements to be 100 hours.\17\ FinCEN continues to estimate that the
annual hourly burden of complying with 31 CFR 1023.410 is 100 hours per
broker or dealer in securities.
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\17\ See supra note 14.
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Multiplying 3,478 brokers or dealers in securities \18\ by 100
hours results in a total annual hourly burden estimate of 347,800
hours.
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\18\ See supra table 1.
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Total Annual PRA Hourly Burden for OMB Control Numbers 1506-0052 and
1506-0053
FinCEN's estimate of the annual PRA burden, therefore, is 405,768
hours, as detailed in table 2 below:
Table 2--Distribution of Estimated Total Annual Burden Hours per Requirement by Type of Affected Financial
Institution
----------------------------------------------------------------------------------------------------------------
Annual burden
Affected Number of estimate per Total annual
Regulatory requirement OMB control financial financial financial burden hours
No. institution type institutions institution per regulatory
(hours) requirement
----------------------------------------------------------------------------------------------------------------
31 CFR 1022.410................ 1506-0052 Dealers in 3,623 16 57,968
foreign exchange.
31 CFR 1023.410................ 1506-0053 Brokers or 3,478 100 347,800
dealers in
securities.
------------------------------------------------
Total annual hour burden ........... ................. .............. ............... 405,768
hours.
----------------------------------------------------------------------------------------------------------------
FinCEN is utilizing the same fully loaded composite hourly wage
rate of $106.30 utilized in the 2024 notices of proposed rulemaking
(NPRMs) entitled Customer Identification Programs for Registered
Investment Advisers and Exempt Reporting Companies and Anti-Money
Laundering and Countering the Financing of Terrorism Programs, as well
as in recent 60-Day Notices to renew OMB control numbers corresponding
to specific BSA regulations.\19\
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\19\ See, e.g., FinCEN and SEC, NPRM Customer Identification
Programs for Registered Investment Advisers and Exempt Reporting
Advisers, 89 FR 44571 (May 21, 2024); FinCEN, NPRM Anti-Money
Laundering and Countering the Financing of Terrorism Programs NPRM,
89 FR 55428 (July 3, 2024); FinCEN, Agency Information Collection
Activities; Proposed Renewal; Comment Request; Renewal Without
Change of the Customer Identification Program Regulatory
Requirements for Certain Financial Institutions, 89 FR 51940 (June
20, 2024); FinCEN, Agency Information Collection Activities;
Proposed Renewal; Comment Request; Renewal Without Change of Due
Diligence Programs for Correspondent Accounts for Foreign Financial
Institutions and for Private Banking Accounts, 89 FR 49273, (June
11, 2024).
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The total estimated cost of the annual PRA burden is
$43,133,138.40, as reflected in table 3 below:
Table 3--Estimated Total Cost of Annual PRA Burden
----------------------------------------------------------------------------------------------------------------
OMB control No./regulation Burden hours Wage rate Total cost
----------------------------------------------------------------------------------------------------------------
1506-0052 (31 CFR 1022.410).................................... 57,968 $106.30 $6,161,998.40
1506-0053 (31 CFR 1023.410).................................... 347,800 106.30 36,971,140.00
------------------------------------------------
Total cost................................................. .............. .............. 43,133,138.40
----------------------------------------------------------------------------------------------------------------
Estimated Number of Respondents: 7,101 financial institutions, as
set out in table 1.
Estimated Total Annual Recordkeeping Burden: The estimated annual
PRA burden is approximately 405,768 hours, as set out in table 2.
Estimated Total Annual Recordkeeping Cost: The estimated total
annual PRA cost is approximately $43,133,138.40, as set out in table 3.
An Agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless the collection of
information displays a valid OMB control number. Records required to be
retained under the BSA must be retained for five years.
Request for Comments: Comments submitted in response to this notice
will be summarized and/or included in the request for OMB approval. All
comments will become a matter of public record. Comments are invited on
the following: (1) whether the collection of information is necessary
for the proper performance of the functions of the agency, including
whether the
[[Page 65984]]
information shall have practical utility; (2) the accuracy of the
agency's estimate of the burden of the collection of information; (3)
ways to enhance the quality, utility, and clarity of the information to
be collected; (4) ways to minimize the burden of the collection of
information on respondents, including through the use of automated
collection techniques or other forms of information technology; and (5)
estimates of capital or start-up costs and costs of operation,
maintenance, and purchase of services to provide information.
Andrea M. Gacki,
Director, Financial Crimes Enforcement Network.
[FR Doc. 2024-18036 Filed 8-12-24; 8:45 am]
BILLING CODE 4810-02-P