In 1992, the Treasury was granted
broad authority to require suspicious transaction reporting under
the Bank Secrecy Act (31 U.S.C. 5318(g)). FinCEN, which has been
delegated authority to administer the Bank Secrecy Act, joined with
the bank regulators in 1996 in requiring, on a consolidated form
(the SAR form), reports of suspicious transactions (31 CFR
1020.320). FinCEN and the bank regulators adopted the suspicious
activity report ("SAR") in 1996 to simplify the process through
which depository institutions ("banks") inform their regulators and
law enforcement about suspected criminal activity. The SAR was
updated in 1999 and again in 2003, (§1020.320) In separate actions
FinCEN expanded the SAR reporting to money services businesses
(March, 2000, 31 CFR 1022.320), broker dealers in securities (July,
2002, 31CFR 1023.320), casinos (September 2002, §1021.320) certain
futures commission merchants (November, 2003, §1026.320), life
insurance companies (November 2005, §1025.320), mutual funds (May,
2006, §1024.320), and non-bank residential mortgage lenders and
originators (31 CFR 1029.320). All reporting financial institutions
are required to retain a copy of any SAR filed and supporting
documentation for the filing of the SAR for five years. See the
above listed 31 CFR references and 31 CFR 1010.430. These documents
are necessary for criminal investigations and prosecutions. The
filing of a SAR is necessary to prevent and detect the laundering
of money and other funds at the filing institutions.
The PRA burden for the FinCEN
SAR retains the current two-hour burden for each individual filed
report. The increase in burden reflects more frequent reporting by
the financial industry and accounts for the addition of non-bank
residential mortgage lenders and originators as reporting financial
institutions.
$0
No
No
No
No
No
Uncollected
Russell Stephenson 202
354-6012
No
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.