1506-0050PRA-83iSupporting2014 1010.717

Supporting Statement

Administrative rulings (31 CFR 1010.710-717)

OMB Control Number 1506-0050

1. Circumstances Necessitating Collection of Information

The statute generally referred to as the “Bank Secrecy Act,” Titles I and II of Public Law 91-508, as amended, codified at 12 U.S.C. 1829b, 12 U.S.C. 1951-1959, and 31 U.S.C. 5311-5332, authorizes the Secretary of the Treasury, inter alia, to require financial institutions to keep records and file reports that are determined to have a high degree of usefulness in criminal, tax, and regulatory matters, or in the conduct of intelligence or counter-intelligence activities, to protect against international terrorism, and to implement counter-money laundering programs and compliance procedures.¹ Regulations implementing Title II of the Bank Secrecy Act appear at 31 CFR Chapter X. The authority of the Secretary to administer the Bank Secrecy Act (BSA) has been delegated to the Director of the Financial Crimes Enforcement Network (FinCEN).

These sections address administrative rulings under the Bank Secrecy Act. They explain how to submit a ruling request (1010.711), how nonconforming requests are handled (1010.712), how oral communications are treated (1010.713), how rulings are issued (1010.715), how rulings are modified or rescinded (1010.716), and how information may be disclosed (1010.717).

2. Method of Collection and Use of Data

Administrative rulings are sent to FinCEN either by the US Mail or electronically for consideration and determination. The data presented in the request is used in the formulation of a response to the requestor.

3. Use of Improved Information Technology to Reduce Burden

Not applicable

4. Efforts to Identify Duplication

Not applicable

5. Methods to Minimize Burden on Small Businesses or other Small Entities

Not applicable

6. Consequences to the Federal Government of Not Collecting the Information

Not applicable

7. Special Circumstances Requiring Data Collection Inconsistent with Guidelines

A FinCEN response to a request for an administrative ruling will be maintained as a permanent record.

8. Consultation with Individuals Outside of the Agency on Availability of Data. Frequency of Collection, Clarity of Instructions and Forms, and Data Elements

On May 29, 2014, FinCEN issued a notice and request for comment to renew without change this potential requirement (See 79 FR 30928). We received no comments in response to the Federal Register notice.

9. Payments and Gifts

No payments or gifts were made to respondents.

10. Assurance of Confidentiality of Responses

Information collected under 31 U.S.C. 5311 -5332 may be made available to appropriate law enforcement agencies and supervisory agencies.

11. Justification of Sensitive Questions

This is a recordkeeping requirement.  Information collection requirements by covered financial institutions are mandated by the USA Patriot Act of 2001 and/or BSA.

12. Estimated Annual Hourly Burden

Frequency: As required

Burden: The estimated number of responses is 60 hours annually, with a burden of 1 hour per submission, for a total annual burden of 60 hours.

13. Estimated Annual Cost to Respondents for Hour Burdens

Not required

14. Estimated Annual Cost to the Federal Government

Not required

15. Reason for Change in Burden

Not applicable

16. Plans for Tabulation, Statistical Analysis, and Publication

This collection of information will not be published.

17. Request not to Display Expiration Date of OMB Control Number

FinCEN requests that it not be required to display the expiration date so that the regulations will not have to be amended for the new expiration date every three years.

18. Exceptions

There are no exceptions to the certification statement.

1 Language expanding the scope of the Bank Secrecy Act to intelligence or counter-intelligence activities to protect against international terrorism was added by Section 358 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, P.L. 107-56.