Under 31 U.S.C. 5313, the Secretary of
the Treasury is authorized to require financial institutions to
report currency transactions exceeding $10,000. Regulations
implementing 31 U.S.C. 5313 are found at 31 CFR 1010.310 through
1010.314, 31 CFR 1021.311, and 31 CFR 1021.313. Financial
institutions are required to report currency transactions over
$10,000 conducted by, or on behalf of, one person, as well as
multiple currency transactions that aggregate to be over $10,000 in
a single day. These transactions are reported on FinCEN Report 112-
Currency Transaction Report (“CTR”). The reports of transactions in
currency regulatory requirements are currently covered under the
following OMB control numbers: 1506-0004 (General provisions - 31
CFR 1010.310 - Reports of transactions in currency, 31 CFR 1010.311
- Filing obligations for reports of transactions in currency, 31
CFR 1010.312 - Identification required, 31 CFR 1010.313 -
Aggregation, and 31 CFR 1010.314 - Structured transactions), and
1506-0005 (Rules for casinos and card clubs - 31 CFR 1021.311 -
Reports of transaction in currency, and 31 CFR 1021.313 -
Aggregation). OMB control number 1506-0064 applies to FinCEN Report
112 - CTR. An administrative burden of one hour is assigned to each
of the CTR regulation OMB control numbers in order to maintain the
requirements in force. The reporting and recordkeeping burden is
reflected in FinCEN Report 112 – Currency Transaction Report
(“CTR”) under OMB control number 1506-0064. The rationale for
assigning one burden hour to each of the CTR regulation OMB control
numbers is that the annual burden hours would be double counted if
FinCEN estimated burden in each CTR regulation OMB control number
and in the CTR OMB control number.
US Code:
31
USC 5313 Name of Law: Money and Finance
The total estimate of the
annual reporting and recordkeeping burden included: (a) a
re-calculation of the portion of the PRA burden that FinCEN
traditionally included in its PRA renewal notices (the “traditional
PRA burden calculation”); and (b) an estimate of the portion of the
total burden that FinCEN previously did not include in its PRA
calculations (the “supplemental PRA burden calculation”). FinCEN’s
traditional annual PRA burden calculation associated with the CTR
previously included only the filer’s annual operational burden and
cost associated with (a) producing and filing the report, and (b)
storing a copy of the filed report. Starting with the current PRA
renewal notice, FinCEN added a supplemental PRA burden calculation,
reflecting the annual costs involved in (a) obtaining data required
by the report that the filer does not need for its own bookkeeping,
and (b) maintaining, updating, and upgrading the technological
infrastructure required to file and store the report. Refer to 85
FR 29024-29026, May 14, 2020, Part 2 (Re-calculation of the
traditional annual PRA burden and cost) for specific details
outlining the revised burden and cost estimates associated with the
traditional annual PRA burden and cost. Refer to 85 FR 29026-
29029, Part 3 (Estimate of the supplemental annual PRA burden) for
specific details outlining the revised burden and cost estimates
associated with the supplemental annual PRA burden.
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.