AML Program Requirements for Casinos (31 CFR 1021.210 and 31 CFR 1021.410(b)(10))

Forms and Documents

Document Name	Status
1506-0051-Casinos AML Program Supporting Statement 2-24-2021 FINAL.docx Supporting Statement A	2021-02-24

IC Document Collections

IC ID	Document Title	Status
194412	AML Program Requirements for Casinos (31 CFR 1021.210 and 31 CFR 1021.410(b)(10)	Modified

ICR Details

OMB Control No: 1506-0051	ICR Reference No: 202102-1506-004
Status: Received in OIRA	Previous ICR Reference No: 201709-1506-008
Agency/Subagency: TREAS/FINCEN	Agency Tracking No:
Title: AML Program Requirements for Casinos (31 CFR 1021.210 and 31 CFR 1021.410(b)(10))
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 02/24/2021

	Requested	Previously Approved
Expiration Date	36 Months From Approved	02/28/2021
Responses	993	925
Time Burden (Hours)	99,466	92,500
Cost Burden (Dollars)	0	0

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Abstract: Section 352 of the USA PATRIOT Act added subsection (h) to 31 U.S.C. 5318 of the BSA. Section 352 mandates that financial institutions establish AML programs in order to guard against money laundering. Such AML programs must include, at a minimum, the following: (a) the development of internal policies, procedures, and controls, (b) the designation of a compliance officer, (c) an ongoing employee training program, and (d) an independent audit function to test programs. Pursuant to section 352, FinCEN issued a regulation requiring casinos to develop and implement written AML programs. Among other things, the casino AML program regulations require that a casino must implement procedures for obtaining and verifying customer identifying information, detecting the occurrence of transactions that must be reported as suspicious, and making and retaining specific records, including a copy of its written AML program.

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Authorizing Statute(s): US Code: 31 USC 5311-5330 Name of Law: Money and Finance
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 83676	12/23/2020
30-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 11379	02/24/2021
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
AML Program Requirements for Casinos (31 CFR 1021.210 and 31 CFR 1021.410(b)(10)

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	993	925	0	0	68	0
Annual Time Burden (Hours)	99,466	92,500	0	0	6,966	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The estimated total annual burden hours increased from 92,500 hours in 2017 to 99,466 hours in 2020. The estimated burden for casinos to implement and maintain an AML compliance program remained at approximately 100 hours per casino, with the addition of 5 minutes to store the written AML program and 5 minutes to produce the written program upon request. The increase in burden is due to a combination of the increase in burden of 10 minutes per casino, and an increase in the number of casinos from 925 in 2017 to 993 in 2020.

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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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:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(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;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

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.

Certification Date: 02/24/2021

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