Purchases of Bank Checks and
Drafts, Cashier’s Checks, Money Orders, and Traveler’s Checks (31
CFR 1010.415)
Extension without change of a currently approved collection
No
Regular
08/09/2021
Requested
Previously Approved
36 Months From Approved
08/31/2021
15,677
60,900
117,578
456,750
0
0
The BSA prohibits financial
institutions from issuing any ‘‘bank check, cashier’s check,
traveler’s check, or money order to any individual in connection
with a transaction or group of such contemporaneous transactions
which involves United States coins or currency (or such other
monetary instruments as the Secretary may prescribe) in amounts or
denominations of $3,000 or more’’ unless the individual either has
a verified transaction account with the financial institution, or
furnishes the financial institution with the information required
by regulations and that information is verified and recorded by the
financial institution; financial institutions must record the
method of account verification or the information required to be
furnished. To implement these requirements, FinCEN issued a
regulation requiring financial institutions to maintain records of
the issuance or sale of bank checks and drafts, cashier’s checks,
money orders, and traveler’s checks. The regulation on its face
applies to all financial institutions as defined in 31 CFR
1010.100(t). However, as a practical matter banks and money
services businesses (MSBs) are the types of financial institutions
most likely to be issuing or selling bank checks and drafts,
cashier’s checks, money orders, and traveler’s checks. Under 31 CFR
1010.415, financial institutions are required to maintain records
of certain information related to the issuance or sale of bank
checks and drafts, cashier’s checks, money orders, and traveler’s
checks when the issuance or sale involves currency between
$3,000-$10,000, inclusive, to any individual purchaser of one or
more of these instruments. Under 31 CFR 1010.415(a)(1)(i), if the
purchaser has a deposit account with the financial institution, the
financial institution is required to maintain records of the: (A)
purchaser’s name; (B) date of purchase; (C) type(s) of
instrument(s) purchased; (D) serial number(s) of each of the
instrument(s) purchased; and (E) the amount in dollars of each of
the instrument(s) purchased. Under 31 CFR 1010.415(a)(1)(ii), the
financial institution must also verify that the individual is a
deposit accountholder or must verify the individual’s
identity.
US Code:
31
USC 5325 Name of Law: Money and Fincance
The estimated total annual
burden hours decreased by 339,171 hours from 456,750 hours in 2017
to 117,579 hours in 2020, although the annual hourly burden
estimates (7.5 hours) per regulatory requirement remained the same
as in 2017. The reduction in burden is a result of a decrease in
the number of respondents from 60,900 in 2017 to 15,677 in 2020,
based on additional FinCEN analysis which concluded that fewer
financial institutions were affected by the requirements.
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.