2009-11-16
Added · Updated
FinCEN proposes to amend 31 CFR Part 103 to allow certain foreign law enforcement agencies, as well as State and local law enforcement agencies, to submit requests for information to financial institutions under the Bank Secrecy Act's section 314(a) program. The proposal also clarifies that FinCEN may initiate such requests on its own behalf and on behalf of other appropriate components of the Department of the Treasury. Requesting agencies would be required to certify that the matter involves significant money laundering or credible evidence of terrorist activity, and that information could not be located through traditional investigative methods.
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per vessel per year. Therefore, if every registered vessel in Monroe County were previously discharging all waste into the federal waters as opposed to using a pumpout station, the annual cost to Monroe County boaters (assuming 1,080 vessels are affected) is expected to be $140,400 to $561,600. It should also be noted that pump out fees may qualify as a business expense and may be tax deductible for some vessel owners, so the actual economic impact may be less. The elimination of vessel discharges in the federal waters of the FKNMS may have a positive socioeconomic impact from improved water quality and healthier reefs and the indirect effects that has on the economy. For example, the tourist-based economy of the Florida Keys depends upon clean water and abundant natural resources. If vessels were allowed to continue to discharge the impacted area, the sanctuary’s water quality would decrease, which would negatively impact the health and quantity of the sanctuary’s unique biological resources, and ultimately impact the sanctuary as a tourist destination. For the reasons above, the Chief Counsel for Regulation certified that this rule, if adopted, would not have a significant economic impact on a substantial number of small entities. John H. Dunnigan, Assistant Administrator for Ocean Services and Coastal Zone Management. List of Subjects in 15 CFR Part 922 Administrative practice and procedure, Coastal zone, Fish, Fisheries, Historic preservation, Intergovernmental relations, Marine resources, Monuments and memorials, Natural resources, Wildlife, Wildlife refuges, Wildlife Management Areas, Sanctuary Preservation Areas, Ecological Reserves, Areas to be Avoided, State of Florida, U.S. Coast Guard. For the reasons above, NOAA proposes to amend title 15, part 922 of the Code of Federal Regulations as follows:
PART 922—NATIONAL MARINE
SANCTUARY PROGRAM
REGULATIONS
[FR Doc. E9–27453 Filed 11–13–09; 8:45 am] BILLING CODE 3510–NK–P DEPARTMENT OF THE TREASURY 31 CFR Part 103 RIN 1506–AB04 Financial Crimes Enforcement Network; Expansion of Special Information Sharing Procedures To Deter Money Laundering and Terrorist Activity AGENCY: Financial Crimes Enforcement Network (‘‘FinCEN’’), Treasury. ACTION: Notice of proposed rulemaking and request for comments. SUMMARY: FinCEN is issuing this notice of proposed rulemaking to amend the relevant Bank Secrecy Act (‘‘BSA’’) information sharing rules to allow certain foreign law enforcement agencies, and State and local law enforcement agencies, to submit requests for information to financial institutions. The rule also clarifies that FinCEN itself, on its own behalf and on behalf of other appropriate components of the Department of the Treasury, may submit such requests. Modification of the information sharing rules is a part of the Department of the Treasury’s continuing effort to increase the efficiency and effectiveness of its antimoney laundering and counter-terrorist financing policies. DATES: Written comments are welcome and must be received on or before December 16, 2009. ADDRESSES: Those submitting comments are encouraged to do so via the Internet. Comments submitted via the Internet may be submitted at http:// www.regulations.gov/search/index.jsp, Docket number Fincen–2009–0005, with the caption in the body of the text, ‘‘Attention: Special Information Sharing Procedures to Deter Money Laundering and Terrorist Activity, RIN 1506– XXXX.’’ Comments may also be submitted by written mail to: Financial Crimes Enforcement Network, Department of the Treasury, P.O. Box 39, Vienna, VA 22183, Attention:
Special Information Sharing Procedures to Deter Money Laundering and Terrorist Activity, RIN 1506–AB04. Please submit comments by one method only. All comments submitted in response to this notice of proposed rulemaking will become a matter of public record; therefore, you should submit only information that you wish to make available publicly. Inspection of comments: Public comments received electronically or through the U.S. Postal Service sent in response to a ‘‘Notice and Request for Comment’’ will be made available for public review as soon as possible on http://www.regulations.gov. All comments received may be physically inspected in the FinCEN reading room located in Vienna, VA. Reading room appointments are available weekdays (excluding holidays) between 10 a.m. and 3 p.m., by calling the Disclosure Officer at (703) 905–5034 (not a toll free call). FOR FURTHER INFORMATION CONTACT: The FinCEN regulatory helpline at (800) 949–2732 and select Option 3. SUPPLEMENTARY INFORMATION:
I. Background
A. Statutory Provisions On October 26, 2001, the President signed into law the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (‘‘USA PATRIOT ACT’’) Act of 2001, Public Law 107–56 (‘‘the Act’’). Title III of the Act amends the anti-money laundering provisions of the Bank Secrecy Act, codified at 12 U.S.C. 1829b and 1951– 1959 and 31 U.S.C. 5311–5314 and 5316–5332, to promote the prevention, detection, and prosecution of international money laundering and the financing of terrorism. Regulations implementing the BSA appear at 31 CFR
part 103. The authority of the Secretary
of the Treasury (‘‘the Secretary’’) to administer the BSA has been delegated to the Director of FinCEN. Of the Act’s many goals, the facilitation of information sharing among governmental entities and financial institutions for the purpose of combating terrorism and money laundering is of paramount importance.
Section 314 of the Act furthers this goal
by providing for the sharing of information between the government and financial institutions, and among financial institutions themselves. As with many other provisions of the Act, Congress has charged the U.S. Department of the Treasury with developing regulations to implement these information-sharing provisions.
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Source: Financial Crimes Enforcement Network — original document · Summary generated with machine assistance and reviewed before publication; the authoritative text is the regulator's original document. How RegAlert works
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