[Federal Register Volume 80, Number 137 (Friday, July 17, 2015)]
[Notices]
[Pages 42606-42607]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17572]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Notice of Geographic Targeting Order
AGENCY: Financial Crimes Enforcement Network, Treasury.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This document provides notice that, pursuant to 31 U.S.C.
5326(a), the Director of the Financial Crimes Enforcement Network
[[Page 42607]]
(``FinCEN''), U.S. Department of the Treasury, issued on July 13, 2015
a Geographic Targeting Order (``Order'') requiring check cashers
located in two South Florida counties to obtain and record identifying
information about persons cashing Federal tax refund checks in excess
of $1,000, as further described in the Order.
DATES: This Notice is effective on July 17, 2015.
FOR FURTHER INFORMATION CONTACT: All questions about the Order must be
addressed to the FinCEN Resource Center at (800) 767-2825 (Monday
through Friday, 8:00 a.m.-6:00 p.m. EST).
SUPPLEMENTARY INFORMATION: The Geographic Targeting Order is published
as an attachment to this notice.
Jennifer Shasky Calvery,
Director, Financial Crimes Enforcement Network, U.S. Department of
Treasury.
Geographic Targeting Order
I. Authority
The Director of FinCEN may issue an order that imposes certain
additional recordkeeping and reporting requirements on one or more
domestic financial institutions or nonfinancial trades or businesses in
a geographic area. See 31 U.S.C. 5326(a); 31 CFR 1010.370; Treasury
Order 180-01. Pursuant to this authority, the Director of FinCEN hereby
finds that reasonable grounds exist for concluding that the additional
recordkeeping requirements described below are necessary to carry out
the purposes of the Bank Secrecy Act and prevent evasions thereof.\1\
---------------------------------------------------------------------------
\1\ The Bank Secrecy Act is codified at 12 U.S.C. 1829b, 1951-
1959 and 31 U.S.C. 5311-5314, 5316-5332. Regulations implementing
the Bank Secrecy Act appear at 31 CFR Chapter X.
---------------------------------------------------------------------------
II. Additional Recordkeeping Requirements
A. Check Cashers and Transactions Covered by This Order
For purposes of this Order, a ``Covered Business'' means a check
casher, as defined under 31 CFR 1010.100(ff)(2), that maintains a
location (including a branch or agent location) in one of the following
counties in the State of Florida: Miami-Dade County or Broward County
(the ``Covered Geographic Area'').
For purposes of this Order, a ``Covered Transaction'' means any
transaction in which a Covered Business cashes a Federal tax refund
check in excess of $1,000 within the Covered Geographic Area. A Federal
tax refund check includes (i) a U.S. Treasury check used to pay a tax
refund, or (ii) a check issued by a third party in connection with an
anticipated Federal tax refund (e.g., a Refund Anticipation Loan
check).
B. Records Required To Be Obtained by a Covered Business When Engaging
in a Covered Transaction
If a Covered Business engages in a Covered Transaction, the Covered
Business must obtain at the time of the Covered Transaction and record
the following identifying information about the customer conducting the
transaction:
(i) A copy of the customer's valid government-issued
identification, which must evidence nationality or residence, include a
photograph of the customer, and be issued in the same name as that of
the original payee of the check; \2\
---------------------------------------------------------------------------
\2\ For example, a driver's license or passport are acceptable
forms of identification.
---------------------------------------------------------------------------
(ii) a clear digital photograph of the customer taken at the time
of the Covered Transaction that matches the photograph depicted on the
identification provided by the customer; \3\
---------------------------------------------------------------------------
\3\ An image captured by a surveillance video is not sufficient
to satisfy this photograph requirement.
---------------------------------------------------------------------------
(iii) the customer's phone number; and
(iv) a clear original thumbprint of the customer that is recorded
on the check.
C. Retention of Records
A Covered Business must: (i) Retain all records relating to
compliance with this Order for a period of five years from the last day
that this Order is effective (including any renewals of this Order);
(ii) store such records in a manner accessible within a reasonable
period of time; and (iii) make such records available to FinCEN or any
other appropriate law enforcement or regulatory agency, upon request.
III. General Provisions
A. Definitions
All terms used but not otherwise defined herein have the meaning
set forth in Chapter X of Title 31 of the United States Code of Federal
Regulations.
B. Order Period
The terms of this Order are effective beginning on August 3, 2015
and ending on January 30, 2016 (except as otherwise provided in Section
II(C) above).
C. No Effect on Other Provisions of the Bank Secrecy Act
Nothing in this Order modifies or otherwise affects any provision
of the regulations implementing the Bank Secrecy Act to the extent not
expressly stated herein.
D. Compliance
A Covered Business must supervise, and is responsible for,
compliance by each of its officers, directors, and employees with the
terms of this Order. A Covered Business must transmit the Order to its
Chief Executive Officer or other similarly acting manager.
E. Penalties for Noncompliance
A Covered Business and any of its officers, directors, employees,
or agents may be liable, without limitation, for civil and/or criminal
penalties for violating any of the terms of this Order.
F. Validity of Order
Any judicial determination that any provision of this Order is
invalid does not affect the validity of any other provision of this
Order, and each other provision must thereafter remain in full force
and effect. A copy of this Order carries the full force and effect of
an original signed Order.
G. Paperwork Reduction Act
The collection of information subject to the Paperwork Reduction
Act contained in this Order has been approved by the Office of
Management and Budget (``OMB'') and assigned OMB Control Number 1506-
0056.
H. Questions
All questions about the Order must be addressed to the FinCEN
Resource Center at (800) 767-2825 (Monday through Friday, 8:00 a.m.-
6:00 p.m. EST).
Dated: July 8, 2015.
Jennifer Shasky Calvery,
Director, Financial Crimes Enforcement Network, U.S. Department of the
Treasury.
[FR Doc. 2015-17572 Filed 7-16-15; 8:45 am]
BILLING CODE 4810-02-P