[Federal Register Volume 61, Number 225 (Wednesday, November 20, 1996)] [Rules and Regulations] [Pages 58974-58975] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-29638] ======================================================================= ----------------------------------------------------------------------- FEDERAL RESERVE SYSTEM 12 CFR Part 219 [Regulation S; Docket No. R-0934] Reimbursement for Providing Financial Records; Recordkeeping Requirements for Certain Financial Records AGENCY: Board of Governors of the Federal Reserve System. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Board has approved an amendment to subpart B of its Regulation S. Subpart B cross-references the substantive provisions of a joint rule adopted by the Board and the Department of the Treasury relating to the recordkeeping requirements for funds transfers and transmittals of funds under the Bank Secrecy Act. The amendment clarifies that Regulation S does not apply to any person or transaction or class of persons or transactions that the Treasury has exempted from the joint rule. EFFECTIVE DATE: December 20, 1996. FOR FURTHER INFORMATION CONTACT: Louise Roseman, Associate Director, (202/452-2789), Division of Reserve Bank Operations and Payment Systems; Oliver Ireland, Associate General Counsel (202/452-3625), or Elaine Boutilier, Senior Counsel (202/ 452-2418); Legal Division. For the hearing impaired only, contact Dorothea Thompson, Telecommunications Device for the Deaf (TDD) (202/452-3544). SUPPLEMENTARY INFORMATION: The Bank Secrecy Act,1 as amended by the Annunzio-Wylie Anti-Money Laundering Act of 1992,2 authorizes, and in some cases requires, the Secretary of the Treasury 3 and the [[Page 58975]] Board to prescribe recordkeeping rules for domestic and international funds transfers and money transmittals. The Board and the Treasury issued a joint rule,4 effective May 28, 1996, that sets forth recordkeeping and reporting requirements for funds transfers and money transmittals by banks and nonbank financial institutions. These requirements are intended to assist in the investigation and prosecution of money-laundering activities. In promulgating these rules, the Board and the Treasury determined that the requirements would have a high degree of usefulness in criminal, tax, or regulatory investigations or proceedings. The substance of the joint rule is codified with the Treasury's Bank Secrecy Act regulations in 31 CFR part 103.5 At the same time, the Board added subpart B to its Regulation S (12 CFR part 219) to cross-reference the joint rule. --------------------------------------------------------------------------- \1\ Pub. L. 91-508, codified at 12 U.S.C. 1829b and 1951-1959, and 31 U.S.C. 5311-5329. \2\ Pub. L. 102-550, title XV. \3\ The Secretary of the Treasury has delegated the authority to administer the Bank Secrecy Act to the Director of the Financial Crimes Enforcement Network. \4\ 60 FR 231 (January 3, 1995), as modified by 60 FR 44144 (August 24, 1995) and 61 FR 14382 (April 1, 1996). \5\ 31 CFR 103.11 and 103.33 (e) and (f). --------------------------------------------------------------------------- Under its general Bank Secrecy Act regulations, the Treasury may make exceptions or grant exemptions from the requirements in 31 CFR part 103 for particular persons or classes of persons or particular transactions or classes of transactions.6 The Board has no similar exemptive provisions in Regulation S. The Board recognizes the possibility that the Treasury could grant an exception or exemption for a person or transaction subject to the joint rule. Therefore, on August 21, 1996 (61 FR 43195), the Board requested comments on an amendment to clarify that subpart B does not apply to a particular person or class of persons, or particular transaction or class of transactions, to the extent that the Treasury has determined that the joint rule does not apply to that person, transaction, or class of persons or transactions. --------------------------------------------------------------------------- \6\ See 31 CFR 103.45. --------------------------------------------------------------------------- Four comments, all favorable, were received in response to the proposed change. Three comments were received from Federal Reserve Banks, all of which supported the proposed amendment to clarify the intent of subpart B of Regulation S. One comment was received from a bank trade association, which supported the amendment, stating that ``any revisions that eliminate potential confusion help to alleviate regulatory burden.'' That comment did suggest that the final language be revised and put into clearer language--less ``legalese.'' The language used in the amendment to subpart B adopts the terminology used in the exemption authority given the Secretary of the Treasury in 31 CFR 103.45; and, to avoid confusion, the Board will continue to use the same terminology. Accordingly, to avoid confusion and to ensure consistent application of the joint rule and subpart B of Regulation S, the Board has amended Regulation S to clarify that subpart B does not apply to a particular person or class of persons or particular transaction or class of transactions to the extent that the Treasury has determined that the joint rule does not apply to that person, transaction, or class of persons or transactions. Regulatory Flexibility Analysis Pursuant to the Regulatory Flexibility Act (5 U.S.C. 605(b)), the Board hereby certifies that this amendment to subpart B of Regulation S will not have a significant economic impact on a substantial number of small entities. The amendment eliminates uncertainty as to the application of the joint final rule and may result in reduced compliance burden to the extent that the Treasury exempts persons or transactions that would otherwise be subject to Regulation S. Accordingly, a regulatory flexibility analysis is not required. Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Ch. 3506; 5 CFR 1320 Appendix A.1), the Board reviewed the rule under the authority delegated to the Board by the Office of Management and Budget. No collections of information pursuant to the Paperwork Reduction Act are contained in the final rule. List of Subjects in 12 CFR Part 219 Banks, Banking, Currency, Foreign banking, Reporting and recordkeeping requirements. For the reasons set out in the preamble, 12 CFR part 219 is amended as set forth below. PART 219--REIMBURSEMENT FOR PROVIDING FINANCIAL RECORDS; RECORDKEEPING REQUIREMENTS FOR CERTAIN FINANCIAL RECORDS (REGULATION S) * * * * * Subpart B--Recordkeeping and Reporting Requirements for Funds Transfers and Transmittals of Funds 1. The authority citation for subpart B is revised to read as follows: Authority: 12 U.S.C. 1829b(b)(2) and (3). 2. In Sec. 219.21, the first word ``Such'' in the last sentence is revised to read ``These'' and a new sentence is added immediately preceding the last sentence to read as follows: Sec. 219.21. Authority, purpose, and scope. * * * This subpart does not apply to a particular person or class of persons or a particular transaction or class of transactions to the extent that the Treasury has determined that 31 CFR 103.33(e) or (f) do not apply to that person, transaction, or class of persons or transactions. * * * By order of the Board of Governors of the Federal Reserve System, November 14, 1996. William W. Wiles, Secretary of the Board. [FR Doc. 96-29638 Filed 11-19-96; 8:45 am] BILLING CODE 6210-01-P