Agency Information Collection Activities: Proposed New Information Collection; Survey of the Costs of AML/CFT Compliance; Comment Request
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Issuing agencies
Abstract
The Financial Crimes Enforcement Network (FinCEN), as part of its obligations under the Paperwork Reduction Act of 1995 (PRA), invites the general public and other Federal agencies to take this opportunity to comment on a proposed information collection, a Survey of the Costs of Anti-Money Laundering and Countering the Financing of Terrorism (AML/CFT) Compliance. The survey seeks to gather information on the direct compliance costs incurred by non-bank financial institutions (NBFIs), described below, with AML/CFT compliance requirements and, to the extent these expenses overlap with those of other activities (such as fraud monitoring), the amount attributable to AML/CFT compliance. FinCEN is seeking a new Office of Management and Budget (OMB) Control Number for this information collection.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 187 (Tuesday, September 30, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 187 (Tuesday, September 30, 2025)]
[Notices]
[Pages 47132-47133]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-18918]
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Financial Crimes Enforcement Network
Agency Information Collection Activities: Proposed New
Information Collection; Survey of the Costs of AML/CFT Compliance;
Comment Request
AGENCY: Financial Crimes Enforcement Network (FinCEN), Treasury.
ACTION: Notice and request for comments.
-----------------------------------------------------------------------
SUMMARY: The Financial Crimes Enforcement Network (FinCEN), as part of
its obligations under the Paperwork Reduction Act of 1995 (PRA),
invites the general public and other Federal agencies to take this
opportunity to comment on a proposed information collection, a Survey
of the Costs of Anti-Money Laundering and Countering the Financing of
Terrorism (AML/CFT) Compliance. The survey seeks to gather information
on the direct compliance costs incurred by non-bank financial
institutions (NBFIs), described below, with AML/CFT compliance
requirements and, to the extent these expenses overlap with those of
other activities (such as fraud monitoring), the amount attributable to
AML/CFT compliance. FinCEN is seeking a new Office of Management and
Budget (OMB) Control Number for this information collection.
DATES: Written comments are welcome and must be received on or before
December 1, 2025.
ADDRESSES: Comments may be submitted by any of the following methods:
<bullet> Federal E-rulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
Follow the instructions for submitting comments. Refer to Docket Number
FINCEN-2025-0105.
<bullet> Mail: Policy Division, Financial Crimes Enforcement
Network, P.O. Box 39, Vienna, VA 22183. Refer to Docket Number FINCEN-
2025-0105.
Please submit comments by one method only. Comments will be
reviewed consistent with the PRA and applicable OMB regulations and
guidance. Do not include any personally identifiable information (such
as name, address, or other contact information) or confidential
business information that you do not want publicly disclosed. All
comments are public records; they are publicly displayed exactly as
received, and will not be deleted, modified, or redacted. Comments may
be submitted anonymously.
A copy of the comments may also be submitted to the OMB desk
officer for FinCEN: Office of Information and Regulatory Affairs,
Office of Management and Budget, New Executive Office Building,
Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT: FinCEN's Regulatory Support Section by
submitting an inquiry at <a href="http://www.fincen.gov/contact">www.fincen.gov/contact</a>.
SUPPLEMENTARY INFORMATION: FinCEN is requesting OMB approval for the
following collection of information:
Title: Cost of AML/CFT Compliance Survey.
OMB Control Number: 1506-NEW.
Frequency of Response: Once.
Affected Public: Certain NBFIs with AML/CFT compliance
requirements. The NBFIs with AML/CFT compliance requirements affected
by this notice include the following types of entities: casinos and
card clubs; money services businesses (MSBs); insurance companies;
dealers in precious metals, precious stones, or jewels (PMSJs);
operators of credit card systems; and loan or finance companies.
Estimated Number of Respondents:
------------------------------------------------------------------------
Number of
Type of NBFI respondents
------------------------------------------------------------------------
Casinos and card clubs \a\........................... \b\ 1,292
MSBs (Principals) \c\................................ \d\ 28,456
MSBs (Agents)........................................ 229,161
Insurance companies \e\.............................. \f\ 718
PMSJs \g\............................................ \h\ 6,742
Operators of credit card systems \i\................. \j\ 4
Loan or finance companies \k\........................ \l\ 13,342
------------------
Total............................................ 279,715
------------------------------------------------------------------------
\a\ See 31 U.S.C. 5312(a)(2)(X); see also 31 CFR 1010.100(t)(5)-(6).
\b\ Estimate based on the American Gaming Association (AGA) ``State of
the States'' (available at <a href="https://www.americangaming.org/wp-content/uploads/2024/05/AGA-State-of-the-States-2024.pdf">https://www.americangaming.org/wp-content/uploads/2024/05/AGA-State-of-the-States-2024.pdf</a>).
\c\ See 31 U.S.C. 5312(a)(2)(J,K,R); see also 31 CFR 1010.100(t)(3); 31
CFR 1010.100(ff) (definition of money services business).
\d\ The definition of MSB (31 CFR 1010.100(ff)) covers both principal
MSBs and agents. The topline value for all MSBs represents the average
number of uniquely identifiable registered MSBs with indicia of
ongoing operations as of the three year-ends 2022-2024, and primarily
includes only principal MSBs required to register with FinCEN. FinCEN
has estimated that the number of agent MSBs is approximately 229,161
(see 89 FR 65971 (Aug. 13, 2024)).
[[Page 47133]]
\e\ See 31 U.S.C. 5312(a)(2)(M); see also 31 CFR 1025.100(g) (definition
of ``insurance company or insurer'' for purposes of applicability of
FinCEN regulations).
\f\ This estimate includes 718 life and health (L&H) insurers in the
United States during 2023. From U.S. Treasury ``Annual Report on the
Insurance Industry,'' (Sept. 2024). Neither the estimate presented
here nor the estimate of broker-dealers' controls for entities that
may be both a broker-dealer and an insurance company; thus, a certain
number of affected entities may be double-counted. However, based on
consultation with staff of other Federal regulators, FinCEN believes
this population of dually affected entities may be relatively small
and unlikely to significantly distort the overall assessment.
\g\ See 31 U.S.C. 5312(a)(2)(N); see also 31 CFR 1027.100(b) (definition
of a ``dealer'' in precious metals, stones, or jewels for purposes of
applicability of FinCEN regulations).
\h\ This estimate is based on data on entities with North American
Industry Classification System (NAICS) code 423940 (Jewelry, Watch,
Precious Stone, and Precious Metal Merchant Wholesalers) published at
year-end 2024 in the 2022 Survey of U.S. Businesses (``2022 SUSB
Data'') accessed March 1, 2025 (<a href="https://www.census.gov/data/tables/2022/econ/susb/2022-susb-annual.html">https://www.census.gov/data/tables/2022/econ/susb/2022-susb-annual.html</a>). It does not include Jewelry and
Silverware Manufacturing (NAICS code 33991) or Jewelry Retailers
(NAICS code 44831).
\i\ See 31 U.S.C. 5312(a)(2)(L); see also 31 CFR 1028.100(e) (definition
of ``operator of a credit card system'' for purposes of applicability
of FinCEN regulations).
\j\ This value is based on FinCEN review of active, U.S.-based market
participants at year-end 2023.
\k\ See 31 U.S.C. 5312(a)(2)(P) (definition of ``loan or finance
company''); see also 31 CFR 1010.100(lll).
\l\ This estimate is based on 2022 SUSB Data on entities with NAICS
codes 522292 (Real Estate Credit) and 522310 (Mortgage and Non-
Mortgage Loan Brokers).
Estimated Annual Burden: FinCEN estimates a total burden for OMB
control number 1506-NEW of 2,237,720 hours. FinCEN expects 279,715
respondents for the survey and expects each respondent will take eight
hours to complete the survey. This is a high estimate to account for
the use of the survey instrument by other agencies with more complex
respondents.
General Description of Collection: This information collection will
seek information on AML/CFT compliance costs and related topics via
survey. The survey is voluntary. The purpose of the survey is to better
understand the cost of AML/CFT compliance for NBFIs. The information
gathered will help assess the cumulative impact of AML/CFT regulations
and may inform efforts to adjust regulatory obligations and advance
deregulatory proposals consistent with the Executive Orders of the
Trump administration. The data may also support the development of
deregulatory rulemakings or guidance to reduce compliance burden
without compromising the effectiveness of current AML/CFT frameworks.
Responses will not be used for supervisory or enforcement purposes.
Interested members of the public may view the proposed survey
questionnaire on the following web page: <a href="http://www.fincen.gov/news/news-releases/fincen-seeks-comments-proposed-survey-costs-amlcft-compliance">www.fincen.gov/news/news-releases/fincen-seeks-comments-proposed-survey-costs-amlcft-compliance</a>.
Request for Comment
Comments are invited on: (a) whether the collection of information
is necessary for the proper performance of FinCEN's functions,
including whether the information has practical utility; (b) the
accuracy of the estimates of the burden of the information collections,
including the validity of the methodology and assumptions used; (c)
ways to enhance the quality, utility, and clarity of the information to
be collected; and (d) ways to minimize the burden of the collection of
information on respondents, including through the use of automated
collection techniques or other forms of information technology. All
comments will become a matter of public record.
Andrea M. Gacki,
Director, Financial Crimes Enforcement Network.
[FR Doc. 2025-18918 Filed 9-29-25; 8:45 am]
BILLING CODE 4810-02-P
</pre></body>
</html>This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.