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View ICR - Agency Submission
COMMENT
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Days
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OMB Control No:
1506-0071
ICR Reference No:
202602-1506-002
Status:
Received in OIRA
Previous ICR Reference No:
202301-1506-001
Agency/Subagency:
TREAS/FINCEN
Agency Tracking No:
Title:
Imposition of Special Measure Against North Korea as a Jurisdiction of Primary Money Laundering Concern
Type of Information Collection:
Extension without change of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
Date Submitted to OIRA:
03/31/2026
Requested
Previously Approved
Expiration Date
36 Months From Approved
04/30/2026
Responses
127
16,588
Time Burden (Hours)
6
16,588
Cost Burden (Dollars)
0
0
Abstract:
Section 311 of the USA PATRIOT Act (Section 311), codified at 31 U.S.C. 5318A, grants FinCEN the authority, upon finding that reasonable grounds exist for concluding that a foreign jurisdiction, financial institution, class of transactions, or type of account is of “primary money laundering concern,” to require domestic financial institutions and financial agencies to take one or more “special measures.” Special measures one through four, codified at 31 U.S.C. 5318A(b)(1)–(b)(4), impose additional recordkeeping, information collection, and reporting requirements on covered U.S. financial institutions. The fifth special measure, codified at 31 U.S.C. 5318A(b)(5), allows FinCEN to impose prohibitions or conditions on the opening or maintenance of certain correspondent accounts. Special measures are safeguards that protect the U.S. financial system from money laundering and terrorist financing. In 2016, FinCEN issued a final rule imposing the fifth special measure to prohibit U.S. financial institutions from opening or maintaining correspondent accounts for, or on behalf of, North Korean banking institutions. The rule requires that U.S. financial institutions take reasonable steps to avoid processing transactions through the correspondent account of a foreign bank in the United States, if such transactions involve a North Korean financial institution, and it requires institutions to apply special due diligence to guard against the use of correspondent accounts by North Korean financial institutions. See 31 CFR 1010.659.
Authorizing Statute(s):
US Code:
31 USC 5318(A)
Name of Law: Money and Finance
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
Not associated with rulemaking
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
90 FR 57279
12/10/2025
30-day Notice:
Federal Register Citation:
Citation Date:
91 FR 16082
03/31/2026
Did the Agency receive public comments on this ICR?
Yes
Number of Information Collection (IC) in this ICR:
1
IC Title
Form No.
Form Name
Imposition of Special Measure Against North Korea as a Jurisdiction of Primary Money Laundering Concern
ICR Summary of Burden
Total Request
Previously Approved
Change Due to New Statute
Change Due to Agency Discretion
Change Due to Adjustment in Estimate
Change Due to Potential Violation of the PRA
Annual Number of Responses
127
16,588
0
0
-16,461
0
Annual Time Burden (Hours)
6
16,588
0
0
-16,582
0
Annual Cost Burden (Dollars)
0
0
0
0
0
0
Burden increases because of Program Change due to Agency Discretion:
No
Burden Increase Due to:
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
When these OMB control numbers were last renewed in 2023 and 2024, FinCEN estimated that because approximately 15,000 to 16,500 U.S. financial institutions could potentially maintain correspondent accounts for foreign banks, they were all equally likely to incur recordkeeping burdens. In 2025, FinCEN refined its burden assignment methods by distinguishing between all covered financial institutions that could potentially become respondents if they were to maintain a correspondent account for a foreign bank and those that might reasonably be expected to actually be respondents in a given year because they bear indicia of already maintaining such accounts. As a result, in 2025, FinCEN revised the estimated expected number of U.S. financial institutions that maintain a correspondent account for a foreign bank to 127. This is the primary reason for the change in the burden estimate. In addition, FinCEN revised its burden methodology to account for a staggered decrease in burden in the years following the first year after the publication and implementation of a Section 311 final rule imposing special measure five. Thus, the average time per respondent has been decreased from a uniform burden assignment of one hour in any given year in the prior renewals to 0.05 hours given the number of years elapsed since the first year in which the final rule implemented this imposition of special measure five.
Annual Cost to Federal Government:
$0
Does this IC contain surveys, censuses, or employ statistical methods?
No
Does this ICR request any personally identifiable information (see
OMB Circular No. A-130
for an explanation of this term)? Please consult with your agency's privacy program when making this determination.
No
Does this ICR include a form that requires a Privacy Act Statement (see
5 U.S.C. §552a(e)(3)
)? Please consult with your agency's privacy program when making this determination.
No
Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]?
No
Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]?
No
Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)?
No
Is this ICR related to the Pandemic Response?
No
Agency Contact:
FinCEN Resource Center 800 767-2825 frc@fincen.gov
Common Form ICR:
No
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:
(a) It is necessary for the proper performance of agency functions;
(b) It avoids unnecessary duplication;
(c) It reduces burden on small entities;
(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
(f) It indicates the retention periods for recordkeeping requirements;
(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
(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;
(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
(i) It uses effective and efficient statistical survey methodology (if applicable); and
(j) It makes appropriate use of information technology.
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.
Certification Date:
03/31/2026
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