FinCEN will update the information in the ICR in 2 years based upon relevant data that is collected as part of the BSA compliance burden surveys that will be conducted in 2026.
FinCEN will clearly publicize the fact that the burdens and benefits discussed in connection with the 314(a) program ICR constitute only a fraction of the actual benefits and burden
of the 314(a) program because of the exceptions provided for in 44 U.S. Code § 3518(c).
Inventory as of this Action
Requested
Previously Approved
02/29/2028
36 Months From Approved
02/28/2026
12,726
0
14,960
555,702
0
2,917,200
0
0
0
The USA PATRIOT Act charged the Department of the Treasury (Treasury) with developing regulations to facilitate information sharing among government entities and financial institutions for the purpose of combatting terrorism and money laundering. In 2002, FinCEN published a final rule implementing the authority contained in Section 314(a) of the USA PATRIOT Act (the Section 314(a) Rule). The rule required financial institutions, upon FinCENâs request (a âSection 314(a) Requestâ), to search their records to determine whether they have maintained an account or conducted a transaction with a specified individual, entity, or organization that a Federal law enforcement agency has certified is suspected, based on credible evidence, of engaging in terrorist activity or money laundering. The rule was expanded in 2010 to enable certain agencies other than Federal law enforcement agencies to initiate Section 314(a) Requests. As amended, the rule enables certain foreign law enforcement agencies, state and local law enforcement agencies, and FinCEN itself, on its own behalf and on behalf of appropriate components of Treasury, to initiate Section 314(a) Requests. Before processing a request, FinCEN requires the requesting agency to certify that, in the case of money laundering, the matter is significant, and that the requesting agency has been unable to locate the information sought through traditional methods of investigation and analysis. The regulations implementing the rules are found at 31 CFR 1010.520.
The total burden hours decreased by 2,361,498 hours from 2,917,200 hours in 2022 to 555,702 hours in 2025. The primary reason for the decrease in burden is the decrease in the burden estimate per subject from 32 minutes in 2022 to four minutes in 2025. The number of respondents also decreased slightly from 14,960 financial institutions in 2022 to 12,726 financial institutions in 2025. See additional details in the supporting statement.
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:
(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;
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.