Notice of finding that Liberty Reserve S.A. is of primary money laundering concern (78 FR 34169)

Bitcoin Research — Law, Regulation, Markets & Origins (2026)

Fincen

2013-06-06

Document text

Research, not advice. Part of the Bitcoin research archive (October 2026). Claims labelled unverified, contested or fringe are reported, not endorsed; statuses of bills and rules are as of the date checked. Government, court and patent records are public domain; the research notes are CC BY 4.0.

Federal Register / Vol. 78, No. 109 / Thursday, June 6, 2013 / Notices                                              34169

                                                  The CDFI Fund will collect information                     C. Certification, Compliance                        I. Statutory Provisions
                                                  from each such Awardee on its use of                    Monitoring and Evaluation (CCME)                          On October 26, 2001, the President
                                                  the Award at least once following the                   Support: If you have any questions                     signed into law the Uniting and
                                                  Award and more often if deemed                          regarding the compliance requirements                  Strengthening America by Providing
                                                  appropriate by the CDFI Fund in its sole                of this NOFA, including questions                      Appropriate Tools Required to Intercept
                                                  discretion. The CDFI Fund will provide                  regarding performance on prior Awards,                 and Obstruct Terrorism Act of 2001 (the
                                                  guidance to Awardees outlining the                      contact the CDFI Fund’s CCME Unit by                   USA PATRIOT Act), Public Law 107–
                                                  format and content of the information to                email at [email protected] or by                     56. Title III of the USA PATRIOT Act
                                                  be provided, outlining and describing                   telephone at (202) 653–0423. The                       amends the anti-money laundering
                                                  how the funds were used.                                number provided is not toll free.                      provisions of the Bank Secrecy Act
                                                     2. Awardees With Persistent Poverty                     D. Communication with the CDFI                      (BSA), codified at 12 U.S.C. 1829b, 12
                                                  County Commitments: The CDFI Fund                       Fund: The CDFI Fund will use its                       U.S.C. 1951–1959, and 31 U.S.C. 5311–
                                                  will require each Awardee with                          myCDFIFund Internet interface to                       5314, 5316–5332, to promote the
                                                  persistent poverty county commitments,                  communicate with Applicants and                        prevention, detection, and prosecution
                                                  regardless of Award size, to report data                Awardees under this NOFA. Awardees                     of international money laundering and
                                                  for Award funds deployed in persistent                  must use myCDFIFund to submit                          the financing of terrorism. Regulations
                                                  poverty counties and maintain proper                    required reports. The CDFI Fund will                   implementing the BSA appear at 31 CFR
                                                  supporting documentation and records                    notify Awardees by email using the                     Chapter X. The authority of the
                                                  which are subject to review by the CDFI                 addresses maintained in each Awardee’s                 Secretary of the Treasury (the Secretary)
                                                  Fund’s Certification, Compliance                        myCDFIFund account. Therefore, an                      to administer the BSA and its
                                                  Monitoring, and Evaluation unit.                        Awardee and any Subsidiaries,                          implementing regulations has been
                                                                                                          signatories, and Affiliates must maintain              delegated to the Director of FinCEN.
                                                  IX. Agency Contacts                                     accurate contact information (including                   Section 311 of the USA PATRIOT Act
                                                     The CDFI Fund will respond to                        contact person and authorized                          (Section 311), codified at 31 U.S.C.
                                                  questions and provide support                           representative, email addresses, fax                   5318A, grants the Secretary the
                                                  concerning this NOFA and the funding                    numbers, phone numbers, and office                     authority, upon finding that reasonable
                                                  Application between the hours of 9:00                   addresses) in their myCDFIFund                         grounds exist for concluding that a
                                                  a.m. and 5:00 p.m. ET, starting on the                  account(s). For more information about                 foreign jurisdiction, financial
                                                  date of the publication of this NOFA                    myCDFIFund, please see the Help                        institution, class of transaction, or type
                                                  through July 10, 2013 for the FY 2013                   documents posted at https://                           of account is of ‘‘primary money
                                                  funding round. The CDFI Fund will not                   www.cdfifund.gov/myCDFI/Help/                          laundering concern,’’ to require
                                                  respond to Applicants’ reporting,                       Help.asp.                                              domestic financial institutions and
                                                  compliance, or disbursement telephone                     Authority: 12 U.S.C. 1834a, 4703, 4703               financial agencies to take certain
                                                  calls or email inquiries that are received              note, 4713; 12 CFR part 1806.                          ‘‘special measures’’ to address the
                                                  after 5:00 p.m. ET on July 10, 2013 until                 Dated: May 31, 2013.                                 primary money laundering concern. The
                                                  after the Application deadline. The                                                                            Secretary has delegated this authority
                                                                                                          Donna J. Gambrell,
                                                  CDFI Fund will respond to technical                                                                            under Section 311 to the Director of
                                                  issues related to myCDFIFund accounts                   Director, Community Development Financial
                                                                                                          Institutions Fund.                                     FinCEN.
                                                  through 5:00 p.m. ET on July 12, 2013.                                                                            On May 28, 2013, the Director of
                                                                                                          [FR Doc. 2013–13417 Filed 6–5–13; 8:45 am]
                                                     Applications and other information                                                                          FinCEN found that Liberty Reserve S.A.
                                                                                                          BILLING CODE 4810–70–P
                                                  regarding the CDFI Fund and its                                                                                (Liberty Reserve) is a financial
                                                  programs may be downloaded and                                                                                 institution operating outside the United
                                                  printed from the CDFI Fund’s Web site                                                                          States that is of primary money
                                                                                                          DEPARTMENT OF THE TREASURY
                                                  at www.cdfifund.gov. The CDFI Fund                                                                             laundering concern. The Director
                                                  will post responses to questions of                     Financial Crimes Enforcement Network                   considered the factors discussed below
                                                  general applicability regarding the BEA                                                                        in making this determination.
                                                  Program on its Web site.                                Notice of Finding That Liberty Reserve
                                                     A. Information Technology Support:                   S.A. Is a Financial Institution of                     II. The Extent to Which Liberty Reserve
                                                  Technical support can be obtained by                    Primary Money Laundering Concern                       Has Been Used To Facilitate or Promote
                                                  calling (202) 653–0300 or by email to                                                                          Money Laundering in or Through Costa
                                                                                                          AGENCY: Financial Crimes Enforcement                   Rica and Internationally
                                                  [email protected]. People who
                                                  have visual or mobility impairments                     Network (FinCEN), Treasury.
                                                                                                                                                                    Liberty Reserve is a Web-based money
                                                  that prevent them from creating a                       ACTION: Notice of finding.                             transfer system, or ‘‘virtual currency.’’ It
                                                  Distressed Community map using the                      SUMMARY: This document provides                        is a financial institution currently
                                                  CDFI Fund’s Web site should call (202)                  notice that, pursuant to the authority                 registered in Costa Rica and has been
                                                  653–0300 for assistance. These are not                  contained in 31 U.S.C. 5318A, the                      operating since 2001. Liberty Reserve’s
                                                  toll free numbers.                                      Director of FinCEN found on May 28,                    system is structured so as to facilitate
                                                     B. Application Support: If you have                  2013, that Liberty Reserve S.A. (Liberty               money laundering and other criminal
                                                  any questions about the programmatic                    Reserve) is a financial institution                    activity, while making any legitimate
                                                  or administrative requirements of this                  operating outside the United States that               use economically unreasonable. The

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                                                  NOFA, contact the CDFI Fund’s BEA                       is of primary money laundering                         Department of Justice is taking criminal
                                                  Program office by email at                              concern.                                               action against Liberty Reserve and
                                                  [email protected], by telephone at                                                                       related individuals.
                                                  (202) 653–0421, by facsimile at (202)                   DATES: The finding referred to in this                    Liberty Reserve uses a system of
                                                  508–0089, or by mail at CDFI Fund,                      notice was effective as of May 28, 2013.               internal accounts and a network of
                                                  1500 Pennsylvania Avenue NW.,                           FOR FURTHER INFORMATION CONTACT:                       virtual currency exchangers to move
                                                  Washington, DC 20220. The number                        FinCEN, (800) 949–2732.                                funds. Operating under the domain
                                                  provided is not toll free.                              SUPPLEMENTARY INFORMATION:                             name www.libertyreserve.com, it

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                                                  34170                          Federal Register / Vol. 78, No. 109 / Thursday, June 6, 2013 / Notices

                                                  maintains accounts for registered users.                to maintain Dollar for Dollar and Euro                 charge a commission on each transfer to
                                                  Users fund their accounts by ordering a                 for Euro reserves to back their virtual                and from the Liberty Reserve system.
                                                  bank wire or money services business                    currencies.                                              Once funded, the Liberty Reserve
                                                  (MSB) transfer to the bank of a Liberty                   To withdraw funds, the user instructs
                                                                                                                                                                 virtual currency can be transferred
                                                  Reserve exchanger. Users can also fund                  Liberty Reserve to send funds from the
                                                                                                                                                                 among accounts within the Liberty
                                                  Liberty Reserve accounts by depositing                  user’s Liberty Reserve account to a
                                                                                                          Liberty Reserve exchanger, which then                  Reserve system. The transfers are
                                                  cash, postal money orders, or checks
                                                  directly into the exchanger’s bank                      sends a bank wire, MSB transfer, or                    anonymous, and the recipient only sees
                                                  account. The exchanger then credits a                   other transfer method to the user’s or                 the account number from which the
                                                  corresponding value to the user’s                       recipient’s bank account in U.S. dollars               funds were transferred. For an
                                                  Liberty Reserve account, denominated                    or other major currencies. The                         additional fee, even that information
                                                  in ‘‘Liberty Reserve Dollars’’ or ‘‘Liberty             exchangers are independent MSBs                        can be eliminated for greater anonymity.
                                                  Reserve Euros.’’ Liberty Reserve claims                 operating around the world. They

                                                  A. History and Ownership                                Reserve operates, customers opened                     transmitting business, GoldAge, out of
                                                    According to reporting of a                           online GoldAge accounts with only                      their Brooklyn apartments. By that date,
                                                  Planetgold.com interview in 2003 with                   limited identification documentation                   the defendants had transmitted at least
                                                  Arthur Budovsky, who founded the                        and then could choose their method of                  $30 million through GoldAge to digital
                                                  company, Liberty Reserve was then                       payment, including wire transfers, cash                currency accounts globally since 2002.
                                                  based in Nevis and began as a private                   deposits, postal money orders, or                      Budovsky pled guilty and was
                                                  exchange system for import/export                       checks, to GoldAge to buy digital gold-                sentenced to five years of probation.
                                                  businesses. In 2002, Budovsky and                       based currency. GoldAge customers
                                                                                                          could withdraw their funds by wire                     B. Liberty Reserve Seeks Out
                                                  another individual, Vladimir Kats, set                                                                         Jurisdictions With Weak Regulatory
                                                  up several other companies, including                   transfers to anywhere in the world or by
                                                                                                          having checks sent to an individual.                   Environments

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                                                  GoldAge Inc., according to the New
                                                  York County District Attorney’s Office.                    In March 2004, Liberty Reserve’s Web                  According to the 2012 International
                                                  GoldAge served as a prominent                           site indicated that it was operating out               Narcotics Control Strategy Report
                                                  exchanger for E-Gold, a gold-based                      of Brooklyn, New York. In May 2006,                    (INCSR) prepared by the U.S.
                                                  virtual currency system. E-Gold was                     Liberty Reserve was re-registered in                   Department of State, money laundering
                                                  charged with money laundering and                       Costa Rica. In July 2006, Budovsky and                 in Costa Rica occurs across the formal
                                                  operating an illegal MSB, and pled                      Kats were indicted by the state of New                 and non-formal financial sectors,
                                                  guilty in 2008. Similar to how Liberty                  York for operating an illegal money                    especially via both licensed and

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                                                                                 Federal Register / Vol. 78, No. 109 / Thursday, June 6, 2013 / Notices                                              34171

                                                  unlicensed money remitters. According                   money transfer system for criminal                     contrary, exchangers with which Liberty
                                                  to the 2013 INCSR, although Costa Rica                  clientele seeking to launder their                     Reserve continues to work appear to
                                                  continues to take steps to enforce its                  criminal proceeds, to move funds to or                 have no or minimal verification or
                                                  financial and non-financial regulatory                  from sanctioned jurisdictions and                      monitoring of clients; for example, some
                                                  regimes to prevent and detect money                     entities, or to finance terrorism                      have no anti-money laundering policy,
                                                  laundering, money remittance services                   internationally. Forcing users to deposit              and others affirmatively advertise that
                                                  remain a sector of particular concern.                  or withdraw funds through exchangers                   they conduct no verification. Many of
                                                  The INCSR notes that ‘‘Costa Rica is                    creates another layer of anonymity in                  them are located in countries with lax
                                                  primarily used by foreign organizations                 the system. To offer even more                         money laundering enforcement. As of
                                                  as a bridge to send funds to and from                   anonymity, Liberty Reserve provides an                 2009, Liberty Reserve had outsourced its
                                                  other jurisdictions using bulk cash                     option, for an additional fee, to conceal              own verification process for new
                                                  shipments and companies or financial                    the sole identifier of origin, the                     exchangers to a non-affiliated company
                                                  institutions located offshore.’’                        originator’s account number, in                        for which at least two U.S. banks have
                                                     The 2007 INCSR noted that ‘‘[r]eforms                transactions.                                          rejected wires due to money laundering
                                                  in 2002 to the Costa Rican                                 Liberty Reserve’s AML policy, issued                concerns.
                                                  counternarcotics law expand the scope                   in 2010, states that it is illegal for                    Relying on exchangers to conduct
                                                  of anti-money laundering regulations,                   Liberty Reserve, ‘‘its employees, agents               what little due diligence Liberty Reserve
                                                  but also create an invitation to launder                or exchangers to knowingly engage, or                  purports to require enhances the gravity
                                                  funds by eliminating the government’s                   attempt to engage in a monetary                        of Liberty Reserve’s money laundering
                                                  licensing and supervision of casinos,                   transaction in criminally derived                      risk. A review of publicly available
                                                  jewelers, realtors, attorneys, and other                property.’’ It also states that it is illegal          information on Liberty Reserve’s
                                                  nonbank financial institutions.’’ While                 to ‘‘transport, transmit or transfer, or               exchangers indicates that many of them
                                                  some progress has made been since that                  attempt to transport, transmit or transfer             do not provide names of contact persons
                                                  time, regulation of this sector remains a               a monetary instrument or funds in                      and obscure the country of their
                                                  concern. Thus, when Liberty Reserve                     excess of $10,000 . . . either into or out             business registration or physical
                                                  moved its registration to Costa Rica in                 of Costa Rica and/or any other countries               location. To further conceal their
                                                  2006, Costa Rica was commonly known                     with similar legislation if the purpose is             ownership, several of the exchangers
                                                  to have inadequate regulation of non-                   to carry out an illegal activity, or to                registered their domain names through
                                                  bank financial institutions, including                  avoid reporting requirements.’’ Its                    third-party hosting services, and some
                                                  MSBs and internet businesses.                           citation to these requirements                         of them used a paid service through
                                                     In October 2007, Liberty Reserve’s                   demonstrates that Liberty Reserve is                   their registrars to hide registration
                                                  official blog explained that registering in             well aware of anti-money laundering                    information from the public. Web site
                                                  Costa Rica allowed the company to                       laws. However, even having                             visitor traffic data on the exchangers’
                                                  avoid U.S. authorities because Costa                    acknowledged that these activities are                 Web sites showed that most exchangers
                                                  Rica does not have a mutual legal                       illegal in many jurisdictions in which                 appear to serve relatively few customers
                                                  assistance treaty with the United States.               they operate, and that they are aware of               and produce little online attention.
                                                  Taken together, these facts suggest that                applicable laws and regulations in                        Liberty Reserve’s AML policy states
                                                  Liberty Reserve has specifically sought                 multiple jurisdictions, Liberty Reserve                that it will verify the identity of any
                                                  out jurisdictions with weak anti-money                  has structured its business to separate                direct client of Liberty Reserve
                                                  laundering controls and apparent                        itself from knowledge that would allow                 ‘‘according to the guidelines of various
                                                  immunity from U.S. prosecution.                         it to detect money laundering. Indeed,                 jurisdictions.’’ However, Liberty Reserve
                                                                                                          the fact that Liberty Reserve has only a               appears to have no verification
                                                  C. Liberty Reserve Is Designed To
                                                                                                          statement in its policy, with no                       requirements in practice except for a
                                                  Facilitate Money Laundering and Illicit
                                                                                                          implementation to address anti-money                   working email address. Similarly, its
                                                  Finance
                                                                                                          laundering concerns or requirements, is                AML policy mentions requirements to
                                                    To open an account through the                        so deficient that it would not comply                  ‘‘train staff continuously on anti-money
                                                  Liberty Reserve Web site, a user is asked               with any implementation of                             laundering regulations’’ and to appoint
                                                  to enter basic identifying information,                 internationally accepted anti-money                    a compliance officer responsible for
                                                  such as name, email address, and date                   laundering requirements, such as the                   monitoring and reporting ‘‘any and all
                                                  of birth. Liberty Reserve does not                      standards recommended by the                           suspicious activities.’’ Based on the
                                                  require users to validate any of that                   Financial Action Task Force.                           information, or lack of information,
                                                  information. Users are also able to open                   Liberty Reserve’s AML policy                        collected by Liberty Reserve, it would
                                                  as many accounts as they want. Liberty                  provides less than one page regarding                  be impossible for Liberty Reserve to
                                                  Reserve requires only a working, even if                what Liberty Reserve considers a                       operate an AML compliance program
                                                  anonymous, email address. Once a user                   sufficient response to its risk for money              that complied with commonly required
                                                  has an account with Liberty Reserve, its                laundering activity and its legal                      customer due diligence and suspicious
                                                  anti-money laundering policy (AML                       requirements. The only component of                    activity reporting requirements.
                                                  policy) does not suggest that it either                 the policy that addresses any due                         Liberty Reserve’s AML policy
                                                  requires or verifies any information                    diligence requirement indicates that the               indicates an understanding of the key
                                                  associated with any transaction.                        obligation is transferred entirely to the              role suspicious activity reporting and
                                                    This lack of customer due diligence                   exchangers. The AML policy states that                 responses play in anti-money

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                                                  means that the accounts can be entirely                 Liberty Reserve will verify the identity               laundering program requirements. The
                                                  anonymous and thus that account                         of the exchangers and request from them                policy states ‘‘LIBERTY RESERVE is
                                                  holders can transfer funds to or from                   ‘‘a compromise to verify the identity of               legally bound to report such
                                                  anywhere with anyone with anonymity.                    their direct clients.’’ Whatever this is               misdemeanors to the relevant
                                                  Indeed, Liberty Reserve advertises this                 intended to mean, there is no evidence                 authorities and as such you may be the
                                                  fact as a virtue of the service. The                    that Liberty Reserve requires the                      [sic] subject to a criminal investigation.’’
                                                  deliberate lack of verification makes                   accredited exchangers to engage in any                 Liberty Reserve has structured itself,
                                                  Liberty Reserve a particularly attractive               such customer verification. To the                     however, to ensure that it never has the

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                                                  34172                          Federal Register / Vol. 78, No. 109 / Thursday, June 6, 2013 / Notices

                                                  relevant information needed to comply                   high-risk for money laundering                            • A facilitator of a foreign extremist
                                                  with any stated obligation.                             activities; and (4) transactions involved              group in 2013 held a Liberty Reserve
                                                     For all of these reasons, Liberty                    large, round-dollar, repetitive                        account, which may have been used to
                                                  Reserve appears designed to facilitate                  international wire transfers sent to the               collect funds for the group.
                                                  money laundering and illicit finance.                   same Liberty Reserve exchanger.                           • One cybercriminal forum, the
                                                  Funding a Liberty Reserve account,                         Information available to the U.S.                   contents of which were recently made
                                                  either through transfers from the owner                 government suggests frequent use of                    public, has long served as a point of sale
                                                  of the account or from others, serves to                Liberty Reserve by criminals to receive,               for cybercriminal wares, including
                                                  place funds in the nominally legitimate                 send, or launder funds. For example:                   exploit kits, spam services, ransom-ware
                                                  stream of commerce. The anonymous                          • A U.S. resident, on instructions                  programs, botnets, and key-logging
                                                  nature of Liberty Reserve means such                    from an individual allegedly involved in               services, payable via Liberty Reserve.
                                                  placement can be performed by anyone                    online fraud, sent over $150,000 in                       • One hacker, who only accepts
                                                  from anywhere using funds of any                        possible stolen funds to the individual                Liberty Reserve as payment, offered to
                                                  origin. Transfers within Liberty                        through a Liberty Reserve account set                  sell the source code to ‘‘Winlocker,’’ an
                                                  Reserve’s system, which can be made                     up in the resident’s name.                             application to secure a computer with a
                                                  between any accounts without record or                     • Several persons reportedly utilized
                                                                                                                                                                 password.
                                                  identification, serve to structure and                  a scheme involving identity theft to
                                                  layer movement of funds such that, even                 create multiple fraudulent corporate                      • One hacker claimed to have access
                                                  if the initial placement can be traced,                 accounts with an online broker/dealer                  to and control over several top dot-gov,
                                                  subsequent movement cannot. The ease                    and funded the accounts with over                      dot-mil and dot-edu Web sites. The
                                                  and anonymity of account opening                        $250,000 in allegedly stolen funds. They               hacker also purported to sell personally
                                                  means that such movement could easily                   then ordered over $100,000 in an                       identifiable information from hacked
                                                  occur among accounts owned by a                         unspecified number of international                    sites, for $20 per 1,000 records. These
                                                  single person or entity, completely                     wire transfers to be credited to a                     services were payable only via Liberty
                                                  obscuring the origin of funds that leave                specified Liberty Reserve account                      Reserve.
                                                  the system, creating a one-stop money                   number.                                                   • As of February 2011, the source
                                                  laundering system.                                         • A contact for an international                    code for the latest version of the ZeuS
                                                                                                          company sent over $1.3 million in                      banking Trojan, the preeminent
                                                  D. Liberty Reserve Is Regularly Used To                 dozens of large, round-dollar, repetitive              cybersecurity threat used to steal bank
                                                  Store, Transfer, and Launder Illicit                    international wire transfers to a Liberty              account information, was available on
                                                  Proceeds                                                Reserve account in mid- to late-2012.                  an online criminal forum for a reported
                                                     Liberty Reserve is used extensively by               The individual was possibly using a                    $100,000, payable only through Liberty
                                                  criminals to store, transfer, and launder               personal bank account to conduct these                 Reserve.
                                                  illicit proceeds, including through U.S.                business transactions, an indicator of                 E. Liberty Reserve Is Not Designed For
                                                  financial institutions. Information                     potential money laundering.                            Legitimate Use
                                                  available to the U.S. government shows                     • According to a news article in The
                                                  frequent wire transfer activity to or from              Times of India, two individuals in                        Transfers made through Liberty
                                                  Liberty Reserve that indicates money                    Rajasthan, India were arrested in March                Reserve currency cost considerably
                                                  laundering, in that: (1) The legitimate                 2013, for abducting and killing an                     more than transactions made through
                                                  business purpose, source of funds, and                  individual they targeted through an                    comparable services, providing a
                                                  validity of the wire transactions could                 online social networking site. The                     significant disincentive for legitimate
                                                  not be determined or verified; (2) little               kidnappers demanded that ransom                        users. For example, a $10,000 transfer
                                                  or no identifying information appeared                  money be paid to their Liberty Reserve                 using Liberty Reserve would cost
                                                  in wire transaction records regarding the               account. A cyber security expert cited in              approximately $248 to $1,946 in fees.
                                                  ultimate originators or beneficiaries                   the news article stated that the                       Transferring $10,000 through a
                                                  such as addresses, telephone numbers,                   kidnappers chose to use Liberty Reserve                comparable direct bank wire or MSB
                                                  or identification numbers, with only                    to execute their crimes because the                    transfer costs approximately $40 to
                                                  Liberty Reserve in the ‘‘reference’’ field,             system requires no proof of                            $200. The below chart illustrates some
                                                  suggesting an attempt to conceal the                    identification for the depositor or the                costs involved with a Liberty Reserve
                                                  identities of the involved parties; (3)                 recipient of funds, and Liberty Reserve                transfer, where, for example, Person A
                                                  transactions involved unidentified                      will not disclose the internet protocol                has $10,000 to move from a U.S. bank
                                                  entities located and/or banking in                      address of the recipient, which would                  to Person B’s bank account in another
                                                  jurisdictions considered vulnerable or                  aid law enforcement efforts.                           country through Liberty Reserve:

                                                                                  Process step                                                         Cost                              Charges

                                                  1. Person A wires money from a bank account to an exchanger ..........               Varies. $45 is an approximate av-     $45.
                                                                                                                                         erage.
                                                  2. Exchanger charges fee to convert USD into Liberty Reserve funds                   Ranges from 1%–10%, with pos-         At 1%: $99 charge.
                                                    and places funds in Person A’s Liberty Reserve account.                              sible flat fees associated with     At 5%: $497 charge.
                                                                                                                                         transaction.                        At 10%: $995 charge.
                                                  3. Person A instructs Liberty Reserve to move funds from his account                 1% of transfer to receive money,      $2.99. Users can also pay an op-

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                                                    to Person B’s Liberty Reserve account.                                               up to a maximum of $2.99.             tional privacy fee to remove
                                                                                                                                                                               their account number from inter-
                                                                                                                                                                               nal transfers.
                                                  4. Person B sends Liberty Reserve funds to exchanger to convert to                   Ranges from 1%–10%, with pos-         At 1%: $98 charge.
                                                    USD and send to Person B’s bank account.                                             sible flat fees associated with     At 5%: $472 charge.
                                                                                                                                         transaction.                        At 10%: $896 charge.

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                                                                                  Federal Register / Vol. 78, No. 109 / Thursday, June 6, 2013 / Notices                                                                       34173

                                                                                   Process step                                                                 Cost                                           Charges

                                                  5. Person B receives funds in his bank account ....................................   ........................................................   Total cost at 1%: $248.
                                                                                                                                                                                                   Total cost at 5%: $1020.
                                                                                                                                                                                                   Total cost at 10%: $1946.

                                                     Liberty Reserve also is a completely                    Dated: May 28, 2013.                                               obtain approval from the Office of
                                                  irrevocable payment system and digital                   Jennifer Shasky Calvery,                                             Management and Budget (OMB) for each
                                                  currency. The fact that the transactions                 Director, Financial Crimes Enforcement                               collection of information they conduct
                                                  are irrevocable, meaning that they                       Network.                                                             or sponsor. This request for comment is
                                                  cannot be reversed or refunded in the                    [FR Doc. 2013–12944 Filed 6–5–13; 8:45 am]                           being made pursuant to Section
                                                  event of fraud, makes it a highly                        BILLING CODE 4810–2P–P                                               3506(c)(2)(A) of the PRA.
                                                  desirable system for criminal use and a                                                                                         With respect to the following
                                                  highly problematic one for any                                                                                                collection of information, VBA invites
                                                  legitimate payment functions.                            DEPARTMENT OF VETERANS                                               comments on: (1) Whether the proposed
                                                  Revocability protects merchants and                      AFFAIRS                                                              collection of information is necessary
                                                  users from fraud and is a common                                                                                              for the proper performance of VBA’s
                                                  feature of legitimate payment systems.                   [OMB Control No. 2900–0036]
                                                                                                                                                                                functions, including whether the
                                                  Despite the security precautions that                    Proposed Information Collection                                      information will have practical utility;
                                                  make it secure for illicit use, funds                    (Statement of Disappearance) Activity:                               (2) the accuracy of VBA’s estimate of the
                                                  reportedly have been stolen from user                    Comment Request                                                      burden of the proposed collection of
                                                  accounts, making it even less attractive                                                                                      information; (3) ways to enhance the
                                                  to any potential licit users. The                        AGENCY: Veterans Benefits
                                                                                                                                                                                quality, utility, and clarity of the
                                                  company has been unresponsive to                         Administration, Department of Veterans
                                                                                                                                                                                information to be collected; and (4)
                                                  these customer complaints.                               Affairs.
                                                                                                                                                                                ways to minimize the burden of the
                                                                                                           ACTION: Notice.
                                                  III. The Extent to Which Liberty                                                                                              collection of information on
                                                  Reserve Is Used for Legitimate Business                  SUMMARY: The Veterans Benefits                                       respondents, including through the use
                                                  Purposes in Costa Rica                                   Administration (VBA) is announcing an                                of automated collection techniques or
                                                                                                           opportunity for public comment on the                                the use of other forms of information
                                                     FinCEN has found no evidence that                     proposed collection of certain                                       technology.
                                                  Liberty Reserve is used in Costa Rica for                information by the agency. Under the                                   Title: Statement of Disappearance, VA
                                                  any business purpose, legitimate or                      Paperwork Reduction Act (PRA) of                                     Form 21–1775.
                                                  otherwise. Costa Rican customers have                    1995, Federal agencies are required to
                                                  no direct access to Liberty Reserve’s                                                                                           OMB Control Number: 2900–0036.
                                                                                                           publish notice in the Federal Register
                                                  offices. The only access to the business,                concerning each proposed collection of                                 Type of Review: Extension of a
                                                  anywhere in the world, is through its                    information, including each proposed                                 currently approved collection.
                                                  Web site. As noted above, Liberty                        extension of a currently approved                                      Abstract: VA Form 21–1775 is used to
                                                  Reserve appears to have chosen to locate                 collection, and allow 60 days for public                             gather information from a claimant to
                                                  itself in Costa Rica because Costa Rica                  comment in response to the notice. This                              make a decision regarding the
                                                  is commonly known to have inadequate                     notice solicits comments on information                              unexplained absence of a Veteran for
                                                  regulation of MSBs and internet                          needed to determine a presumption of                                 over 7 years. The data collected will be
                                                  businesses, and because the location                     death of a missing Veteran.                                          used to determine the claimant’s
                                                  allowed the company to avoid U.S.                        DATES: Written comments and                                          entitlement to death benefits.
                                                  authorities because Costa Rica does not                  recommendations on the proposed
                                                                                                           collection of information should be                                    Affected Public: Individuals or
                                                  have a mutual legal assistance treaty
                                                                                                           received on or before August 5, 2013.                                households.
                                                  with the United States.
                                                                                                           ADDRESSES: Submit written comments                                     Estimated Annual Burden: 28 hours.
                                                  IV. The Extent to Which This Action Is                   on the collection of information through                               Estimated Average Burden per
                                                  Sufficient To Guard Against                              Federal Docket Management System                                     Respondent: 2 hours 45 minutes.
                                                  International Money Laundering and                       (FDMS) at www.Regulations.gov or to
                                                  Other Financial Crimes                                                                                                          Frequency of Response: One-time.
                                                                                                           Nancy J. Kessinger, Veterans Benefits
                                                                                                           Administration (20M35), Department of                                  Estimated Number of Respondents:
                                                     FinCEN’s finding that Liberty Reserve                                                                                      10.
                                                  is an institution of primary money                       Veterans Affairs, 810 Vermont Avenue
                                                                                                           NW., Washington, DC 20420 or email                                     Dated: June 3, 2013.
                                                  laundering concern will guard against
                                                                                                           [email protected]. Please refer to                                By direction of the Secretary.
                                                  the international money laundering and
                                                                                                           ‘‘OMB Control No. 2900–0036’’ in any
                                                  other financial crimes described above                                                                                        Crystal Rennie,
                                                                                                           correspondence. During the comment
                                                  directly by restricting the ability of                   period, comments may be viewed online                                VA Clearance Officer, Enterprise Records

mstockstill on DSK4VPTVN1PROD with NOTICES
                                                  Liberty Reserve to access the U.S.                       through the FDMS.                                                    Service, Office of Information and
                                                  financial system to process transactions,                                                                                     Technology, U.S. Department of Veterans
                                                                                                           FOR FURTHER INFORMATION CONTACT:                                     Affairs.
                                                  and indirectly by public notification to
                                                                                                           Nancy J. Kessinger at (202) 632–8924 or                              [FR Doc. 2013–13430 Filed 6–5–13; 8:45 am]
                                                  the international financial community                    Fax (202) 632–8925.
                                                  of the risks posed by dealing with                                                                                            BILLING CODE 8320–01–P
                                                                                                           SUPPLEMENTARY INFORMATION: Under the
                                                  Liberty Reserve.
                                                                                                           PRA of 1995 (Pub. L. 104–13; 44 U.S.C.
                                                                                                           3501–3521), Federal agencies must

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