For Immediate Release: January 23, 2007
REP. FRANK FLOOR STATEMENT ON
SEASONED CUSTOMER CTR EXEMPTION ACT OF 2007
(House of Representatives - January 23, 2007)
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Madam Speaker, this is an example of sensible regulation because
sensible regulation includes deregulation when that is appropriate.
The Committee on Financial Services reported this bill out last
year. It passed the House. Surprisingly it managed not to make it through
the Senate. The efficiency of that body failed us on this occasion
apparently, but we are going to try again.
We believe in regulation, and this is an important area where we
provide information to our financial detectives, and it is especially
important with regard to terrorist financing.
But too much regulation can defeat the purpose for which regulation
is intended, and we have a situation now where the banks are required to
report every year on customers' transactions of $10,000 or more. Now, one
of the things this bill would do is give the Secretary of the Treasury the
authority to increase a dollar figure that has been left unadjusted for
inflation for too long.
More importantly, we are talking now about the exemption that is
given to what we call seasoned customers of the bank. When the banks are
dealing, and this is particularly important for our community bankers,
when they are dealing with people whom they know, with whom they have had
regular and continuing relationships, having to report every time they do
a transaction of $10,000 or more generates extra work for the bank, and I
believe, if anything, interferes with the ability of the regulators to
find what they should be looking for.
If we are telling people to find needles, we should not set about
building them bigger haystacks. What this bill says is that where we are
talking about regular customers, regular seasoned customers, they can
apply for the exemption, which is in the control of the Secretary of the
Treasury, with careful criteria.
And having received that exemption, as long as they remain seasoned
customers of the same bank, that process does not have to be repeated
every 2 years. It reduces the regulatory burden on banks, and it is
particularly important to small banks.
I would ask at this point, Madam Speaker, under my general leave to
include a letter to myself and the gentleman from Alabama from America's
Community Bankers strongly endorsing this bill.
AMERICA'S COMMUNITY BANKERS
Washington, DC, January 22, 2007.
Hon. BARNEY FRANK,
Chairman, Financial Services Committee, House of Representatives
Washington, DC.
Hon. SPENCER BACHUS
Ranking Member, Financial Services Committee, House of Representatives
Washington, DC.
Dear Chairman Frank and Ranking Member Bachus: America's Community
Bankers is pleased to support H.R. 323, the Seasoned Customer CTR
Exemption Act of 2007. The legislation would make important improvements
to the current exemption system for cash transaction reports (CTRs) by
making it easier to exempt the routine transactions of certain seasoned
business customers. H.R. 323 would more appropriately balance the cost and
benefits of the Bank Secrecy Act's CTR reporting requirements. The
legislation would also reduce the number of CTRs filed on routine
transactions of well-known, law abiding customers.
We urge the full House of Representatives to adopt H.R. 323 and look
forward to working with you to enact this important legislation.
While we fully support H.R. 323, we urge the Committee to modernize
the Bank Secrecy Act further by increasing the $10,000 threshold that
triggers CTR filing. This threshold has not been updated since 1970.
Increasing the $10,000 trigger would more appropriately balance the
reporting obligations of depository institutions and the information needs
of law enforcement agencies.
Sincerely,
Robert R. Davis,
Executive Vice President and Managing
Director, Government Relations.
What this will do is to reduce the paperwork burden on the banks; it
will ease the burden on the regulators. It will not diminish in any way
the flow of information that is needed for those whose job it is to keep
us safe.