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31 U.S.C. § 5316 — Reports on exporting and importing monetary instruments

Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 5316 — Reports on exporting and importing monetary instruments

**(a)** Except as provided in subsection (c) of this section, a person or an agent or bailee of the person shall file a report under subsection (b) of this section when the person, agent, or bailee knowingly— (1) transports, is about to transport, or has transported, monetary instruments of more than $10,000 at one time— (A) from a place in the United States to or through a place outside the United States; or (B) to a place in the United States from or through a place outside the United States; or (2) receives monetary instruments of more than $10,000 at one time transported into the United States from or through a place outside the United States. **(b)** A report under this section shall be filed at the time and place the Secretary of the Treasury prescribes. The report shall contain the following information to the extent the Secretary prescribes: (1) the legal capacity in which the person filing the report is acting. (2) the origin, destination, and route of the monetary instruments. (3) when the monetary instruments are not legally and beneficially owned by the person transporting the instruments, or if the person transporting the instruments personally is not going to use them, the identity of the person that gave the instruments to the person transporting them, the identity of the person who is to receive them, or both. (4) the amount and kind of monetary instruments transported. (5) additional information. **(c)** This section or a regulation under this section does not apply to a common carrier of passengers when a passenger possesses a monetary instrument, or to a common carrier of goods if the shipper does not declare the instrument. **(d) Cumulation of Closely Related Events.—** The Secretary of the Treasury may prescribe regulations under thi

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Source location: Title 31, Chapter 53, § 5316; chapter-053-monetary-transactions.md

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1583 — Examination of outbound mail

**(a) Examination** (1) **In general** — For purposes of ensuring compliance with the Customs laws of the United States and other laws enforced by the Customs Service, including the provisions of law described in paragraph (2), a Customs officer may, subject to the provisions of this section, stop and search at the border, without a search warrant, mail of domestic origin transmitted for export by the United States Postal Service and foreign mail transiting the United States that is being imported or exported by the United States Postal Service. (2) **Provisions of law described** — The provisions of law described in this paragraph are the following: (A) [Section 5316 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section5316&num=0&edition=prelim) (relating to reports on exporting and importing monetary instruments). (B) Sections 1461, 1463, 1465, and 1466, and chapter 110 of title 18 (relating to obscenity and child pornography). (C) [Section 953 of title 21](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section953&num=0&edition=prelim) (relating to exportation of controlled substances). (D) The Export Administration Act of 1979 (50 U.S.C. App. 2401 et seq.).11 See References in Text note below. (E) [Section 2778 of title 22](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2778&num=0&edition=prelim). (F) The International Emergency Economic Powers Act ([50 U.S.C. 1701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1701&num=0&edition=prelim) et seq.). **(b) Search of mail not sealed against inspection and other mail** Mail not sealed against inspection under the postal laws and regulations of the United States, mail which bears a Custo

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1654 — Short title

This chapter may be cited as the “Tariff Act of 1930.”

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 801 — Congressional findings and declarations: controlled substances

The Congress makes the following findings and declarations: (1) Many of the drugs included within this subchapter have a useful and legitimate medical purpose and are necessary to maintain the health and general welfare of the American people. (2) The illegal importation, manufacture, distribution, and possession and improper use of controlled substances have a substantial and detrimental effect on the health and general welfare of the American people. (3) A major portion of the traffic in controlled substances flows through interstate and foreign commerce. Incidents of the traffic which are not an integral part of the interstate or foreign flow, such as manufacture, local distribution, and possession, nonetheless have a substantial and direct effect upon interstate commerce because— (A) after manufacture, many controlled substances are transported in interstate commerce, (B) controlled substances distributed locally usually have been transported in interstate commerce immediately before their distribution, and (C) controlled substances possessed commonly flow through interstate commerce immediately prior to such possession. (4) Local distribution and possession of controlled substances contribute to swelling the interstate traffic in such substances. (5) Controlled substances manufactured and distributed intrastate cannot be differentiated from controlled substances manufactured and distributed interstate. Thus, it is not feasible to distinguish, in terms of controls, between controlled substances manufactured and distributed interstate and controlled substances manufactured and distributed intrastate. (6) Federal control of the intrastate incidents of the traffic in controlled substances is essential to the effective control of the interstate incidents

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 5311 — Declaration of purpose

It is the purpose of this subchapter (except section 5315) to— (1) require certain reports or records that are highly useful in— (A) criminal, tax, or regulatory investigations, risk assessments, or proceedings; or (B) intelligence or counterintelligence activities, including analysis, to protect against terrorism; (2) prevent the laundering of money and the financing of terrorism through the establishment by financial institutions of reasonably designed risk-based programs to combat money laundering and the financing of terrorism; (3) facilitate the tracking of money that has been sourced through criminal activity or is intended to promote criminal or terrorist activity; (4) assess the money laundering, terrorism finance, tax evasion, and fraud risks to financial institutions, products, or services to— (A) protect the financial system of the United States from criminal abuse; and (B) safeguard the national security of the United States; and (5) establish appropriate frameworks for information sharing among financial institutions, their agents and service providers, their regulatory authorities, associations of financial institutions, the Department of the Treasury, and law enforcement authorities to identify, stop, and apprehend money launderers and those who finance terrorists.

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 5317 — Search and forfeiture of monetary instruments

**(a)** The Secretary of the Treasury may apply to a court of competent jurisdiction for a search warrant when the Secretary reasonably believes a monetary instrument is being transported and a report on the instrument under [section 5316 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section5316&num=0&edition=prelim) has not been filed or contains a material omission or misstatement. The Secretary shall include a statement of information in support of the warrant. On a showing of probable cause, the court may issue a search warrant for a designated person or a designated or described place or physical object. This subsection does not affect the authority of the Secretary under another law. **(b) Searches at Border.—** For purposes of ensuring compliance with the requirements of section 5316, a customs officer may stop and search, at the border and without a search warrant, any vehicle, vessel, aircraft, or other conveyance, any envelope or other container, and any person entering or departing from the United States. **(c) Forfeiture.—** (1) **Criminal forfeiture.—** (A) *In general.—* — The court in imposing sentence for any violation of section 5313, 5316, or 5324 of this title, or any conspiracy to commit such violation, shall order the defendant to forfeit all property, real or personal, involved in the offense and any property traceable thereto. (B) *Procedure.—* — Forfeitures under this paragraph shall be governed by the procedures established in section 413 of the Controlled Substances Act. (2) **Civil forfeiture.—** (A) *In general.—* — Any property involved in a violation of section 5313, 5316, or 5324 of this title, or any conspiracy to commit any such violation, and any property traceable to any such violation

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 5321 — Civil penalties

**(a)** (1) A domestic financial institution or nonfinancial trade or business, and a partner, director, officer, or employee of a domestic financial institution or nonfinancial trade or business, willfully violating this subchapter or a regulation prescribed or order issued under this subchapter (except sections 5314, 5315, and 5336 of this title or a regulation prescribed under sections 5314, 5315, and 5336), or willfully violating a regulation prescribed under section 21 of the Federal Deposit Insurance Act or section 123 of Public Law 91–508, is liable to the United States Government for a civil penalty of not more than the greater of the amount (not to exceed $100,000) involved in the transaction (if any) or $25,000. For a violation of [section 5318(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section5318/a/2&num=0&edition=prelim) or a regulation prescribed under section 5318(a)(2), a separate violation occurs for each day the violation continues and at each office, branch, or place of business at which a violation occurs or continues. (2) The Secretary of the Treasury may impose an additional civil penalty on a person not filing a report, or filing a report containing a material omission or misstatement, under [section 5316 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section5316&num=0&edition=prelim) or a regulation prescribed under section 5316. A civil penalty under this paragraph may not be more than the amount of the monetary instrument for which the report was required. A civil penalty under this paragraph is reduced by an amount forfeited under [section 5317(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section5317/b&num=0&edition=p

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 5316 — Reports on exporting and importing mon-

Page 450 TITLE 31—MONEY AND FINANCE § 5315 1 See References in Text note below. (2) a foreign country to which a requirement or a regulation under this section applies if the Secretary decides applying the require- ment or regulation to all foreign countries is unnecessary or undesirable; (3) the magnitude of transactions subject to a requirement or a regulation under this sec- tion; (4) the kind of transaction subject to or ex- empt from a requirement or a regulation under this section; and (5) other matters the Secretary considers necessary to carry out this section or a regula- tion under this section. (c) A person shall be required to disclose a record required to be kept under this section or under a regulation under this section only as re- quired by law. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 997.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 5314(a) ..... 31:1121(a). Oct. 26, 1970, Pub. L. 91–508, §§ 241, 242, 84 Stat. 1124. 5314(b) ..... 31:1122. 5314(c) ..... 31:1121(b). In subsection (a), before clause (1), the words ‘‘cur- rency or other’’, ‘‘legitimately’’, ‘‘by regulation’’, and ‘‘directly or indirectly’’ are omitted as surplus. The words ‘‘for any person’’ are substituted for ‘‘on behalf of himself or another’’ to eliminate unnecessary words. The words ‘‘and to the extent’’ are substituted for ‘‘and in such detail’’ for clarity. In clauses (1) and (2), the words ‘‘participants’’ and ‘‘participant’’ are substituted for ‘‘parties’’ for consistency. In clause (2), the words ‘‘to the transaction or relationship’’ are omitted as sur- plus. In clause (3), the words ‘‘if one or more of the par- ties are not acting solely as principals’’ are omitted as surplus. In clause (4), the wor

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