U.S. Code, Title 31, Money and Finance

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Author: "U.S. Congress, Office of the Law Revision Counsel"

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§ 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 this section defining the term "at one time" for purposes of subsection (a). Such regulations may permit the cumulation of closely related events in order that such events may collectively be considered to occur at one time for the purposes of subsection (a).

(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 998; Pub. L. 98–473, title II, § 901(c), Oct. 12, 1984, 98 Stat. 2135; Pub. L. 99–570, title I, § 1358, title III, § 3153, Oct. 27, 1986, 100 Stat. 3207–26, 3207–94.)

Historical and Revision Notes

Revised Section

Source (U.S. Code)

Source (Statutes at Large)

5316(a)     31:1101(a).     Oct. 26, 1970, Pub. L. 91–508, § 231, 84 Stat. 1122.

5316(b)     31:1101(b).

5316(c)     31:1101(c).

     In subsection (a), before clause (1), the words "a person or an agent or bailee of the person shall" are substituted for "whoever, whether as principal, agent, or bailee, or by an agent or bailee" for consistency. The words "or reports" are omitted as unnecessary because of 1:1. In clause (2), the words "transported into the United States" are substituted for "at the termination of their transportation to the United States" for consistency and to eliminate unnecessary words.

     In subsection (b), before clause (1), the word "required" is omitted as surplus. The word "prescribes" is substituted for "require" for consistency in the revised title and with other titles of the United States Code. The words "to the extent" are substituted for "in such detail" for clarity. In clause (1), the words "with respect to the monetary instruments transported" are omitted as surplus. In clause (3), the words "or if the person transporting the instruments personally is not going to use them" are substituted for "or are transported for any purpose other than the use in his own behalf of the person transporting the same" for clarity.

     In subsection (c), the words "or a regulation under this section" are added because of the restatement.

Amendments

     1986—Subsec. (a)(1). Pub. L. 99–570, § 1358(b), substituted "transports, is about to transport, or has transported" for "transports or has transported, or attempts to transport or have transported".

     Subsec. (a)(2). Pub. L. 99–570, §§ 1358(c), 3153, made identical amendments substituting "$10,000" for "$5,000".

     Subsec. (d). Pub. L. 99–570, § 1358(a), added subsec. (d).

     1984—Subsec. (a)(1). Pub. L. 98–473 inserted ", or attempts to transport or have transported," after "transports or has transported" and substituted "$10,000" for "$5,000".

Effective Date of Regulations Prescribed Under 1986 Amendment

     Section 1364(d) of Pub. L. 99–570 provided that: "Any regulation prescribed under the amendments made by section 1358 [amending this section] shall apply with respect to transactions completed after the effective date of such regulation."

Section Referred to in Other Sections

     This section is referred to in sections 5312, 5317, 5319, 5321, 5324 of this title; title 12 section 3420; title 18 section 982.

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Chicago: "U.S. Congress, Office of the Law Revision Counsel", "§ 5316. Reports on Exporting and Importing Monetary Instruments," U.S. Code, Title 31, Money and Finance in U.S. Code, Title 31, Money and Finance (Washington, D.C.: Government Printing Office, 2002), Original Sources, accessed August 17, 2022, http://www.originalsources.com/Document.aspx?DocID=4TJFVZVU9HFE7WZ.

MLA: "U.S. Congress, Office of the Law Revision Counsel". "§ 5316. Reports on Exporting and Importing Monetary Instruments." U.S. Code, Title 31, Money and Finance, in U.S. Code, Title 31, Money and Finance, Washington, D.C., Government Printing Office, 2002, Original Sources. 17 Aug. 2022. http://www.originalsources.com/Document.aspx?DocID=4TJFVZVU9HFE7WZ.

Harvard: "U.S. Congress, Office of the Law Revision Counsel", '§ 5316. Reports on Exporting and Importing Monetary Instruments' in U.S. Code, Title 31, Money and Finance. cited in 2002, U.S. Code, Title 31, Money and Finance, Government Printing Office, Washington, D.C.. Original Sources, retrieved 17 August 2022, from http://www.originalsources.com/Document.aspx?DocID=4TJFVZVU9HFE7WZ.