31 Usc 5316

Page 447

of the Securities and Exchange Act of 1934 (15
U.S.C. 78g(f)(2)(A), (C)).
(c) The Secretary of the Treasury shall prescribe regulations consistent with subsection (a)
of this section requiring reports on foreign currency transactions conducted by a United States
person or a foreign person controlled by a
United States person. The regulations shall require that a report contain information and be
submitted at the time and in the way, with reasonable exceptions and classifications, necessary
to carry out this section.
(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 997.)
HISTORICAL AND REVISION NOTES
Revised
Section

§ 5316

TITLE 31—MONEY AND FINANCE

Source (U.S. Code)

5315(a) .....

31:1141.

5315(b),
(c).

31:1142.

Source (Statutes at Large)
Sept. 21, 1973, Pub. L. 93–110,
§§ 201, 202, 87 Stat. 353.

In subsection (a)(3), the words ‘‘it is desirable to emphasize this objective . . . existing legal’’ are omitted
as unnecessary.
In subsection (c), the words ‘‘(hereafter referred to as
the ‘Secretary’)’’ are omitted because of the restatement. The words ‘‘under the authority of this subchapter and any other authority conferred by law’’ are
omitted as surplus. The word ‘‘prescribe’’ is substituted
for ‘‘supplement’’ for clarity. The words ‘‘the statement of findings under’’ and ‘‘the submission of’’ are
omitted as surplus. The words ‘‘Reports required under
this subchapter shall cover foreign currency transactions’’ are omitted because of the restatement. The
words ‘‘such terms are’’ and ‘‘the policy of’’ are omitted as surplus.
Editorial Notes

(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.
OF
CLOSELY
RELATED
(d)
CUMULATION
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)

REFERENCES IN TEXT

5316(a) .....

31:1101(a).

Section 5(b) of the Trading With the Enemy Act (50
App. U.S.C. 5(b)), referred to in subsec. (a)(3), is section
5(b) of act Oct. 6, 1917, ch. 106, 40 Stat. 415, which was
editorially transferred and is now classified to section
4305(b) of Title 50, War and National Defense.

5316(b) .....
5316(c) .....

31:1101(b).
31:1101(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.

Source (Statutes at Large)
Oct. 26, 1970, Pub. L. 91–508,
§ 231, 84 Stat. 1122.

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.
Editorial Notes
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’’.

§ 5317

TITLE 31—MONEY AND FINANCE

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’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REGULATIONS PRESCRIBED UNDER
1986 AMENDMENT
Pub. L. 99–570, title I, § 1364(d), Oct. 27, 1986, 100 Stat.
3207–34, 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.’’

§ 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 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 or conspiracy, may be
seized and forfeited to the United States in
accordance with the procedures governing
civil forfeitures in money laundering cases
pursuant to section 981(a)(1)(A) of title 18,
United States Code.
(B) INTERNAL REVENUE SERVICE SEIZURE REQUIREMENTS WITH RESPECT TO STRUCTURING
TRANSACTIONS.—
(i) PROPERTY DERIVED FROM AN ILLEGAL
SOURCE.—Property may only be seized by

the Internal Revenue Service pursuant to
subparagraph (A) by reason of a claimed
violation of section 5324 if the property to

Page 448

be seized was derived from an illegal
source or the funds were structured for the
purpose of concealing the violation of a
criminal law or regulation other than section 5324.
(ii) NOTICE.—Not later than 30 days after
property is seized by the Internal Revenue
Service pursuant to subparagraph (A), the
Internal Revenue Service shall—
(I) make a good faith effort to find all
persons with an ownership interest in
such property; and
(II) provide each such person so found
with a notice of the seizure and of the
person’s rights under clause (iv).
(iii) EXTENSION OF NOTICE UNDER CERTAIN
CIRCUMSTANCES.—The
Internal Revenue
Service may apply to a court of competent
jurisdiction for one 30-day extension of the
notice requirement under clause (ii) if the
Internal Revenue Service can establish
probable cause of an imminent threat to
national security or personal safety necessitating such extension.
(iv) POST-SEIZURE HEARING.—If a person
with an ownership interest in property
seized pursuant to subparagraph (A) by the
Internal Revenue Service requests a hearing by a court of competent jurisdiction
within 30 days after the date on which notice is provided under subclause (ii), such
property shall be returned unless the court
holds an adversarial hearing and finds
within 30 days of such request (or such
longer period as the court may provide,
but only on request of an interested party)
that there is probable cause to believe that
there is a violation of section 5324 involving such property and probable cause to
believe that the property to be seized was
derived from an illegal source or the funds
were structured for the purpose of concealing the violation of a criminal law or
regulation other than section 5324.
(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 998; Pub.
L. 98–473, title II, § 901(d), Oct. 12, 1984, 98 Stat.
2135; Pub. L. 99–570, title I, § 1355, Oct. 27, 1986,
100 Stat. 3207–22; Pub. L. 102–550, title XV,
§ 1525(c)(2), Oct. 28, 1992, 106 Stat. 4065; Pub. L.
107–56, title III, §§ 365(b)(2)(B), 372(a), Oct. 26,
2001, 115 Stat. 335, 338; Pub. L. 116–25, title I,
§ 1201, July 1, 2019, 133 Stat. 986.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

5317(a) .....

31:1105.

5317(b) .....

31:1102.

Source (Statutes at Large)
Oct. 26, 1970, Pub. L. 91–508,
§§ 232, 235, 84 Stat. 1123.

In subsection (a), the words ‘‘The Secretary shall include a statement of information in support of the warrant’’ are substituted for 31:1105(a)(last sentence) to
eliminate unnecessary words and for consistency. The
word ‘‘for’’ is substituted for ‘‘authorizing the search of
. . . all of the following’’ to eliminate unnecessary
words. The words ‘‘or more’’ are omitted as unnecessary because the singular includes the plural under 1:1.
The words ‘‘or premises’’, ‘‘letters, parcels, packages,
or other’’, and ‘‘vehicles’’ are omitted as surplus.
In subsection (b), the words ‘‘either’’ and ‘‘the possession of’’ are omitted as surplus. The words ‘‘United