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CITE

    31 USC Sec. 5316                                            01/05/2009

EXPCITE

    TITLE 31 - MONEY AND FINANCE
    SUBTITLE IV - MONEY
    CHAPTER 53 - MONETARY TRANSACTIONS
    SUBCHAPTER II - RECORDS AND REPORTS ON MONETARY INSTRUMENTS
                     TRANSACTIONS

HEAD

    Sec. 5316. Reports on exporting and importing monetary instruments

STATUTE

      (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).

SOURCE

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

HISTORICAL AND REVISION NOTES --------------------------------------------------------------------

     Revised      Source (U.S. Code)        Source (Statutes at Large)
     Section
    --------------------------------------------------------------------
    5316(a)      31:1101(a).             Oct. 26, 1970, Pub. L. 91-508,
                                          Sec. 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, Sec. 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, Secs. 1358(c), 3153, made
    identical amendments substituting "$10,000" for "$5,000".
      Subsec. (d). Pub. L. 99-570, Sec. 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."