
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 31USC5316]

 
                       TITLE 31--MONEY AND FINANCE
 
                           SUBTITLE IV--MONEY
 
                    CHAPTER 53--MONETARY TRANSACTIONS
 
 SUBCHAPTER II--RECORDS AND REPORTS ON MONETARY INSTRUMENTS TRANSACTIONS
 
Sec. 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, 
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 Section                   Source (U.S. Code)                
Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
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.''

                  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.
