
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-56 Section 365(b)(2)(B)]
[Document affected by Public Law 107-56 Section 372(a)]
[CITE: 31USC5317]

 
                       TITLE 31--MONEY AND FINANCE
 
                           SUBTITLE IV--MONEY
 
                    CHAPTER 53--MONETARY TRANSACTIONS
 
 SUBCHAPTER II--RECORDS AND REPORTS ON MONETARY INSTRUMENTS TRANSACTIONS
 
Sec. 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) If a report required under section 5316 with respect to any 
monetary instrument is not filed (or if filed, contains a material 
omission or misstatement of fact), the instrument and any interest in 
property, including a deposit in a financial institution, traceable to 
such instrument may be seized and forfeited to the United States 
Government. Any property, real or personal, involved in a transaction or 
attempted transaction in violation of section 5324(b), or any property 
traceable to such property, may be seized and forfeited to the United 
States Government. A monetary instrument transported by mail or a common 
carrier, messenger, or bailee is being transported under this subsection 
from the time the instrument is delivered to the United States Postal 
Service, common carrier, messenger, or bailee through the time it is 
delivered to the addressee, intended recipient, or agent of the 
addressee or intended recipient without being transported further in, or 
taken out of, the United States.

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 998; Pub. L. 98-473, title II, 
Sec. 901(d), Oct. 12, 1984, 98 Stat. 2135; Pub. L. 99-570, title I, 
Sec. 1355, Oct. 27, 1986, 100 Stat. 3207-22; Pub. L. 102-550, title XV, 
Sec. 1525(c)(2), Oct. 28, 1992, 106 Stat. 4065.)

                                          Historical and Revision Notes
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           Revised Section                   Source (U.S. Code)                
Source (Statutes at Large)
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5317(a)..............................  31:1105.                        Oct. 26,
 1970, Pub. L. 91-508, Secs.
                                                                        232, 23
5, 84 Stat. 1123.
5317(b)..............................  31:1102.
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---------------------------------

    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 States Postal Service'' are 
substituted for ``postal service'' for consistency with title 39. The 
words ``or retained in'' are omitted as surplus.


                               Amendments

    1992--Subsec. (c). Pub. L. 102-550 inserted after first sentence 
``Any property, real or personal, involved in a transaction or attempted 
transaction in violation of section 5324(b), or any property traceable 
to such property, may be seized and forfeited to the United States 
Government.''
    1986--Subsec. (b). Pub. L. 99-570, Sec. 1355(a), amended subsec. (b) 
generally. Prior to amendment, subsec. (b) read as follows: ``A customs 
officer may stop and search, without a search warrant, a vehicle, 
vessel, aircraft, or other conveyance, envelope or other container, or 
person entering or departing from the United States with respect to 
which or whom the officer has reasonable cause to believe there is a 
monetary instrument being transported in violation of section 5316 of 
this title.''
    Subsec. (c). Pub. L. 99-570, Sec. 1355(b), amended first sentence 
generally. Prior to amendment, first sentence read as follows: ``A 
monetary instrument being transported may be seized and forfeited to the 
United States Government when a report on the instrument under section 
5316 of this title has not been filed or contains a material omission or 
misstatement.''
    1984--Subsecs. (b), (c). Pub. L. 98-473, Sec. 901, added subsec. (b) 
and redesignated former subsec. (b) as (c).


                    Effective Date of 1986 Amendment

    Section 1364(b) of Pub. L. 99-570 provided that: ``The amendments 
made by sections 1355(b) and 1357(a) [amending this section and section 
5321 of this title] shall apply with respect to violations committed 
after the end of the 3-month period beginning on the date of the 
enactment of this Act [Oct. 27, 1986].''

                  Section Referred to in Other Sections

    This section is referred to in section 5321 of this title.
