Title 31 — Money and Finance
Chapter 53 — Monetary Transactions
§ 5316. Reports on exporting and importing monetary instruments
Statutory text
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—
transports, is about to transport, or has transported, monetary instruments of more than $10,000 at one time—
from a place in the United States to or through a place outside the United States; or
to a place in the United States from or through a place outside the United States; or
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.
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:
the legal capacity in which the person filing the report is acting.
the origin, destination, and route of the monetary instruments.
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.
the amount and kind of monetary instruments transported.
additional information.
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.
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).
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 97–258 · 96 Stat. 998
Enacted · 31 U.S.C. § 5316
Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 998
Source evidence
Code source credit
Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 998Comprehensive Crime Control Act of 1984
Pub. L. 98–473 title II § 901(c) · 98 Stat. 1837
Inserted · 31 U.S.C. § 5316(a)(1)
Pub. L. 98–473 inserted “, or attempts to transport or have transported,” after “transports or has transported”
Substituted · 31 U.S.C. § 5316(a)(1)
Pub. L. 98–473 substituted “$10,000” for “$5,000”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
(c) Subsection (a) of section 5316 of title 31, United States Code, is amended— (1) by inserting “, or attempts to transport or have transported,” after “transports or has transported” in paragraph (1); and (2) by striking out “more than $5,000” and inserting in lieu thereof “more than $10,000” in paragraph (1).Money Laundering Control Act of 1986
Pub. L. 99–570 § 1358(b) · 100 Stat. 3207
Substituted · 31 U.S.C. § 5316(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”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
(b) Inchoate offense—Section 5316(a)(1) of title 31, United States Code, is amended— (1) by striking out “or attempts to transport or have transported,”, and (2) by inserting “, is about to transport,” after “transports”.Money Laundering Control Act of 1986
Pub. L. 99–570 title I § 1358 · 100 Stat. 3207
Substituted · 31 U.S.C. § 5316(a)(2)
Pub. L. 99–570, §§ 1358(c), 3153, made identical amendments substituting “$10,000” for “$5,000”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 99–570, §§ 1358(c), 3153, made identical amendments substituting “$10,000” for “$5,000”.Enacted provision · exact public law section
SEC. 1358. MONETARY TRANSACTION REPORTING AMENDMENTS. (a) Closely related events.— Section 5316 of title 31, United States Code, is amended by adding at the end the following new subsection: “(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).”. (b) Inchoate offense—Section 5316(a)(1) of title 31, United States Code, is amended— (1) by striking out “or attempts to transport or have transported,”, and (2) by inserting “, is about to transport,” after “transports”. (c) Technical and Conforming Amendment.— Section 5316(a)(2) of title 31, United States Code, is amended by striking out “$5,000” and inserting in lieu thereof “$10,000”.Money Laundering Control Act of 1986
Pub. L. 99–570 § 1358(a) · 100 Stat. 3207
Added · 31 U.S.C. § 5316(d)
Pub. L. 99–570, § 1358(a), added subsec. (d)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 99–570, § 1358(a), added subsec. (d).Enacted provision · exact public law section
(a) Closely related events.— Section 5316 of title 31, United States Code, is amended by adding at the end the following new subsection: “(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).”.
5 of 6 references resolved to an enrolled provision · 1 partial
Notes
historicalAndRevision
| 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.
Editorial Notes
Amendments1984–1986 · 2 rounds
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”.
Statutory Notes and Related Subsidiaries
Effective Date of Regulations Prescribed Under 1986 Amendment
Pub. L. 99–570, title I, § 1364(d), , 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.”
Credits
1982–1986 · 3 acts
- 1982Pub. L. 97–258, , 96 Stat. 998
- 1984Pub. L. 98–473, title II, § 901(c), , 98 Stat. 2135
- 1986Pub. L. 99–570, title I, § 1358, title III, § 3153, , 100 Stat. 3207–26, 3207–94.
Show as published
(Pub. L. 97–258, , 96 Stat. 998; Pub. L. 98–473, title II, § 901(c), , 98 Stat. 2135; Pub. L. 99–570, title I, § 1358, title III, § 3153, , 100 Stat. 3207–26, 3207–94.)