§ 5317. Search and forfeiture of monetary instruments

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.

1. 1982

   Pub. L. 97–258 · 96 Stat. 998

   Enacted · 31 U.S.C. § 5317

   Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 998

   Source evidence

   Code source credit
   Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 998

2. 1984

   Comprehensive Crime Control Act of 1984

   Pub. L. 98–473 § 901 · 98 Stat. 1837

   1. Added · 31 U.S.C. § 5317(b); 31 U.S.C. § 5317(c)

      Pub. L. 98–473, § 901, added subsec. (b)

   2. Redesignated · 31 U.S.C. § 5317(b); 31 U.S.C. § 5317(c)

      Pub. L. 98–473, § 901, redesignated former subsec. (b) as (c)

   Source evidence

   Code amendment note
   Subsecs. (b), (c). Pub. L. 98–473, § 901, added subsec. (b) and redesignated former subsec. (b) as (c).

   Enacted provision · exact public law section
   Sec. 901. (a) Section 5321(a)(1) of title 31, United States Code, is Crimes and misdemeanors. Penalties. amended by striking out “a civil penalty of not more than $1,000” and inserting in lieu thereof “a civil penalty of not more than $10,000”. (b) Subsection (a) of section 5322 of title 31, United States Code, is amended by striking out “$1,000, or imprisonment not more than one year, or both” and inserting in lieu thereof “$250,000, or imprisonment not more than five years, or both”. (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). (d) Section 5317 of title 31, United States Code, is amended— (1) by redesignating subsection (b) as subsection (c); and (2) by inserting the following new subsection after subsection (a): “(b) 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.”. 31 USC 5316. (e) Chapter 53 of title 31 of the United States Code is amended by adding a new section 5323 at the end thereof as follows: “§ 5323. Rewards for informants “(a) The Secretary may pay a reward to an individual who provides original information which leads to a recovery of a criminal fine, civil penalty, or forfeiture, which exceeds $50,000, for a violation of this chapter. “(b) The Secretary shall determine the amount of a reward under this section. The Secretary may not award more than 25 per centum of the net amount of the fine, penalty, or forfeiture collected or $150,000, whichever is less. “(c) An officer or employee of the United States, a State, or a local government who provides information described in subsection la) in the performance of official duties is not eligible for a reward under this section. “(d) There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this section.”. (f) The table of contents of chapter 53 of title 31 is amended by adding the following new item after the item relating to section 5322: “5323. Rewards for informants.”. (g) Section 1961(1) of title 18, United States Code, is amended— (1) by striking out “or” after “(relating to embezzlement from union funds),”; and (2) by inserting before the semicolon at the end thereof the following: “, or (E) any act which is indictable under the Currency 31 USC 321, 5311–5314, 5316–5322. Crimes and misdemeanors. Penalties. and Foreign Transactions Reporting Act”.

3. 1986

   Money Laundering Control Act of 1986

   Pub. L. 99–570 § 1355(a) · 100 Stat. 3207

   Amended · 31 U.S.C. § 5317(b)

   Pub. L. 99–570, § 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.”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 99–570, § 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.”

   Enacted provision · exact public law section
   (a) Customs Authority to Conduct Searches at Border.— Section 5317(b) of title 31, United States Code, is amended to read as follows: “(b) Searches at Border.— For purposes of ensuring compliance with the requirements of section 5316, a customs officer may stop 31 USC 5316. 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.”.

   Effective date note
   Pub. L. 99–570, title I, § 1364(b), Oct. 27, 1986, 100 Stat. 3207–34, 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].”

4. 1986

   Money Laundering Control Act of 1986

   Pub. L. 99–570 § 1355(b) · 100 Stat. 3207

   Amended · 31 U.S.C. § 5317(c)

   Pub. L. 99–570, § 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.”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 99–570, § 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.”

   Enacted provision · exact public law section
   (b) Failure to Report Export or Import of Monetary Instrument.— The first sentence of section 5317(c) of title 31, United States Code (relating to seizure and forfeiture of monetary instruments in foreign commerce) is amended to read as follows: “If a 31 USC 5316. 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.”.

   Effective date note
   Pub. L. 99–570, title I, § 1364(b), Oct. 27, 1986, 100 Stat. 3207–34, 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].”

5. 1992

   AnnunzioWylie Anti-Money Laundering Act

   Pub. L. 102–550 title XV § 1525(c)(2) · 106 Stat. 3672

   Inserted · 31 U.S.C. § 5317(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.”

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   (2) Title 31.— Section 5317(c) of title 31, United States Code, is amended by inserting after the 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”,

6. 2001

   International Money Laundering Abatement and Financial Anti-Terrorism Act of 2001

   Pub. L. 107–56 § 372(a) · 115 Stat. 272

   1. Inserted · 31 U.S.C. § 5317(c)

      Pub. L. 107–56, § 372(a), inserted heading

   2. Amended · 31 U.S.C. § 5317(c)

      Pub. L. 107–56, § 372(a), amended text of subsec. (c) generally. Prior to amendment, text read as follows: “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(c), 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.”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 107–56, § 372(a), inserted heading and amended text of subsec. (c) generally. Prior to amendment, text read as follows: “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(c), 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.”

   Enacted provision · exact public law section
   (a) In General.— Subsection (c) of section 5317 of title 31, United States Code, is amended to read as follows: “(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.— 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.”.

7. 2001

   International Money Laundering Abatement and Financial Anti-Terrorism Act of 2001

   Pub. L. 107–56 § 365(b)(2)(B) · 115 Stat. 272

   Substituted · 31 U.S.C. § 5317(c)

   Pub. L. 107–56, § 365(b)(2)(B), substituted “section 5324(c)” for “section 5324(b)”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 107–56, § 365(b)(2)(B), substituted “section 5324(c)” for “section 5324(b)”.

   Enacted provision · exact public law section
   (B) Section 5317(c) of title 31, United States Code, is amended by striking “5324(b)” and inserting “5324(c)”.

8. 2019

   Taxpayer First Act

   Pub. L. 116–25 title I § 1201 · 133 Stat. 981

   1. Amended · 31 U.S.C. § 5317(c)(2)

      Pub. L. 116–25 designated existing provisions as subpar. (A)

   2. Inserted · 31 U.S.C. § 5317(c)(2)

      Pub. L. 116–25 inserted heading

   3. Added · 31 U.S.C. § 5317(c)(2)

      Pub. L. 116–25 added subpar. (B)

   Source evidence

   Code amendment note
   Subsec. (c)(2). Pub. L. 116–25 designated existing provisions as subpar. (A), inserted heading, and added subpar. (B).

   Enacted provision · exact public law section
   SEC. 1201. INTERNAL REVENUE SERVICE SEIZURE REQUIREMENTS WITH RESPECT TO STRUCTURING TRANSACTIONS.   Section 5317(c)(2) of title 31, United States Code, is amended— (1) by striking “Any property” and inserting the following: “(A) In general.— Any property” ; and (2) by adding at the end the following: “(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 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.” .

11 of 12 references resolved to an enrolled provision · 1 partial