1 Sec. 126. Criminal penalty 2 Whoever willfully violates any regulation under this 3 chapter shall be fined not more than $1,000 or imprisoned not 4 more than one year, or both. 6 5 Sec. 127. Additional criminal penalty in certain cases Whoever willfully violates any regulation under this 7 chapter, section 21 of the Federal Deposit Insurance Act, 8 or section 411 of the National Housing Act, where the viola9 tion is knowingly committed in furtherance of the commis10 sion of any violation of Federal law punishable by imprison11 ment for more than one year shall be fined not more than 12 $10,000 or imprisoned not more than five years, or both. 13 TITLE II-REPORTS OF CURRENCY AND 14 FOREIGN TRANSACTIONS 15 Chapter 1. GENERAL PROVISIONS__. 2. DOMESTIC CURRENCY TRANSACTIONS_. Sec. 201 221 3. REPORTS OF EXPORTS AND IMPORTS OF MONETARY INSTRUMENTS_____ 231 4. FOREIGN TRANSACTIONS_. 241 1 Sec. 201. Short title 9 2 This title may be cited as the Currency and Foreign 3 Transactions Reporting Act. 4 Sec. 202. Purposes 5 The purposes of this title are (1) to facilitate the super 6 vision of financial institutions properly subject to Federal 7 8 supervision, (2) to aid duly constituted authorities in lawful investigations, and (3) to provide for the collection of sta9 tistics necessary for the formulation of monetary and economic 10 policy. 11 Sec. 203. Definitions and rules of construction 23 (a) The definitions and rules of construction set forth 13 in this section apply for the purposes of this title. 14 (b) The term "Secretary" means the Secretary of the 15 Treasury. 16 (c) The term "person" includes natural persons, part17 nerships, trusts, estates, associations, corporations, and all 18 entities cognizable as legal personalities. The term also in19 cludes any governmental department or agency specified by 20 the Secretary either for the purpose of this title generally or any particular requirement thereunder. 21 22 23 (d) The term "United States", used in a geographical sense, includes the States and the District of Columbia, and 10 1 to the extent the Secretary shall by regulation specify, either 2 for the purposes of this title generally or any particular re3 quirement thereunder, the Commonwealth of Puerto Rico, 4 the possessions of the United States, United States military 5 establishments, and United States diplomatic establishments. 6 (e) The term "financial institution" means any person 7 which does business in any one or more of the following 8 capacities: (1) an insured bank as defined in section 3 of the Federal Deposit Insurance Act. (2) a commercial bank or trust company. (3) a private banker. (4) a branch within the United States of any foreign bank. (5) an insured institution as defined in section 401 of the National Housing Act. (6) a savings bank, building and loan association, credit union, or other thrift institution. (7) a broker or dealer registered with the Securities and Exchange Commission under the Securities Exchange Act of 1934. (8) a broker or dealer in securities or commodities. (9) an investment banker. (10) a currency exchange. 7 8 9 10 11 11 (11) an issuer, redeemer, or casher of travelers' checks, checks, money orders, or similar instruments. (12) an operator of a credit card system. (13) an insurance company. (14) a dealer in precious metals, stones, or jewels. (15) a pawnbroker. (16) a finance or loan company. (17) any other type of business or institution performing similar, related, or substitute functions specified by the Secretary by regulation for the purposes of the provision of this title to which the regulation relates. (f) The term "financial agency" means any person 13 which acts in the capacity of a financial institution or in the 14 capacity of a bailee, depository, trustee, agent, or in any 12 15 other similar capacity with respect to money, credit, securi16 ties, or gold, or transactions therein, on behalf of any person 17 other than a government, a monetary or financial authority 18 when acting as such, or an international financial institution 19 * 2 2 2 20 21 of which the United States is a member. (g) The term "domestic", used with reference to institu tions or agencies, limits the applicability of the provision wherein it appears to such institutions or agencies to the ex tent that they perform any functions as such within the United 24 States. 12 1 (h) The term "foreign", used with reference to institu2 tions or agencies, limits the applicability of the provision 3 wherein it appears to such institutions or agencies to the extent that they perform any functions as such outside the 5 United States. 6 (i) References to this title or any provision thereof 7 include regulations issued under this title or the provision 8 thereof in question. 9 (j) All reports required under this title and all records 10 of any such reports are specifically exempted from disclosure 11 under section 552 of title 5, United States Code. 12 (k) For the purposes of section 1001 of title 18, United 13 States Code, the contents of reports required under any pro14 vision of this title are statements and representations in mat15 ters within the jurisdiction of an agency of the United 16 States. 17 18 888 (m) The term "monetary instruments" means coin and currency of the United States, and in addition, such foreign 19 coin and currencies, and such types of checks, bills, notes, 20 bonds, stock transferable by delivery, or other obligations or 21 instruments as the Secretary may by regulation specify for 22 the purposes of the provision of this title to which the regula23 tion relates. |