18 1 (b) Any person (other than an institution designated 2 under subsection (a)) required to file a report under this 3 chapter with respect to a transaction with a domestic finan 4 cial institution shall file the report with that institution, ex5 cept that, if the institution is not designated under subsection 6 (a), the report shall be filed as the Secretary shall prescribe. 7 Domestic financial institutions designated under subsection 8 (a) shall transmit reports filed with them, and shall file their 9 own reports, as the Secretary shall prescribe. 10 CHAPTER 3—REPORTS OF EXPORTS AND IMPORTS OF MONETARY INSTRUMENTS 11 Sec. 231. Reports required. 232. Forfeiture. 233. Civil liability. 234. Remission by the Secretary. 12 Sec. 231. Reports required 13 (a) Except as provided in subsection (c) of this sec 14 tion, whoever, whether as principal, agent, or bailee, or by an agent or bailee, knowingly (1) transports or causes to be transported monetary instruments (A) from any place within the United States to or through any place outside the United States, or (B) to any place within the United States from or through any place outside the United States, or 1 2 3 19 (2) receives monetary instruments at the termina tion of their transportation to the United States from or through any place outside the United States 4 in an amount exceeding $5,000 on any one occasion or in 5 an aggregate amount exceeding $10,000 in any one calen6 dar year shall file a report or reports in accordance with 7 subsection (b) of this section. 8 (b) Reports required under this section shall be filed at 9 such times and places, and contain such of the following in10 formation, in such form and in such detail, as the Secretary may require: 11 (1) The legal capacity in which the person filing the report is acting with respect to the monetary instru ments transported. (2) The origin, destination, and route of the transportation. (3) Where the monetary instruments are not legally and beneficially owned by the person transporting the same, or is transported for any purpose other than the use in his own behalf of the person transporting the same, the identities of the person from whom the mone tary instruments are received, or to whom they are to be delivered, or both. (4) The amounts and types of monetary instruments transported. 20 1 (c) Subsection (a) does not apply to any common 2 carrier of passengers in respect of monetary instruments in 3 the possession of its passengers, nor to any common carrier 4 of goods in respect of shipments of monetary instruments 5 6 7 8 9 10 11 12 13 14 not declared to be such by the shipper. Sec. 232. Forfeiture (a) Any monetary instruments which are in the process of any transportation with respect to which any report re quired to be filed under section 231 (1) either has not been filed or contains material omissions or misstatements are sub ject to seizure and forfeiture to the United States. (b) For the purpose of this section, monetary instruments transported by mail, by any common carrier, or by any messenger or bailee, are in process of transportation from 15 the time they are delivered into the possession of the postal 16 17 18 19 20 21 22 23 service, common carrier, messenger, or bailee until the time they are delivered into or retained in the possession of the addressee or intended recipient or any agent of the addressee or intended recipient for purposes other than further trans portation within, or across any border of, the United States. Sec. 233. Civil liability The Secretary may assess a civil penalty upon any person who fails to file any report required under section 231, or who 24 files such a report containing any material omission or mis 25 statement. The amount of the penalty shall not exceed the 21 1 amount of the monetary instruments with respect to whose 2 transportation the report was required to be filed. The liabili3 ties imposed by this chapter are in addition to any other 4 liabilities, civil or criminal, except that the liability under 5 this section shall be reduced by any amount actually forfeited 6 under section 232. 7 Sec. 234. Remission by the Secretary 8 The Secretary may in his discretion remit any forfeiture 9 or penalty under this chapter in whole or in part upon such 10 terms and conditions as he deems reasonable and just. 11 Sec. CHAPTER 4.-FOREIGN TRANSACTIONS 241. Records and reports required. 242. Classification and requirements. 12 Sec. 241. Records and reports required 13 The Secretary of the Treasury shall by regulation re14 quire any resident or citizen of the United States, or person 15 in the United States and doing business therein, who engages 16 in any transaction or maintains any relationship, directly or 17 indirectly, on behalf of himself or another, with a foreign 18 financial agency to maintain records or to file reports, or 19 both, setting forth such of the following information, in such 20 form and in such detail, as the Secretary may require: 21 22 23 (1) The identities and addresses of the parties to the transaction or relationship. (2) The legal capacities in which the parties to 22 the transaction or relationship are acting, and the identi ties of the real parties in interest if one or more of the parties are not acting solely as principals. (3) A description of the transaction or relationship including the amounts of money, credit, or other property involved. Sec. 242. Classification and requirements With respect to any requirement imposed under this chapter, the Secretary may prescribe (1) any reasonable classification of persons subject thereto or exempt therefrom. (2) the foreign country or countries as to which any requirement applies or does not apply if, in the judgment of the Secretary, uniform applicability of any such requirement to all foreign countries is unnecessary or undesirable. (3) the form, frequency, and manner of filing of any required reports. (4) types of transactions or relationships subject to or exempt from any such requirement. (5) the magnitude of any transactions, or of values involved in any relationship, subject to any such requirement. (6) such other matters as he may deem necessary to the application of this chapter. |