31 U.S.C. § 5316

Reports on exporting and importing monetary instruments

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(a) 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—(1) transports, is about to transport, or has transported, monetary instruments of more than $10,000 at one time—(A) from a place in the United States to or through a place outside the United States; or(B) to a place in the United States from or through a place outside the United States; or(2) 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.(b) 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:(1) the legal capacity in which the person filing the report is acting.(2) the origin, destination, and route of the monetary instruments.(3) 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.(4) the amount and kind of monetary instruments transported.(5) additional information.(c) 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.(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).(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 998; Pub. L. 98–473, title II, § 901(c), Oct. 12, 1984, 98 Stat. 2135; Pub. L. 99–570, title I, § 1358, title III, § 3153, Oct. 27, 1986, 100 Stat. 3207–26, 3207–94.)

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 NotesAmendments

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 SubsidiariesEffective Date of Regulations Prescribed Under 1986 Amendment

Pub. L. 99–570, title I, § 1364(d), Oct. 27, 1986, 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.”

Notes of Decisions

Cited in 363 cases (15 in the last 5 years), 1983–2026 · leading case: United States v. Bajakajian, 524 U.S. 321 (1998).

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United States v. Bajakajian, 524 U.S. 321 (1998). · cites it 8× “Count One charged him with failing to report, as required by 31 U. S. C. § 5316 (a)(1)(A), [1] that he was transporting more than $10,000 outside the United States, and with doing so "willfully," in violation of § 5322(a).”

United States v. Seljan, 547 F.3d 993 (9th Cir. 2008). · cites it 8× “The operation was aimed at detecting violations of 31 U.S.C. § 5316 , which prohibits export or import of undeclared currency or other monetary instruments worth more than $10,000.”

United States v. Hosep Krikor Bajakajian, Aka: Joe Bajakajian, 84 F.3d 334 (9th Cir. 1996). · cites it 11× “FERGUSON, Circuit Judge: The United States appeals the decision of the district court following the defendant’s guilty plea to failure to report currency in violation of 31 U.S.C. § 5316 (a)(1)(A). 1 Specifically, the United States appeals the district court’s determination that…”

United States v. Noel Ibarra-Alcarez & Jose Adeodato Ibarra-Alcarez, 830 F.2d 968 (9th Cir. 1987). · cites it 8× “§ 2 (1982), and for transporting United States currency in excess of $10,000 from the United States into Canada without filing a report in violation of 31 U.S.C. §§ 5316 (a) (1982 & Supp. Ill 1985) and 5322(a) (Supp.”

People v. Kopp, 250 Cal. Rptr. 3d 852 (Cal. Ct. App. 5th 2019). “The high court pointed out that "[t]he touchstone of the constitutional inquiry under the Excessive Fines Clause is the principle of proportionality.”

United States v. Jose, 499 F.3d 105 (1st Cir. 2007). · cites it 5× “See 31 U.S.C. § 5316 (a)(1)(A). Jose declared verbally and in writing that he was in possession of $1,400.”

Ratzlaf v. United States, 510 U.S. 135 (1994). · cites it 2× “In 1992, Congress enacted the Annunzio-Wylie Anti-Money Laundering Act, creating a parallel antistructuring provision for the reporting requirements under 31 U. S. C. § 5316 , which governs international monetary transportation.”

United States v. $100,348.00 U.S. Currency, 157 F. Supp. 2d 1110 (C.D. Cal. 2001). · cites it 11× “Claimant was charged with attempting to transport over $10,000 in United States currency out of the United States without reporting it, 31 U.S.C. § 5316 , and making false statements to a federal officer, 18 U.”

United States v. Gjon Berisha, 925 F.2d 791 (5th Cir. 1991). · cites it 6× “KING, Circuit Judge: Defendant-appellant Gjon Berisha (Beri-sha) appeals from his conviction for failure to file a currency and monetary instrument report, in violation of 31 U.S.C. § 5316 (a), *793 and for making false statements in violation of 18 U.”

United States v. Freitas, 904 F.3d 11 (1st Cir. 2018). · cites it 3× “Freitas briefly raises this issue first by saying that the reporting-offense statute ( 31 U.S.C. § 5316 , which is cross-referenced in the bulk-cash-smuggling act) "imposes the reporting requirement" only "on a singular person who is prohibited from transporting currency to a…”

United States v. Steven Max Safirstein, 827 F.2d 1380 (1st Cir. 1987). · cites it 4× “§ 1001 , and for willful failure to report the attempted transportation of more than $10,000 in monetary instruments outside the United States in violation of 31 U.S.C. § 5316 (a)(1)(A). We have jurisdiction under 28 U.”

United States v. Forty-Five Thousand Nine Hundred Forty Dollars ($45,940) in United States Currency (Terry C. McKay Claimant), 739 F.2d 792 (2d Cir. 1984). · cites it 5× “At the border station, McKay completed a customs declaration report as required under 31 U.S.C. § 5316 (formerly U.S.C. § 1101).”

Show all 363 citing cases →

— 31 U.S.C. § 5316(a)(1) — 1 case

United States v. Peter Larson (8th Cir. 1997).

— 31 U.S.C. § 5316(a)(1)(A) — 1 case

United States v. Bajakajian, 524 U.S. 321 (1998). “Count One charged him with failing to report, as required by 31 U. S. C. § 5316 (a)(1)(A), [1] that he was transporting more than $10,000 outside the United States, and with doing so "willfully," in violation of § 5322(a).”

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