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GENERAL INSTRUCTIONS association organized under the laws of any State or of the United States; (4) an
This report is required by 31 U.S.C. 5316 and Treasury Department regulations insured institution as defined in section 401 of the National Housing Act; (5) a
(31 CFR Chapter X). savings bank, industrial bank or other thrift institution; (6) a credit union organized
under the laws of any State or of the United States; (7) any other organization
WHO MUST FILE: chartered under the banking laws of any State and subject to the supervision of the
(1) Each person who physically transports, mails, or ships, or causes to be bank supervisory authorities of a State other than a money service business; (8) a
physically transported, mailed, or shipped currency or other monetary instruments bank organized under foreign law; and (9) any national banking association or
in an aggregate amount exceeding $10,000 at one time from the United States to corporation acting under the provisions of section 25A of the Federal Reserve Act
any place outside the United States or into the United States from any place outside (12 U.S.C. Sections 611-632).
the United States, and Foreign Bank—A bank organized under foreign law, or an agency, branch or office
(2) Each person who receives in the United States currency or other monetary located outside the United States of a bank. The term does not include an agent,
instruments In an aggregate amount exceeding $10,000 at one time which have been agency, branch or office within the United States of a bank organized under foreign
transported, mailed, or shipped to the person from any place outside the United States. law.
A TRANSFER OF FUNDS THROUGH NORMAL BANKING PROCEDURES, WHICH Broker or Dealer in Securities— A broker or dealer in securities, registered or
DOES NOT INVOL VE THE PHYSICAL TRANSPORTATION OF CURRENCY OR required to be registered with the Securities and Exchange Commission under the
MONETARY INSTRUMENTS, IS NOT REQUIRED T O BE REPORTED. Securities Exchange Act of 1934.
Exceptions: Reports are not required to be filed by: Currency: The coin and paper money of the United States or any other country that
is (1) designated as legal tender and that (2) circulates and (3) is customarily
(1) a Federal Reserve bank, accepted as a medium of exchange in the country of issuance.
(2) a bank, a foreign bank, or a broker or dealer in securities in respect to currency Identification Number—Individuals must enter their social security number, if any. However,
or other monetary instruments mailed or shipped through the postal service or by common aliens who do not have a social security number should enter passport or alien registration
carrier, number. All others should enter their employer identification number.
(3) a commercial bank or trust company organized under the laws of any State or of Monetary Instruments— (1) Coin or currency of the United States or of any other country, (2)
the United States with respect to overland shipments of currency or monetary instruments traveler’s checks in any form, (3) negotiable instruments (including checks, promissory notes,
shipped to or received from an established customer maintaining a deposit relationship and money orders) in bearer form, endorsed without restriction, made out to a fictitious payee,
with the bank, in amounts which the bank may reasonably conclude do not exceed or otherwise in such form that title thereto passes upon delivery, (4) incomplete instruments
amounts commensurate with the customary conduct of the business, industry, or profession (including checks, promissory notes, and money orders) that are signed but on which the name
of the customer concerned, of the payee has been omitted, and (5) securities or stock in bearer form or otherwise in such
form that title thereto passes upon delivery. Monetary instruments do not include (i) checks or
(4) a person who is not a citizen or resident of the United States in respect to money orders made payable to the order of a named person which have not been endorsed
currency or other monetary instruments mailed or shipped from abroad to a bank or or which bear restrictive endorsements, (ii) warehouse receipts, or (iii) bills of lading.
broker or dealer in securities through the postal service or by common carrier,
Person—An individual, a corporation, p artnership, a trust or est ate, a joint stock company, an
(5) a common carrier of passengers in respect to currency or other monetary association, a syndicate, joint venture or other unincorporated organization or group, an Indian
instruments in the possession of its passengers, Tribe (as that term is defined in the Indian Gaming Regulatory Act), and all entities cognizable
(6) a common carrier of goods in respect to shipments of currency or monetary as legal personalities.
instruments not declared to be such by the shipper, SPECIAL INSTRUCTIONS:
(7) a travelers’ check issuer or its agent in respect to the transportation of travelers’ You should complete each line that applies to you. PART I. — Complete 11A or 11B,
checks prior to their delivery to selling agents for eventual sale to the public, not both. Block 12A and 12B; enter the exact date you shipped or received
(8) a person with a restrictively endorsed traveler’s check that is in the collection currency or monetary instrument(s). PART II. -Block 13; provide the complete name
of the shipper or recipient on whose behalf the exportation or importation was
and reconciliation process after the traveler’s check has been negotiated, nor by conducted. PART III. — Specify type of instrument, issuing entity , and date, serial
(9) a person engaged as a business in the transportation of currency, monetary or other identifying number, and payee (if any). Block 17, if currency or monetary
instruments and other commercial papers with respect to the transportation of currency instruments of more than one country is involved, attach a list showing each type,
or other monetary instruments overland between established offices of banks or brokers country or origin and amount.
or dealers in securities and foreign persons.
PRIVACY ACT AND PAPERWORK REDUCTION ACT NOTICE:
WHEN AND WHERE TO FILE: Pursuant to the requirements of Public law 93-579 (Privacy Act of 1974), notice is
A. Recipients—Each person who receives currency or other monetary instruments hereby given that the authority to collect information on Form 105 in accordance
in the United States shall file FinCEN Form 105, within 15 days after receipt of the with 5 U.S.C. 552a(e)(3) is Public law 91-508; 31 U.S.C. 5316; 5 U.S.C. 301;
currency or monetary instruments, with the Customs officer in charge at any port of Reorganization Plan No.1 of 1950; Treasury Department Order No. 165, revised, as
entry or departure or by mail addressed to: Attn: CMIR, Passenger Systems amended; 31 CFR Chapter X; and 44 U.S.C. 3501.
Directorate #1256, CBP, 7375 Boston Blvd., DHS, VA 20598-1256 The principal purpose for collecting the information is to assure maintenance of
B. Shippers or Mailers— lf the currency or other monetary instrument does not reports or records where such reports or records have a high degree of usefulness
accompany the person entering or departing the United States, FinCEN Form 105 in criminal, tax, or regulatory investigations or proceedings. The information collected
may be filed by mail on or before the date of entry, departure, mailing, or shipping may be provided to those officers and employees of the Bureau of Customs and
addressed to: Attn: CMIR, Passenger Systems Directorate #1256, CBP, 7375 , Border Protection and any other constituent unit of the Department of the Treasury
Boston Blvd., DHS, VA 20598-1256 who have a need for the records in the performance of their duties. The records may
be referred to any other department or agency of the Federal Government upon the
C. Travelers— Travelers carrying currency or other monetary instruments with request of the head of such dep artment or agency. The information collected may
them shall file FinCEN Form 105 at the time of entry into the United States or at the also be provided to appropriate state, local, and foreign criminal law enforcement
time of departure from the United States with the Customs officer in charge at any and regulatory personnel in the performance of their official duties.
Customs port of entry or departure.
Disclosure of this information is mandatory pursuant to 31 U.S.C. 5316 and 31 CFR
An additional report of a particular transportation, mailing, or shipping of currency or Chapter X. Failure to provide all or any part of the requested information may
the monetary instruments is not required if a complete and truthful report has already subject the currency or monetary instruments to seizure and forfeiture, as well as
been filed. However, no person otherwise required to file a report shall be excused from subject the individual to civil and criminal liabilities.
liability for failure to do so if, in fact, a complete and truthful report has not been filed.
Forms may be obtained from any Bureau of Customs and Border Protection office. Disclosure of the social security number is mandatory . The authority to collect this
number is 31 U.S.C. 5316(b) and 31 CFR 1010.306(d). The social security number
PENALTIES: Civil and criminal penalties, including under certain circumstances a will be used as a means to identify the individual who files the record.
fine of not more than $500,000 and Imprisonment of not more than ten years, are An agency may not conduct or sponsor, and a person is not required to respond to,
provided for failure to file a report, filing a report containing a material omission or a collection of information unless it displays a currently valid OMB control number.
misstatement, or filing a false or fraudulent report. In addition, the currency or The collection of this information is mandatory pursuant to 31 U.S.C. 5316, of Title
monetary instrument may be subject to seizure and forfeiture. See 31 U.S.C.5321 II of the Bank Secrecy Act, which is administered by Treasury’s Financial Crimes
and 31 CFR 1010.820; 31 U.S.C. 5322 and 31 CFR 1010.840; 31 U.S.C. 5317 and Enforcement Network (FINCEN).
31 CFR 1010.830, and U.S.C. 5332.
DEFINITIONS: Statement required by 5 CFR 1320.8(b)(3)(iii): The estimated average burden associated with this collection
of information is 11 minutes per respondent or record keeper depending on individual circumstances.
Bank—Each agent, agency, branch or office within the United States of any person Comments concerning the accuracy of this burden estimate and suggestions for reducing this burden
doing business in one or more of the capacities listed: (1) a commercial bank or trust should be directed to the Department of the Treasury, Financial Crimes Enforcement Network, P.O. Box 39
company organized under the laws of any State or of the United States; (2) a private Vienna, Virginia 22183. DO NOT send completed forms to this office—See When and Where To
bank; (3) a savings association, savings and loan association, and building and loan File above.
FinCEN FORM 105
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