Reports on the Export and Import of Monetary
Section 5316 of Title 31 requires any person who transports or has
someone else transport United States currency or other monetary instruments
excess of $10,000 into or out of the United States, or who receives such
instruments in the United States from abroad, to report the transaction.
report is made on Form 4790 ("Report of International Transportation of
or Monetary Instruments," commonly known as a CMIR), which must be filed
United States Customs Service at the time of entry into the United States or
the time of departure, mailing, or shipping from the United States.|
Enforcement of the export/import reporting requirements is
by two additional provisions: (1) 31 U.S.C. § 5317(a) authorizes the
Customs Service to apply for a search warrant to search for and seize
instruments which are not reported; and (2) 31 U.S.C. § 5317(c) permits
United States to seek the forfeiture of monetary instruments for which a
not been filed, or for which the CMIR contains a material omission or
misstatement, as well as any property involved in the offense.
The implementing regulations for § 5316 are found at 31 C.F.R.
§ 103.23. It is important that prosecutors, in considering a
prosecution or forfeiture, consult the implementing regulations in effect
the period that the violations under consideration occurred.