(a) Each person who physically
transports, mails, or ships, or causes to be physically transported,
mailed, or shipped, or attempts to physically transport, mail or ship,
or attempts to cause to be physically transported, mailed or shipped,
currency or other monetary instruments in an aggregate amount exceeding
$10,000 at one time from the United States to any place outside the
United States, or into the United States from any place outside the
United States, shall make a report thereof. A person is deemed to
have caused such transportation, mailing or shipping when he aids,
abets, counsels, commands, procures, or requests it to be done by
a financial institution or any other person.
3-1702.91
(b) Each person who receives in the U.S. currency or other
monetary instruments in an aggregate amount exceeding $10,000 at one
time which have been transported, mailed, or shipped to such person
from any place outside the United States with respect to which a report
has not been filed under paragraph (a) of this section, whether or
not required to be filed thereunder, shall make a report thereof,
stating the amount, the date of receipt, the form of monetary instruments,
and the person from whom received.
3-1702.92
(c) This section
shall not require reports by:
(2) A bank, a foreign bank,
or a broker or dealer in securities, in respect to currency or other
monetary instruments mailed or shipped through the postal service
or by common carrier;
(3) A commercial bank or trust company organized under the laws of
any State or of the United States with respect to overland shipments
of currency or monetary instruments shipped to or received from an
established customer maintaining a deposit relationship with the bank,
in amounts which the bank may reasonably conclude do not exceed amounts
commensurate with the customary conduct of the business, industry
or profession of the customer concerned;
(4) A person who is not a citizen or resident
of the United States in respect to currency or other monetary instruments
mailed or shipped from abroad to a bank or broker or dealer in securities
through the postal service or by common carrier;
(5) A common carrier of passengers in respect
to currency or other monetary instruments in the possession of its
passengers;
(6) A common
carrier of goods in respect to shipments of currency or monetary instruments
not declared to be such by the shipper;
(7) A travelers’ check issuer or its agent
in respect to the transportation of travelers’ checks prior to their
delivery to selling agents for eventual sale to the public;
(8) By a person with respect
to a restrictively endorsed traveler’s check that is in the collection
and reconciliation process after the traveler’s check has been negotiated;
(9) Nor by a person engaged
as a business in the transportation of currency, monetary instruments
and other commercial papers with respect to the transportation of
currency or other monetary instruments overland between established
offices of banks or brokers or dealers in securities and foreign persons.
3-1702.93
(d) A transfer
of funds through normal banking procedures which does not involve
the physical transportation of currency or monetary instruments is
not required to be reported by this section. This section does not
require that more than one report be filed covering a particular transportation,
mailing or shipping of currency or other monetary instruments with
respect to which a complete and truthful report has been filed by
a person. However, no person required by paragraph (a) or (b) of this
section to file a report shall be excused from liability for failure
to do so if, in fact, a complete and truthful report has not been
filed.
