Form 4790 (031695) Report Of International Transportation Of Currency Or Monetary Instruments (Page 2 of 2) in pdf

GENERAL INSTRUCTIONS

This report is required by Treasury Department regulations (31 Code of Federal Regulations 103).

Who Must File.--Each person who physically transports, mails, or ships, or causes to be physically transported, mailed, shipped or received currency or other monetary

instruments in an aggregate amount exceeding $10,000 on any one occasion from the United States to any place outside the United States, or into the United States from

any place outside the United States.

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.

Exceptions.--The following persons are not required to file reports: (1) a Federal Reserve bank, (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, nor by (8) 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.

WHEN AND WHERE TO FILE:

A. Recipients.--Each person who receives currency or other monetary instruments shall file Form 4790, within 30 days after receipt, with the Customs officer in charge at

any port of entry or departure or by mail with the Commissioner of Customs, Attention: Currency Transportation Reports, Washington DC 20229.

B. Shippers or Mailers:--If the currency or other monetary instrument does not accompany the person entering or departing the United States, Form 4790 may be filed by

mail on or before the date of entry, departure, mailing, or shipping with the Commissioner of Customs, Attention: Currency Transportation Reports, Washington DC 20229.

C. Travelers.--Travelers carrying currency or other monetary instruments with them shall file Form 4790 at the time of entry into the United States or at the time of

departure from the United States with the Customs officer in charge at any Customs port of entry or departure.

An additional report of a particular transportation, mailing, or shipping of currency or the monetary instruments, is not required if a complete and truthful report has already

been filed. However, no person otherwise required 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. Forms may be obtained from any United States Customs Service office.

PENALTIES.--Civil and criminal penalties, including under certain circumstances a fine of not more than $500,000 and imprisonment of not more than five

years, are provided for failure to file a report, supply information, and for filing a false or fraudulent report. In addition, the currency or monetary instrument

may be subject to seizure and forfeiture. See section 103.47, 103.48 and 103.49 of the regulations.

DEFINITIONS:

Bank.--Each agent, agency, branch or office within the United States of a foreign bank and each agency, branch or office within the United States of any person doing

business in one or more of the capacities listed: (1) a commercial bank or trust company organized under the laws of any state or of the United States; (2) a private bank;

(3) a savings and loan association or a building and loan association organized under the laws of any state or of the United States; (4) an insured institution as defined in

section 401 of the National Housing Act; (5) a savings bank, industrial bank or other thrift institution; (6) a credit union organized under the laws of any state or of the

United States; and (7) any other organization chartered under the banking laws of any state and subject to the supervision of the bank supervisory authorities of a state.

Foreign Bank.--A bank organized under foreign law, or an agency, branch or office located outside the United States of a bank. The term does not include an agent,

agency, branch or office within the United States of a bank organized under foreign law.

Broker or Dealer in Securities.--A broker or dealer in securities, registered or required to be registered with the Securities and Exchange Commission under the

Securities Exchange Act of 1934.

IDENTIFICATION NUMBER.--Individuals must enter their social security number, if any. However, aliens who do not have a social security number should

enter passport or alien registration number. All others should enter their employer identification number.

Investment Security.--An instrument which: (1) is issued in bearer or registered form; (2) is of a type commonly dealt in upon securities exchanges or markets or

commonly recognized in any areas in which it is issued or dealt in as a medium for investment; (3) is either one of a class or series or by its terms is divisible into a class

or series of instruments; and (4) evidences a share, participation or other interest in property or in an enterprise or evidences an obligation of the issuer.

Monetary Instruments.--Coin or currency of the United States or of any other country, travelers’ checks, money orders, investment securities in bearer form or otherwise

in such form that title thereto passes upon delivery, and negotiable instruments (except warehouse receipts or bills of lading) in bearer form or other in such form that title

thereto passes upon delivery. The term includes bank checks, travelers’ checks and money orders which are signed but on which the name of the payee has been

omitted, but does not include bank checks, travelers’ checks or money orders made payable to the order of a named person which have not been endorsed or which bear

restrictive endorsements.

Person.--An individual, a corporation, a partnership, a trust or estate, a joint stock company, and association, a syndicate, joint venture or other unincorporated

organization or group, and all entities cognizable as legal personalties.

SPECIAL INSTRUCTIONS:

You should complete each line which applies to you. Part II.--Line 22, enter the exact date you shipped or received currency or monetary instrument(s). Line 23, check

the applicable box and give the complete name and address of the shipper or recipient. Part III.--Line 26, if currency or monetary instruments of more than one country is

involved, attach a schedule showing each kind, country, and amount.

PRIVACY ACT AND PAPERWORK REDUCTION ACT NOTICE

Pursuant to the requirements of Public Law 93-579 (Privacy Act of 1974), notice is hereby given that the authority to collect information on Form 4790 in accordance with

5 U.S.C. 552a(e)(3) is Public Law 91-508; 31 U.S.C. 5316; 5 U.S.C. 301; Reorganization Plan No. 1 of 1950; Treasury Department No.165, revised, as amended; 31 CFR 103;

and 44 U.S.C. 3501.

The principal purpose for collecting the information is to assure maintenance of reports or records where such reports or records have a high degree of usefulness in criminal, tax, or

regulatory investigations or proceedings. The information collected may be provided to those officers and employees of the Customs Service and any other constituent unit of the

Department of the Treasury 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 request of the head of such department or agency.

Disclosure of this information is mandatory. Failure to provide all or any part of the requested information may subject the currency or monetary instruments to seizure and forfeiture,

as well as subject the individual to civil and criminal liabilities.

Disclosure of the social security number is mandatory. The authority to collect this number is 31 CFR 103.25. The social security number will be used as a means to identify the

individual who files the record.

The collection of this information is mandatory pursuant to 31 U.S.C. 5316.

Statement Required by 5 CFR 1320.21: The estimated average burden associated with this collection of information is 10 minutes per respondent or recordkeeper depending on

individual circumstances. Comments concerning the accuracy of this burden estimate and suggestions for reducing this burden should be directed to U.S. Customs Service,

Paperwork Management Branch, Washington DC 20229. DO NOT send completed form(s) to th i s office.