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GENERAL INSTRUCTIONS

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

This report is required by 31 U.S.C. 5316 and Treasury Department regulations

savings bank, industrial bank or other thrift institution; (6) a credit union organized

(31 CFR Chapter X).

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

bank supervisory authorities of a State other than a money service business; (8) a

(1) Each person who physically transports, mails, or ships, or causes to be

bank organized under foreign law; and (9) any national banking association or

physically transported, mailed, or shipped currency or other monetary instruments

corporation acting under the provisions of section 25A of the Federal Reserve Act

in an aggregate amount exceeding $10,000 at one time from the United States to

(12 U.S.C. Sections 611-632).

any place outside the United States or into the United States from any place outside

the United States, and

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,

(2) Each person who receives in the United States currency or other monetary

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

instruments In an aggregate amount exceeding $10,000 at one time which have been

law.

transported, mailed, or shipped to the person from any place outside the United States.

Broker or Dealer in Securities— A broker or dealer in securities, registered or

A TRANSFER OF FUNDS THROUGH NORMAL BANKING PROCEDURES, WHICH

required to be registered with the Securities and Exchange Commission under the

DOES NOT INVOL VE THE PHYSICAL TRANSPORTATION OF CURRENCY O R

Securities Exchange Act of 1934.

MONETARY INSTRUMENTS, IS NOT REQUIRED T O BE REPORTED.

Currency: The coin and paper money of the United States or any other country that

Exceptions: Reports are not required to be filed by:

is (1) designated as legal tender and that (2) circulates and (3) is customarily

accepted as a medium of exchange in the country of issuance.

(1) a Federal Reserve bank,

Identification Number—Individuals must enter their social security number , if any . However,

(2) a bank, a foreign bank, or a broker or dealer in securities in respect to currency

aliens who do not have a social security number should enter passport or alien registration

or other monetary instruments mailed or shipped through the postal service or by common

number. All others should enter their employer identification number .

carrier,

Monetary Instruments— (1) Coin or currency of the United States or of any other country , (2)

(3) a commercial bank or trust company organized under the laws of any State or of

traveler’s checks in any form, (3) negotiable instruments (including checks, promissory notes,

the United States with respect to overland shipments of currency or monetary instruments

and money orders) in bearer form, endorsed without restriction, made out to a fictitious payee,

shipped to or received from an established customer maintaining a deposit relationship

or otherwise in such form that title thereto passes upon delivery , (4) incomplete instruments

with the bank, in amounts which the bank may reasonably conclude do not exceed

(including checks, promissory notes, and money orders) that are signed but on which the name

amounts commensurate with the customary conduct of the business, industry , or profession

of the payee has been omitted, and (5) securities or stock in bearer form or otherwise in such

of the customer concerned,

form that title thereto p asses 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 endorsement s , (ii) warehouse receipt s , 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 comp any, 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

as legal personalities.

(6) a common carrier of goods in respect to shipments of currency or monetary

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

currency or monetary instrument(s). PART II. -Block 13; provide the complete name

(8) a person with a restrictively endorsed traveler ’s check that is in the collection

of the shipper or recipient on whose behalf the exportation or importation was

and reconciliation process af t er the traveler’s check has been negotiated, nor by

conducted. PART III. — Specify type of instrument, issuing entity , and date, serial

or other identifying number, and payee (if any). Block 17, if currency or monetary

(9) a person engaged as a business in the transportation of currency, monetary

instruments of more than one country is involved, attach a list showing each type,

instruments and other commercial papers with respect to the transportation of currency

country or origin and amount.

or other monetary instruments overland between established offices of banks or brokers

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

hereby given that the authority to collect information on Form 105 in accordance

A. Recipients—Each person who receives currency or other monetary instruments

with 5 U.S.C. 552a(e)(3) is Public law 91-508; 31 U.S.C. 5316; 5 U.S.C. 301;

in the United States shall file FinCEN Form 105, within 15 days after receipt of the

Reorganization Plan No.1 of 1950; Treasury Department Order No. 165, revised, as

currency or monetary instruments, with the Customs officer in charge at any port of

amended; 31 CFR Chapter X; and 44 U.S.C. 3501.

entry or departure or by mail addressed to: Attn: CMIR, Passenger Systems

Directorate #1256, CBP, 7375 Boston Blvd., DHS, VA 20598-1256

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

B. Shippers or Mailers— lf the currency or other monetary instrument does not

in criminal, tax, or regulatory investigations or proceedings. The information collected

accompany the person entering or departing the United States, FinCEN Form 105

may be provided to those officers and employees of the Bureau of Customs and

may be filed by mail on or before the date of entry, departure, mailing, or shipping

Border Protection and any other constituent unit of the Department of the Treasury

addressed to: Attn: CMIR, Passenger Systems Directorate #1256, CBP, 7375

who have a need for the records in the performance of their duties. The records may

Boston Blvd., DHS, VA 20598-1256

be referred to any other department or agency of the Federal Government upon the

request of the head of such dep artment or agency. The information collected may

C. Travelers— Travelers carrying currency or other monetary instruments with

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

and regulatory personnel in the performance of their official duties.

time of departure from the United States with the Customs officer in charge at any

Customs port of entry or departure.

Disclosure of this information is mandatory pursuant to 31 U.S.C. 5316 and 31 CFR

Chapter X. Failure to provide all or any part of the requested information may

An additional report of a particular transportation, mailing, or shipping of currency or

subject the currency or monetary instruments to seizure and forfeiture, as well as

the monetary instruments is not required if a complete and truthful report has already

subject the individual to civil and criminal liabilities.

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.

Disclosure of the social security number is mandatory . The authority to collect this

Forms may be obt a ined from any Bureau of Customs and Border Protection office.

number is 31 U.S.C. 5316(b) and 31 CFR 1010.306(d). The social security number

will be used as a means to identify the individual who files the record.

PENALTIES: Civil and criminal penalties, including under certain circumstances a

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.

Statement required by 5 CFR 1320.8(b)(3)(iii): The estimated average burden associated with this collection

DEFINITIONS:

of information is 1 1 minutes per respondent or record keeper depending on individual circumst ances.

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 Dep artment of the T reasury, 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 T o

bank; (3) a savings association, savings and loan association, and building and loan

File above.

FinCEN FORM 105

Form 105 - Report Of International Transportation Of Currency Or Monetary Instruments Page 2

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