{"identifier":"/us/usc/t31/s5312","title":31,"num":"\u00a7\u202f5312.","heading":"Definitions and application","text":"\u00a7\u202f5312.\nDefinitions and application\n(a) In this subchapter\u2014\n(1) \u201cfinancial agency\u201d means a person acting for a person (except for a country, a monetary or financial authority acting as a monetary or financial authority, or an international financial institution of which the United States Government is a member) as a financial institution, bailee, depository trustee, or agent, or acting in a similar way related to money, credit, securities, gold, a transaction in money, credit, securities or gold, or a service provided with respect to money, securities, futures, precious metals, stones and jewels, or value that substitutes for currency.\n(2) \u201cfinancial institution\u201d means\u2014\n(A) an insured bank (as defined in section 3(h) of the Federal Deposit Insurance Act (\n12 U.S.C. 1813(h)\n(B) a commercial bank or trust company;\n(C) a private banker;\n(D) an agency or branch of a foreign bank in the United States;\n(E) any credit union;\n(F) a thrift institution;\n(G) a broker or dealer registered with the Securities and Exchange Commission under the Securities Exchange Act of 1934 (\n15 U.S.C. 78a\n(H) a broker or dealer in securities or commodities;\n(I) an investment banker or investment company;\n(J) a currency exchange, or a business engaged in the exchange of currency, funds, or value that substitutes for currency or funds;\n(K) an issuer, redeemer, or cashier of travelers\u2019 checks, checks, money orders, or similar instruments;\n(L) an operator of a credit card system;\n(M) an insurance company;\n(N) a dealer in precious metals, stones, or jewels;\n(O) a pawnbroker;\n(P) a loan or finance company;\n(Q) a travel agency;\n(R) a licensed sender of money or any other person who engages as a business in the transmission of currency, funds, or value that substitutes for currency, including any person who engages as a business in an informal money transfer system or any network of people who engage as a business in facilitating the transfer of money domestically or internationally outside of the conventional financial institutions system;\n(S) a telegraph company;\n(T) a business engaged in vehicle sales, including automobile, airplane, and boat sales;\n(U) persons involved in real estate closings and settlements;\n(V) the United States Postal Service;\n(W) an agency of the United States Government or of a State or local government carrying out a duty or power of a business described in this paragraph;\n(X) a casino, gambling casino, or gaming establishment with an annual gaming revenue of more than $1,000,000 which\u2014\n(i) is licensed as a casino, gambling casino, or gaming establishment under the laws of any State or any political subdivision of any State; or\n(ii) is an Indian gaming operation conducted under or pursuant to the Indian Gaming Regulatory Act other than an operation which is limited to class I gaming (as defined in section 4(6) of such Act);\n(Y) any business or agency which engages in any activity which the Secretary of the Treasury determines, by regulation, to be an activity which is similar to, related to, or a substitute for any activity in which any business described in this paragraph is authorized to engage; or\n(Z) any other business designated by the Secretary whose cash transactions have a high degree of usefulness in criminal, tax, or regulatory matters.\n(3) \u201cmonetary instruments\u201d means\u2014\n(A) United States coins and currency;\n(B) as the Secretary may prescribe by regulation, coins and currency of a foreign country, travelers\u2019 checks, bearer negotiable instruments, bearer investment securities, bearer securities, stock on which title is passed on delivery, and similar material;\n(C) as the Secretary of the Treasury shall provide by regulation for purposes of sections 5316 and 5331, checks, drafts, notes, money orders, and other similar instruments which are drawn on or by a foreign financial institution and are not in bearer form; and\n(D) as the Secretary shall provide by regulation, value that substitutes for any monetary instrument described in subparagraph (A), (B), or (C).\n(4)\nNonfinancial trade or business.\u2014\nThe term \u201cnonfinancial trade or business\u201d means any trade or business other than a financial institution that is subject to the reporting requirements of section 5313 and regulations prescribed under such section.\n(5) \u201cperson\u201d, in addition to its meaning under\nsection 1 of title 1\n(6) \u201cUnited States\u201d means the States of the United States, the District of Columbia, and, when the Secretary prescribes by regulation, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, American Samoa, the Trust Territory of the Pacific Islands, a territory or possession of the United States, or a military or diplomatic establishment.\n(b) In this subchapter\u2014\n(1) \u201cdomestic financial agency\u201d and \u201cdomestic financial institution\u201d apply to an action in the United States of a financial agency or institution.\n(2) \u201cforeign financial agency\u201d and \u201cforeign financial institution\u201d apply to an action outside the United States of a financial agency or institution.\n(c)\nAdditional Definitions.\u2014\nFor purposes of this subchapter, the following definitions shall apply:\n(1)\n11\u202fSo in original. No par. (2) has been enacted. Certain institutions included in definition.\u2014\nThe term \u201cfinancial institution\u201d (as defined in subsection (a)) includes the following:\n(A) 2\n2 So in original. No subpar. (B) has been enacted.","url":"https://projectusc.org/usc/t31/s5312.html","content":[{"t":"sec","id":"/us/usc/t31/s5312","children":[{"t":"num","text":"\u00a7\u202f5312."},{"t":"heading","text":"Definitions and application"},{"t":"subsec","id":"/us/usc/t31/s5312/a","children":[{"t":"num","text":"(a)"},{"t":"chapeau","text":" In this subchapter\u2014"},{"t":"para","id":"/us/usc/t31/s5312/a/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" \u201cfinancial agency\u201d means a person acting for a person (except for a country, a monetary or financial authority acting as a monetary or financial authority, or an international financial institution of which the United States Government is a member) as a financial institution, bailee, depository trustee, or agent, or acting in a similar way related to money, credit, securities, gold, a transaction in money, credit, securities or gold, or a service provided with respect to money, securities, futures, precious metals, stones and jewels, or value that substitutes for currency.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t31/s5312/a/2","children":[{"t":"num","text":"(2)"},{"t":"chapeau","text":" \u201cfinancial institution\u201d means\u2014"},{"t":"subpara","id":"/us/usc/t31/s5312/a/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" an insured bank (as defined in section 3(h) of the Federal Deposit Insurance Act (","children":[{"t":"ref","text":"12 U.S.C. 1813(h)","href":"/us/usc/t12/s1813/h","tail":"));"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t31/s5312/a/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" a commercial bank or trust company;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t31/s5312/a/2/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" a private banker;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t31/s5312/a/2/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" an agency or branch of a foreign bank in the United States;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t31/s5312/a/2/E","children":[{"t":"num","text":"(E)"},{"t":"content","text":" any credit union;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t31/s5312/a/2/F","children":[{"t":"num","text":"(F)"},{"t":"content","text":" a thrift institution;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t31/s5312/a/2/G","children":[{"t":"num","text":"(G)"},{"t":"content","text":" a broker or dealer registered with the Securities and Exchange Commission under the Securities Exchange Act of 1934 (","children":[{"t":"ref","text":"15 U.S.C. 78a","href":"/us/usc/t15/s78a","tail":" et seq.);"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t31/s5312/a/2/H","children":[{"t":"num","text":"(H)"},{"t":"content","text":" a broker or dealer in securities or commodities;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t31/s5312/a/2/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" an investment banker or investment company;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t31/s5312/a/2/J","children":[{"t":"num","text":"(J)"},{"t":"content","text":" a currency exchange, or a business engaged in the exchange of currency, funds, or value that substitutes for currency or funds;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t31/s5312/a/2/K","children":[{"t":"num","text":"(K)"},{"t":"content","text":" an issuer, redeemer, or cashier of travelers\u2019 checks, checks, money orders, or similar instruments;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t31/s5312/a/2/L","children":[{"t":"num","text":"(L)"},{"t":"content","text":" an operator of a credit card system;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t31/s5312/a/2/M","children":[{"t":"num","text":"(M)"},{"t":"content","text":" an insurance company;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t31/s5312/a/2/N","children":[{"t":"num","text":"(N)"},{"t":"content","text":" a dealer in precious metals, stones, or jewels;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t31/s5312/a/2/O","children":[{"t":"num","text":"(O)"},{"t":"content","text":" a pawnbroker;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t31/s5312/a/2/P","children":[{"t":"num","text":"(P)"},{"t":"content","text":" a loan or finance company;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t31/s5312/a/2/Q","children":[{"t":"num","text":"(Q)"},{"t":"content","text":" a travel agency;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t31/s5312/a/2/R","children":[{"t":"num","text":"(R)"},{"t":"content","text":" a licensed sender of money or any other person who engages as a business in the transmission of currency, funds, or value that substitutes for currency, including any person who engages as a business in an informal money transfer system or any network of people who engage as a business in facilitating the transfer of money domestically or internationally outside of the conventional financial institutions system;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t31/s5312/a/2/S","children":[{"t":"num","text":"(S)"},{"t":"content","text":" a telegraph company;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t31/s5312/a/2/T","children":[{"t":"num","text":"(T)"},{"t":"content","text":" a business engaged in vehicle sales, including automobile, airplane, and boat sales;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t31/s5312/a/2/U","children":[{"t":"num","text":"(U)"},{"t":"content","text":" persons involved in real estate closings and settlements;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t31/s5312/a/2/V","children":[{"t":"num","text":"(V)"},{"t":"content","text":" the United States Postal Service;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t31/s5312/a/2/W","children":[{"t":"num","text":"(W)"},{"t":"content","text":" an agency of the United States Government or of a State or local government carrying out a duty or power of a business described in this paragraph;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t31/s5312/a/2/X","children":[{"t":"num","text":"(X)"},{"t":"chapeau","text":" a casino, gambling casino, or gaming establishment with an annual gaming revenue of more than $1,000,000 which\u2014"},{"t":"clause","id":"/us/usc/t31/s5312/a/2/X/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" is licensed as a casino, gambling casino, or gaming establishment under the laws of any State or any political subdivision of any State; or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t31/s5312/a/2/X/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" is an Indian gaming operation conducted under or pursuant to the Indian Gaming Regulatory Act other than an operation which is limited to class I gaming (as defined in section 4(6) of such Act);","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t31/s5312/a/2/Y","children":[{"t":"num","text":"(Y)"},{"t":"content","text":" any business or agency which engages in any activity which the Secretary of the Treasury determines, by regulation, to be an activity which is similar to, related to, or a substitute for any activity in which any business described in this paragraph is authorized to engage; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t31/s5312/a/2/Z","children":[{"t":"num","text":"(Z)"},{"t":"content","text":" any other business designated by the Secretary whose cash transactions have a high degree of usefulness in criminal, tax, or regulatory matters.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t31/s5312/a/3","children":[{"t":"num","text":"(3)"},{"t":"chapeau","text":" \u201cmonetary instruments\u201d means\u2014"},{"t":"subpara","id":"/us/usc/t31/s5312/a/3/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" United States coins and currency;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t31/s5312/a/3/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" as the Secretary may prescribe by regulation, coins and currency of a foreign country, travelers\u2019 checks, bearer negotiable instruments, bearer investment securities, bearer securities, stock on which title is passed on delivery, and similar material;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t31/s5312/a/3/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" as the Secretary of the Treasury shall provide by regulation for purposes of sections 5316 and 5331, checks, drafts, notes, money orders, and other similar instruments which are drawn on or by a foreign financial institution and are not in bearer form; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t31/s5312/a/3/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" as the Secretary shall provide by regulation, value that substitutes for any monetary instrument described in subparagraph (A), (B), or (C).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t31/s5312/a/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Nonfinancial trade or business.\u2014"},{"t":"content","text":"The term \u201cnonfinancial trade or business\u201d means any trade or business other than a financial institution that is subject to the reporting requirements of section 5313 and regulations prescribed under such section.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t31/s5312/a/5","children":[{"t":"num","text":"(5)"},{"t":"content","text":" \u201cperson\u201d, in addition to its meaning under ","children":[{"t":"ref","text":"section 1 of title 1","href":"/us/usc/t1/s1","tail":", includes a trustee, a representative of an estate and, when the Secretary prescribes, a governmental entity."}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t31/s5312/a/6","children":[{"t":"num","text":"(6)"},{"t":"content","text":" \u201cUnited States\u201d means the States of the United States, the District of Columbia, and, when the Secretary prescribes by regulation, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, American Samoa, the Trust Territory of the Pacific Islands, a territory or possession of the United States, or a military or diplomatic establishment.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t31/s5312/b","children":[{"t":"num","text":"(b)"},{"t":"chapeau","text":" In this subchapter\u2014"},{"t":"para","id":"/us/usc/t31/s5312/b/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" \u201cdomestic financial agency\u201d and \u201cdomestic financial institution\u201d apply to an action in the United States of a financial agency or institution.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t31/s5312/b/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" \u201cforeign financial agency\u201d and \u201cforeign financial institution\u201d apply to an action outside the United States of a financial agency or institution.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t31/s5312/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Additional Definitions.\u2014"},{"t":"chapeau","text":"For purposes of this subchapter, the following definitions shall apply:"},{"t":"para","id":"/us/usc/t31/s5312/c/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"11\u202fSo in original. No par. (2) has been enacted. Certain institutions included in definition.\u2014"},{"t":"chapeau","text":"The term \u201cfinancial institution\u201d (as defined in subsection (a)) includes the following:"},{"t":"subpara","id":"/us/usc/t31/s5312/c/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":"\u202f","children":[{"t":"ref","text":"2"},{"t":"num","text":"2","tail":"\u202fSo in original. No subpar. (B) has been enacted."},{"t":"text","text":"\u202fSo in original. No subpar. (B) has been enacted.","tail":" Any futures commission merchant, commodity trading advisor, or commodity pool operator registered, or required to register, under the Commodity Exchange Act."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}