From the U.S. Code Online via GPO Access
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[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
  January 7, 2003 and February 12, 2003]
[CITE: 31USC5324]

 
                       TITLE 31--MONEY AND FINANCE
 
                           SUBTITLE IV--MONEY
 
                    CHAPTER 53--MONETARY TRANSACTIONS
 
 SUBCHAPTER II--RECORDS AND REPORTS ON MONETARY INSTRUMENTS TRANSACTIONS
 
Sec. 5324. Structuring transactions to evade reporting 
        requirement prohibited
        
    (a) Domestic Coin and Currency Transactions Involving Financial 
Institutions.--No person shall, for the purpose of evading the reporting 
requirements of section 5313(a) or 5325 or any regulation prescribed 
under any such section, the reporting or recordkeeping requirements 
imposed by any order issued under section 5326, or the recordkeeping 
requirements imposed by any regulation prescribed under section 21 of 
the Federal Deposit Insurance Act or section 123 of Public Law 91-508--
        (1) cause or attempt to cause a domestic financial institution 
    to fail to file a report required under section 5313(a) or 5325 or 
    any regulation prescribed under any such section, to file a report 
    or to maintain a record required by an order issued under section 
    5326, or to maintain a record required pursuant to any regulation 
    prescribed under section 21 of the Federal Deposit Insurance Act or 
    section 123 of Public Law 91-508;
        (2) cause or attempt to cause a domestic financial institution 
    to file a report required under section 5313(a) or 5325 or any 
    regulation prescribed under any such section, to file a report or to 
    maintain a record required by any order issued under section 5326, 
    or to maintain a record required pursuant to any regulation 
    prescribed under section 5326, or to maintain a record required 
    pursuant to any regulation prescribed under section 21 of the 
    Federal Deposit Insurance Act or section 123 of Public Law 91-508, 
    that contains a material omission or misstatement of fact; or
        (3) structure or assist in structuring, or attempt to structure 
    or assist in structuring, any transaction with one or more domestic 
    financial institutions.

    (b) Domestic Coin and Currency Transactions Involving Nonfinancial 
Trades or Businesses.--No person shall, for the purpose of evading the 
report requirements of section 5333 \1\ or any regulation prescribed 
under such section--
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    \1\ So in original. Probably should be section ``5331''.
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        (1) cause or attempt to cause a nonfinancial trade or business 
    to fail to file a report required under section 5333 \1\ or any 
    regulation prescribed under such section;
        (2) cause or attempt to cause a nonfinancial trade or business 
    to file a report required under section 5333 \1\ or any regulation 
    prescribed under such section that contains a material omission or 
    misstatement of fact; or
        (3) structure or assist in structuring, or attempt to structure 
    or assist in structuring, any transaction with 1 or more 
    nonfinancial trades or businesses.

    (c) International Monetary Instrument Transactions.--No person 
shall, for the purpose of evading the reporting requirements of section 
5316--
        (1) fail to file a report required by section 5316, or cause or 
    attempt to cause a person to fail to file such a report;
        (2) file or cause or attempt to cause a person to file a report 
    required under section 5316 that contains a material omission or 
    misstatement of fact; or
        (3) structure or assist in structuring, or attempt to structure 
    or assist in structuring, any importation or exportation of monetary 
    instruments.

    (d) Criminal Penalty.--
        (1) In general.--Whoever violates this section shall be fined in 
    accordance with title 18, United States Code, imprisoned for not 
    more than 5 years, or both.
        (2) Enhanced penalty for aggravated cases.--Whoever violates 
    this section while violating another law of the United States or as 
    part of a pattern of any illegal activity involving more than 
    $100,000 in a 12-month period shall be fined twice the amount 
    provided in subsection (b)(3) or (c)(3) (as the case may be) of 
    section 3571 of title 18, United States Code, imprisoned for not 
    more than 10 years, or both.

(Added Pub. L. 99-570, title I, Sec. 1354(a), Oct. 27, 1986, 100 Stat. 
3207-22; amended Pub. L. 102-550, title XV, Secs. 1517(a), 1525(a), 
1535(a)(1), Oct. 28, 1992, 106 Stat. 4059, 4064, 4066; Pub. L. 103-322, 
title XXXIII, Sec. 330017(a)(2), Sept. 13, 1994, 108 Stat. 2149; Pub. L. 
103-325, title IV, Secs. 411(a), 413(a)(2), Sept. 23, 1994, 108 Stat. 
2253, 2254; Pub. L. 107-56, title III, Secs. 353(c), 365(b)(1), (2)(A), 
Oct. 26, 2001, 115 Stat. 323, 334, 335.)

                       References in Text

    Section 21 of the Federal Deposit Insurance Act, referred to in 
subsec. (a), is classified to section 1829b of Title 12, Banks and 
Banking.
    Section 123 of Public Law 91-508, referred to in subsec. (a), is 
classified to section 1953 of Title 12, Banks and Banking.


                               Amendments

    2001--Subsec. (a). Pub. L. 107-56, Secs. 353(c)(1), (2), 
365(b)(2)(A), inserted ``Involving Financial Institutions'' after 
``Transactions'' in heading, and in introductory provisions, inserted 
comma after ``No person shall'' and substituted ``section, the reporting 
or recordkeeping requirements imposed by any order issued under section 
5326, or the recordkeeping requirements imposed by any regulation 
prescribed under section 21 of the Federal Deposit Insurance Act or 
section 123 of Public Law 91-508--'' for ``section--''.
    Subsec. (a)(1). Pub. L. 107-56, Sec. 353(c)(3), inserted ``, to file 
a report or to maintain a record required by an order issued under 
section 5326, or to maintain a record required pursuant to any 
regulation prescribed under section 21 of the Federal Deposit Insurance 
Act or section 123 of Public Law 91-508'' before semicolon at end.
    Subsec. (a)(2). Pub. L. 107-56, Sec. 353(c)(4), inserted ``, to file 
a report or to maintain a record required by any order issued under 
section 5326, or to maintain a record required pursuant to any 
regulation prescribed under section 5326, or to maintain a record 
required pursuant to any regulation prescribed under section 21 of the 
Federal Deposit Insurance Act or section 123 of Public Law 91-508,'' 
after ``regulation prescribed under any such section''.
    Subsecs. (b) to (d). Pub. L. 107-56, Sec. 365(b)(1), added subsec. 
(b) and redesignated former subsecs. (b) and (c) as (c) and (d), 
respectively.
    1994--Subsec. (a). Pub. L. 103-322, Sec. 330017(a)(2) and Pub. L. 
103-325, Sec. 413(a)(2), amended subsec. (a), introductory provisions, 
identically, substituting ``section 5313(a) or 5325 or any regulation 
prescribed under any such section'' for ``section 5313(a), section 5325, 
or the regulations issued thereunder or section 5325 or regulations 
prescribed under such section 5325'' and striking out ``with respect to 
such transaction'' before dash.
    Subsec. (a)(1), (2). Pub. L. 103-322, Sec. 330017(a)(2)(A) and Pub. 
L. 103-325, Sec. 413(a)(2)(A), amended pars. (1) and (2) identically, 
substituting ``section 5313(a) or 5325 or any regulation prescribed 
under any such section'' for ``section 5313(a), section 5325, or the 
regulations issued thereunder or section 5325 or regulations prescribed 
under such section 5325''.
    Subsec. (c). Pub. L. 103-325, Sec. 411(a), added subsec. (c).
    1992--Pub. L. 102-550, Sec. 1525(a)(1), designated existing 
provisions as subsec. (a), inserted heading, and added subsec. (b).
    Pub. L. 102-550, Secs. 1517(a), 1535(a)(1), inserted the following 
duplicative provisions ``or section 5325 or regulations prescribed under 
such section 5325'' and ``, section 5325, or the regulations issued 
thereunder'' after ``section 5313(a)'' wherever appearing.


                   Termination Date of 2001 Amendment

    Amendments by title III of Pub. L. 107-56 to terminate effective on 
and after the first day of fiscal year 2005 if Congress enacts a joint 
resolution that such amendments no longer have the force of law, see 
section 303 of Pub. L. 107-56, set out as a Four-Year Congressional 
Review; Expedited Consideration note under section 5311 of this title.


                             Effective Date

    Section 1364(a) of Pub. L. 99-570 provided that: ``The amendment 
made by section 1354 [enacting this section] shall apply with respect to 
transactions for the payment, receipt, or transfer of United States 
coins or currency or other monetary instruments completed after the end 
of the 3-month period beginning on the date of the enactment of this Act 
[Oct. 27, 1986].''

                  Section Referred to in Other Sections

    This section is referred to in sections 5317, 5321, 5322 of this 
title; title 12 sections 93, 1464, 1772d, 1786, 1818, 1821, 3420; title 
18 sections 986, 1956; title 28 section 524.