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Pt. 103 31 CFR Ch.

I (7–1–00 Edition)

bullion to the petitioner or when the Subpart E—General Provisions


Secretary is not convinced that the
103.51 Dollars as including foreign currency.
petitoner was an innocent purchaser or 103.52 Photographic or other reproductions
holder without knowledge that the of Government obligations.
gold coins were counterfeit. 103.53 Availability of information.
103.54 Disclosure.
PART 103—FINANCIAL RECORD- 103.55 Exceptions, exemptions, and reports.
103.56 Enforcement.
KEEPING AND REPORTING OF 103.57 Civil penalty.
CURRENCY AND FOREIGN 103.58 Forfeiture of currency or monetary
TRANSACTIONS instruments.
103.59 Criminal penalty.
103.60 Enforcement authority with respect
Subpart A—Definitions
to transportation of currency or mone-
Sec. tary instruments.
103.11 Meaning of terms. 103.61 Access to records.
103.62 Rewards for informants.
Subpart B—Reports Required To Be Made 103.63 Structured transactions.
103.64 Special rules for casinos.
103.15 Determination by the Secretary.
103.18 Reports by banks of suspicious trans- Subpart F—Summons
actions.
103.20 Reports by money services businesses 103.71 General.
of suspicious transactions. 103.72 Persons who may issue summons.
103.22 Reports of transactions in currency. 103.73 Contents of summons.
103.23 Reports of transportation of currency 103.74 Service of summons.
or monetary instruments. 103.75 Examination of witnesses and
103.24 Reports of foreign financial accounts. records.
103.25 Reports of transactions with foreign 103.76 Enforcement of summons.
financial agencies. 103.77 Payment of expenses.
103.26 Reports of certain domestic coin and
currency transactions.
Subpart G—Administrative Rulings
103.27 Filing of reports. 103.80 Scope.
103.28 Identification required. 103.81 Submitting requests.
103.29 Purchases of bank checks and drafts, 103.82 Nonconforming requests.
cashier’s checks, money orders and trav- 103.83 Oral communications.
eler’s checks. 103.84 Withdrawing requests.
103.85 Issuing rulings.
Subpart C—Records Required To Be 103.86 Modifying or rescinding rulings.
Maintained 103.87 Disclosing information.
103.31 Determination by the Secretary. APPENDIX TO PART 103—ADMINISTRATIVE RUL-
INGS
103.32 Records to be made and retained by
persons having financial interests in for- AUTHORITY: 12 U.S.C. 1829b and 1951–1959; 31
eign financial accounts. U.S.C. 5311–5330.
103.33 Records to be made and retained by
SOURCE: 37 FR 6912, Apr. 5, 1972, unless oth-
financial institutions.
erwise noted.
103.34 Additional records to be made and re-
tained by banks.
103.35 Additional records to be made and re- Subpart A—Definitions
tained by brokers or dealers in securi-
ties. § 103.11 Meaning of terms.
103.36 Additional records to be made and re-
tained by casinos.
When used in this part and in forms
103.37 Additional records to be made and re- prescribed under this part, where not
tained by currency dealers or exchang- otherwise distinctly expressed or mani-
ers. festly incompatible with the intent
103.38 Nature of records and retention pe- thereof, terms shall have the meanings
riod. ascribed in this section.
103.39 Person outside the United States. (a) Accept. A receiving financial insti-
tution, other than the recipient’s fi-
Subpart D—Special Rules for Money nancial institution, accepts a trans-
Services Businesses mittal order by executing the trans-
103.41 Registration of money services busi- mittal order. A recipient’s financial in-
nesses. stitution accepts a transmittal order

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Monetary Offices, Treasury § 103.11

by paying the recipient, by notifying 1919, ch. 18, 41 Stat. 378, as amended (12
the recipient of the receipt of the order U.S.C. 611–32).
or by otherwise becoming obligated to (d) Beneficiary. The person to be paid
carry out the order. by the beneficiary’s bank.
(b) At one time. For purposes of § 103.23 (e) Beneficiary’s bank. The bank or
of this part, a person who transports, foreign bank identified in a payment
mails, ships or receives; is about to or order in which an account of the bene-
attempts to transport, mail or ship; or ficiary is to be credited pursuant to the
causes the transportation, mailing, order or which otherwise is to make
shipment or receipt of monetary in- payment to the beneficiary if the order
struments, is deemed to do so ‘‘at one does not provide for payment to an ac-
time’’ if: count.
(1) That person either alone, in con- (f) Broker or dealer in securities. A
junction with or on behalf of others; broker or dealer in securities, reg-
(2) Transports, mails, ships or re- istered or required to be registered
ceives in any manner; is about to with the Securities and Exchange Com-
transport, mail or ship in any manner; mission under the Securities Exchange
or causes the transportation, mailing, Act of 1934.
shipment or receipt in any manner of; (g) Common carrier. Any person en-
(3) Monetary instruments; gaged in the business of transporting
(4) Into the United States or out of individuals or goods for a fee who holds
the United States; himself out as ready to engage in such
(5) Totaling more than $10,000; transportation for hire and who under-
(6)(i) On one calendar day or (ii) if for takes to do so indiscriminately for all
the purpose of evading the reporting persons who are prepared to pay the fee
requirements of § 103.23, on one or more for the particular service offered.
days. (h) Currency. The coin and paper
(c) Bank. Each agent, agency, branch money of the United States or of any
or office within the United States of other country that is designated as
any person doing business in one or legal tender and that circulates and is
more of the capacities listed below: customarily used and accepted as a me-
(1) A commercial bank or trust com- dium of exchange in the country of
pany organized under the laws of any issuance. Currency includes U.S. silver
State or of the United States; certificates, U.S. notes and Federal Re-
(2) A private bank; serve notes. Currency also includes of-
(3) A savings and loan association or ficial foreign bank notes that are cus-
a building and loan association orga- tomarily used and accepted as a me-
nized under the laws of any State or of dium of exchange in a foreign country.
the United States; (i) [Reserved]
(4) An insured institution as defined (j) Deposit account. Deposit accounts
in section 401 of the National Housing include transaction accounts described
Act; in paragraph (q) of this section, savings
(5) A savings bank, industrial bank or accounts, and other time deposits.
other thrift institution; (k) Domestic. When used herein, refers
(6) A credit union organized under to the doing of business within the
the law of any State or of the United United States, and limits the applica-
States; bility of the provision where it appears
(7) Any other organization (except a to the performance by such institu-
money services business) chartered tions or agencies of functions within
under the banking laws of any state the United States.
and subject to the supervision of the (l) Established customer. A person with
bank supervisory authorities of a an account with the financial institu-
State; tion, including a loan account or de-
(8) A bank organized under foreign posit or other asset account, or a per-
law; son with respect to which the financial
(9) Any national banking association institution has obtained and maintains
or corporation acting under the provi- on file the person’s name and address,
sions of section 25(a) of the Act of Dec. as well as taxpayer identification num-
23, 1913, as added by the Act of Dec. 24, ber (e.g., social security or employer

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§ 103.11 31 CFR Ch. I (7–1–00 Edition)

identification number) or, if none, purposes of this part solely because its
alien identification number or passport gross annual gaming revenue exceeds
number and country of issuance, and to $1,000,000 during its current business
which the financial institution pro- year, shall not be considered a casino
vides financial services relying on that for purposes of this part prior to the
information. time in its current business year that
(m) Execution date. The day on which its gross annual gaming revenue ex-
the receiving financial institution may ceeds $1,000,000.
properly issue a transmittal order in (iii) Any reference in this part, other
execution of the sender’s order. The than in this paragraph (n)(7) and in
execution date may be determined by paragraph (n)(8) of this section, to a ca-
instruction of the sender but cannot be sino shall also include a reference to a
earlier than the day the order is re- card club, unless the provision in ques-
ceived, and, unless otherwise deter- tion contains specific language varying
mined, is the day the order is received. its application to card clubs or exclud-
If the sender’s instruction states a pay- ing card clubs from its application;
ment date, the execution date is the (6)(i) Card club. A card club, gaming
payment date or an earlier date on club, card room, gaming room, or simi-
which execution is reasonably nec- lar gaming establishment that is duly
essary to allow payment to the recipi- licensed or authorized to do business as
ent on the payment date. such in the United States, whether
(n) Financial institution. Each agent, under the laws of a State, of a Terri-
agency, branch, or office within the tory or Insular Possession of the
United States of any person doing busi- United States, or of a political subdivi-
ness, whether or not on a regular basis sion of any of the foregoing, or under
or as an organized business concern, in the Indian Gaming Regulatory Act or
one or more of the capacities listed other federal, state, or tribal law or ar-
below: rangement affecting Indian lands (in-
(1) A bank (except bank credit card cluding, without limitation, an estab-
systems); lishment operating on the assumption
(2) A broker or dealer in securities; or under the view that no such author-
(3) A money services business as de- ization is required for operation on In-
fined in paragraph (uu) of this section; dian lands for an establishment of such
(4) A telegraph company; type), and that has gross annual gam-
(5)(i) Casino. A casino or gambling ca- ing revenue in excess of $1,000,000. The
sino that: Is duly licensed or author- term includes the principal head-
ized to do business as such in the quarters and every domestic branch or
United States, whether under the laws place of business of the establishment.
of a State or of a Territory or Insular The term ‘‘casino,’’ as used in this Part
Possession of the United States, or shall include a reference to ‘‘card club’’
under the Indian Gaming Regulatory to the extent provided in paragraph
Act or other federal, state, or tribal (n)(7)(iii) of this section.
law or arrangement affecting Indian (ii) For purposes of this paragraph
lands (including, without limitation, a (n)(8), gross annual gaming revenue
casino operating on the assumption or means the gross revenue derived from
under the view that no such authoriza- or generated by customer gaming ac-
tion is required for casino operation on tivity (whether in the form of per-game
Indian lands); and has gross annual or per-table fees, however computed,
gaming revenue in excess of $1 million. rentals, or otherwise) and received by
The term includes the principal head- an establishment, during either the es-
quarters and every domestic branch or tablishment’s previous business year or
place of business of the casino. its current business year. A card club
(ii) For purposes of this paragraph that is a financial institution for pur-
(i)(7), ‘‘gross annual gaming revenue’’ poses of this Part solely because its
means the gross gaming revenue re- gross annual revenue exceeds $1,000,000
ceived by a casino, during either the during its current business year, shall
previous business year or the current not be considered a financial institu-
business year of the casino. A casino or tion for purposes of this Part prior to
gambling casino which is a casino for the time in its current business year

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Monetary Offices, Treasury § 103.11

when its gross annual revenue exceeds (1) Is issued in bearer or registered
$1,000,000; form;
(7) A person subject to supervision by (2) Is of a type commonly dealt in
any state or federal bank supervisory upon securities exchanges or markets
authority. or commonly recognized in any area in
(o) Foreign bank. A bank organized which it is issued or dealt in as a me-
under foreign law, or an agency, branch dium for investment;
or office located outside the United (3) Is either one of a class or series or
States of a bank. The term does not in- by its terms is divisible into a class or
clude an agent, agency, branch or of- series of instruments; and
fice within the United States of a bank (4) Evidences a share, participation
organized under foreign law. or other interest in property or in an
(p) Foreign financial agency. A person
enterprise or evidences an obligation of
acting outside the United States for a
the issuer.
person (except for a country, a mone-
tary or financial authority acting as a (u) Monetary instruments. (1) Mone-
monetary or financial authority, or an tary instruments include:
international financial institution of (i) Currency;
which the United States Government is (ii) Traveler’s checks in any form;
a member) as a financial institution, (iii) All negotiable instruments (in-
bailee, depository trustee, or agent, or cluding personal checks, business
acting in a similar way related to checks, official bank checks, cashier’s
money, credit, securities, gold, or a checks, third-party checks, promissory
transaction in money, credit, securi- notes (as that term is defined in the
ties, or gold. Uniform Commercial Code), and money
(q) Funds transfer. The series of trans- orders) that are either in bearer form,
actions, beginning with the origina- endorsed without restriction, made out
tor’s payment order, made for the pur- to a fictitious payee (for the purposes
pose of making payment to the bene- of § 103.23), or otherwise in such form
ficiary of the order. The term includes that title thereto passes upon delivery;
any payment order issued by the origi- (iv) Incomplete instruments (includ-
nator’s bank or an intermediary bank ing personal checks, business checks,
intended to carry out the originator’s official bank checks, cashier’s checks,
payment order. A funds transfer is third-party checks, promissory notes
completed by acceptance by the bene- (as that term is defined in the Uniform
ficiary’s bank of a payment order for Commercial Code), and money orders)
the benefit of the beneficiary of the signed but with the payee’s name omit-
originator’s payment order. Funds ted; and
transfers governed by the Electronic (v) Securities or stock in bearer form
Fund Transfer Act of 1978 (Title XX, or otherwise in such form that title
Pub. L. 95–630, 92 Stat. 3728, 15 U.S.C.
thereto passes upon delivery.
1693, et seq.), as well as any other funds
(2) Monetary instruments do not in-
transfers that are made through an
automated clearinghouse, an auto- clude warehouse receipts or bills of lad-
mated teller machine, or a point-of- ing.
sale system, are excluded from this def- (v) Originator. The sender of the first
inition. payment order in a funds transfer.
(r) Intermediary bank. A receiving (w) Originator’s bank. The receiving
bank other than the originator’s bank bank to which the payment order of
or the beneficiary’s bank. the originator is issued if the origi-
(s) Intermediary financial institution. A nator is not a bank or foreign bank, or
receiving financial institution, other the originator if the originator is a
than the transmittor’s financial insti- bank or foreign bank.
tution or the recipient’s financial insti- (x) Payment date. The day on which
tution. The term intermediary finan- the amount of the transmittal order is
cial institution includes an inter- payable to the recipient by the recipi-
mediary bank. ent’s financial institution. The pay-
(t) Investment security. An instrument ment date may be determined by in-
which: struction of the sender, but cannot be

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§ 103.11 31 CFR Ch. I (7–1–00 Edition)

earlier than the day the order is re- a beneficiary’s bank, except where the
ceived by the recipient’s financial in- beneficiary is a recipient’s financial in-
stitution and, unless otherwise pre- stitution.
scribed by instruction, is the date the (ee) Secretary. The Secretary of the
order is received by the recipient’s fi- Treasury or any person duly authorized
nancial institution. by the Secretary to perform the func-
(y) Payment order. An instruction of a tion mentioned.
sender to a receiving bank, transmitted (ff) Sender. The person giving the in-
orally, electronically, or in writing, to struction to the receiving financial in-
pay, or to cause another bank or for-
stitution.
eign bank to pay, a fixed or deter-
minable amount of money to a bene- (gg) Structure (structuring). For pur-
ficiary if: poses of section 103.53, a person struc-
(1) The instruction does not state a tures a transaction if that person, act-
condition to payment to the bene- ing alone, or in conjunction with, or on
ficiary other than time of payment; behalf of, other persons, conducts or
(2) The receiving bank is to be reim- attempts to conduct one or more trans-
bursed by debiting an account of, or actions in currency, in any amount, at
otherwise receiving payment from, the one or more financial institutions, on
sender; and one or more days, in any manner, for
(3) The instruction is transmitted by the purpose of evading the reporting
the sender directly to the receiving requirements under section 103.22 of
bank or to an agent, funds transfer sys- this part. ‘‘In any manner’’ includes,
tem, or communication system for but is not limited to, the breaking
transmittal to the receiving bank. down of a single sum of currency ex-
(z) Person. An individual, a corpora- ceeding $10,000 into smaller sums, in-
tion, a partnership, a trust or estate, a cluding sums at or below $10,000, or the
joint stock company, an association, a conduct of a transaction, or series of
syndicate, joint venture, or other unin- currency transactions, including trans-
corporated organization or group, an actions at or below $10,000. The trans-
Indian Tribe (as that term is defined in action or transactions need not exceed
the Indian Gaming Regulatory Act),
the $10,000 reporting threshold at any
and all entities cognizable as legal per-
single financial institution on any sin-
sonalities.
gle day in order to constitute struc-
(aa) Receiving bank. The bank or for-
eign bank to which the sender’s in- turing within the meaning of this defi-
struction is addressed. nition.
(bb) Receiving financial institution. (hh) Transaction account. Transaction
The financial institution or foreign fi- accounts include those accounts de-
nancial agency to which the sender’s scribed in 12 U.S.C. 461(b)(1)(C), money
instruction is addressed. The term re- market accounts and similar accounts
ceiving financial institution includes a that take deposits and are subject to
receiving bank. withdrawal by check or other nego-
(cc) Recipient. The person to be paid tiable order.
by the recipient’s financial institution. (ii) Transaction. (1) Except as pro-
The term recipient includes a bene- vided in paragraph (ii)(2) of this sec-
ficiary, except where the recipient’s fi- tion, transaction means a purchase,
nancial institution is a financial insti- sale, loan, pledge, gift, transfer, deliv-
tution other than a bank. ery, or other disposition, and with re-
(dd) Recipient’s financial institution. spect to a financial institution includes
The financial institution or foreign fi- a deposit, withdrawal, transfer between
nancial agency identified in a trans- accounts, exchange of currency, loan,
mittal order in which an account of the extension of credit, purchase or sale of
recipient is to be credited pursuant to
any stock, bond, certificate of deposit,
the transmittal order or which other-
or other monetary instrument or in-
wise is to make payment to the recipi-
ent if the order does not provide for vestment security, purchase or redemp-
payment to an account. The term re- tion of any money order, payment or
cipient’s financial institution includes order for any money remittance or

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Monetary Offices, Treasury § 103.11

transfer, or any other payment, trans- (3) The instruction is transmitted by


fer, or delivery by, through, or to a fi- the sender directly to the receiving fi-
nancial institution, by whatever means nancial institution or to an agent or
effected. communication system for transmittal
(2) For purposes of § 103.22, and other to the receiving financial institution.
provisions of this part relating solely (ll) Transmittor. The sender of the
to the report required by that section, first transmittal order in a transmittal
the term ‘‘transaction in currency’’ of funds. The term transmittor in-
shall mean a transaction involving the cludes an originator, except where the
physical transfer of currency from one transmittor’s financial institution is a
person to another. A transaction which financial institution or foreign finan-
is a transfer of funds by means of bank cial agency other than a bank or for-
check, bank draft, wire transfer, or eign bank.
other written order, and which does not (mm) Transmittor’s financial institu-
include the physical transfer of cur- tion. The receiving financial institu-
rency, is not a transaction in currency tion to which the transmittal order of
for this purpose. the transmittor is issued if the
(jj) Transmittal of funds. A series of transmittor is not a financial institu-
transactions beginning with the tion or foreign financial agency, or the
transmittor’s transmittal order, made transmittor if the transmittor is a fi-
for the purpose of making payment to nancial institution or foreign financial
the recipient of the order. The term in- agency. The term transmittor’s finan-
cludes any transmittal order issued by cial institution includes an originator’s
the transmittor’s financial institution bank, except where the originator is a
or an intermediary financial institu- transmittor’s financial institution
tion intended to carry out the other than a bank or foreign bank.
transmittor’s transmittal order. The (nn) United States. The States of the
term transmittal of funds includes a United States, the District of Colum-
funds transfer. A transmittal of funds bia, the Indian lands (as that term is
is completed by acceptance by the re- defined in the Indian Gaming Regu-
cipient’s financial institution of a latory Act), and the Territories and In-
transmittal order for the benefit of the sular Possessions of the United States.
recipient of the transmittor’s trans- (oo) Business day. Business day, as
mittal order. Funds transfers governed used in this part with respect to banks,
by the Electronic Fund Transfer Act of means that day, as normally commu-
1978 (Title XX, Pub. L. 95–630, 92 Stat. nicated to its depository customers, on
3728, 15 U.S.C. 1693, et seq.), as well as which a bank routinely posts a par-
any other funds transfers that are ticular transaction to its customer’s
made through an automated clearing- account.
house, an automated teller machine, or (pp) Postal Service. The United States
a point-of-sale system, are excluded Postal Service.
from this definition. (qq) FinCEN. FinCEN means the Fi-
(kk) Transmittal order. The term nancial Crimes Enforcement Network,
transmittal order includes a payment an office within the Office of the Under
order and is an instruction of a sender Secretary (Enforcement) of the Depart-
to a receiving financial institution, ment of the Treasury.
transmitted orally, electronically, or (rr) Indian Gaming Regulatory Act.
in writing, to pay, or cause another fi- The Indian Gaming Regulatory Act of
nancial institution or foreign financial 1988, codified at 25 U.S.C. 2701–2721 and
agency to pay, a fixed or determinable 18 U.S.C. 1166–68.
amount of money to a recipient if: (ss) State. The States of the United
(1) The instruction does not state a States and, wherever necessary to
condition to payment to the recipient carry out the provisions of this part,
other than time of payment; the District of Columbia.
(2) The receiving financial institu- (tt) Territories and Insular Possessions.
tion is to be reimbursed by debiting an The Commonwealth of Puerto Rico, the
account of, or otherwise receiving pay- United States Virgin Islands, Guam,
ment from, the sender; and the Commonwealth of the Northern

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§ 103.15 31 CFR Ch. I (7–1–00 Edition)

Mariana Islands, and all other terri- engages as a business in accepting cur-
tories and possessions of the United rency, or funds denominated in cur-
States other than the Indian lands and rency, and transmits the currency or
the District of Columbia. funds, or the value of the currency or
(uu) Money services business. Each funds, by any means through a finan-
agent, agency, branch, or office within cial agency or institution, a Federal
the United States of any person doing Reserve Bank or other facility of one
business, whether or not on a regular or more Federal Reserve Banks, the
basis or as an organized business con- Board of Governors of the Federal Re-
cern, in one or more of the capacities serve System, or both, or an electronic
listed in paragraphs (uu)(1) through funds transfer network; or
(uu)(6) of this section. Notwithstanding (B) Any other person engaged as a
the preceding sentence, the term
business in the transfer of funds.
‘‘money services business’’ shall not in-
(ii) Facts and circumstances; Limita-
clude a bank, nor shall it include a per-
son registered with, and regulated or tion. Whether a person ‘‘engages as a
examined by, the Securities and Ex- business’’ in the activities described in
change Commission or the Commodity paragraph (uu)(5)(i) of this section is a
Futures Trading Commission. matter of facts and circumstances.
(1) Currency dealer or exchanger. A Generally, the acceptance and trans-
currency dealer or exchanger (other mission of funds as an integral part of
than a person who does not exchange the execution and settlement of a
currency in an amount greater than transaction other than the funds trans-
$1,000 in currency or monetary or other mission itself (for example, in connec-
instruments for any person on any day tion with a bona fide sale of securities
in one or more transactions). or other property), will not cause a per-
(2) Check casher. A person engaged in son to be a money transmitter within
the business of a check casher (other the meaning of paragraph (uu)(5)(i) of
than a person who does not cash checks this section.
in an amount greater than $1,000 in (6) United States Postal Service. The
currency or monetary or other instru- United States Postal Service, except
ments for any person on any day in one with respect to the sale of postage or
or more transactions). philatelic products.
(3) Issuer of traveler’s checks, money or- (vv) Stored value. Funds or monetary
ders, or stored value. An issuer of trav- value represented in digital electronics
eler’s checks, money orders, or, stored format (whether or not specially
value (other than a person who does encrypted) and stored or capable of
not issue such checks or money orders storage on electronic media in such a
or stored value in an amount greater
way as to be retrievable and transfer-
than $1,000 in currency or monetary or
able electronically.
other instruments to any person on
any day in one or more transactions). [52 FR 11441, Apr. 8, 1987; 52 FR 12641, Apr. 17,
(4) Seller or redeemer of traveler’s 1987, as amended at 53 FR 777, Jan. 13, 1988;
checks, money orders, or stored value. A 53 FR 4138, Feb. 12, l988; 54 FR 3027, Jan. 23,
seller or redeemer of traveler’s checks, 1989; 54 FR 28418, July 6, 1989; 55 FR 20143,
money orders, or stored value (other May 15, 1990; 58 FR 13546, Mar. 12, 1993; 60 FR
228, Jan. 3, 1995; 61 FR 4331, Feb. 5, 1996; 61 FR
than a person who does not sell such
7055, Feb. 23, 1996; 61 FR 14249, 14385, Apr. 1,
checks or money orders or stored value 1996; 63 FR 1923, Jan. 13, 1998; 64 FR 45450,
in an amount greater than $1,000 in Aug. 20, 1999; 65 FR 13692, Mar. 14, 2000]
currency or monetary or other instru-
ments to or redeem such instruments
for an amount greater than $1,000 in Subpart B—Reports Required To
currency or monetary or other instru- Be Made
ments from, any person on any day in
one or more transactions). § 103.15 Determination by the Sec-
retary.
(5) Money transmitter—(i) In general.
Money transmitter: The Secretary hereby determines
(A) Any person, whether or not li- that the reports required by this sub-
censed or required to be licensed, who part have a high degree of usefulness in

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