31 U.S.C. § 5312 : US Code - Section 5312: Definitions and application

Search 31 U.S.C. § 5312 : US Code - Section 5312: Definitions and application

(a) In this subchapter -
(1) "financial agency" 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, or a transaction in money, credit, securities,
or gold.
(2) "financial institution" means -
(A) an insured bank (as defined in section 3(h) of the
Federal Deposit Insurance Act (12 U.S.C. 1813(h)));
(B) a commercial bank or trust company;
(C) a private banker;
(D) an agency or branch of a foreign bank in the United
States;
(E) any credit union;
(F) a thrift institution;
(G) a broker or dealer registered with the Securities and
Exchange Commission under the Securities Exchange Act of 1934
(15 U.S.C. 78a et seq.);
(H) a broker or dealer in securities or commodities;
(I) an investment banker or investment company;
(J) a currency exchange;
(K) an issuer, redeemer, or cashier of travelers' checks,
checks, money orders, or similar instruments;
(L) an operator of a credit card system;
(M) an insurance company;
(N) a dealer in precious metals, stones, or jewels;
(O) a pawnbroker;
(P) a loan or finance company;
(Q) a travel agency;
(R) a licensed sender of money or any other person who
engages as a business in the transmission of funds, 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;
(S) a telegraph company;
(T) a business engaged in vehicle sales, including
automobile, airplane, and boat sales;
(U) persons involved in real estate closings and settlements;
(V) the United States Postal Service;
(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;
(X) a casino, gambling casino, or gaming establishment with
an annual gaming revenue of more than $1,000,000 which -
(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
(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);
(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
(Z) any other business designated by the Secretary whose cash
transactions have a high degree of usefulness in criminal, tax,
or regulatory matters.
(3) "monetary instruments" means -
(A) United States coins and currency;
(B) as the Secretary may prescribe by regulation, coins and
currency of a foreign country, travelers' checks, bearer
negotiable instruments, bearer investment securities, bearer
securities, stock on which title is passed on delivery, and
similar material; and
(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.
(4) Nonfinancial trade or business. - The term "nonfinancial
trade or business" 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.
(5) "person", in addition to its meaning under section 1 of
title 1, includes a trustee, a representative of an estate and,
when the Secretary prescribes, a governmental entity.
(6) "United States" 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.
(b) In this subchapter -
(1) "domestic financial agency" and "domestic financial
institution" apply to an action in the United States of a
financial agency or institution.
(2) "foreign financial agency" and "foreign financial
institution" apply to an action outside the United States of a
financial agency or institution.
(c) Additional Definitions. - For purposes of this subchapter,
the following definitions shall apply:
(1) (!1) Certain institutions included in definition. - The
term "financial institution" (as defined in subsection (a))
includes the following:
(A) (!2) Any futures commission merchant, commodity trading
advisor, or commodity pool operator registered, or required to
register, under the Commodity Exchange Act.