United States Code

31 U.S.C. § 5312

Definitions and application

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Bills that would change it 38

  • HR 3633 Digital Asset Market Clarity Act Amends 5312(c)(1)(A), 5312(a)(3)(D) · introduced · 119th Congress
  • S 2400 Art Market Integrity Act Amends · introduced · 119th Congress
  • HR 3066 FINS Act Amends 5312(a) · introduced · 119th Congress
  • HR 4763 Financial Innovation and Technology for the 21st Century Act Amends · introduced · 118th Congress
  • HR 2799 Expanding Access to Capital Act of 2023 Amends · introduced · 118th Congress
  • HR 5745 Digital Asset Market Structure and Investor Protection Act Amends 5312(a)(3)(B), 5312(a) · introduced · 118th Congress
  • S 2281 Lummis-Gillibrand Responsible Financial Innovation Act Amends 5312(c)(1) · introduced · 118th Congress
  • HR 5410 ECASH Act Amends 5312(a)(3) · introduced · 118th Congress
  • HR 2590 Unlocking Capital for Small Businesses Act of 2023 Amends · introduced · 118th Congress
  • HR 2607 Improving Crowdfunding Opportunities Act Amends · introduced · 118th Congress
  • S 3967 Improving Crowdfunding Opportunities Act Amends · introduced · 117th Congress
  • HR 9478 Improving Crowdfunding Opportunities Act Amends · introduced · 117th Congress
  • S 4356 Lummis-Gillibrand Responsible Financial Innovation Act Amends 5312(c)(1) · introduced · 117th Congress
  • HR 8730 Digital Commodities Consumer Protection Act of 2022 Amends 5312(a)(2) · introduced · 117th Congress
  • HR 8998 Unlocking Capital for Small Businesses Act of 2022 Amends · introduced · 117th Congress
  • S 4760 Digital Commodities Consumer Protection Act of 2022 Amends 5312(a)(2) · introduced · 117th Congress
  • S 3922 Unlocking Capital for Small Businesses Act of 2022 Amends · introduced · 117th Congress
  • HR 7231 ECASH Act Amends 5312(a)(3) · introduced · 117th Congress
  • HR 4741 Digital Asset Market Structure and Investor Protection Act Amends 5312(a)(3)(B), 5312(a) · introduced · 117th Congress
  • HR 1786 Stop Tax Haven Abuse Act Amends 5312(a)(2) · introduced · 117th Congress
  • S 725 Stop Tax Haven Abuse Act Amends 5312(a)(2) · introduced · 117th Congress
  • S 2563 ILLICIT CASH Act Amends 5312(a)(2) · introduced · 116th Congress
  • HR 2514 Coordinating Oversight, Upgrading and Innovating Technology, and Examiner Reform Act of 2019 Amends 5312(a), 5312(a)(2) · introduced · 116th Congress
  • HR 2513 Corporate Transparency Act of 2019 Amends 5312(a), 5312(a)(2) · introduced · 116th Congress
  • HR 3768 Unlocking Capital for Small Businesses Act of 2019 Amends · introduced · 116th Congress
  • S 1889 TITLE Act Amends 5312(a)(2) · introduced · 116th Congress
  • HR 1712 Stop Tax Haven Abuse Act Amends 5312(a)(2) · introduced · 116th Congress
  • S 779 Stop Tax Haven Abuse Act Amends 5312(a)(2) · introduced · 116th Congress
  • HR 5886 Illicit Art and Antiquities Trafficking Prevention Act Amends 5312(a)(2) · introduced · 115th Congress
  • S 1454 TITLE Act Amends 5312(a)(2) · introduced · 115th Congress
  • S 2192 SECURE Act of 2017 Amends 5312(a)(2)(K), 5312(a)(3)(B) · introduced · 115th Congress
  • S 1241 Combating Money Laundering, Terrorist Financing, and Counterfeiting Act of 2017 Amends 5312(a) · introduced · 115th Congress
  • S 1757 Building America's Trust Act Amends 5312(a)(2)(K), 5312(a)(3)(B) · introduced · 115th Congress
  • S 1717 Corporate Transparency Act of 2017 Amends 5312(a)(2) · introduced · 115th Congress
  • HR 10 Financial CHOICE Act of 2017 Amends 5312(c) · introduced · 115th Congress
  • HR 3089 Corporate Transparency Act of 2017 Amends 5312(a)(2) · introduced · 115th Congress
  • S 851 Stop Tax Haven Abuse Act Amends 5312(a)(2) · introduced · 115th Congress
  • HR 1932 Stop Tax Haven Abuse Act Amends 5312(a)(2) · introduced · 115th Congress

The law today

From the official United States Code, current through Public Law 119-121.

(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, 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. (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, or a business engaged in the exchange of currency, funds, or value that substitutes for currency or funds; (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 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; (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; (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 (D) as the Secretary shall provide by regulation, value that substitutes for any monetary instrument described in subparagraph (A), (B), or (C). (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.
Official text at uscode.house.gov ↗