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The FinCEN Form 105 is a crucial document required for anyone involved in the international transportation of currency or monetary instruments. This form must be filed by individuals who are either physically transporting, mailing, or shipping amounts exceeding $10,000, whether they are departing from or entering the United States. Various sections of the form gather essential information, including personal identification details, the nature of the transaction, and the specific type and amounts of currency involved. The form serves not only to track significant financial movements across borders but also to prevent money laundering and other financial crimes. Both residents and non-residents must comply with these requirements, ensuring that all necessary parts are completed accurately. Penalties for failing to file or for submitting false information can be severe, underscoring the importance of understanding and adhering to these regulations. Addressing the intricacies of the completion process and the implications of non-compliance will provide clarity for individuals navigating this necessary legal obligation.

Form Sample

FinCEN Form 105

July 2017

Department of the Treasury FinCEN

Please type or print.

DEPARTMENT OF THE TREASURY

FINANCIAL CRIMES ENFORCEMENT NETWORK

REPORT OF INTERNATIONAL TRANSPORTATION OF CURRENCY OR MONETARY INSTRUMENTS

OMB NO. 1506-0014

To be filed with the Bureau of Customs and Border Protection

For Paperwork Reduction Act Notice and Privacy Act Notice, see back of form.

31 U.S.C. 5316; 31 CFR 1010.340 and 1010.306

P A R T I

FOR A PERSON DEPARTING OR ENTERING THE UNITED STATES, OR A PERSON SHIPPING, MAILING, OR RECEIVING CURRENCY OR MONETARY INSTRUMENTS. (IF ACTING FOR ANYONE ELSE, ALSO COMPLETE PART II BELOW.)

1. NAME (Last or family, first, and middle)

2. IDENTIFICATION NO. (See instructions)

3. DATE OF BIRTH (Mo./Day/Yr.)

 

 

 

 

 

 

 

 

 

 

4. PERMANENT ADDRESS IN UNITED STATES OR ABROAD

 

5. YOUR COUNTRY OR COUNTRIES OF

 

 

CITIZENSHIP

6. ADDRESS WHILE IN THE UNITED STATES

7. PASSPORT NO. & COUNTRY

8.U.S. VISA DATE (Mo./Day/Yr.)

9. PLACE UNITED STATES VISA WAS ISSUED

10. IMMIGRATION ALIEN NO.

11. IF CURRENCY OR MONETARY INSTRUMENT IS ACCOMPANIED BY A PERSON, COMPLETE 11a OR 11b, not both

A. EXPORTED FROM THE UNITED STATES

COMPLETE “A” OR “B” NOT BOTH

B. IMPORTED INTO THE UNITED STATES

Departed From: (U.S. Port/City in U.S.)

Arrived At: (Foreign City/Country)

Departed From: (Foreign City/Country)

Arrived At: (City in U.S.)

12. IF CURRENCY OR MONETARY INSTRUMENT WAS MAILED OR OTHERWISE SHIPPED, COMPLETE 12a THROUGH 12f

12a. DATE SHIPPED (Mo./Day/Yr.)

12b. DATE RECEIVED (Mo./Day/Yr.)

12c. METHOD OF SHIPMENT (e.g. u.s. Mail, Public Carrier, etc.)

12d. NAME OF CARRIER

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

12e. SHIPPED TO (Name and Address)

 

 

 

 

 

 

 

 

 

 

 

12f. RECEIVED FROM (Name and Address)

 

 

P A R T II

INFORMATION ABOUT PERSON(S) OR BUSINESS ON WHOSE BEHALF IMPORTATION OR EXPORTATION WAS CONDUCTED

13.NAME (Last or family, first, and middle or Business Name)

14.PERMANENT ADDRESS IN UNITED STATES OR ABROAD

15. TYPE OF BUSINESS ACTIVITY, OCCUPATION, OR PROFESSION

15a. IS THE BUSINESS A BANK?

YesNo

P A R T III

CURRENCY AND MONETARY INSTRUMENT INFORMATION (SEE INSTRUCTIONS ON REVERSE)(To be completed by everyone)

16. TYPE AND AMOUNT OF CURRENCY/MONETARY INSTRUMENTS

 

17. IF OTHER THAN U.S. CURRENCY

 

IS INVOLVED, PLEASE COMPLETE

 

 

 

Currency and Coins

$

BLOCKS A AND B.

A. Currency Name

 

 

Other Monetary Instruments

$

 

(Specify type, issuing entity and date, and serial or other identifying number.)

 

 

 

 

B. Country

(TOTAL)

$

 

 

 

 

 

 

 

P A R T IV

SIGNATURE OF PERSON COMPLETING THIS REPORT

 

 

 

 

 

 

Under penalties of perjury, I declare that I have examined this report, and to the best of my knowledge and belief it is true, correct and complete.

18. NAME AND TITLE (Print)

19. SIGNATURE

20.DATE OF REPORT (Mo./Day/Yr.)

CUSTOMS AND BORDER PROTECTION USE ONLY

THIS SHIPMENT IS

INBOUND

OUTBOUND

PORT CODE

 

CBP QUERY?

COUNT VERIFIED

VOLUNTARY

 

 

Yes

No

 

 

REPORT

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

No

Yes

No

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DATE

AIRLINE/FLIGHT/VESSEL

 

LICENSE PLATE

 

INSPECTOR (Name and Badge Number)

 

 

 

STATE/COUNTRY

NUMBER

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FinCEN FORM 105

GENERAL INSTRUCTIONS

This report is required by 31 U.S.C. 5316 and Treasury Department regulations (31 CFR Chapter X).

WHO MUST FILE:

(1)Each person who physically transports, mails, or ships, or causes to be physically transported, mailed, or shipped currency or other monetary instruments in an aggregate amount exceeding $10,000 at one time from the United States to any place outside the United States or into the United States from any place outside the United States, and

(2)Each person who receives in the United States currency or other monetary instruments In an aggregate amount exceeding $10,000 at one time which have been transported, mailed, or shipped to the person from any place outside the United States.

A TRANSFER OF FUNDS THROUGH NORMAL BANKING PROCEDURES, WHICH DOES NOT INVOL VE THE PHYSICAL TRANSPORTATION OF CURRENCY OR MONETARY INSTRUMENTS, IS NOT REQUIRED TO BE REPORTED.

Exceptions: Reports are not required to be filed by:

(1)a Federal Reserve bank,

(2)a bank, a foreign bank, or a broker or dealer in securities in respect to currency or other monetary instruments mailed or shipped through the postal service or by common carrier,

(3)a commercial bank or trust company organized under the laws of any State or of the United States with respect to overland shipments of currency or monetary instruments shipped to or received from an established customer maintaining a deposit relationship with the bank, in amounts which the bank may reasonably conclude do not exceed amounts commensurate with the customary conduct of the business, industry, or profession of the customer concerned,

(4)a person who is not a citizen or resident of the United States in respect to currency or other monetary instruments mailed or shipped from abroad to a bank or broker or dealer in securities through the postal service or by common carrier,

(5)a common carrier of passengers in respect to currency or other monetary instruments in the possession of its passengers,

(6)a common carrier of goods in respect to shipments of currency or monetary instruments not declared to be such by the shipper,

(7)a travelers’ check issuer or its agent in respect to the transportation of travelers’ checks prior to their delivery to selling agents for eventual sale to the public,

(8)a person with a restrictively endorsed traveler’s check that is in the collection and reconciliation process after the traveler’s check has been negotiated, nor by

(9)a person engaged as a business in the transportation of currency, monetary instruments and other commercial papers with respect to the transportation of currency or other monetary instruments overland between established offices of banks or brokers or dealers in securities and foreign persons.

WHEN AND WHERE TO FILE:

A. Recipients—Each person who receives currency or other monetary instruments in the United States shall file FinCEN Form 105, within 15 days after receipt of the currency or monetary instruments, with the Customs officer in charge at any port of entry or departure or by mail addressed to: Attn: CMIR, Passenger Systems Directorate #1256, CBP, 7375 Boston Blvd., DHS, VA 20598-1256

B. Shippers or Mailers— lf the currency or other monetary instrument does not accompany the person entering or departing the United States, FinCEN Form 105 may be filed by mail on or before the date of entry, departure, mailing, or shipping addressed to: Attn: CMIR, Passenger Systems Directorate #1256, CBP, 7375, Boston Blvd., DHS, VA 20598-1256

C. Travelers— Travelers carrying currency or other monetary instruments with them shall file FinCEN Form 105 at the time of entry into the United States or at the time of departure from the United States with the Customs officer in charge at any Customs port of entry or departure.

An additional report of a particular transportation, mailing, or shipping of currency or the monetary instruments is not required if a complete and truthful report has already been filed. However, no person otherwise required to file a report shall be excused from liability for failure to do so if, in fact, a complete and truthful report has not been filed. Forms may be obtained from any Bureau of Customs and Border Protection office.

PENALTIES: Civil and criminal penalties, including under certain circumstances a fine of not more than $500,000 and Imprisonment of not more than ten years, are provided for failure to file a report, filing a report containing a material omission or misstatement, or filing a false or fraudulent report. In addition, the currency or monetary instrument may be subject to seizure and forfeiture. See 31 U.S.C.5321 and 31 CFR 1010.820; 31 U.S.C. 5322 and 31 CFR 1010.840; 31 U.S.C. 5317 and 31 CFR 1010.830, and U.S.C. 5332.

DEFINITIONS:

Bank—Each agent, agency, branch or office within the United States of any person doing business in one or more of the capacities listed: (1) a commercial bank or trust company organized under the laws of any State or of the United States; (2) a private bank; (3) a savings association, savings and loan association, and building and loan

association organized under the laws of any State or of the United States; (4) an insured institution as defined in section 401 of the National Housing Act; (5) a savings bank, industrial bank or other thrift institution; (6) a credit union organized under the laws of any State or of the United States; (7) any other organization chartered under the banking laws of any State and subject to the supervision of the bank supervisory authorities of a State other than a money service business; (8) a bank organized under foreign law; and (9) any national banking association or corporation acting under the provisions of section 25A of the Federal Reserve Act (12 U.S.C. Sections 611-632).

Foreign Bank—A bank organized under foreign law, or an agency, branch or office located outside the United States of a bank. The term does not include an agent, agency, branch or office within the United States of a bank organized under foreign law.

Broker or Dealer in Securities— A broker or dealer in securities, registered or required to be registered with the Securities and Exchange Commission under the Securities Exchange Act of 1934.

Currency: The coin and paper money of the United States or any other country that is (1) designated as legal tender and that (2) circulates and (3) is customarily accepted as a medium of exchange in the country of issuance.

Identification Number—Individuals must enter their social security number, if any. However, aliens who do not have a social security number should enter passport or alien registration number. All others should enter their employer identification number.

Monetary Instruments— (1) Coin or currency of the United States or of any other country, (2) traveler’s checks in any form, (3) negotiable instruments (including checks, promissory notes, and money orders) in bearer form, endorsed without restriction, made out to a fictitious payee, or otherwise in such form that title thereto passes upon delivery, (4) incomplete instruments (including checks, promissory notes, and money orders) that are signed but on which the name of the payee has been omitted, and (5) securities or stock in bearer form or otherwise in such form that title thereto passes upon delivery. Monetary instruments do not include (i) checks or money orders made payable to the order of a named person which have not been endorsed or which bear restrictive endorsements, (ii) warehouse receipts, or (iii) bills of lading.

Person—An individual, a corporation, partnership, a trust or estate, a joint stock company, an association, a syndicate, joint venture or other unincorporated organization or group, an Indian Tribe (as that term is defined in the Indian Gaming Regulatory Act), and all entities cognizable as legal personalities.

SPECIAL INSTRUCTIONS:

You should complete each line that applies to you.PART I. — Complete 11A or 11B, not both. Block 12A and 12B; enter the exact date you shipped or received currency or monetary instrument(s). PART II. -Block 13; provide the complete name of the shipper or recipient on whose behalf the exportation or importation was conducted. PART III. — Specify type of instrument, issuing entity , and date, serial or other identifying number, and payee (if any). Block 17, if currency or monetary instruments of more than one country is involved, attach a list showing each type, country or origin and amount.

PRIVACY ACTAND PAPERWORK REDUCTION ACT NOTICE:

Pursuant to the requirements of Public law 93-579 (Privacy Act of 1974), notice is hereby given that the authority to collect information on Form 105 in accordance with 5 U.S.C. 552a(e)(3) is Public law 91-508; 31 U.S.C. 5316; 5 U.S.C. 301; Reorganization Plan No.1 of 1950; Treasury Department Order No. 165, revised, as amended; 31 CFR Chapter X; and 44 U.S.C. 3501.

The principal purpose for collecting the information is to assure maintenance of reports or records where such reports or records have a high degree of usefulness in criminal, tax, or regulatory investigations or proceedings. The information collected may be provided to those officers and employees of the Bureau of Customs and Border Protection and any other constituent unit of the Department of the Treasury who have a need for the records in the performance of their duties. The records may be referred to any other department or agency of the Federal Government upon the request of the head of such dep artment or agency. The information collected may also be provided to appropriate state, local, and foreign criminal law enforcement and regulatory personnel in the performance of their official duties.

Disclosure of this information is mandatory pursuant to 31 U.S.C. 5316 and 31 CFR Chapter X. Failure to provide all or any part of the requested information may subject the currency or monetary instruments to seizure and forfeiture, as well as subject the individual to civil and criminal liabilities.

Disclosure of the social security number is mandatory . The authority to collect this number is 31 U.S.C. 5316(b) and 31 CFR 1010.306(d). The social security number will be used as a means to identify the individual who files the record.

An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The collection of this information is mandatory pursuant to 31 U.S.C. 5316, of Title

IIof the Bank Secrecy Act, which is administered by Treasury’s Financial Crimes Enforcement Network (FINCEN).

Statement required by 5 CFR 1320.8(b)(3)(iii): The estimated average burden associated with this collection of information is 11 minutes per respondent or record keeper depending on individual circumstances. Comments concerning the accuracy of this burden estimate and suggestions for reducing this burden should be directed to the Department of the Treasury, Financial Crimes Enforcement Network, P.O. Box 39 Vienna, Virginia 22183. DO NOT send completed forms to this office—See When and WhereoT File above.

FinCEN FORM 105

Document Specifications

Fact Name Details
Purpose of FinCEN 105 This form is used to report the international transportation of currency or monetary instruments exceeding $10,000.
Governing Law Regulated under 31 U.S.C. 5316 and 31 CFR 1010.340 and 1010.306.
Who Must File Anyone transporting, mailing, or shipping more than $10,000 in currency or monetary instruments must file this form.
Exceptions Certain entities, such as banks and foreign banks under specific conditions, do not need to file.
Filing Deadline for Recipients Recipients must file the form within 15 days of receiving the currency or monetary instruments.
Filing Location The form can be filed with the Customs officer at any port of entry or by mail to designated CBP addresses.
Consequences of Non-Compliance Failure to file or filing false information may lead to civil and criminal penalties, including fines and imprisonment.
Privacy Considerations Compliance with the Privacy Act ensures the information collected is handled securely and used for regulatory purposes.
Estimated Completion Time It typically takes around 11 minutes to complete the form based on individual circumstances.
Personal Identifiers Individuals must provide their identification number, which can be a social security number or passport number.

Steps to Filling Out Fincen 105

Completing the FinCEN Form 105 is essential for reporting the transportation of currency or monetary instruments exceeding $10,000. The following steps provide a clear guideline on how to fill out the form effectively.

  1. Obtain the Form: Access the FinCEN Form 105. This can be done online or at any Bureau of Customs and Border Protection office.
  2. Write Your Name: In Part I, enter your full name, including last name, first name, and middle name.
  3. Enter Your Identification Number: Provide your Social Security number, alien registration number, or employer identification number, as appropriate.
  4. Indicate Your Date of Birth: Fill in your date of birth in the format Month/Day/Year.
  5. Provide Your Permanent Address: Include your permanent address, whether in the U.S. or abroad. Ensure accuracy.
  6. List Your Citizenship: State your country or countries of citizenship.
  7. Address While in the U.S.: Enter your address while you are in the United States.
  8. Enter Passport Details: Input your passport number and the country that issued it.
  9. U.S. Visa Information: Provide your U.S. visa date and the place where it was issued.
  10. Alien Registration Number: If applicable, enter your immigration alien number.
  11. Complete the Currency Information: If you are accompanied by currency or monetary instruments, fill out either section 11a for export or 11b for import, but not both.
  12. Complete Shipping Information: If the currency or monetary instrument was mailed, fill out questions 12a to 12f, including shipping date, method, and names and addresses related to the shipment.
  13. Part II Information: If acting on behalf of another person or business, complete this section by entering the name, permanent address, type of business, and whether the business is a bank.
  14. Currency and Monetary Instruments: In Part III, specify the type and amount of currency or instruments being reported. Include details for each type, and provide a total amount.
  15. Sign the Report: In Part IV, print your name and title, sign the report, and enter the date of the report.

After completing the form, be sure to file it appropriately as described in the instructions. This may involve submitting the form at the time of entry or mailing it to the designated address. Ensure that the form is submitted timely to comply with reporting requirements.

More About Fincen 105

What is the FinCEN Form 105?

The FinCEN Form 105 is a report required by the U.S. Department of the Treasury. It records the international transportation of currency or monetary instruments when amounts exceed $10,000. This form is filed with the Bureau of Customs and Border Protection and helps in monitoring transactions for anti-money laundering purposes.

Who must file the FinCEN Form 105?

Anyone physically transporting, mailing, or shipping currency or monetary instruments in amounts exceeding $10,000 must file this form. This requirement also extends to individuals who receive such amounts that have been transported from outside the United States. However, there are exceptions, including certain banks or financial institutions.

When should the FinCEN Form 105 be filed?

The filing timeline depends on the situation. If you're a recipient of currency, submit the form within 15 days of receiving it. If you're mailing or shipping, ensure to do so on or before the date of departure. If you're traveling with the funds, file the report at the time of entry or departure with a Customs officer.

What happens if I don't file the FinCEN Form 105?

Failure to file can lead to severe consequences. Individuals may face civil and criminal penalties, including fines of up to $500,000 or imprisonment for up to ten years. Moreover, any unreported currency or monetary instruments could be subject to seizure and forfeiture.

What information is required on the FinCEN Form 105?

You'll need to provide personal details, including your name, date of birth, and country of citizenship. Additionally, specify the type and amount of currency or instruments being transported. If you're acting on behalf of someone else, their information also needs to be included.

Can I submit the FinCEN Form 105 online?

No, currently, the form must be filed either in person at a Customs port or by mail. Ensure that your submission reaches the designated address to avoid any penalties. Always check for the latest updates or options as electronic submission methods could change.

Is there any assistance available for completing the FinCEN Form 105?

Yes, guidance is typically available through the Bureau of Customs and Border Protection and on the FinCEN website. It's advisable to review the general instructions provided with the form to ensure accurate completion. Seeking help in filling out the form is a smart move if you're unsure about any part.

What should I do if I realize I've made a mistake on my FinCEN Form 105?

If you discover an error after filing the form, it's crucial to correct it as soon as possible to mitigate any potential issues. You may need to file an amended form or notify the relevant authorities. Keeping good records and noting any discrepancies can help clarify the situation.

Common mistakes

  1. Incomplete Information: Individuals often neglect to fill out all required fields. Ensure every applicable line in the form is filled completely to avoid processing delays.

  2. Missing Signatures: Skipping the signature section is a common error. The report must be signed by the person completing it, affirming the accuracy of the information provided.

  3. Incorrect Dates: Dates of birth and shipment can be problematic if entered incorrectly. Validate all dates before submission to prevent complications.

  4. Improper Part Completion: Some individuals mistakenly fill out both Part 11A and Part 11B instead of choosing only one. This can lead to confusion and potential rejection of the form.

  5. Providing Inaccurate Identification Numbers: Individuals sometimes enter incorrect Social Security numbers or fail to include required identification numbers. Verify this information beforehand.

  6. Failure to Specify Currency Types: When dealing with multiple currencies or monetary instruments, not providing a detailed list fails to meet requirements. Always include specifics such as type, country of origin, and amount.

  7. Incorrect Address Information: People may provide outdated or incomplete addresses. Ensure that all residential and mailing addresses are accurate and up-to-date.

  8. Neglecting to Include Required Attachments: In cases where multiple currencies are involved, additional lists must accompany the form. This requirement is often overlooked.

  9. Not Meeting Submission Deadlines: Failing to submit the report within the required timeframe can lead to penalties. Familiarize yourself with the submission deadlines for the report.

Documents used along the form

The FinCEN Form 105 is a crucial document for reporting the transportation of large amounts of currency or monetary instruments across U.S. borders. Various other forms and documents often accompany it, ensuring compliance with regulatory obligations and facilitating proper reporting. Below is a list of documents that may be pertinent when submitting the FinCEN Form 105.

  • FinCEN Form 114 (FBAR): This form is used to report foreign bank accounts and financial interests to the Financial Crimes Enforcement Network. It is mandatory for U.S. citizens and residents with foreign accounts exceeding $10,000 in total value.
  • Customs Declaration Form (CBP 6059B): Travelers entering or leaving the United States must complete this form to declare items they are bringing into the country, including currency and other valuables.
  • Income Tax Returns (IRS Form 1040): Depending on the source of funds being transported, income tax documents may be necessary to verify the origin of funds during customs checks.
  • Business Licenses: If the currency is being transported on behalf of a business, valid business licenses may be required to confirm the legitimacy of the enterprise and its activities.
  • Bank Statements: Current bank statements can be requested to demonstrate the account's activity and to support the declaration of the carried currency or monetary instruments.
  • Import/Export Licenses: These licenses may be necessary for specific types of monetary instruments, ensuring compliance with U.S. trade regulations.
  • Proof of Funds Documentation: This may include letters from banks or financial institutions certifying ownership and origin of the funds being transported.
  • Power of Attorney Documents: If someone is acting on behalf of another person in transporting funds, they may need to provide a power of attorney to verify their authority.
  • Documentation of Currency Exemption: In some scenarios, travelers may possess documentation proving an exemption from reporting requirements under certain regulations.

Understanding the various forms and documents associated with the FinCEN Form 105 can help ensure compliance and streamline the transportation process for currency and monetary instruments. Proper documentation is essential for navigating regulatory requirements effectively.

Similar forms

The FinCEN Form 105 operates similarly to the IRS Form 8300, which is used to report cash payments over $10,000 received in a trade or business. Just like Form 105, Form 8300 serves to track large amounts of cash to deter money laundering and other financial crimes. While Form 105 focuses on currency transported across borders, Form 8300 is concerned with transactions within the United States, ensuring that businesses report large cash deals to the government, thereby increasing transparency in financial activities.

Another document resembling the FinCEN Form 105 is the Currency Transaction Report (CTR). Financial institutions file the CTR for cash transactions exceeding $10,000. It serves the same purpose of monitoring transactions that could be indicative of criminal activity. Both forms demand detailed information about the individual or entity, the amount involved, and the nature of the transaction, reinforcing the regulatory framework aimed at preventing illicit financial activities.

The Suspicious Activity Report (SAR) shares a similar intent with the FinCEN Form 105 but addresses a different scenario. A SAR is filed when a financial institution detects suspicious behavior potentially indicating illegal activities. While Form 105 focuses on large sums of cash entering or exiting the country, a SAR targets unusual patterns or transactions that could suggest fraud, money laundering, or terrorist financing, thus providing a broader safety net in financial monitoring.

Also akin to Form 105, the Report of Foreign Bank and Financial Accounts (FBAR) requires U.S. citizens to report foreign accounts exceeding $10,000. Like Form 105, FBAR reports aim to keep track of significant assets that could be utilized for illegal purposes. Both documents form part of a larger strategy designed to combat tax evasion and ensure that Americans report assets held overseas, whichever form they take.

The Treasury Department's Form 114, used in conjunction with the FBAR, specifically deals with foreign financial accounts and is similar to the FinCEN Form 105. This form also mandates disclosure of financial information, emphasizing the necessity of transparency regarding foreign assets. Much like Form 105, Form 114 emphasizes accountability, ensuring that citizens comply with tax laws and contribute to the financial integrity of the nation.

Lastly, the Bank Secrecy Act (BSA) Reporting forms also reflect certain similarities to Form 105. The BSA requires financial institutions to report various forms of transactions, including structuring, or any attempts to evade reporting requirements. Much like Form 105, these reports aim to identify and prevent financial crimes. Both forms promote accountability and aid in combating illicit funding sources by ensuring that large sums are monitored adequately within both domestic and international contexts.

Dos and Don'ts

When filling out the FinCEN Form 105, it is important to follow specific guidelines to ensure accuracy and compliance. Below is a list of things you should and shouldn't do:

  • Do complete every line that applies to you to provide thorough information.
  • Do print the form clearly or type your responses to avoid misinterpretation.
  • Do submit the form within the required 15 days after receiving or shipping currency or monetary instruments.
  • Do ensure to select either Part I 11A or 11B, but not both.
  • Do specify the type of monetary instruments and provide their necessary details in Part III.
  • Don't leave any boxes blank; if specific information does not apply, indicate so clearly.
  • Don't submit a form without double-checking it for any errors or omissions.
  • Don't forget to sign and date the form as the final step to validate your submission.
  • Don't assume that verbal communication with customs officers fulfills your reporting requirements.
  • Don't submit the form to any office other than the designated customs officer or mailing address.

Misconceptions

There are several misconceptions about the FinCEN Form 105, which is essential for reporting the international transportation of currency or monetary instruments. Here are six of the most common misunderstandings:

  • Misconception 1: Only travelers need to file this form.
  • This is incorrect. While individuals transporting currency must report, the obligation also extends to anyone mailing or shipping money exceeding $10,000, irrespective of their travel status.

  • Misconception 2: Filing the form is optional.
  • This misconception could lead to serious consequences. Filing this form is mandatory when transporting more than $10,000 in currency or monetary instruments. Failure to file can result in severe penalties.

  • Misconception 3: There is no need to report smaller amounts.
  • A common mistake is assuming that amounts below $10,000 are exempt from reporting criteria. However, multiple transactions that cumulatively exceed this amount may still require a report.

  • Misconception 4: Postal services do not require reporting.
  • This belief is misleading. Any person mailing currency or monetary instruments over $10,000 is required to file this form, regardless of the shipping method used.

  • Misconception 5: Only U.S. citizens must file.
  • This is not accurate. Anyone, including non-U.S. citizens, who enters or departs the U.S. with currency or monetary instruments over the threshold must file the form.

  • Misconception 6: The information on the form is private and will not be shared.
  • In reality, the information collected is not only mandatory but can be shared between agencies for regulatory purposes. Individuals should be aware that disclosure requirements exist.

Key takeaways

FinCEN Form 105 is crucial for reporting the international transportation of currency or monetary instruments, particularly if the amount exceeds $10,000.

  • Complete the Form 105 if you physically transport, mail, or ship currency exceeding $10,000.
  • The form must be filed within 15 days after receiving currency or monetary instruments in the U.S.
  • Provide accurate identification details, such as your name, date of birth, and identification number.
  • Indicate whether the currency was exported from or imported into the U.S. by filling out the relevant sections.
  • Failure to file the report can lead to severe penalties, including fines and potential imprisonment.
  • If applicable, attach detailed lists for multiple types of currency or instruments involved.