[Code of Federal Regulations]
[Title 31, Volume 1]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 31CFR103.37]

[Page 352-353]
 
                  TITLE 31--MONEY AND FINANCE: TREASURY
 
                      CHAPTER I--MONETARY OFFICES,
                       DEPARTMENT OF THE TREASURY
 
PART 103--FINANCIAL RECORDKEEPING AND REPORTING OF CURRENCY AND FOREIGN TRANSACTIONS--Table of Contents
 
              Subpart C--Records Required To Be Maintained
 
Sec. 103.37  Additional records to be made and retained by currency dealers or exchangers.

    (a)(1) After July 7, 1987, each currency dealer or exchanger shall 
secure and maintain a record of the taxpayer identification number of 
each person for whom a transaction account is opened or a line of credit 
is extended within 30 days after such account is opened or credit line 
extended. Where a person is a non-resident alien, the currency dealer or 
exchanger shall also record the person's passport number or a 
description of some other government document used to verify his 
identity. Where the account or credit line is in the names of two or 
more persons, the currency dealer or exchanger shall secure the taxpayer 
identification number of a person having a financial interest in the 
account or credit line. In the event that a currency dealer or exchanger 
has been unable to secure the identification required within the 30-day 
period specified, it shall nevertheless not be deemed to be in violation 
of this section if:
    (i) It has made a reasonable effort to secure such identification, 
and
    (ii) It maintains a list containing the names, addresses, and 
account or credit line numbers of those persons from whom it has been 
unable to secure such identification, and makes the names, addresses, 
and account or credit line numbers of those persons available to the 
Secretary as directed by him.
    (2) The 30-day period provided for in paragraph (a)(1) of this 
section shall be extended where the person opening the account or credit 
line has applied for a taxpayer identification or social security number 
on Form SS-4 or SS-5, until such time as the person maintaining the 
account or credit line has had a reasonable opportunity to secure

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such number and furnish it to the currency dealer or exchanger.
    (3) A taxpayer identification number for an account or credit line 
required under paragraph (a)(1) of this section need not be secured in 
the following instances:
    (i) Accounts for public funds opened by agencies and 
instrumentalities of Federal, state, local or foreign governments,
    (ii) Accounts for aliens who are--
    (A) Ambassadors, ministers, career diplomatic or consular officers, 
or
    (B) Naval, military or other attaches of foreign embassies, and 
legations, and for members of their immediate families,
    (iii) Accounts for aliens who are accredited representatives to 
international organizations which are entitled to enjoy privileges, 
exemptions, and immunities as an international organization under the 
International Organizations Immunities Act of December 29, 1945 (22 
U.S.C. 288), and for the members of their immediate families,
    (iv) Aliens temporarily residing in the United States for a period 
not to exceed 180 days,
    (v) Aliens not engaged in a trade or business in the United States 
who are attending a recognized college or any training program, 
supervised or conducted by any agency of the Federal Government, and
    (vi) Unincorporated subordinate units of a tax exempt central 
organization which are covered by a group exemption letter.
    (b) Each currency dealer or exchanger shall retain either the 
original or a microfilm or other copy or reproduction of each of the 
following:
    (1) Statements of accounts from banks, including paid checks, 
charges or other debit entry memoranda, deposit slips and other credit 
memoranda representing the entries reflected on such statements;
    (2) Daily work records, including purchase and sales slips or other 
memoranda needed to identify and reconstruct currency transactions with 
customers and foreign banks;
    (3) A record of each exchange of currency involving transactions in 
excess of $1000, including the name and address of the customer (and 
passport number or taxpayer identification number unless received by 
mail or common carrier) date and amount of the transaction and currency 
name, country, and total amount of each foreign currency;
    (4) Signature cards or other documents evidencing signature 
authority over each deposit or security account, containing the name of 
the depositor, street address, taxpayer identification number (TIN) or 
employer identification number (EIN) and the signature of the depositor 
or of a person authorized to sign on the account (if customer accounts 
are maintained in a code name, a record of the actual owner of the 
account);
    (5) Each item, including checks, drafts, or transfers of credit, of 
more than $10,000 remitted or transferred to a person, account or place 
outside the United States;
    (6) A record of each receipt of currency, other monetary 
instruments, investment securities and checks, and of each transfer of 
funds or credit, or more than $10,000 received on any one occasion 
directly and not through a domestic financial institution, from any 
person, account or place outside the United States;
    (7) Records prepared or received by a dealer in the ordinary course 
of business, that would be needed to reconstruct an account and trace a 
check in excess of $100 deposited in such account through its internal 
recordkeeping system to its depository institution, or to supply a 
description of a deposited check in excess of $100;
    (8) A record maintaining the name, address and taxpayer 
identification number, if available, of any person presenting a 
certificate of deposit for payment, as well as a description of the 
instrument and date of transaction;
    (9) A system of books and records that will enable the currency 
dealer or exchanger to prepare an accurate balance sheet and income 
statement.
    (c) This section does not apply to banks that offer services in 
dealing or changing currency to their customers as an adjunct to their 
regular service.

(Approved by the Office of Management and Budget under control number 
1505-0063)

[52 FR 11444, Apr. 8, 1987, as amended at 64 FR 45453, Aug. 20, 1999]

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