[Code of Federal Regulations]

[Title 31, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 31CFR103.76]



[Page 423]

 

                  TITLE 31--MONEY AND FINANCE: TREASURY

 

                       DEPARTMENT OF THE TREASURY

 

PART 103_FINANCIAL RECORDKEEPING AND REPORTING OF CURRENCY AND FOREIGN 

TRANSACTIONS--Table of Contents

 

                            Subpart F_Summons

 

Sec. 103.76  Enforcement of summons.



    In the case of contumacy by, or refusal to obey a summons issued to, 

any person under this part, the Secretary or any delegate of the 

Secretary listed under Sec. 103.72 of this part shall refer the matter 

to the Attorney General or delegate of the Attorney General (including 

any United States Attorney or Assistant United States Attorney, as 

appropriate), who may bring an action to compel compliance with the 

summons in any court of the United States within the jurisdiction of 

which the investigation which gave rise to the summons being or has been 

carried on, the jurisdiction in which the person summoned is a resident, 

or the jurisdiction in which the person summoned carries on business or 

may be found. When a referral is made by a delegate of the Secretary 

other than a delegate named in Sec. 103.72(a) of this part, prompt 

notification of the referral must be made to the Director, Office of 

Financial Enforcement, Office of the Assistant Secretary (Enforcement). 

The court may issue an order requiring the person summoned to appear 

before the Secretary or delegate of the Secretary to produce books, 

papers, records, or other data, to give testimony as may be necessary in 

order to explain how such material was compiled and maintained, and to 

pay the costs of the proceeding. Any failure to obey the order of the 

court may be punished by the court as a contempt thereof. All process in 

any case under this section may be served in any judicial district in 

which such person may be found.



[52 FR 23979, June 26, 1987. Redesignated and amended at 64 FR 45451, 

45453, Aug. 20, 1999]