In the past month we have reported on two violations of the currency reporting requirements that resulted in seizure of money by U.S. Customs & Border Protection at the CBP pre-clearance station in Nassau, Bahamas. Those stories are HERE and HERE. Now we have a “reminder” about the “Currency Reporting Requirement” from that same pre-clearance station, which is excerpted below.
If you have had money seized by customs call our office at (734) 855-4999 or CONTACT US BY CLICKING HERE to speak to a customs lawyer. We are able to assist with cash seized by customs nationwide, including Detroit, Chicago, Atlanta, New York, Los Angeles, and Philadelphia.
NASSAU, Bahamas—U.S. Customs and Border Protection reminds travelers of the requirement to report currency amounts of $10,000 or more to CBP when traveling to or from the United States.
Individuals are permitted to carry any amount of currency or monetary instruments into or out of the United States; however, if the quantity is $10,000 or higher, they must formally report the currency to CBP (note: like the money seizure story HERE). If travelers have someone else carry the currency or monetary instrument for them, they must file a currency report for the entire amount with (note: like the structuring story HERE). Failure to report may result in seizure of the currency and/or arrest.
“The easiest way for travelers to hold on to their currency is to truthfully report it all to a CBP officer,” said Robert Allen Smith, area port director for Nassau Preclearance.
There’s a lot of great reasons why you should hire our firm, but one of them is that we know the law: you may not know the law, and oftentimes, as this article shows, customs does not know the law. Annoyingly, this CBP news release, like many, gets the law wrong. 31 USC 5316(a)(1), the law that gives CBP the authority to seize money and monetary instruments which are not reported, clearly says that a report is required if only if “more than $10,000” is transported, not $10,000 “or more”.
Having an attorney is especially important if more than one person was travelling and the seizure was of cash, there are allegations of smuggling, or structuring, or if you experienced a lengthy dentetion or questioning at the time of seizure. We handle this and many other types of cases, which we publish the results of here. Read our popular article on responding to a currency seizure by clicking HERE.
Please read these other articles about money seizures by customs:
- Seizure of currency and monetary instruments by U.S. Customs
- Seizure for bulk cash smuggling into or out of the U.S.
- Structuring currency imports and exports
- Is it $10,000 per person? Under what circumstances is filing a report with Customs for transporting more than $10,000 required?
- Criminal & civil penalties for failing to report monetary instrument transportation
- Is only cash currency subject to seizure by Customs?
- How do I get my seized money back from customs?
- Getting money seized by U.S. Customs back while staying overseas
- How long does it take Customs to decide a petition for a currency/monetary instrument seizure?
- Targeted Enforcement for Customs Money Seizures