[Federal Register Volume 60, Number 180 (Monday, September 18, 1995)]
[Notices]
[Page 48199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23070]



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DEPARTMENT OF THE TREASURY
[Treasury Directive Number 15-29]


Delegation of Authority to the Commissioner, United States 
Customs Service, To Investigate Violations of 18 U.S.C. Secs. 1956 and 
1957

September 11, 1995.
    1. Purpose. This Directive delegates to the Commissioner, United 
States Customs Service, authority to investigate violations of 18 
U.S.C. Secs. 1956 and 1957.
    2. Delegation. By virtue of the authority vested in the Secretary 
of the Treasury by 18 U.S.C. Secs. 981, 1956(e) and 1957(e) and the 
authority delegated to the Under Secretary (Enforcement) by Treasury 
Order (TO) 101-05, there is hereby delegated to the Commissioner, 
United States Customs Service:
    a. investigatory authority over violations of 18 U.S.C. Sec. 1956 
or 1957 involving 18 U.S.C. Secs. 542, 545, 549, 659, 1461-63, 1465, 
2251-52, 2314, and 2321; 19 U.S.C. Sec. 1590; 21 U.S.C. Sec. 863; 
offenses under Sec. 11 of the Export Administration Act of 1979 (50 
U.S.C. App. Sec. 2410); offenses under Sec. 206 of the International 
Emergency Economic Powers Act (50 U.S.C. Sec. 1705); offenses under 
Sec. 16 of the Trading With the Enemy Act (50 U.S.C. App. Sec. 16); and 
offenses under Sec. 38 of the Arms Export Control Act (22 U.S.C. 
Sec. 2778) (relating to the exportation, intransit, temporary import, 
or temporary export transactions);
    b. investigatory authority over violations of 18 U.S.C. 
Sec. 1956(a)(2)(B)(ii), involving a reporting violation under 31 U.S.C. 
Sec. 5316;
    c. investigatory authority over violations of 18 U.S.C. 
Sec. 1956(a)(3) relating to violations within the investigatory 
jurisdiction of the U.S. Customs Service under paragraphs 2.a. and b.; 
and
    d. seizure and forfeiture authority and related authority under 18 
U.S.C. Sec. 981 relating to violations of 18 U.S.C. Sec. 1956 or 1957 
within the investigatory jurisdiction of the Customs Service under 
paragraphs 2.a., 2.b., and 2.c., and seizure authority under 18 U.S.C. 
Sec. 981 relating to any other violation of 18 U.S.C. Sec. 1956 or 1957 
if the bureau with investigatory authority is not present to make the 
seizure. Property seized under 18 U.S.C. Sec. 981 where investigatory 
jurisdiction is with another bureau not present at the time of the 
seizure shall be turned over to that bureau.
    3. Forfeiture Remission. The Commissioner, United States Customs 
Service, is authorized to remit or mitigate forfeitures of property 
valued at not more than $500,000 seized pursuant to paragraph 2.d.
    4. Redelegation. The authority delegated by this directive may be 
redelegated.
    5. Coordination.
    a. If at any time during an investigation of a violation of 18 
U.S.C. Sec. 1956 or 1957, the U.S. Customs Service discovers evidence 
of a matter within the jurisdiction of another Treasury bureau or 
office, the U.S. Customs Service shall immediately notify that bureau 
or office with investigatory jurisdiction of the investigation and 
invite that bureau or office to participate in the investigation. The 
Commissioner, U.S. Customs Service, shall attempt to resolve disputes 
over investigatory jurisdiction with other Treasury bureaus at the 
field level or in the case of the Office of Foreign Assets Control, at 
the headquarters level.
    b. The Under Secretary (Enforcement) shall settle disputes that 
cannot be resolved by the bureaus. The Under Secretary (Enforcement) 
shall settle disputes over investigatory jurisdiction with the Internal 
Revenue Service in consultation with the Commissioner, Internal Revenue 
Service.
    c. With respect to matters discovered within the investigatory 
jurisdiction of a Department of Justice bureau or the Postal Service, 
the U.S. Customs Service shall adhere to the provisions on notice and 
coordination in the ``Memorandum of Understanding Among the Secretary 
of the Treasury, the Attorney General and the Postmaster General 
Regarding Money Laundering Investigations,'' dated August 16, 1990, or 
any such subsequent memorandum of understanding entered pursuant to 18 
U.S.C. Sec. 1956(e) or 1957(e).
    d. With respect to seizure and forfeiture operations and activities 
within its investigative jurisdiction, U.S. Customs Service shall 
comply with the policy, procedures, and directives developed and 
maintained by the Treasury Executive Office for Asset Forfeiture. 
Compliance will include adhering to the oversight, reporting, and 
administrative requirements relating to seizure and forfeiture 
contained in such policy, procedures, and directives.
    6. Authorities.
    a. 18 U.S.C. Secs. 542, 545, 549, 659, 981,1461-1463, 1465, 1956, 
1957, 2251-52, 2314, and 2321.
    b. 19 U.S.C. Sec. 1590.
    c. 21 U.S.C. Sec. 863.
    d. 22 U.S.C. Sec. 2778.
    e. 31 U.S.C. Sec. 5316.
    f. 50 U.S.C. App. Sec. 16, 1705, and App. 2410.
    g. TO 101-05, ``Reporting Relationships and Supervision of 
Officials, Offices and Bureaus, Delegation of Certain Authority, and 
Order of Succession in the Department of the Treasury.''
    h. TO 102-14, ``Delegation of Authority with Respect to the 
Treasury Forfeiture Fund Act of 1992,'' dated January 10, 1995.
    7. Cancellation. Treasury Directive 15-29, ``Delegation of 
Authority to the Commissioner, United States Customs Service to 
Investigate Violations of 18 U.S.C. Secs. 1956 and 1957,'' dated May 1, 
1991, is superseded.
    8. Expiration Date. This Directive shall expire three years from 
the date of issuance unless superseded or cancelled prior to that date.
    9. Office of Primary Interest. Office of the Under Secretary 
(Enforcement).
Ronald K. Noble,
Under Secretary (Enforcement).
[FR Doc. 95-23070 Filed 9-15-95; 8:45 am]
BILLING CODE 4810-25-P