[Federal Register Volume 64, Number 25 (Monday, February 8, 1999)]
[Notices]
[Pages 6133-6134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-2868]
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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. Sec. Sec. 1956
and 1957
January 21, 1999.
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. Sec. Sec. 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. Sec. Sec. 542, 545, 549, 659, 1461-63,
1465, 2251-52, 2314, 2320, 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.
[[Page 6134]]
Sec. 2778) (relating to the exportation, intrasit, 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 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 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 dispute 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. Ratification. To the extent that any action heretofore taken
consistent with this Directive may require ratification, it is hereby
approved and ratified.
7. Authorities:
a. 18 U.S.C. Secs. 542, 545, 659, 981, 1461-1463, 1465, 1956, 1957,
2251-52, 2314, 2320 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, 50 U.S.C. 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,'' dated October
29, 1998 or successor documents.
h. TO 102-14, `` Delegation of Authority with Respect to the
Treasury Forfeiture Fund Act of 1992,'' dated January 10, 1995 or
successor documents.
8. 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
September 11, 1995, is superseded.
9. Expiration Date. This Directive shall expire three years from
the date of issuance unless superseded or canceled prior to that date.
10. Office of Primary Interest. Office of the Under Secretary
(Enforcement).
James E. Johnson,
Under Secretary (Enforcement).
[FR Doc. 99-2868 Filed 2-5-99; 8:45 am]
BILLING CODE 4810-25-M