gold bullion is not monetary instrument

gulala · 2013-10-31 18:13:32Z

gold bullion is not monetary instrument簡介

來源: gulala 於 2013-10-31 18:13:32 [檔案] [舊帖] [給我悄悄話] 本文已被閱讀：次 (9873 bytes)

回答: 這裏的大拿們走南闖北，有誰知道大約十萬人民幣的金條可否合法從中國帶來美國。由 Mmom2269 於 2013-10-31 07:33:21

here is the website of US customs:
https://help.cbp.gov/app/answers/list/kw/declare%20monetary%20instruments/search/1

some info:
There is no limit on the amount of money that can be taken out of or brought into the United States. However, if a person or persons traveling together and filing a joint declaration (CBP Form 6059-B) have $10,000 or more in currency or monetary instruments, they must fill out a "Report of International Transportation of Currency and Monetary Instruments" FinCEN 105 (former CF 4790).
If assistance is required, a Customs and Border Protection (CBP) officer can help with filling out the form.
Please be aware, if persons traveling together have $10,000 or more, they cannot divide the currency between each other to avoid declaring the currency.
For example, if one person is carrying $5,000 and the other has $6,000, they have a total of $11, 000 in their possession and must report it on a FinCEN 105. If a person or family fails to declare their monetary instruments in amounts of over $10,000, their monetary instrument(s) may be subject to forfeiture and could result to civil and criminal penalties.
The FinCEN 105 can be obtained prior to traveling or when going through CBP.

	Question: Do I have to declare currency when entering the U.S. in-transit to a foreign destination?

	Answer
	When entering the U.S. in-transit to a foreign destination, you will be required to clear U.S. Customs Border Protection and Immigration Customs Enforcement. If you have "monetary instruments" (i.e. currency, personal checks, travelers checks, gold coins, securities or stocks in bearer form) valued at $10,000 or more in your possession a "Report of International Transportation of Currency or Monetary Instruments" form FinCEN 105 must be submitted to a CBP officer upon your entry into the United States. Monetary instruments that are made payable to a named person but are not endorsed or which bear restrictive endorsements are not subject to reporting requirements, nor are credit cards with credit lines of over $10,000. Gold bullion is not a monetary instrument for purposes of this requirement. The requirement to report monetary instruments on a FinCEN 105 does not apply to imports of gold bullion. Failure to declare monetary instruments in amounts of or over $10,000 can result in its seizure. You can obtain the form in advance and download it from here FinCEN 105, or a CBP officer can give it to you.

	Question: Do I have to report to CBP if I ship or mail currency or other monetary instruments to the U.S. from a foreign country or to a foreign country from the U.S.?

	Answer
	If you as an individual or on behalf of an entity recognized as legal personalities (i.e. a company, corporation, partnership etc.) sends, mails or ships monetary instruments (i.e. coins, currency, travelers checks, personal or commercial checks, money orders etc.) to the U.S. from a foreign country valued at $10,000 or more you are required to file a "Report of International Transportation of Currency or Monetary Instruments" (FinCEN Form 105) with the U.S. Customs and Border Protection (CBP) prior to sending the monetary instruments to the recipient in the foreign country or in the U.S. If you or a legal personality you are affiliated with in the U.S. receives monetary instruments valued at $10,000 or more, sent via mail, ship, or express courier, you are also required to report it to CBP on a FinCEN Form 105. You are required to file the FinCEN Form 105 within 15 days upon receipt of the monetary instrument. If you or a legal personality transfers currency through normal banking procedures, which does not involve the physical transportation of currency, the sender or recipient is not required to report it to CBP. The bank will report this information to the Internal Revenue Service. If you are traveling to the U.S. or a foreign country carrying monetary instruments valued at $10,000 or more, you are required to declare it to CBP on your Customs declaration (CBP 6059B). In addition, you are required to file the FinCEN Form 105 with CBP upon your departure or entry into the U.S. If you filled out the FinCEN Form 105, but were unable to give it to the CBP officer at the port of departure or arrival due to circumstances out of your control, it is advised that you forward it to CBP as soon as possible with a written explanation. Failure to report monetary instruments in amounts over $10,000 may be subject to forfeiture and could result to civil or criminal penalties. You can obtain the FinCEN Form 105, additional information on what constitutes a monetary instrument and who is required to file is on this web site. The completed form should be sent to the following address: Commissioner of U.S. Customs and Border Protection Attention: Currency Transportation Reports Washington, DC 20229 If assistance is required to fill out the FinCEN 105, you should contact your nearest Customs port. Port telephone numbers are available under the ports section of this web site. Select the appropriate state and city.

MOST IMPORTANTLY:

	What constitutes "Monetary Instruments" for currency reporting requirements?

	Answer
	Monetary instruments that must be reported by travelers or persons sending or receiving them (other then by electronic means by a banking concern) are: Coin or currency from the U.S. and/or other countries, including gold coins; Travelers Checks; Checks, promissary notes or money orders that can be cashed by the bearer. This includes checks or money orders made out to someone other than the bearer that are endorsed without restriction(i.e. for deposit only.), and incomplete checks, money orders, promissary notes that are signed but on which the name of the payee has been omitted (the "To" line is left blank); Securities or stocks in bearer form. Monetary instruments that are made payable to a named person but are not endorsed or which bear restrictive endorsements are not subject to reporting requirements, nor are credit cards with credit lines of over $10,000. Gold Bullion is not a monetary instrument for purposes of this requirement. You can obtain the currency reporting form FinCEN 105 for more information.