TREASURY DIRECTIVE 15-29

Date: January 21, 1999

Reaffirmed: November 5, 2001

Expiration Date: November 5, 2005

SUBJECT: Delegation of Authority to the Commissioner, United States Customs Service, to

Investigate Violations of 18 U.S.C. §§1956 and 1957

1. PURPOSE. This Directive delegates to the Commissioner, United States Customs Service, authority to investigate violations ofl8 U.S.C. §§1956 and 1957.

2. DELEGATION. By virtue of the authority vested in the Secretary of the Treasury by 18 U.S.C. §§981, I956(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. §1956 or 1957 involving 18 U.S.C. §§542, 545, 549,659,1461-63,1465,2251-52,2314,2320, and 2321; 19 U.S.C. §1590; 21 U.S.C. §863; offenses under §II of the Export Administration Act of 1979 (50 U.S.C. App. §2410); offenses under §206 of the International Emergency Economic Powers Act (50 U.S.C. §1705); offenses under §16 of the Trading With the Enemy Act (50 U.S.C. App. §16); and offenses under §38 of the Arms Export Control Act (22 U.S.C. §2778) (relating to the exportation, intransit, temporary import, or temporary export transactions);

b. investigatory authority over violations of 18 U.S.C. §I 956(a)(2)(B)(ii), involving a reporting violation under 31 U.S.C. §5316;

c. investigatory authority over violations of 18 U.S.C. §I956(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. §981 relating to violations of 18 U.S.C. §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. §981 relating to any other violation of 18 U.S.C. §1956 or 1957 if the bureau with investigatory authority is not present to make the seizure. Property seized under 18 U.S.C. §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. §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. §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. §§542, 545, 549, 659, 981, 1461-1463, 1465, 1956, 1957, 2251-52, 2314, 2320 and 2321.

b. 19 U.S.C. §1590.

c. 21 U.S.C. §863.

d. 22 U.S.C. §2778.

e. 31 U.S.C. §5316.

f. 50 U.S.C. App. §16, 50 U.S.C. 1705, and App. 2410.

g. Treasury Order 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. Treasury Order 102-14, "Delegation of Authority with Respect to the Treasury Forfeiture Fund Act of 1992."

8. CANCELLATION. Treasury Directive 15-29, "Delegation of Authority to the Commissioner, United States Customs Service to Investigate Violations of 18 U.S.C. §§ 1956 and 1957," dated September 11, 1995, is superseded.

9. OFFICE OF PRIMARY INTEREST. Office of the Under Secretary (Enforcement).

/S/

James E. Johnson

Under Secretary (Enforcement)

http://www.treas.gov/regs/15-29.htm

http://www.treas.gov/regs/tdI5-29.htm 9/25/2008