The U.S. Bill S.1241, introduced by Sen. Diane Feinstein (D-CA), Sen. John Cornyn (R-TX), and Sen. Sheldon Whitehouse (D-RI) in May, is a bipartisan effort is being crafted to deter individuals entering the United States from bringing in undetected and undeclared assets in digital currencies greater than $10,000. This move falls under the guise of fighting terrorism and crime.
According the early revisions of the bill, Department of Homeland Security and the U.S. Customs and Border Protection agencies would construct the necessary "infrastructure" (I doubt the bill writers know what that means) to block undeclared funds from entering the country within 18 months of the passage of the bill.
Inevitably, this leaves investors with very few options to hide other than movable, tangible assets.
Headline: S.1241 - Combating Money Laundering, Terrorist Financing, and Counterfeiting Act of 2017
SEC. 13. Prepaid access devices, digital currencies, or other similar instruments.
(a) In general.—Section 5312(a) of title 31, United States Code, is amended—
(1) in paragraph (2)(K)—
(A) by inserting “prepaid access devices, digital currency,” after “money orders,”; and
(B) by inserting before the semicolon at the end the following: “, or any digital exchanger or tumbler of digital currency”;
(2) in paragraph (3)(B), by inserting “prepaid access devices,” after “delivery,”; and
(3) by adding at the end the following:
“(7) ‘prepaid access device’ means an electronic device or vehicle, such as a card, plate, code, number, electronic serial number, mobile identification number, personal identification number, or other instrument, that provides a portal to funds or the value of funds that have been paid in advance and can be retrievable and transferable at some point in the future.”.
(b) GAO report.—Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on—
(1) the impact the amendments made by subsection (a) have had on law enforcement, the prepaid access industry, and consumers; and
(2) the implementation and enforcement of the final rule entitled “Bank Secrecy Act Regulations—Definitions and Other Regulations Relating to Prepaid Access” (76 Fed. Reg. 45403 (July 19, 2011)) by the Department of the Treasury.
(c) Customs and border protection strategy for prepaid access devices.—Not later than 18 months after the date of enactment of this Act, the Secretary of Homeland Security, in consultation with the Commissioner of U.S. Customs and Border Protection, shall submit to Congress a report—
(1) detailing a strategy to interdict and detect prepaid access devices, digital currencies, or other similar instruments, at border crossings and other ports of entry for the United States; and
(2) that includes an assessment of infrastructure needed to carry out the strategy detailed in paragraph (1).
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