[Federal Register Volume 64, Number 26 (Tuesday, February 9, 1999)]
[Notices]
[Page 6418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3118]
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DEPARTMENT OF THE TREASURY
[Treasury Directive Number 15-12]
Delegation of Authority to the Director, Bureau of Alcohol,
Tobacco and Firearms, To Investigate Violations of 18 U.S.C. 1956 and
1957
Dated: January 25, 1999.
1. Purpose
This Directive delegates to the Director, Bureau of Alcohol,
Tobacco and Firearms (ATF), authority to investigate violations of 18
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, 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 Director, ATF:
a. investigatory authority over violations of 18 U.S.C. 1956 or
1957 involving: 18 U.S.C. 2341-2346 (trafficking in contraband
cigarettes); Sec. 38 of the Arms Export Control Act, 22 U.S.C. 2778
(relating to the importation of items on the U.S. Munitions Import
List, except violations relating to exportation, in transit, temporary
import, or temporary export transactions); 18 U.S.C. 1952 (relating to
traveling in interstate commerce, with respect to liquor on which
Federal excise tax has not been paid); or any act or activity
constituting an offense listed in 18 U.S.C. 1961(1), with respect to
any act or threat involving arson, which is chargeable under State law
and punishable for more than one year imprisonment; and
b. 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 ATF under paragraph 2.a., 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 Director, ATF, is authorized to remit or mitigate forfeitures
of property valued at not more than $500,000 seized pursuant to
paragraph 2.b.
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 Director, ATF, discovers evidence of a matter
within the jurisdiction of another Treasury bureau, the Director, ATF,
shall immediately notify that bureau of the investigation and invite
that bureau to participate in the investigation. The Director, ATF,
shall attempt to resolve disputes over investigatory jurisdiction with
other Treasury bureaus at the field 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 Director, ATF, 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, ATF shall comply with the
policy, procedures, and directives developed and maintained by the
Treasury Executive Office for Asset Forfeiture. Compliance shall
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. 981, 1952, 1956, 1957, 1961, and 2341-2346.
b. 31 U.S.C. 5311-5326 (other than violations of 31 U.S.C. 5316).
c. 22 U.S.C. 2778.
d. 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 May 4,
1995.
e. TO 102-14, ``Delegation of Authority with Respect to the
Treasury Forfeiture Fund Act of 1992,'' dated January 10, 1995.
7. Cancellation
Treasury Directive 15-12, ``Delegation of Authority to the
Director, Bureau of Alcohol, Tobacco and Firearms to Investigate
Violations of 18 U.S.C. 1956 and 1957,'' dated September 11, 1995, is
superseded.
8. Expiration Date
This Directive shall expire three years from the date of issuance
unless superseded or canceled prior to that date.
9. Office of Primary Interest
Office of the Under Secretary (Enforcement).
James E. Johnson,
Under Secretary (Enforcement).
[FR Doc. 99-3118 Filed 2-8-99; 8:45 am]
BILLING CODE 4810-25-P
