[Federal Register Volume 60, Number 180 (Monday, September 18, 1995)]
[Notices]
[Pages 48199-48200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23069]
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
[Treasury Directive Number 15-42]
Delegation of Authority to the Commissioner, Internal Revenue
Service, To Perform Functions Under the Money Laundering Control Act of
1986, as Amended
September 11, 1995.
1. Purpose. This Directive delegates to the Commissioner, Internal
Revenue Service (IRS), investigatory, seizure and forfeiture authority
under the Money Laundering Control Act of 1986, Public Law 99-570,
Subtitle H (October 27, 1986), as amended.
2. Delegation. By virtue of the authority vested in the Secretary
of the Treasury by 18 U.S.C. Secs. 981, 1956(e), 1957(e) and the
authority delegated to the Under Secretary (Enforcement) by Treasury
Order (TO) 101-05, there is hereby delegated to the Commissioner, IRS:
a. investigatory authority over violations of 18 U.S.C. Secs. 1956
and 1957 where the underlying conduct is subject to investigation under
Title 26 or under the Bank Secrecy Act, as amended; 31 U.S.C.
Secs. 5311-5328 (other than violations of 31 U.S.C. Sec. 5316);
[[Page 48200]]
b. seizure and forfeiture authority over violations of 18 U.S.C.
Sec. 981 relating to violations of:
(1) 31 U.S.C. Secs. 5313 and 5324; and
(2) 18 U.S.C. Secs. 1956 and 1957 which are within the
investigatory jurisdiction of IRS pursuant to paragraph 2.a.; and
c. seizure authority relating to any other violation of 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 solely with another bureau not
present at the time of the seizure shall be turned over to that bureau.
3. Forfeiture Remission. The Commissioner, IRS, 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. Sec. 1956 or 1957, IRS discovers evidence of a matter within the
jurisdiction of another Treasury bureau, to the extent authorized by
law, IRS shall immediately notify that bureau of the investigation and
invite that bureau to participate in the investigation. The
Commissioner, IRS, 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 in consultation with the
Commissioner, IRS.
c. With respect to matters discovered within the investigatory
jurisdiction of a Department of Justice bureau or the Postal Service,
IRS 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, IRS 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. Authorities.
a. 18 U.S.C. Secs. 981, 1956 and 1957.
b. 31 U.S.C. Secs. 5311-5328 (other than violations of 31 U.S.C.
Sec. 5316).
c. 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.''
d. TO 102-14, ``Delegation of Authority with Respect to the
Treasury Forfeiture Fund Act of 1992,'' dated January 10, 1995.
7. Cancellation. Treasury Directive 15-42, ``Delegation of
Authority to the Commissioner, Internal Revenue Service to Perform
Functions Under the Money Laundering Control Act of 1986, as amended,''
dated May 1, 1991, is superseded.
8. Expiration Date. This Directive shall expire three years from
the date of issuance unless superseded or cancelled prior to that date.
9. Office of Primary Interest. Office of the Under Secretary
(Enforcement).
Ronald K. Noble,
Under Secretary (Enforcement).
[FR Doc. 95-23069 Filed 9-15-95; 8:45 am]
BILLING CODE 4810-25-P
