[Federal Register Volume 60, Number 180 (Monday, September 18, 1995)]
[Notices]
[Pages 48198-48199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23071]
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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. Secs. 1956
and 1957
September 11, 1995.
1. Purpose. This Directive delegates to the Director, Bureau of
Alcohol, Tobacco and Firearms (ATF), authority to investigate
violations of 18 U.S.C. Secs. 1956 and 1957.
2. Delegation. By virtue of the authority vested in the Secretary
of the Treasury by 18 U.S.C. Secs. 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. Sec. 1956
or 1957 involving 18 U.S.C. Secs. 2341-2346 (trafficking in contraband
cigarettes); Sec. 38 of the Arms Export Control Act, 22 U.S.C.
Sec. 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); and 18 U.S.C.
Sec. 1952 (relating to travelling 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. Sec. 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. Sec. 981 relating to violations of 18 U.S.C. Sec. 1956 or 1957
within the investigatory jurisdiction of ATF under paragraph 2.a., and
seizure authority under 18 U.S.C. Sec. 981 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
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. Sec. 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. Sec. 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. Secs. 981, 1952, 1956, 1957, 1961, and 2341-2346.
b. 31 U.S.C. Secs. 5311-5326 (other than violations of 31 U.S.C.
Sec. 5316).
c. 22 U.S.C. Sec. 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.''
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. Secs. 1956 and 1957,'' dated May 1,
1991, is superseded.
8. Expiration Date. This Directive shall expire three years from
the date of
[[Page 48199]]
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. 95-23071 Filed 9-15-95; 8:45 am]
BILLING CODE 4810-25-P
