Page:United States Statutes at Large Volume 96 Part 1.djvu/1039

 PUBLIC LAW 97-258—SEPT. 13, 1982

96 STAT. 997

§ 5314. Records and reports on foreign Hnancial agency transactions (a) Considering the need to avoid impeding or controlling the export or import of monetary instruments and the need to avoid burdening unreasonably a person making a transaction with a foreign financial agency, the Secretary of the Treasury shall require a resident or citizen of the United States or a person in, and doing business in, the United States, to keep records, file reports, or keep records and file reports, when the resident, citizen, or person makes a transaction or maintains a relation for any person with a foreign financial agency. The records and reports shall contain the following information in the way and to the extent the Secretary prescribes: (1) the identity and address of participants in a transaction or relationship. (2) the legal capacity in which a participant is acting. (3) the identity of real parties in interest. (4) a description of the transaction. (b) The Secretary may prescribe— (1) a reasonable classification of persons subject to or exempt from a requirement under this section or a regulation under this section; (2) a foreign country to which a requirement or a regulation under this section applies if the Secretary decides applying the requirement or regulation to all foreign countries is unnecessary or undesirable; (3) the magnitude of transactions subject to a requirement or a regulation under this section; (4) the kind of transaction subject to or exempt from a requirement or a regulation under this section; and (5) other matters the Secretary considers necessary to carry out this section or a regulation under this section. (c) A person shall be required to disclose a record required to be kept under this section or under a regulation under this section only as required by law. § 5315. Reports on foreign currency transactions (a) Congress finds that— (1) moving mobile capital can have a significant impact on the proper functioning of the international monetary system; (2) it is important to have the most feasible current and complete information on the kind and source of capital flows, including transactions by large United States businesses and their foreign affiliates; and (3) additional authority should be provided to collect information on capital flows under section 5(b) of the Trading With the Enemy Act (50 App. U.S.C. 5(b)) and section 8 of the Bretton Woods Agreement Act (22 U.S.C. 286f). (b) In this section, "United States person" and "foreign person controlled by a United States person" have the same meanings given those terms in section 7(f)(2)(A) and (C), respectively, of the Securities and Exchange Act of 1934 (15 U.S.C. 78g(f)(2)(A), (O). (c) The Secretary of the Treasury shall prescribe regulations Regulations, consistent with subsection (a) of this section requiring reports on foreign currency transactions conducted by a United States person or a foreign person controlled by a United States person. The regulations shall require that a report contain information and be

�