31 U.S.C. § 5312 — Definitions and application

(a)(1) “Financial agency” means a person acting for another person, with the stated exclusions for a country, monetary or financial authority acting in that capacity, and an international financial institution of which the United States is a member, as a financial institution, bailee, depository trustee, agent, or similar actor dealing with money, credit, securities, gold, related transactions, or services involving money, securities, futures, precious metals, stones, jewels, or substitutes for currency. This section does not otherwise define the quoted term.

(a)(2) “Financial institution” includes: (A) an insured bank; (B) a commercial bank or trust company; (C) a private banker; (D) a United States agency or branch of a foreign bank; (E) a credit union; (F) a thrift institution; (G) an SEC-registered broker or dealer; (H) a securities or commodities broker or dealer; (I) an investment banker or company; (J) a currency or funds exchange business; (K) an issuer, redeemer, or cashier of travelers’ checks, checks, money orders, or similar instruments; (L) a credit-card-system operator; (M) an insurance company; (N) a precious-metals, stones, or jewels dealer; (O) a pawnbroker; (P) a loan or finance company; (Q) a travel agency; (R) a licensed money sender or other business transmitting currency, funds, or substitutes, including informal transfer systems; (S) a telegraph company; (T) a vehicle-sales business; (U) people involved in real-estate closings and settlements; (V) the Postal Service; (W) a government agency carrying out a listed business duty; (X) a licensed casino, gambling casino, or gaming establishment with annual gaming revenue over $1 million, including qualifying Indian gaming operations; (Y) a business or agency the Treasury Secretary defines by regulation as similar or related; and (Z) another business the Secretary designates because its cash transactions are highly useful in criminal, tax, or regulatory matters.

(a)(3) “Monetary instruments” means United States coins and currency; foreign coins and currency and other listed bearer instruments as regulations provide; certain checks, drafts, notes, money orders, and similar instruments drawn on or by a foreign financial institution as Treasury regulations provide; and regulatory substitutes for those instruments. This section does not define the quoted term beyond these categories.

(a)(4) “Nonfinancial trade or business” means any trade or business other than a financial institution subject to section 5313 reporting requirements and its regulations. (a)(5) “Person,” in addition to its title 1 meaning, includes a trustee, estate representative, and, when the Secretary provides, a government entity. (a)(6) “United States” means the States and District of Columbia and, when regulations provide, Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, American Samoa, the Trust Territory of the Pacific Islands, another United States territory or possession, or a military or diplomatic establishment. (a)(7) “Significant nonbank financial company” and “significant bank holding company” have the meanings set by Board of Governors rule; “significant nonbank financial company” may not include entities excluded under subsection (a)(4)(B).

(b) “Domestic financial agency” and “domestic financial institution” refer to an action in the United States by such an agency or institution. “Foreign financial agency” and “foreign financial institution” refer to an action outside the United States.

(c)(1) For this subchapter, “financial institution” also includes a futures commission merchant, commodity trading advisor, or commodity pool operator registered, or required to register, under the Commodity Exchange Act.