Legacy PostsDeclaring Cash When Entering the USA – All You Need to Know

December 26, 2023by Neonilla Orlinskaya0

What this page covers

If you bring into or take out of the United States currency or other “monetary instruments” totaling more than $10,000 (USD equivalent), you must file FinCEN Form 105 (CMIR) with CBP (or electronically before arrival/departure). Failure to report can result in seizure and penalties. Below are the rules on who reports, what counts, examples, and common mistakes.

Contents

$10,000 threshold

A report is required if, at one time, the total value exceeds $10,000 when entering, leaving, or upon receiving from abroad.

Who must file

Any person who physically transports, mails/ships, or receives such funds from abroad. The duty also covers anyone who causes the transport.

Where to file

e-CMIR online before travel or a paper form with a CBP officer at the port of entry/exit. Keep a copy/confirmation.

What counts as “monetary instruments”

Covered Examples Not covered
Currency U.S. and foreign cash (notes/coins that are legal tender) Collectible bullion/coins without legal-tender status (treated as investments, not CMIR instruments)
Traveler’s checks Any traveler’s checks
Bearer instruments Checks, promissory notes, money orders payable to bearer; signed but without a named payee Non-bearer checks/money orders with restrictive endorsement
Receiving from abroad If you receive physically >$10,000 from overseas, CMIR filing applies Funds only in a bank account (no physical transport)

When amounts are aggregated

  • Family/household. If filing a joint family declaration, amounts of household members aggregate.
  • One transport event. Splitting cash across people/bags does not avoid CMIR if it’s the same “at-one-time” transport.
  • Multiple currencies. Convert to USD at the date of transport.

Fast filing: FinCEN Form 105 (CMIR)

Step 1. Confirm that filing is required

Add up the USD-equivalent of all monetary instruments and all travelers in a joint filing. If >$10,000 — CMIR is required.

Step 2. Choose how to file

e-CMIR: complete online before arrival/departure and save the confirmation. Paper: request the form from CBP at the port and complete on site.

Step 3. Enter accurate details

Full name, DOB, citizenship/residency, route, trip purpose, exact amount and type of instruments, origin/use of funds, sender/recipient for mail/cargo.

Key fields (orientation)

Field What to enter Tip
Personal Information Name, DOB, passport/country, U.S. address (if any), contact Must match IDs you show to CBP
Amount & Type USD-equivalent total and the types (cash/checks/bearer instruments) Convert multiple currencies at the date of transport
Origin / Destination Country of origin of funds and country of destination If carrying on behalf of someone, name the person/entity
Purpose Intended use (purchase, tuition, medical care, etc.) Be brief and truthful

Special cases

  • Family/household. Joint family filing aggregates members’ amounts. If one member alone carries >$10,000, they complete a separate CMIR in addition.
  • Mail/cargo. When funds are not accompanied by a person, CMIR is filed before sending/receiving (or within the deadline for receipt). Keep tracking docs.
  • Armored/valuable-cargo carriers. Special FinCEN guidance applies (origin/destination, shipper/consignee, etc.).
  • Receiving cash in the U.S. The recipient must file within the form’s stated deadline.
  • Bank transfers/accounts. No CMIR if there is no physical transport of currency/instruments.
  • Crypto. Not a CMIR “monetary instrument” by itself unless carried as a bearer-style instrument (e.g., voucher/card/check to bearer).

Pre-trip mini-checklist

  • Calculate the total USD-equivalent (including all participants and all instruments).
  • If over the threshold, file e-CMIR in advance and save the confirmation.
  • Keep funds accessible for CBP inspection.
  • Bring proof of lawful source (bank statements, invoices, contracts).

Penalties and what to do if funds are seized

Civil consequences

CBP may seize the entire amount if CMIR is not filed, is incomplete, or contains false statements. Fines and legal costs may follow.

Criminal exposure

Intentional evasion can trigger criminal charges under the BSA/Title 31 (false statements/concealment). Outcomes depend on case facts.

If seizure happens

Obtain CBP paperwork, deadlines, and instructions. Options include a petition for remission/mitigation and administrative or court review. Keep CMIR copy, tickets, and proof of lawful source.

FAQs

Do I report bank account balances? No. CMIR covers physical transport of currency/monetary instruments only.

What about cryptocurrency? Crypto itself is not a CMIR “monetary instrument.” Bearer-style value carriers (e.g., vouchers/cards/checks to bearer) are.

Family carrying $5,000 + $4,000 + $3,000? A joint family filing aggregates amounts — CMIR is required.

I receive a package with >$10,000 in the U.S. The recipient must file CMIR within the deadline stated in the form instructions.

Is there a cap on how much I can carry if I file? No. There is no upper limit. Accuracy and proof of lawful source are key.

Official sources (clickable)

For information only, not legal advice. Check current CBP/FinCEN/eCFR before travel.

Neonilla Orlinskaya

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