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CITE

    18 USC Sec. 470                                             01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 25 - COUNTERFEITING AND FORGERY

HEAD

    Sec. 470. Counterfeit acts committed outside the United States

STATUTE

      A person who, outside the United States, engages in the act of -
        (1) making, dealing, or possessing any counterfeit obligation
      or other security of the United States; or
        (2) making, dealing, or possessing any plate, stone, analog,
      digital, or electronic image, or other thing, or any part
      thereof, used to counterfeit such obligation or security,
    if such act would constitute a violation of section 471, 473, or
    474 if committed within the United States, shall be punished as is
    provided for the like offense within the United States.

SOURCE

    (Added Pub. L. 103-322, title XII, Sec. 120003(a), Sept. 13, 1994,
    108 Stat. 2021; amended Pub. L. 107-56, title III, Sec. 374(a),
    Oct. 26, 2001, 115 Stat. 340.)

AMENDMENTS

      2001 - Pub. L. 107-56, Sec. 374(a)(2), in concluding provisions,
    substituted "shall be punished as is provided for the like offense
    within the United States" for "shall be fined under this title,
    imprisoned not more than 20 years, or both".
      Par. (2). Pub. L. 107-56, Sec. 374(a)(1), inserted "analog,
    digital, or electronic image," after "plate, stone,".
                       SHORT TITLE OF 1992 AMENDMENT
      Pub. L. 102-550, title XV, Sec. 1551, Oct. 28, 1992, 106 Stat.
    4070, provided that: "This subtitle [subtitle E (Secs. 1551-1554)
    of title XV of Pub. L. 102-550, enacting section 474A of this title
    and amending sections 474 and 504 of this title] may be cited as
    the 'Counterfeit Deterrence Act of 1992'."
     COMBATTING INTERNATIONAL COUNTERFEITING OF UNITED STATES CURRENCY
      Pub. L. 104-132, title VIII, Sec. 807, Apr. 24, 1996, 110 Stat.
    1308, provided that:
      "(a) In General. - The Secretary of the Treasury (hereafter in
    this section referred to as the 'Secretary'), in consultation with
    the advanced counterfeit deterrence steering committee, shall -
        "(1) study the use and holding of United States currency in
      foreign countries; and
        "(2) develop useful estimates of the amount of counterfeit
      United States currency that circulates outside the United States
      each year.
      "(b) Evaluation Audit Plan. -
        "(1) In general. - The Secretary shall develop an effective
      international evaluation audit plan that is designed to enable
      the Secretary to carry out the duties described in subsection (a)
      on a regular and thorough basis.
        "(2) Submission of detailed written summary. - The Secretary
      shall submit a detailed written summary of the evaluation audit
      plan developed pursuant to paragraph (1) to the Congress before
      the end of the 6-month period beginning on the date of the
      enactment of this Act [Apr. 24, 1996].
        "(3) First evaluation audit under plan. - The Secretary shall
      begin the first evaluation audit pursuant to the evaluation audit
      plan no later than the end of the 1-year period beginning on the
      date of the enactment of this Act.
        "(4) Subsequent evaluation audits. - At least 1 evaluation
      audit shall be performed pursuant to the evaluation audit plan
      during each 3-year period beginning after the date of the
      commencement of the evaluation audit referred to in paragraph
      (3).
      "(c) Reports. -
        "(1) In general. - The Secretary shall submit a written report
      to the Committee on Banking and Financial Services [now Committee
      on Financial Services] of the House of Representatives and the
      Committee on Banking, Housing, and Urban Affairs of the Senate on
      the results of each evaluation audit conducted pursuant to
      subsection (b) within 90 days after the completion of the
      evaluation audit.
        "(2) Contents. - In addition to such other information as the
      Secretary may determine to be appropriate, each report submitted
      to the Congress pursuant to paragraph (1) shall include the
      following information:
          "(A) A detailed description of the evaluation audit process
        and the methods used to develop estimates of the amount of
        counterfeit United States currency in circulation outside the
        United States.
          "(B) The method used to determine the currency sample
        examined in connection with the evaluation audit and a
        statistical analysis of the sample examined.
          "(C) A list of the regions of the world, types of financial
        institutions, and other entities included.
          "(D) An estimate of the total amount of United States
        currency found in each region of the world.
          "(E) The total amount of counterfeit United States currency
        and the total quantity of each counterfeit denomination found
        in each region of the world.
        "(3) Classification of information. -
          "(A) In general. - To the greatest extent possible, each
        report submitted to the Congress under this subsection shall be
        submitted in an unclassified form.
          "(B) Classified and unclassified forms. - If, in the interest
        of submitting a complete report under this subsection, the
        Secretary determines that it is necessary to include classified
        information in the report, the report shall be submitted in a
        classified and an unclassified form.
      "(d) Sunset Provision. - This section shall cease to be effective
    as of the end of the 10-year period beginning on the date of the
    enactment of this Act [Apr. 24, 1996].
      "(e) Rule of Construction. - No provision of this section shall
    be construed as authorizing any entity to conduct investigations of
    counterfeit United States currency.
      "(f) Findings. - The Congress hereby finds the following:
        "(1) United States currency is being counterfeited outside the
      United States.
        "(2) The One Hundred Third Congress enacted, with the approval
      of the President on September 13, 1994, section 470 of title 18,
      United States Code, making such activity a crime under the laws
      of the United States.
        "(3) The expeditious posting of agents of the United States
      Secret Service to overseas posts, which is necessary for the
      effective enforcement of section 470 and related criminal
      provisions, has been delayed.
        "(4) While section 470 of title 18, United States Code,
      provides for a maximum term of imprisonment of 20 years as
      opposed to a maximum term of 15 years for domestic
      counterfeiting, the United States Sentencing Commission has
      failed to provide, in its sentencing guidelines, for an
      appropriate enhancement of punishment for defendants convicted of
      counterfeiting United States currency outside the United States.
      "(g) Timely Consideration of Requests for Concurrence in Creation
    of Overseas Posts. -
        "(1) In general. - The Secretary of State shall -
          "(A) consider in a timely manner the request by the Secretary
        of the Treasury for the placement of such number of agents of
        the United States Secret Service as the Secretary of the
        Treasury considers appropriate in posts in overseas embassies;
        and
          "(B) reach an agreement with the Secretary of the Treasury on
        such posts as soon as possible and, in any event, not later
        than December 31, 1996.
        "(2) Cooperation of treasury required. - The Secretary of the
      Treasury shall promptly provide any information requested by the
      Secretary of State in connection with such requests.
        "(3) Reports required. - The Secretary of the Treasury and the
      Secretary of State shall each submit, by February 1, 1997, a
      written report to the Committee on Banking and Financial Services
      of the House of Representatives and the Committee on Banking,
      Housing, and Urban Affairs of the Senate explaining the reasons
      for the rejection, if any, of any proposed post and the reasons
      for the failure, if any, to fill any approved post by such date.
      "(h) Enhanced Penalties for International Counterfeiting of
    United States Currency. - Pursuant to the authority of the United
    States Sentencing Commission under section 994 of title 28, United
    States Code, the Commission shall amend the sentencing guidelines
    prescribed by the Commission to provide an appropriate enhancement
    of the punishment for a defendant convicted under section 470 of
    title 18 of such Code."
      [For transfer of the functions, personnel, assets, and
    obligations of the United States Secret Service, including the
    functions of the Secretary of the Treasury relating thereto, to the
    Secretary of Homeland Security, and for treatment of related
    references, see sections 381, 551(d), 552(d), and 557 of Title 6,
    Domestic Security, and the Department of Homeland Security
    Reorganization Plan of November 25, 2002, as modified, set out as a
    note under section 542 of Title 6.]