§ 470. — Counterfeit acts committed outside the United States.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC470]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 25--COUNTERFEITING AND FORGERY
Sec. 470. Counterfeit acts committed outside the United States
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.
(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,''.
Termination Date of 2001 Amendment
Amendments by title III of Pub. L. 107-56 to terminate effective on
and after the first day of fiscal year 2005 if Congress enacts a joint
resolution that such amendments no longer have the force of law, see
section 303 of Pub. L. 107-56, set out as a Four-Year Congressional
Review; Expedited Consideration note under section 5311 of Title 31,
Money and Finance.
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.]
