We get a lot of inquiries from travelers who were requested by Customs and Border Protection (CBP) to complete and sign the FinCEN Form 105, so we thought it would be helpful to post a short Frequently Asked Questions page about Form 105. Please note the information can change at anytime so it’s best to always check the official Customs and Border Protection (CBP) website.
What is FinCEN Form 105?
FinCEN Form 105 is a form you must complete to report that you are carrying more than $10,000 in currency while entering or leaving the US.
What is considered currency?
The FINCEN definition of currency: The coin and paper money of the United States or any other country that is (1) designated as legal tender and that (2) circulates and (3) is customarily accepted as a medium of exchange in the country of issuance.
Do I only report coin and paper money?
CBP says all travelers are required to report “negotiable monetary instruments” which includes currency or endorsed checks valued more than $10,000.
What are “negotiable instruments”?
-Coin or currency from US or other countries;
-Gold coins (excludes gold bullion);
-Travelers checks;
-Checks;
-Promissory notes;
-Money orders;
-Checks or money orders made out to someone else;
-Checks or money orders endorsed without restriction (for deposit only);
-Incomplete checks that are signed even if the “To” line is blank
-Securities or stocks in bearer form
What if I fail to declare currency in amounts more than $10,000?
Customs will seize the currency. The seizure process at the airport takes time and you will be delayed and/or miss a connecting flight.
I’m a foreign visitor to the US, do I still have to fill out a FinCEN Form 105?
Yes, anyone entering or leaving the US is required to report their currency.
What if I have a layover in the US on my way to another country, do I still have to fill out a FinCEN Form 105?
Yes, a layover in-transit to a foreign country at a US airport is still considered entering the US.
If I report the currency, is there a duty on the amount I report?
No, CBP does not collect duty on any currency.
What does the form look like?
The most recent version of Form 105 (July 2017) can be found here:
https://www.fincen.gov/sites/default/files/shared/fin105_cmir.pdf
Is the form available in other languages?
Unfortunately the form is only available in English. If you need the FinCEN form translated in Chinese, I can help out.
My currency was seized, what should I do?
Contact me soon as there are time requirements on getting your seized currency returned to you.
I have more questions, can I contact you?
Feel free to email me at attorney.dave@yahoo.com or 832.896.6288.