Delegation of Authority to the Director, Bureau of Alcohol, Tobacco and Firearms, To Investigate Violations of 18 U.S.C. 1956 and 1957

[Federal Register Volume 64, Number 26 (Tuesday, February 9, 1999)]
[Notices]
[Page 6418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3118]


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DEPARTMENT OF THE TREASURY

[Treasury Directive Number 15-12]


Delegation of Authority to the Director, Bureau of Alcohol, 
Tobacco and Firearms, To Investigate Violations of 18 U.S.C. 1956 and 
1957

Dated: January 25, 1999.

1. Purpose

    This Directive delegates to the Director, Bureau of Alcohol, 
Tobacco and Firearms (ATF), authority to investigate violations of 18 
U.S.C. 1956 and 1957.

2. Delegation

    By virtue of the authority vested in the Secretary of the Treasury 
by 18 U.S.C. 981, 1956(e) and 1957(e) and the authority delegated to 
the Under Secretary (Enforcement) by Treasury Order (TO) 101-05, there 
is hereby delegated to the Director, ATF:
    a. investigatory authority over violations of 18 U.S.C. 1956 or 
1957 involving: 18 U.S.C. 2341-2346 (trafficking in contraband 
cigarettes); Sec. 38 of the Arms Export Control Act, 22 U.S.C. 2778 
(relating to the importation of items on the U.S. Munitions Import 
List, except violations relating to exportation, in transit, temporary 
import, or temporary export transactions); 18 U.S.C. 1952 (relating to 
traveling in interstate commerce, with respect to liquor on which 
Federal excise tax has not been paid); or any act or activity 
constituting an offense listed in 18 U.S.C. 1961(1), with respect to 
any act or threat involving arson, which is chargeable under State law 
and punishable for more than one year imprisonment; and
    b. seizure and forfeiture authority and related authority under 18 
U.S.C. 981 relating to violations of 18 U.S.C. 1956 or 1957 within the 
investigatory jurisdiction of ATF under paragraph 2.a., and seizure 
authority under 18 U.S.C. 981 relating to any other violation of 18 
U.S.C. 1956 or 1957 if the bureau with investigatory authority is not 
present to make the seizure. Property seized under 18 U.S.C. 981 where 
investigatory jurisdiction is with another bureau not present at the 
time of the seizure shall be turned over to that bureau.

3. Forfeiture Remission

    The Director, ATF, is authorized to remit or mitigate forfeitures 
of property valued at not more than $500,000 seized pursuant to 
paragraph 2.b.

4. Redelegation

    The authority delegated by this Directive may be redelegated.

5. Coordination

    a. If at any time during an investigation of a violation of 18 
U.S.C. 1956 or 1957, the Director, ATF, discovers evidence of a matter 
within the jurisdiction of another Treasury bureau, the Director, ATF, 
shall immediately notify that bureau of the investigation and invite 
that bureau to participate in the investigation. The Director, ATF, 
shall attempt to resolve disputes over investigatory jurisdiction with 
other Treasury bureaus at the field level.
    b. The Under Secretary (Enforcement) shall settle disputes that 
cannot be resolved by the bureaus. The Under Secretary (Enforcement) 
shall settle disputes over investigatory jurisdiction with the Internal 
Revenue Service in consultation with the Commissioner, Internal Revenue 
Service.
    c. With respect to matters discovered within the investigatory 
jurisdiction of a Department of Justice bureau or the Postal Service, 
the Director, ATF, shall adhere to the provisions on notice and 
coordination in the ``Memorandum of Understanding Among the Secretary 
of the Treasury, the Attorney General and the Postmaster General 
Regarding Money Laundering Investigations,'' dated August 16, 1990, or 
any such subsequent memorandum of understanding entered pursuant to 18 
U.S.C. 1956(e) or 1957(e).
    d. With respect to seizure and forfeiture operations and activities 
within its investigative jurisdiction, ATF shall comply with the 
policy, procedures, and directives developed and maintained by the 
Treasury Executive Office for Asset Forfeiture. Compliance shall 
include adhering to the oversight, reporting, and administrative 
requirements relating to seizure and forfeiture contained in such 
policy, procedures, and directives.

6. Authorities

    a. 18 U.S.C. 981, 1952, 1956, 1957, 1961, and 2341-2346.
    b. 31 U.S.C. 5311-5326 (other than violations of 31 U.S.C. 5316).
    c. 22 U.S.C. 2778.
    d. TO 101-05, ``Reporting Relationships and Supervision of 
Officials, Offices and Bureaus, Delegation of Certain Authority, and 
Order of Succession in the Department of the Treasury,'' dated May 4, 
1995.
    e. TO 102-14, ``Delegation of Authority with Respect to the 
Treasury Forfeiture Fund Act of 1992,'' dated January 10, 1995.

7. Cancellation

    Treasury Directive 15-12, ``Delegation of Authority to the 
Director, Bureau of Alcohol, Tobacco and Firearms to Investigate 
Violations of 18 U.S.C. 1956 and 1957,'' dated September 11, 1995, is 
superseded.

8. Expiration Date

    This Directive shall expire three years from the date of issuance 
unless superseded or canceled prior to that date.

9. Office of Primary Interest

    Office of the Under Secretary (Enforcement).
James E. Johnson,
Under Secretary (Enforcement).
[FR Doc. 99-3118 Filed 2-8-99; 8:45 am]
BILLING CODE 4810-25-P