§ 5312. Definitions and application
(a)
In this subchapter—
(1)
“financial agency” means a person acting for a person (except for a country, a monetary or financial authority acting as a monetary or financial authority, or an international financial institution of which the United States Government is a member) as a financial institution, bailee, depository trustee, or agent, or acting in a similar way related to money, credit, securities, gold, or a transaction in money, credit, securities, or gold.
(2)
“financial institution” means—
(A)
an insured bank (as defined in section 3(h) of the Federal Deposit Insurance Act (12 U.S.C. 1813
(h)));
(G)
a broker or dealer registered with the Securities and Exchange Commission under the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.);
(K)
an issuer, redeemer, or cashier of travelers’ checks, checks, money orders, or similar instruments;
(R)
a licensed sender of money or any other person who engages as a business in the transmission of funds, including any person who engages as a business in an informal money transfer system or any network of people who engage as a business in facilitating the transfer of money domestically or internationally outside of the conventional financial institutions system;
(W)
an agency of the United States Government or of a State or local government carrying out a duty or power of a business described in this paragraph;
(X)
a casino, gambling casino, or gaming establishment with an annual gaming revenue of more than $1,000,000 which—
(3)
“monetary instruments” means—
(4)
Nonfinancial trade or business.—
The term “nonfinancial trade or business” means any trade or business other than a financial institution that is subject to the reporting requirements of section
5313 and regulations prescribed under such section.
(5)
“person”, in addition to its meaning under section
1 of title
1, includes a trustee, a representative of an estate and, when the Secretary prescribes, a governmental entity.
(6)
“United States” means the States of the United States, the District of Columbia, and, when the Secretary prescribes by regulation, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, American Samoa, the Trust Territory of the Pacific Islands, a territory or possession of the United States, or a military or diplomatic establishment.
(b)
In this subchapter—
(c)
Additional Definitions.—
For purposes of this subchapter, the following definitions shall apply:
(1)
[1] Certain institutions included in definition.—The term “financial institution” (as defined in subsection (a)) includes the following:
(A)
[2] Any futures commission merchant, commodity trading advisor, or commodity pool operator registered, or required to register, under the Commodity Exchange Act.
[1] So in original. No par. (2) has been enacted.
[2] So in original. No subpar. (B) has been enacted.