GOLD, SILVER, CURRENCY, AND STAMPS

20. Gold and Silver. The provisions of the National Stamping Act, as amended (15 U.S.C. 291-300) are enforced inpart by U.S. Customs and by the FBI. Articles made of gold or alloys thereof are prohibited importation into the United States if the gold content is one-half carat divergence below the indicated fineness. In the case of articles made of gold or gold alloy, including the solder and alloy of inferior fineness, a one-carat divergence below the indicated fineness is permitted. Articles marked “sterling” or “sterling silver” must assay at least 0.925 of pure silver with a 0.004 divergence allowed. Other articles of silver or silver alloys must assay not less than 0.004 part below the indicated finess thereof. Articles marked “coin” or “coin silver” must contain at least 0.900 part pure silver with an allowable divergence therefrom of 0.004 part below.

A person placing articles of gold or silver bearing a fineness or quality mark such as 14 K, sterling, etc., in the mail or in interstate commerce must place his name or registered trademark next to the fineness mark in letters the same size as the fineness mark. The trademark or name is not required at the time of importation; therefore, Customs has not direct responsibility for enforcement of the law. Persons making inquiry or seeking advice or interpretation of the law should consult with the Department of Justice.

Articles bearing the words “United States Assay” are prohibited importations. Articles made wholly or in part of inferior metal and plated or filled with gold or silver or alloys thereof and which are marked with the degree of fineness must also be marked to indicate the plated or filled content, and in such cases, the use of the words “sterling” or “coin” is prohibited.

All restrictions on the purchase, holding, selling, or otherwise dealing with gold were removed effective December 31, 1974, and gold may be imported subject to the usual Customs entry requirements. Under the Hobby Protection Act, administered by the Bureau of Consumer Protection of the Federal Trade Commission, any imitation numismatic item must be plainly and permenently marked “copy”; those that do not comply are subject to seizure and forfeiture. Unofficial gold coin restrikes must be marked with the country of origin. It is advisable to obtain a copy of the legal proclamation under which the coins are issued or an affadavit of government sanction of coins should be secured from a responsible banking official if the proclamation is unavailable.

21. Counterfeit Articles. Articles bearing facsimiles or replicas of coins or securities of the United States or of any foreign country cannot be imported. Counterfeits of coins in circulation in the United States; counterfeited, forged, or altered obligations or other securities of the United States or of any foreign government; plates, dies, or other apparatus which may be used in making any of the foregoing are prohibited importations.

22. Monetary Instruments. Under the Currency and Foreign Transactions Reporting Act, 31 U.S.C. 5311 et seq., if a person knowingly transports, is about to transport, or has transported, more than $10,000 in monetary instruments at one time to, through or from the United States; or if a person receives more than $10,000 at one time from or through a place outside the United States, a report of the transportation (Customs Form 4790) must be filed with the U.S. Customs Service. Monetary instruments include U.S. or foreign coin, currency; traveler’s checks in any form, personal and other checks, and money orders, either in bearer negotiable form or endorsed without restriction; and securities or stocks in bearer form. A bank check or money order made payble to a named person but not endorsed, or which bears a restrictive endorsement, is not considered to be a “monetary instrument.” The Department of Treasury regulations governing the report of monetary instruments are set forth at 31 CFR part 103.

23. Postage Stamps. Facsimiles of United States postage stamps are prohibited except those for philatelic, educational, historical, or newsworthy purposes. Further information should be obtained from the United States Secret Service, Department of the Treasury, Washington, D.C. 20223.