1
So in original. Probably should be followed by a comma.
the Secretary of State, the Securities and Exchange Commission, the Commodity Futures Trading Commission, the National Credit Union Administration Board, and in the sole discretion of the Secretary, such other agencies and interested parties as the Secretary may find to be appropriate; and2
So in original. A second closing parenthesis probably should precede the comma.
such information may be submitted by the Secretary to the reviewing court ex parte and in camera. This subsection does not confer or imply any right to judicial review of any finding made or any requirement imposed under this section.References in Text
Section 3 of the Federal Deposit Insurance Act, referred to in subsec. (a)(4)(A), is classified to section 1813 of Title 12, Banks and Banking.
Section 19(b)(1)(C) of the Federal Reserve Act, referred to in subsec. (e)(1)(C), is classified to section 461(b)(1)(C) of Title 12, Banks and Banking.
Section 509 of the Gramm-Leach-Bliley Act, referred to in subsec. (e)(2), is classified to section 6809 of Title 15, Commerce and Trade.
Section 1(a) of the Classified Information Procedures Act, referred to in subsec. (f), is [section 1(a) of Pub. L. 96–456], which is set out in the Appendix to Title 18, Crimes and Criminal Procedure.
Amendments
2006—Subsec. (c)(2)(A)(i). [Pub. L. 109–293, § 501(1)], substituted “or entities involved in the proliferation of weapons of mass destruction or missiles” for “or both,”.
Subsec. (c)(2)(B)(i). [Pub. L. 109–293, § 501(2)], inserted “, including any money laundering activity by organized criminal groups, international terrorists, or entities involved in the proliferation of weapons of mass destruction or missiles” before semicolon at end.
2004—[Pub. L. 108–458, § 6203(e)], amended section catchline generally. Prior to amendment, catchline read as follows: “Special measures for jurisdictions, financial institutions, or international transactions of primary money laundering concern”.
Subsec. (a)(4)(A). [Pub. L. 108–458, § 6203(f)(1)], substituted “(as defined in section 3 of the Federal Deposit Insurance Act)” for “, as defined in section 3 of the Federal Deposit Insurance Act,”.
Subsec. (a)(4)(B)(iii). [Pub. L. 108–458, § 6203(f)(2)], substituted “class of transactions, or type of account” for “or class of transactions”.
Subsec. (b)(1)(A). [Pub. L. 108–458, § 6203(f)(3)], substituted “class of transactions, or type of account to be” for “or class of transactions to be”.
Subsec. (e)(3). [Pub. L. 108–458, § 6203(f)(4)], inserted “or subsection (i) or (j) of section 5318” after “identification of individuals under this section”.
2003—Subsec. (f). [Pub. L. 108–177] added subsec. (f).
Statutory Notes and Related Subsidiaries
Effective Date of 2004 Amendment
Amendment by [Pub. L. 108–458] effective as if included in [Pub. L. 107–56], as of the date of enactment of such Act, and no amendment made by [Pub. L. 107–56] that is inconsistent with such amendment to be deemed to have taken effect, see [section 6205 of Pub. L. 108–458], set out as a note under section 1828 of Title 12, Banks and Banking.
Determination With Respect to Primary Money Laundering Concern of Russian Illicit Finance
[Pub. L. 116–283, div. H, title XCVII, § 9714(a)]–(e), Jan. 1, 2021, [134 Stat. 4838], as amended by [Pub. L. 117–81, div. F, title LXI, § 6106(b)(2)], Dec. 27, 2021, [135 Stat. 2387], provided that:“(a)
Determination.—
If the Secretary of the Treasury determines that reasonable grounds exist for concluding that one or more financial institutions operating outside of the United States, or 1 or more classes of transactions within, or involving, a jurisdiction outside of the United States, or 1 or more types of accounts within, or involving, a jurisdiction outside of the United States is of primary money laundering concern in connection with Russian illicit finance, the Secretary of the Treasury may, by order, regulation, or otherwise as permitted by law—
“(1)
require domestic financial institutions and domestic financial agencies to take 1 or more of the special measures described in
section 5318A(b) of title 31, United States Code; or
“(2)
prohibit, or impose conditions upon, certain transmittals of funds (to be defined by the Secretary) by any domestic financial institution or domestic financial agency, if such transmittal of funds involves any such institution, class of transaction, or type of account.
“(b)
Classified Information.—
In any judicial review of a finding of the existence of a primary money laundering concern, or of the requirement for 1 or more special measures with respect to a primary money laundering concern made under this section, if the designation or imposition, or both, were based on classified information (as defined in section 1(a) of the Classified Information Procedures Act (
18 U.S.C. App.), such information may be submitted by the Secretary to the reviewing court ex parte and in camera. This subsection does not confer or imply any right to judicial review of any finding made or any requirement imposed under this section.
“(c)
Availability of Information.—
The exemptions from, and prohibitions on, search and disclosure provided in
section 5319 of title 31, United States Code, shall apply to any report or record of report filed pursuant to a requirement imposed under subsection (a) of this section. For purposes of
section 552 of title 5, United States Code, this subsection shall be considered a statute described in subsection (b)(3)(B) of that section.
“(d)
Penalties.—
The penalties provided for in sections 5321 and 5322 of title 31, United States Code, that apply to violations of special measures imposed under
section 5318A of title 31, United States Code, shall apply to violations of any order, regulation, special measure, or other requirement imposed under subsection (a) of this section, in the same manner and to the same extent as described in sections 5321 and 5322.
“(e)
Injunctions.—
The Secretary of the Treasury may bring a civil action to enjoin a violation of any order, regulation, special measure, or other requirement imposed under subsection (a) of this section in the same manner and to the same extent as described in
section 5320 of title 31, United States Code.”
[[Section 9714 of Pub. L. 116–283] consists of subsecs. (a) to (g). Subsecs. (a) to (e) are set out above. Subsecs. (f) and (g), formerly (b) and (c), are not classified to the Code.]
“Federal Functional Regulator” Includes Commodity Futures Trading Commission
For purposes of [Pub. L. 107–56] and any amendment by [Pub. L. 107–56], the term “Federal functional regulator” includes the Commodity Futures Trading Commission, see [section 321(c) of Pub. L. 107–56], set out as a note under section 5318 of this title.