Page:United States Statutes at Large Volume 115 Part 1.djvu/321

 PUBLIC LAW 107-56 —OCT. 26, 2001 115 STAT. 299 agencies to take 1 or more of the special measures described in subsection (b) if the Secretary finds that reasonable grounds exist for concluding that a jurisdiction outside of the United States, 1 or more financial institutions operating outside of the United States, 1 or more classes of transactions within, or involving, a jurisdiction outside of the United States, or 1 or more types of accounts is of primary money laundering concern, in accordance with subsection (c). " (2) FORM OF REQUIREMENT.—The special measures described in— "(A) subsection (b) may be imposed in such sequence or combination as the Secretary shall determine; "(B) paragraphs (1) through (4) of subsection (b) may be imposed by regulation, order, or otherwise as permitted by law; and "(C) subsection (b)(5) may be imposed only by regulation. "(3) DURATION OF ORDERS; RULEMAKING. —Any order by which a special measure described in paragraphs (1) through (4) of subsection (b) is imposed (other than an order described in section 5326)— "(A) shall be issued together with a notice of proposed rulemaking relating to the imposition of such special measure; and "(B) may not remain in effect for more than 120 days, except pursuant to a rule promulgated on or before the end of the 120-day period beginning on the date of issuance of such order. "(4) PROCESS FOR SELECTING SPECIAL MEASURES.—In selecting which special measure or measures to take under this subsection, the Secretary of the Treasury— "(A) shall consult with the Chairman of the Board of Governors of the Federal Reserve System, any other appropriate Federal banking agency, as defined in section 3 of the Federal Deposit Insurance Act, 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; and "(B) shall consider— "(i) whether similar action has been or is being taken by other nations or multilateral groups; "(ii) whether the imposition of any particular special measure would create a significant competitive disadvantage, including any undue cost or burden associated with compliance, for financial institutions organized or licensed in the United States; "(iii) the extent to which the action or the timing of the action would have a significant adverse systemic impact on the international payment, clearance, and settlement system, or on legitimate business activities involving the particular jurisdiction, institution, or class of transactions; and "(iv) the effect of the action on United States national security and foreign policy. 89-1940 -03 -11QL3 Part1

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