Page:United States Statutes at Large Volume 115 Part 1.djvu/336

 115 STAT. 314 PUBLIC LAW 107-56 —OCT. 26, 2001 "(ii) LIMITATION ON LIABILITY.— ^A covered financial institution shall not be liable to any person in any court or arbitration proceeding for terminating a correspondent relationship in accordance with this subsection. "(iii) FAILURE TO TERMINATE RELATIONSHIP. — Failure to terminate a correspondent relationship in accordance with this subsection shall render the covered financial institution liable for a civil penalty of up to $10,000 per day until the correspondent relationship is so terminated.". 31 USC 5318 (c) GRACE PERIOD.— F inancial institutions shall have 60 days °ote. from the date of enactment of this Act to comply with the provisions of section 5318(k) of title 31, United States Code, as added by this section. (d) AUTHORITY TO ORDER CONVICTED CRIMINAL TO RETURN PROPERTY LOCATED ABROAD.— (1) FORFEITURE OF SUBSTITUTE PROPERTY. —Section 413(p) of the Controlled Substances Act (21 U.S.C. 853) is amended to read as follows: "(p) FORFEITURE OF SUBSTITUTE PROPERTY. — "(1) IN GENERAL.— Paragraph (2) of this subsection shall apply, if any property described in subsection (a), as a result of any act or omission of the defendant— "(A) cannot be located upon the exercise of due diligence; "(B) has been transferred or sold to, or deposited with, a third party; "(C) has been placed beyond the jurisdiction of the court; "(D) has been substantially diminished in value; or "(E) has been commingled with other property which cannot be divided without difficulty. "(2) SUBSTITUTE PROPERTY.—In any case described in any of subparagraphs (A) through (E) of paragraph (1), the court shall order the forfeiture of any other property of the defendant, up to the value of any property described in subparagraphs (A) through (E) of paragraph (1), as applicable. "(3) RETURN OF PROPERTY TO JURISDICTION. —In the case of property described in paragraph (1)(C), the court may, in addition to any other action authorized by this subsection, order the defendant to return the property to the jurisdiction of the court so that the property may be seized and forfeited.". (2) PROTECTIVE ORDERS.—Section 413(e) of the Controlled Substances Act (21 U.S.C. 853(e)) is amended by adding at the end the following: "(4) ORDER TO REPATRIATE AND DEPOSIT.— "(A) IN GENERAL. — Pursuant to its authority to enter a pretrial restraining order under this section, the court may order a defendant to repatriate any property that may be seized and forfeited, and to deposit that property pending trial in the registry of the court, or with the United States Marshals Service or the Secretary of the Treasury, in an interest-bearing account, if appropriate. "(B) FAILURE TO COMPLY.—Failure to comply with an order under this subsection, or an order to repatriate property under subsection (p), shall be punishable as a civil

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