Page:United States Statutes at Large Volume 124.djvu/1360

 124 STAT. 1334 PUBLIC LAW 111–195—JULY 1, 2010 Secretary of the Treasury has found the foreign financial institution to knowingly engage in any such activity. (2) PENALTIES.—The penalties provided for in sections 5321(a) and 5322 of title 31, United States Code, shall apply to a person that violates a regulation prescribed under para- graph (1) of this subsection, in the same manner and to the same extent as such penalties would apply to any person that is otherwise subject to such section 5321(a) or 5322. (f) WAIVER.—The Secretary of the Treasury may waive the application of a prohibition or condition imposed with respect to a foreign financial institution pursuant to subsection (c) or the imposition of a penalty under subsection (d) with respect to a domestic financial institution on and after the date that is 30 days after the Secretary— (1) determines that such a waiver is necessary to the national interest of the United States; and (2) submits to the appropriate congressional committees a report describing the reasons for the determination. (g) PROCEDURES FOR JUDICIAL REVIEW OF CLASSIFIED INFORMA- TION.— (1) IN GENERAL.—If a finding under subsection (c)(1), a prohibition, condition, or penalty imposed as a result of any such finding, or a penalty imposed under subsection (d), is based on classified information (as defined in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.)) and a court reviews the finding or the imposition of the prohibi- tion, condition, or penalty, the Secretary of the Treasury may submit such information to the court ex parte and in camera. (2) RULE OF CONSTRUCTION.—Nothing in this subsection shall be construed to confer or imply any right to judicial review of any finding under subsection (c)(1), any prohibition, condition, or penalty imposed as a result of any such finding, or any penalty imposed under subsection (d). (h) CONSULTATIONS IN IMPLEMENTATION OF REGULATIONS.—In implementing this section and the regulations prescribed under this section, the Secretary of the Treasury— (1) shall consult with the Secretary of State; and (2) may, in the sole discretion of the Secretary of the Treasury, consult with such other agencies and departments and such other interested parties as the Secretary considers appropriate. (i) DEFINITIONS.— (1) IN GENERAL.—In this section: (A) ACCOUNT; CORRESPONDENT ACCOUNT; PAYABLE- THROUGH ACCOUNT.—The terms ‘‘account’’, ‘‘correspondent account’’, and ‘‘payable-through account’’ have the meanings given those terms in section 5318A of title 31, United States Code. (B) AGENT.—The term ‘‘agent’’ includes an entity estab- lished by a person for purposes of conducting transactions on behalf of the person in order to conceal the identity of the person. (C) FINANCIAL INSTITUTION.—The term ‘‘financial institution’’ means a financial institution specified in subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), (J), (M), or (Y) of section 5312(a)(2) of title 31, United States Code. Reports. Determination. Effective date. Applicability.