31 U.S.C. § 5319 — Availability of reports

Page 471 TITLE 31—MONEY AND FINANCE § 5320 ‘‘(a) DETERMINATION.—If the Secretary of the Treas- ury determines that reasonable grounds exist for con- cluding that one or more financial institutions oper- ating outside of the United States, or 1 or more classes of transactions within, or involving, a jurisdiction out- side of the United States, or 1 or more types of ac- counts within, or involving, a jurisdiction outside of the United States is of primary money laundering con- cern 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 do- mestic 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 fi- nancial 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 laun- dering concern, or of the requirement for 1 or more spe- cial measures with respect to a primary money laun- dering concern made under this section, if the designa- tion or imposition, or both, were based on classified in- formation (as defined in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.), such in- formation may be submitted by the Secretary to the reviewing court ex parte and in camera. This sub- section 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 pro- vided in section 5319 of title 31, United States Code, shall apply to any report or record of report filed pur- suant 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 sec- tion. ‘‘(d) PENALTIES.—The penalties provided for in sec- tions 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 sub- section (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 require- ment 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. § 5319. Availability of reports The Secretary of the Treasury shall make in- formation in a report filed under this subchapter available to an agency, including any State fi- nancial institutions supervisory agency, United States intelligence agency or self-regulatory or- ganization registered with the Securities and Exchange Commission or the Commodity Fu- tures Trading Commission, upon request of the head of the agency or organization. The report shall be available for a purpose that is con- sistent with this subchapter. The Secretary may only require reports on the use of such informa- tion by any State financial institutions super- visory agency for other than supervisory pur- poses or by United States intelligence agencies. However, a report and records of reports are ex- empt from search and disclosure under section 552 of title 5, and may not be disclosed under any State, local, tribal, or territorial ‘‘freedom of in- formation’’, ‘‘open government’’, or similar law. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 999; Pub. L. 102–550, title XV, § 1506, Oct. 28, 1992, 106 Stat. 4055; Pub. L. 107–56, title III, § 358(c), Oct. 26, 2001, 115 Stat. 326; Pub. L. 112–74, div. C, title I, § 119, Dec. 23, 2011, 125 Stat. 891; Pub. L. 116–283, div. F, title LXI, § 6109(b), Jan. 1, 2021, 134 Stat. 4561.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 5319 ......... 31:1052(j). Oct. 26, 1970, Pub. L. 91–508, §§ 203(j), 212, 84 Stat. 1120, 1121. 31:1061. The words ‘‘upon such conditions and pursuant to such procedures as he may by regulation prescribe’’ and ‘‘set forth’’ in 31:1061, and the word ‘‘specifically’’ in 31:1052(j), are omitted as surplus. Editorial Notes AMENDMENTS 2021—Pub. L. 116–283 inserted ‘‘search and’’ before ‘‘disclosure’’. 2011—Pub. L. 112–74 inserted ‘‘, and may not be dis- closed under any State, local, tribal, or territorial ‘freedom of information’, ‘open government’, or similar law’’ after ‘‘section 552 of title 5’’. 2001—Pub. L. 107–56 reenacted section catchline with- out change and amended text generally. Prior to amendment, text read as follows: ‘‘The Secretary of the Treasury shall make information in a report filed under section 5313, 5314, or 5316 of this title available to an agency, including any State financial institutions supervisory agency, on request of the head of the agen- cy. The report shall be available for a purpose con- sistent with those sections or a regulation prescribed under those sections. The Secretary may only require reports on the use of such information by any State fi- nancial institutions supervisory agency for other than supervisory purposes. However, a report and records of reports are exempt from disclosure under section 552 of title 5.’’ 1992—Pub. L. 102–550 substituted ‘‘to an agency, in- cluding any State financial institutions supervisory agency,’’ for ‘‘to an agency’’ in first sentence and in- serted after second sentence ‘‘The Secretary may only require reports on the use of such information by any State financial institutions supervisory agency for other than supervisory purposes.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2001 AMENDMENT Amendment by Pub. L. 107–56 applicable with respect to reports filed or records maintained on, before, or after Oct. 26, 2001, see section 358(h) of Pub. L. 107–56, set out as a note under section 1829b of Title 12, Banks and Banking. § 5320. Injunctions When the Secretary of the Treasury believes a person has violated, is violating, or will violate