which the regulation applies, and, if such person is a partnership, corporation, or other entity, upon any partner, director, officer, or employee thereof who willfully participates in the violation, a civil penalty not exceeding $1,000. (b) In the event of the failure of any person to pay any penalty assessed under this section, a civil action for the recovery thereof may, in the discretion of the Secretary, be brought in the name of the United States. S 126. Criminal penalty Whoever willfully violates any regulation under this chapter shall be fined not more than $1,000 or imprisoned not more than one year, or both. S 127. Additional criminal penalty in certain cases Whoever willfully violates any regulation under this chapter, section 21 of the Federal Deposit Insurance Act, or section 411 of the National Housing Act, where the violation is committed in furtherance of the commission of any violation of Federal law punishable by imprisonment for more than one year shall be fined not more than $10,000 or imprisoned not more than five years, or both. 210. Sec. 201 221 231 -241 Additional criminal penalty in certain cases. 211. Immunity of witnesses. S 201. Short title This title may be cited as the "Currency and Foreign The purposes of this title are--to-facilitate-the supervision-of-financial-institutions-property-subject-to-Federal supervision,-2) is to aid duly constituted authorities in law ful criminal, tax and regulatory investigations and proceedings, and-(3)-to-provide-for-the-collection-of--statisties-necessary for-the-formulation-of-monetary-and-eeenemie-policy S 203. (a) Definitions and rules of construction The definitions and rules of construction set forth in this section apply for the purposes of this title. The term "Secretary" means the Secretary of (b) the Treasury. (c) The term "individual" means a natural person. (d) The term "person" includes individuals, part nerships, trusts, estates, associations, corporations, and all other entities cognizable as legal personalities. (e) The term "financial institution" means any person which does business in any one or more of the following capacities: (1) an insured bank as defined in section (6) a savings bank, building and loan association, or other thrift institution; (7) a broker or dealer registered with the Securities and Exchange Commission under the Securities Exchange Act of 1934; (8) a broker or dealer in securities or commodities; checks, checks, money orders, or similar instruments otherwise than for its own account; (12) an operator of a credit card system; (13) an insurance company; (14) a dealer in precious metals, stones, or (19) a telegraph company; or (17) (20) any other type of business or institution performing similar or related functions specified by the Secretary by regulation for the purposes of the provision of this title to which the regulation relates. (f)--Phe-term-"domestie-financial-institution" means-any-person-which-does-business-as-a-financial-institution-in-any-place-subject-to-the-jurisdiction-of-the-United States: (f) The term "financial agency" means any person which acts in the capacity of a financial institution or in the capacity of a bailee, depository, trustee, agent, or in any other similar capacity with respect to money, credit, securities, or gold or transactions therein, on behalf of any person other than a government, a monetary or financial authority when acting as such, or an international financial institution of which the United States is a member. (h)--The-term-"foreign-financial-ageney"-means-any financial-agency-which-transaets-any-business-as-such-at-any płace-not-subject-to-the-jurisdiction-of-the-United-States. *(g) The term "domestic", used with reference to institutions or agencies, limits the applicability of the provision wherein it appears to such institutions or agencies to the extent that they perform any functions as such within the United States. * (h) The term "foreign", used with reference to institutions or agencies, limits the applicability of the provision wherein it appears to such institutions or agencies to the extent that they perform any functions as such outside the United States. In order to eliminate ambiguity between foreign and domestic branches, H. R. 15073, as passed by the House included these revisions. |