I 

117TH CONGRESS 

2D SESSION H. R. 6511 

To direct the Secretary of the Treasury to determine if there are reasonable 

grounds to conclude that there is a primary money laundering concern 

in connection with Afghan illicit finance, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 28, 2022 

Mr. AUCHINCLOSS introduced the following bill; which was referred to the 

Committee on Financial Services 

A BILL 

To direct the Secretary of the Treasury to determine if 

there are reasonable grounds to conclude that there is 

a primary money laundering concern in connection with 

Afghan illicit finance, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘No Bank Accounts 

5 for Terrorists Act’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds the following: 


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1 (1) There is evidence to suggest that the 

2 Taliban raises revenue to support nefarious and il3 licit activities through donations from foreign indi4 viduals, illicit drug exports, and precious mineral ex5 traction. 

6 (2) In August 2021, following the desertion of 

7 Afghan President Ashraf Ghani and the withdrawal 

8 of United States troops, the Taliban assumed con9 trol of the majority of Afghanistan. 

10 (3) Members of the Taliban are listed on the 

11 Department of the Treasury’s Specially Designated 

12 Nationals And Blocked Persons List. 

13 (4) The Department of the Treasury’s Office of 

14 Foreign Assets Control (OFAC) has issued two gen15 eral licenses (GLs) to support humanitarian assist16 ance to the Afghanistan people. 

17 (5) The Department of the Treasury can issue 

18 special measures for entities that are considered a 

19 primary money laundering concern. 

20 SEC. 3. DETERMINATION WITH RESPECT TO PRIMARY 

21 MONEY LAUNDERING CONCERN OF AFGHAN 

22 ILLICIT FINANCE. 

23 (a) DETERMINATION.—If the Secretary of the Treas24 ury determines that reasonable grounds exist for con25 cluding that one or more financial institutions operating 


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1 outside of the United States, or 1 or more classes of trans2 actions within, or involving, a jurisdiction outside of the 

3 United States, or 1 or more types of accounts within, or 

4 involving, a jurisdiction outside of the United States is of 

5 primary money laundering concern in connection with Af6 ghan illicit finance, the Secretary of the Treasury may, 

7 by order, regulation, or otherwise as permitted by law— 

8 (1) require domestic financial institutions and 

9 domestic financial agencies to take 1 or more of the 

10 special measures described in section 5318A(b) of 

11 title 31, United States Code; or 

12 (2) prohibit, or impose conditions upon, certain 

13 transmittals of funds (to be defined by the Sec14 retary) involving any domestic financial institution 

15 or domestic financial agency, if such transmittal of 

16 funds involves any such institution, class of trans17 action, or type of account. 

18 (b) REPORT REQUIRED.— 

19 (1) IN GENERAL.—Not later than 1 year after 

20 the date of enactment of this Act, the Secretary of 

21 the Treasury shall submit to the Committees on Fi22 nancial Services and Foreign Affairs of the House of 

23 Representatives and the Committees on Banking, 

24 Housing, and Urban Affairs and Foreign Relations 

25 of the Senate a report that shall identify any addiVerDate Sep 11 2014 22:37 Jan 28, 2022 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6511.IH H6511

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1 tional regulations, statutory changes, enhanced due 

2 diligence, and reporting requirements that are nec3 essary to better identify, prevent, and combat money 

4 laundering linked to Afghanistan, including related 

5 to— 

6 (A) identifying the beneficial ownership of 

7 anonymous companies; 

8 (B) strengthening current, or enacting 

9 new, reporting requirements and customer due 

10 diligence requirements for sectors and entities 

11 that support illicit financial activity related to 

12 Afghanistan; and 

13 (C) enhanced know-your-customer proce14 dures and screening for transactions involving 

15 Afghan political leaders, Afghan state-owned or 

16 -controlled enterprises, and known Afghan 

17 transnational organized crime figures. 

18 (2) FORMAT.—The report required under this 

19 subsection shall be made available to the public, in20 cluding on the website of the Department of the 

21 Treasury, but may contain a classified annex and be 

22 accompanied by a classified briefing. 

23 (c) SENSE OF CONGRESS ON INTERNATIONAL CO24 OPERATION.—It is the sense of the Congress that the Sec25 retary of the Treasury and other relevant cabinet members 


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1 (such as the Secretary of State, Secretary of Homeland 

2 Security, and Attorney General) should work jointly with 

3 European, E.U., and U.K. financial intelligence units, 

4 trade transparency units, and appropriate law enforce5 ment authorities to present, both in the report required 

6 under subsection (b) and in future analysis of suspicious 

7 transaction reports, cash transaction reports, currency 

8 and monetary instrument reports, and other relevant data 

9 to identify trends and assess risks in the movement of il10 licit funds from Afghanistan through the United States, 

11 British, and European financial systems. 

12 (d) CLASSIFIED INFORMATION.—In any judicial re13 view of a finding of the existence of a primary money laun14 dering concern, or of the requirement for 1 or more special 

15 measures with respect to a primary money laundering con16 cern made under this section, if the designation or imposi17 tion, or both, were based on classified information (as de18 fined in section 1(a) of the Classified Information Proce19 dures Act (18 U.S.C. App.)), such information may be 

20 submitted by the Secretary to the reviewing court ex parte 

21 and in camera. This subsection does not confer or imply 

22 any right to judicial review of any finding made or any 

23 requirement imposed under this section. 

24 (e) AVAILABILITY OF INFORMATION.—The exemp25 tions from, and prohibitions on, search and disclosure proVerDate Sep 11 2014 22:37 Jan 28, 2022 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H6511.IH H6511

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1 vided in section 5319 of title 31, United States Code, shall 

2 apply to any report or record of report filed pursuant to 

3 a requirement imposed under subsection (a) of this sec4 tion. For purposes of section 552 of title 5, United States 

5 Code, this subsection shall be considered a statute de6 scribed in subsection (b)(3)(B) of that section. 

7 (f) PENALTIES.—The penalties provided for in sec8 tions 5321 and 5322 of title 31, United States Code, that 

9 apply to violations of special measures imposed under sec10 tion 5318A of title 31, United States Code, shall apply 

11 to violations of any order, regulation, special measure, or 

12 other requirement imposed under subsection (a) of this 

13 section, in the same manner and to the same extent as 

14 described in sections 5321 and 5322. 

15 (g) INJUNCTIONS.—The Secretary of the Treasury 

16 may bring a civil action to enjoin a violation of any order, 

17 regulation, special measure, or other requirement imposed 

18 under subsection (a) of this section in the same manner 

19 and to the same extent as described in section 5320 of 

20 title 31, United States Code. 

Æ 


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