No Bank Accounts for Terrorists Act

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. Short title This Act may be cited as the No Bank Accounts for Terrorists Act 2. Findings The Congress finds the following: (1) There is evidence to suggest that the Taliban raises revenue to support nefarious and illicit activities through donations from foreign individuals, illicit drug exports, and precious mineral extraction. (2) In August 2021, following the desertion of Afghan President Ashraf Ghani and the withdrawal of United States troops, the Taliban assumed control of the majority of Afghanistan. (3) Members of the Taliban are listed on the Department of the Treasury’s Specially Designated Nationals And Blocked Persons List. (4) The Department of the Treasury’s Office of Foreign Assets Control (OFAC) has issued two general licenses (GLs) to support humanitarian assistance to the Afghanistan people. (5) The Department of the Treasury can issue special measures for entities that are considered a primary money laundering concern. 3. Determination with respect to primary money laundering concern of Afghan illicit finance (a) Determination If the Secretary of the Treasury determines that reasonable grounds exist for concluding that one or more financial institutions operating outside of the United States, or 1 or more classes of transactions within, or involving, a jurisdiction outside of the United States, or 1 or more types of accounts within, or involving, a jurisdiction outside of the United States is of primary money laundering concern in connection with Afghan illicit finance, the Secretary of the Treasury may, by order, regulation, or otherwise as permitted by law— (1) require domestic financial institutions and domestic 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) involving any domestic financial institution or domestic financial agency, if such transmittal of funds involves any such institution, class of transaction, or type of account. (b) Report required (1) In general Not later than 1 year after the date of enactment of this Act, the Secretary of the Treasury shall submit to the Committees on Financial Services and Foreign Affairs of the House of Representatives and the Committees on Banking, Housing, and Urban Affairs and Foreign Relations of the Senate a report that shall identify any additional regulations, statutory changes, enhanced due diligence, and reporting requirements that are necessary to better identify, prevent, and combat money laundering linked to Afghanistan, including related to— (A) identifying the beneficial ownership of anonymous companies; (B) strengthening current, or enacting new, reporting requirements and customer due diligence requirements for sectors and entities that support illicit financial activity related to Afghanistan; and (C) enhanced know-your-customer procedures and screening for transactions involving Afghan political leaders, Afghan state-owned or -controlled enterprises, and known Afghan transnational organized crime figures. (2) Format The report required under this subsection shall be made available to the public, including on the website of the Department of the Treasury, but may contain a classified annex and be accompanied by a classified briefing. (c) Sense of Congress on international cooperation It is the sense of the Congress that the Secretary of the Treasury and other relevant cabinet members (such as the Secretary of State, Secretary of Homeland Security, and Attorney General) should work jointly with European, E.U., and U.K. financial intelligence units, trade transparency units, and appropriate law enforcement authorities to present, both in the report required under subsection (b) and in future analysis of suspicious transaction reports, cash transaction reports, currency and monetary instrument reports, and other relevant data to identify trends and assess risks in the movement of illicit funds from Afghanistan through the United States, British, and European financial systems. (d) Classified information In any judicial review of a finding of the existence of a primary money laundering concern, or of the requirement for 1 or more special measures with respect to a primary money laundering concern made under this section, if the designation or imposition, or both, were based on classified information (as defined in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.)), such information may be submitted by the Secretary to the reviewing court ex parte and in camera. This subsection does not confer or imply any right to judicial review of any finding made or any requirement imposed under this section. (e) Availability of information The exemptions from, and prohibitions on, search and disclosure provided in section 5319 of title 31, United States Code, shall apply to any report or record of report filed pursuant 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 section. (f) Penalties The penalties provided for in sections 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 subsection (a) of this section, in the same manner and to the same extent as described in sections 5321 and 5322. (g) Injunctions The Secretary of the Treasury may bring a civil action to enjoin a violation of any order, regulation, special measure, or other requirement 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.

Summary: No Bank Accounts for Terrorists Act This bill allows the Department of the Treasury to impose restrictions regarding an entity or activity determined to be of primary money-laundering concern in connection with illicit finance in Afghanistan. Specifically, if Treasury determines that a foreign financial institution, class of transaction, or type of account is of such concern, Treasury may (1) require domestic financial institutions and agencies to take special measures, such as reporting certain financial transactions involving that entity or activity; or (2) prohibit, or impose certain conditions upon, the transmittal of funds involving any domestic financial institution or agency and that entity or activity.