`(ii) EXCEPTION- The foreign bank may be considered the `owner' of the funds (and no other person shall qualify as the owner of such funds) only if--
`(I) the basis for the forfeiture action is wrongdoing committed by the foreign bank; or
`(II) the foreign bank establishes, by a preponderance of the evidence, that prior to the restraint, seizure, or arrest of the funds, the foreign bank had discharged all or part of its obligation to the prior owner of the funds, in which case the foreign bank shall be deemed the owner of the funds to the extent of such discharged obligation.'.
(b) BANK RECORDS- Section 5318 of title 31, United States Code, as amended by this title, is amended by adding at the end the following:
`(k) BANK RECORDS RELATED TO ANTI-MONEY LAUNDERING PROGRAMS-
`(1) DEFINITIONS- For purposes of this subsection, the following definitions shall apply:
`(A) APPROPRIATE FEDERAL BANKING AGENCY- The term `appropriate Federal banking agency' has the same meaning as in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813).
`(B) INCORPORATED TERM- The term `correspondent account' has the same meaning as in section 5318A(f)(1)(B).
`(2) 120-HOUR RULE- Not later than 120 hours after receiving a request by an appropriate Federal banking agency for information related to anti-money laundering compliance by a covered financial institution or a customer of such institution, a covered financial institution shall provide to the appropriate Federal banking agency, or make available at a location specified by the representative of the appropriate Federal banking agency, information and account documentation for any account opened, maintained, administered or managed in the United States by the covered financial institution.
`(3) FOREIGN BANK RECORDS-
`(A) SUMMONS OR SUBPOENA OF RECORDS-
`(i) IN GENERAL- The Secretary of the Treasury or the Attorney General may issue a summons or subpoena to any foreign bank that maintains a correspondent account in the United States and request records related to such correspondent account, including records maintained outside of the United States relating to the deposit of funds into the foreign bank.
`(ii) SERVICE OF SUMMONS OR SUBPOENA- A summons or subpoena referred to in clause (i) may be served on the foreign bank in the United States if the foreign bank has a representative in the United States, or in a foreign country pursuant to any mutual legal assistance treaty, multilateral agreement, or other request for international law enforcement assistance.
`(ii) EXCEPTION- The foreign bank may be considered the `owner' of the funds (and no other person shall qualify as the owner of such funds) only if--`(I) the basis for the forfeiture action is wrongdoing committed by the foreign bank; or`(II) the foreign bank establishes, by a preponderance of the evidence, that prior to the restraint, seizure, or arrest of the funds, the foreign bank had discharged all or part of its obligation to the prior owner of the funds, in which case the foreign bank shall be deemed the owner of the funds to the extent of such discharged obligation.'.(b) BANK RECORDS- Section 5318 of title 31, United States Code, as amended by this title, is amended by adding at the end the following:`(k) BANK RECORDS RELATED TO ANTI-MONEY LAUNDERING PROGRAMS-`(1) DEFINITIONS- For purposes of this subsection, the following definitions shall apply:`(A) APPROPRIATE FEDERAL BANKING AGENCY- The term `appropriate Federal banking agency' has the same meaning as in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813).`(B) INCORPORATED TERM- The term `correspondent account' has the same meaning as in section 5318A(f)(1)(B).`(2) 120-HOUR RULE- Not later than 120 hours after receiving a request by an appropriate Federal banking agency for information related to anti-money laundering compliance by a covered financial institution or a customer of such institution, a covered financial institution shall provide to the appropriate Federal banking agency, or make available at a location specified by the representative of the appropriate Federal banking agency, information and account documentation for any account opened, maintained, administered or managed in the United States by the covered financial institution.`(3) FOREIGN BANK RECORDS-`(A) SUMMONS OR SUBPOENA OF RECORDS-`(i) IN GENERAL- The Secretary of the Treasury or the Attorney General may issue a summons or subpoena to any foreign bank that maintains a correspondent account in the United States and request records related to such correspondent account, including records maintained outside of the United States relating to the deposit of funds into the foreign bank.`(ii) SERVICE OF SUMMONS OR SUBPOENA- A summons or subpoena referred to in clause (i) may be served on the foreign bank in the United States if the foreign bank has a representative in the United States, or in a foreign country pursuant to any mutual legal assistance treaty, multilateral agreement, or other request for international law enforcement assistance.
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