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ILLICIT CASH Act

11/1/2022, 1:49 PM

Congressional Summary of S 2563

Improving Laundering Laws and Increasing Comprehensive Information Tracking of Criminal Activity in Shell Holdings Act or the ILLICIT CASH Act

This bill expands disclosure requirements regarding the ownership of corporations and sets forth additional requirements regarding anti-money laundering and combating the financing of terrorism programs (known as AML-CFT programs).

Corporations must disclose their beneficial owners to the Financial Crimes Enforcement Network (FinCEN). The bill defines a beneficial owner as an individual who (1) exercises substantial control over a corporation or limited liability company, (2) owns 25% or more of the interest in a corporation or limited liability company, or (3) receives substantial economic benefits from the assets of a corporation or limited liability company.

The bill also generally expands and revises existing AML-CFT provisions, including by

  • compelling foreign banks to comply with subpoenas for records and allowing fines for foreign banks that fail to comply,
  • establishing a financial institution liaison at FinCEN,
  • initiating a review of thresholds for currency transaction reports and suspicious activity reports, and
  • expanding the regulation of digital currencies.

The bill also requires increased communication and data sharing between law enforcement, financial regulators, and financial institutions.

The bill provides statutory authority for the Securities and Exchange Commission to seek disgorgement (i.e., repayment) as a remedy for unjust enrichment that a person gained through a securities law violation.

The bill also revises administrative requirements of FinCEN, including by revising the pay scale of employees.

Current Status of Bill S 2563

Bill S 2563 is currently in the status of Bill Introduced since September 26, 2019. Bill S 2563 was introduced during Congress 116 and was introduced to the Senate on September 26, 2019.  Bill S 2563's most recent activity was Committee on Banking, Housing, and Urban Affairs. Hearings held. as of June 30, 2020

Bipartisan Support of Bill S 2563

Total Number of Sponsors
1
Democrat Sponsors
1
Republican Sponsors
0
Unaffiliated Sponsors
0
Total Number of Cosponsors
11
Democrat Cosponsors
5
Republican Cosponsors
6
Unaffiliated Cosponsors
0

Policy Area and Potential Impact of Bill S 2563

Primary Policy Focus

Finance and Financial Sector

Potential Impact Areas

- Administrative law and regulatory procedures
- Administrative remedies
- Advisory bodies
- Asia
- Banking and financial institutions regulation
- Business records
- China
- Civil actions and liability
- Congressional oversight
- Corporate finance and management
- Criminal investigation, prosecution, interrogation
- Currency
- Department of the Treasury
- Digital media
- Diplomacy, foreign officials, Americans abroad
- Drug trafficking and controlled substances
- Employment discrimination and employee rights
- Evidence and witnesses
- Financial services and investments
- Foreign and international banking
- Fraud offenses and financial crimes
- Government employee pay, benefits, personnel management
- Government ethics and transparency, public corruption
- Government information and archives
- Government studies and investigations
- Government trust funds
- Human trafficking
- International monetary system and foreign exchange
- Internet and video services
- Internet, web applications, social media
- Real estate business
- Securities
- Social work, volunteer service, charitable organizations
- State and local government operations
- Terrorism

Alternate Title(s) of Bill S 2563

ILLICIT CASH Act
ILLICIT CASH Act
Improving Laundering Laws and Increasing Comprehensive Information Tracking of Criminal Activity in Shell Holdings Act
Securities Fraud Enforcement and Investor Compensation Act of 2019
A bill to improve laws relating to money laundering, and for other purposes.

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