Limitation on criminal penalties

Section 5322 of title 31, United States Code, is amended by adding at the end the following: (f) (1) In this subsection— (A) the term active account — (i) means an account with which an individual may conduct transactions; and (ii) does not include an account that has been restricted or frozen under section 5318(r); and (B) the terms covered institution, lawfully present, and period of authorized stay have the meanings given the terms in section 5318(r). (2) (A) Except as provided in subparagraph (B), Any individual who is not lawfully present in the United States, or whose removal has been ordered under chapter 4 of title II of the Immigration and Nationality Act (8 U.S.C. 1221 et seq.), and who opens or maintains an active account at a covered institution, shall be fined not more than $1,000,000, imprisoned for not more than 1 year, or both. This paragraph does not apply to any individual whose period of authorized stay expired within the preceding 90 days, or who has filed an application for asylum under section 208 of the Immigration and Nationality Act (8 U.S.C. 1158) that has not been finally adjudicated. (B) Subparagraph (A) shall not apply to any individual— (i) whose period of authorized stay expired within the preceding 90 days; or (ii) who has filed an application for asylum under section 208 of the Immigration and Nationality Act (8 U.S.C. 1158) that has not been finally adjudicated. (3) Any individual who is not lawfully present in the United States, or whose removal has been ordered under chapter 4 of title II of the Immigration and Nationality Act (8 U.S.C. 1221 et seq.), and who opens or maintains an account at a covered institution through a legal entity, or who directs another person to do so on the behalf of the individual, shall be fined not more than $1,000,000, imprisoned for not more than 1 year, or both. (4) Notwithstanding subsections (a) and (b), no person shall be subject to criminal penalties under this section solely for a violation of section 5318(r). (5) Nothing in this subsection shall be construed to limit criminal liability for any criminal violation of Federal law arising independently of a violation of section 5318(r)..