principles or any other criteria applicable to such statements, and (II)
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principles or any other criteria applicable to such statements, and (II)
to maintain accountability for assets;
(iii) access to assets is permitted only in accordance with manage-
ment’s general or specific authorization; and
(iv) the recorded accountability for assets is compared with the exist-
ing assets at reasonable intervals and appropriate action is taken with
respect to any differences; and
(C) notwithstanding any other provision of law, pay the allocable
share of such issuer of a reasonable annual accounting support fee or
fees, determined in accordance with section 7219 of this title.
(3)(A) With respect to matters concerning the national security of the
United States, no duty or liability under paragraph (2) of this subsec-
tion shall be imposed upon any person acting in cooperation with the
head of any Federal department or agency responsible for such matters
if such act in cooperation with such head of a department or agency
was done upon the specific, written directive of the head of such
department or agency pursuant to Presidential authority to issue such
directives. Each directive issued under this paragraph shall set forth
the specific facts and circumstances with respect to which the provi-
sions of this paragraph are to be invoked. Each such directive shall,
unless renewed in writing, expire one year after the date of issuance.
(B) Each head of a Federal department or agency of the United States
who issues such a directive pursuant to this paragraph shall main-
tain a complete file of all such directives and shall, on October 1 of
each year, transmit a summary of matters covered by such directives
in force at any time during the previous year to the Permanent Select
Committee on Intelligence of the House of Representatives and the
Select Committee on Intelligence of the Senate.
(4) No criminal liability shall be imposed for failing to comply with
the requirements of paragraph (2) of this subsection except as pro-
vided in paragraph (5) of this subsection.
(5) No person shall knowingly circumvent or knowingly fail to imple-
ment a system of internal accounting controls or knowingly falsify any
book, record, or account described in paragraph (2).
(6) Where an issuer which has a class of securities registered pursu-
ant to section 78] of this title or an issuer which is required to file
reports pursuant to section 780(d) of this title holds 50 per centum
or less of the voting power with respect to a domestic or foreign firm,
the provisions of paragraph (2) require only that the issuer proceed
in good faith to use its influence, to the extent reasonable under the
issuer's circumstances, to cause such domestic or foreign firm to devise
and maintain a system of internal accounting controls consistent with
paragraph (2). Such circumstances include the relative degree of the
issuer’s ownership of the domestic or foreign firm and the laws and
practices governing the business operations of the country in which
such firm is located. An issuer which demonstrates good faith efforts
to use such influence shall be conclusively presumed to have complied
with the requirements of paragraph (2).
(7) For the purpose of paragraph (2) of this subsection, the terms “rea-
sonable assurances” and “reasonable detail” mean such level of detail
and degree of assurance as would satisfy prudent officials in the con-
duct of their own affairs.
ea
15 US.C. § 78ff Penalties [Section 32 of the Securities Exchange
Act of 1934]
(a) Willful violations; false and misleading statements
Any person who willfully violates any provision of this chapter (other
than section 78dd-1 of this title [Section 30A of the Exchange Act]),
or any rule or regulation thereunder the violation of which is made
unlawful or the observance of which is required under the terms of
this chapter, or any person who willfully and knowingly makes, or
causes to be made, any statement in any application, report, or docu-
ment required to be filed under this chapter or any rule or regulation
thereunder or any undertaking contained in a registration statement
as provided in subsection (d) of section 780 of this title, or by any
self-regulatory organization in connection with an application for
membership or participation therein or to become associated with a
member thereof, which statement was false or misleading with respect
to any material fact, shall upon conviction be fined not more than
$5,000,000, or imprisoned not more than 20 years, or both, except
that when such person is a person other than a natural person, a fine
not exceeding $25,000,000 may be imposed; but no person shall be
subject to imprisonment under this section for the violation of any
rule or regulation if he proves that he had no knowledge of such rule
or regulation.
(b) Failure to file information, documents, or reports
Any issuer which fails to file information, documents, or reports
required to be filed under subsection (d) of section 780 of this title or
any rule or regulation thereunder shall forfeit to the United States the
sum of $100 for each and every day such failure to file shall continue.
Such forfeiture, which shall be in lieu of any criminal penalty for such
failure to file which might be deemed to arise under subsection (a) of
this section, shall be payable into the Treasury of the United States
and shall be recoverable in a civil suit in the name of the United States.
c) Violations by issuers, officers, directors, stockholders, employees,
or agents of issuers
1)(A) Any issuer that violates subsection (a) or (g) of section 78dd-1
Section 30A of the Exchange Act] of this title shall be fined not more
than $2,000,000.
B) Any issuer that violates subsection (a) or (g) of section 78dd-1
HOUSE_OVERSIGHT_022603
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