Provisions Common to Registered Entities; Correction

(7) Any approval, financing, facilitation, or guarantee by a United States person, wherever located, of an ICTS Transaction by a foreign person where the ICTS Transaction by that foreign person would be prohibited by this order if performed by a United States person or within the United States, is prohibited. (8) No person may, whether directly or indirectly through any other person, make any false or misleading representation, statement, or certification, or falsify or conceal any material fact, to the Department: (i) In the course of an ICTS Transaction review, in order to secure a benefit or avoid a prohibition, including in proposing and agreeing to mitigation measures; or (ii) In connection with the preparation, submission, issuance, use, or maintenance of any report filed or required to be filed pursuant to this part. (9) Additional requirements: (i) For purposes of paragraph (a)(8), any representation, statement, or certification made by any person shall be deemed to be continuing in effect until the person notifies the Department in accordance with paragraph (a)(9)(ii). (ii) Any person who makes a representation, statement, or certification to the Department relating to any ICTS Transaction review shall notify the Department, in writing, of any change of any material fact or intention from that previously represented, stated, or certified, immediately upon receipt of any information that would lead a reasonably prudent person to know that a change of material fact or intention had occurred or may occur in the future. (b) Maximum penalties—(1) Civil penalty. A civil penalty not to exceed the amount set forth in Section 206 of IEEPA, 50 U.S.C. 1705, may be imposed on any person who violates, attempts to violate, conspires to violate, or causes any knowing violation of paragraph (a) of this section. IEEPA provides for a maximum civil penalty not to exceed the greater of $250,000 per violation, subject to inflationary adjustment, or an amount that is twice the amount of the transaction that is the basis of the violation with respect to which the penalty is imposed. (i) Notice of the penalty, including a written explanation of the penalized conduct specifying the laws and regulations allegedly violated and the amount of the proposed penalty, and notifying the recipient of a right to make a written petition within 30 days as to why a penalty should not be imposed, shall be served on the person. (ii) The Secretary shall review any presentation and issue a final administrative decision within 30 days of receipt of the petition. (2) Criminal penalty. A person who willfully commits, willfully attempts to commit, or willfully conspires to commit, or aids and abets in the commission of a violation of paragraph (a) of this section shall, upon conviction of a violation of IEEPA, be fined not more than $1,000,000, or if a natural person, may be imprisoned for not more than 20 years, or both. (3) Any civil penalties authorized in this section may be recovered in a civil action brought by the United States in U.S. district court. (c) Adjustments to penalty amounts. (1) The civil penalties provided in IEEPA are subject to adjustment pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990 (Pub. L. 101–410, as amended, 28 U.S.C. 2461 note). (2) The criminal penalties provided in IEEPA are subject to adjustment pursuant to 18 U.S.C. 3571. (d) Available penalties. The penalties available under this section are without prejudice to other penalties, civil or criminal, available under law. Attention is directed to 18 U.S.C. 1001, which provides that whoever, in any matter within the jurisdiction of any department or agency in the United States, knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact, or makes any false, fictitious, or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry, shall be fined under title 18, United States Code, or imprisoned not more than 5 years, or both. Elizabeth L.D. Cannon, Executive Director, Office of Information and Communications Technology and Services. [FR Doc. 2024–28335 Filed 12–5–24; 8:45 am] BILLING CODE 3510–20–P COMMODITY FUTURES TRADING COMMISSION 17 CFR Part 40 RIN 3038–AF28 Provisions Common to Registered Entities; Correction AGENCY: Commodity Futures Trading Commission. ACTION: Final rule; correction. SUMMARY: The Commodity Futures Trading Commission (Commission) is correcting a final rule that appeared in the Federal Register on November 7, 2024. The document clarified, simplified and enhanced the utility of certain regulations for registered entities, market participants and the Commission that govern how registered entities submit self-certifications, and requests for approval, of their rules, rule amendments, and new products for trading and clearing, as well as the Commission’s review and processing of such submissions. DATES: Effective December 9, 2024. FOR FURTHER INFORMATION CONTACT: Rachel Kaplan, Senior Special Counsel, rkaplan@cftc.gov, 202–418–6233, Steven Benton, Industry Economist, sbenton@cftc.gov, 202–418–5617, and Nancy Markowitz, Deputy Director, nmarkowitz@cftc.gov, 202–418–5453, Division of Market Oversight, and Eileen Chotiner, Senior Compliance Analyst, echotiner@cftc.gov, 202–418– 5467, Division of Clearing and Risk, Commodity Futures Trading Commission, Three Lafayette Centre, 1151 21st Street NW, Washington, DC 20581. SUPPLEMENTARY INFORMATION: In FR Doc. 2024–24388 appearing on page 88594 in the Federal Register of Thursday, November 7, 2024, the following corrections are made: § 40.2 [Corrected] ■ 1. On page 88623 in the second column, in § 40.2, before the first sentence in paragraph (a) introductory text, add the paragraph heading ‘‘Submission requirements.’’. § 40.5 [Corrected] ■ 2. On page 88625 in the first column, in § 40.5, in amendment 9h, the instruction ‘‘Revising paragraph (d) introductory text and (d)(1);’’ is corrected to read ‘‘Revising paragraph (d) introductory text and adding new paragraph (d)(1);’’ ■ 3. On page 88625 in the second column, in § 40.5, in amendment 9m, the instruction ‘‘Redesignating paragraphs (f)(1) and (2) as paragraphs (e)(1) and (2) respectively; and’’ is corrected to read ‘‘Redesignating paragraph (f) as paragraph (e) and revising newly redesignated paragraph (e); and’’ ■ 4. On page 88625 in the second column, in § 40.5, remove amendment 9n. ■ 5. On page 88625 in the third column, in § 40.5, ‘‘(c) * * *’’ is corrected to read ‘‘(c) Commission review.’’.

Dated: December 3, 2024. Robert Sidman, Deputy Secretary of the Commission. [FR Doc. 2024–28742 Filed 12–5–24; 8:45 am] BILLING CODE 6351–01–P