Sec. 202. List of unlicensed Internet gambling enterprises
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Subchapter IV of chapter 53 of title 31, United States Code, as amended by section 201(a), is further amended by adding at the end the following: The Director shall— identify unlicensed Internet gambling enterprises in accordance with the procedures described in subsection (b); not later than 120 days after the date of enactment of the Internet Poker Freedom Act of 2013 , submit to the Secretary a list of unlicensed Internet gambling enterprises that includes the information described in paragraph (2); and not less frequently than every 60 days thereafter, submit to the Secretary an updated list that reflects the results of subsequent investigations carried out under this section.
The information described in this paragraph is, with respect to each unlicensed Internet gambling enterprise included on the list required by paragraph (1), the following: All known Internet Web site addresses of the enterprise. The name of any person who controls, finances, manages, supervises, directs, or owns all or part of the enterprise (as such terms are used in section 1955 of title 18). To the extent known, information identifying the financial agents and account numbers of the enterprise and the persons described in subparagraph (B).
Not later than 10 days after receiving the list or an updated version of the list required by paragraph
(1)from the Director, the Secretary shall— post the information provided under subparagraphs
(A)and
(B)of paragraph
(2)on the Internet Web site of the Department of the Treasury; and provide to each person that is required to comply with the regulations prescribed pursuant to section 5364 a copy of the information included with the list required by paragraph
(1)in an electronic format compatible with the list of Specially Designated Nationals and Blocked Persons maintained by the Office of Foreign Assets Control. Not later than the date that is 60 days after the date of enactment of the Internet Poker Freedom Act of 2013 , the Director shall complete an initial investigation of entities that appear to be unlicensed Internet gambling enterprises. After completing the initial investigation required by subparagraph (A), the Director shall regularly investigate entities that appear to be unlicensed Internet gambling enterprises. Any Federal, State, tribal, or local law enforcement official, any affected sports organization, any person directly harmed by unlicensed Internet gambling, any financial transaction provider, and any interactive computer service shall have the right, but not the obligation, to make a written request to the Director for the addition of any person to the list of unlicensed Internet gambling enterprises required by subsection (a). Not later than 30 days after receiving a request under subparagraph (A), the Director shall— determine if the request contains information sufficient to constitute a prima facie case that an entity is an unlicensed Internet gambling enterprise; and notify the person that submitted the request of the determination of the Director. Not later than 30 days before including a person in the list of unlicensed Internet gambling enterprises required by subsection (a), the Director shall provide written notice to the person of the determination of the Director to include the person in the list. A person that receives notice under paragraph
(3)that the Director has determined to include the person in the list of unlicensed Internet gambling enterprises required by subsection
(a)may, not later than 30 days after receiving the notice, contest the determination— by submitting a written appeal to the Director; and by agreeing in the written appeal to submit to the jurisdiction of the United States. If a person described in subparagraph
(A)does not contest the determination of the Director to include the person in the list of unlicensed Internet gambling enterprises required by subsection
(a)in accordance with subparagraph (A), the Director shall include the person in the list. The Director— may not include a person that submits a written appeal pursuant to paragraph
(4)in the list of unlicensed Internet gambling enterprises required by subsection
(a)until the Director provides the person with an opportunity for a hearing; and shall provide the person the opportunity for a hearing not later than 30 days after receiving the written appeal from the person. Not later than 10 days after the date of a hearing provided for a person under paragraph
(5)(without regard to whether the person appears at the hearing), the Director shall— determine if the person should be included in the list of unlicensed Internet gambling enterprises required by subsection (a); and if the Director determines that the person should be included in the list, add the person to the list. A person described in subparagraph
(B)may petition for injunctive relief in the United States District Court for the District of Columbia, which shall have exclusive jurisdiction to hear cases arising under this section. A person described in this subparagraph is a person that the Director determines to include in the list of unlicensed Internet gambling enterprises required by subsection (a)— after the person appears at a hearing described in paragraph (5); or that did not receive the notice required by paragraph (3). The petitioner shall have the burden of establishing that the person should not be included in the list of unlicensed Internet gambling enterprises required by subsection (a). Only persons that the Director determines to include in the list of unlicensed Internet gambling enterprises required by subsection
(a)and owners or operators of such enterprises shall have standing to contest the determination of the Director. The court may direct the Director and the Secretary not to add, or to remove, the petitioner from the list of unlicensed Internet gambling enterprises. There shall be no judicial review of a determination under this section other than pursuant to this paragraph. A financial transaction provider shall be deemed to have actual knowledge that a person or entity is an unlicensed Internet gambling enterprise if— the person or entity is included in the list of unlicensed Internet gambling enterprises required by subsection (a); or the person or entity is included in a list of unlicensed Internet gambling enterprises made available to the financial transaction provider by the Secretary under subsection (a)(3); and information in addition to the list described in subparagraph
(A)is available to the financial transaction provider that demonstrates that the person or entity is an unlicensed Internet gambling enterprise. In this section: The term Director means the Director of the Financial Crimes Enforcement Network appointed under section 310(b). The term sports organization means an amateur sports organization or a professional sports organization (as those terms are defined in section 3701 of title 28). The term unlicensed Internet gambling enterprise means any person who, on or after the date of enactment of the Internet Poker Freedom Act of 2013 — violates a provision of section 5363; or knowingly assists a person in conduct described in subparagraph (A). . The table of sections at the beginning of such chapter 53, as amended by section 201(b), is further amended by adding at the end the following: 5369. Unlicensed Internet gambling enterprises. .