; or (ii) use that covered asset to margin, secure, or guarantee any trade or account of any person other than the customer for which that item is held. (C) Exceptions (i) In general A digital exchange may, for convenience, co-mingle and deposit a covered asset of a customer of the exchange in the same account as funds of the exchange with any bank, trust company, or qualified digital custodian. (ii) Withdrawal A digital exchange may withdraw from a bank, trust, or digital wallet account such share of a covered asset of a customer of the exchange as may be necessary in the ordinary course of business to margin, guarantee, secure, transfer, adjust, or settle a transaction regarding a digital asset or digital commodity with another digital exchange, including for the payment of a commission, a brokerage fee, interest, taxes, storage costs, or any other charge that lawfully accrues in connection with a digital commodity transaction. (iii) Substitution A customer may explicitly consent to a digital exchange substituting covered assets of the customer with certain other assets. (c) Enforcement (1) In general If, in the process of reviewing a report submitted to the Under Secretary under section 4(b) with respect to a digital exchange, the Under Secretary discovers that the digital exchange has violated a provision of this section, the Under Secretary, through the Office, shall impose a civil penalty on the digital exchange in the manner described in clauses (i), (ii), and (iii) of section 4(c)(1)(A) (subject to paragraph (2) of this subsection). (2) Rule of construction For the purposes of a civil penalty imposed under paragraph (1)— (A) an entity that is subject to the requirements of section 4(a), as described in section 4(c)(1)(A), shall be deemed to be an entity that is subject to the requirements of this section