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FIL-48-95 Attachment

[Federal Register: July 13, 1995 (Volume 60, Number 134)]

[Proposed Rules]

[Page 36074-36078]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]



 

========================================================================

Proposed Rules

Federal Register

________________________________________________________________________


 

This section of the FEDERAL REGISTER contains notices to the public of

the proposed issuance of rules and regulations. The purpose of these

notices is to give interested persons an opportunity to participate in

the rule making prior to the adoption of the final rules.


 

========================================================================





 

[[Page 36074]]



 

FEDERAL DEPOSIT INSURANCE CORPORATION


 

12 CFR Part 346


 

RIN 3064-AB62


 

 

Foreign Banks


 

AGENCY: Federal Deposit Insurance Corporation (FDIC or Corporation).


 

ACTION: Notice of proposed rulemaking.


 

-----------------------------------------------------------------------


 

SUMMARY: Section 107 of the Riegle-Neal Interstate Banking and

Branching Efficiency Act of 1994 (Riegle-Neal Act) amended section 6 of

the International Banking Act of 1978 (IBA) to provide that the FDIC

shall amend its regulation concerning domestic retail deposit

activities by state-licensed branches of foreign banks. The proposal

would amend the FDIC's regulations to restrict the amount and types of

initial deposits of less than $100,000 which could be accepted by an

uninsured state-licensed branch of a foreign bank. The proposal is

intended to afford equal competitive opportunity to foreign and

domestic banks.


 

DATES: Comments must be received by September 11, 1995.


 

ADDRESSES: Send comments to Jerry L. Langley, Executive Secretary,

Federal Deposit Insurance Corporation, 550 17th Street, N.W.,

Washington, D.C. 20429. Comments may be hand-delivered to room 400,

1776 F Street, N.W., Washington, D.C. 20429, on business days between

8:30 a.m. and 5:00 p.m. [FAX number: (202) 898-3838; Internet address:

comments@fdic.gov]


 

FOR FURTHER INFORMATION CONTACT: Charles V. Collier, Assistant

Director, Division of Supervision, (202) 898-6850; Jeffrey M. Kopchik,

Counsel, Legal Division, (202) 898-3872, Federal Deposit Insurance

Corporation, 550 17th Street, N.W., Washington, D.C., 20429.


 

SUPPLEMENTARY INFORMATION:


 

Paperwork Reduction Act


 

No collection of information pursuant to section 3504(h) of the

Paperwork Reduction Act (44 U.S.C. 3501 et seq.) is contained in the

proposed rule. Consequently, no information was submitted to the Office

of Management and Budget for review.


 

Regulatory Flexibility Act


 

Pursuant to section 605(b) of the Regulatory Flexibility Act (Pub.

L. 96-354, 5 U.S.C. 601 et seq.), it is certified that the proposed

rule will not have a significant impact on a substantial number of

small entities.


 

Background


 

Section 107 of the Riegle-Neal Act (Pub. L. 103-328, 108 Stat.

2358) amended section 6 of the IBA (12 U.S.C. 3104) to provide that the

FDIC shall amend its regulation concerning domestic retail deposit

activity by state-licensed branches of foreign banks (state-licensed

branches).1 Section 6 of the IBA, 12 U.S.C. 3104, concerns the

insurance of deposits maintained at domestic branches and subsidiaries

of foreign banks. Generally, section 6 provides that United States

branches of foreign banks may not accept domestic retail deposits

unless the branch is insured by the FDIC. Section 6 goes on to state

that, after December 19, 1991, foreign banks may not establish any de

novo insured branches in the United States. Section 107 of the Riegle-

Neal Act added a new subsection (a) to section 6 of the IBA. This new

subsection provides that:


 

\1\ The Riegle-Neal Act requires the FDIC to consult with the

Office of the Comptroller of the Currency (OCC) in the process of

making these amendments in order to assure uniformity. The FDIC has

worked in close consultation with the OCC in order to achieve

substantive uniformity.

---------------------------------------------------------------------------


 

In implementing this section, the Comptroller and the Federal

Deposit Insurance Corporation shall each, by affording equal

competitive opportunities to foreign and United States banking

organizations in their United States operations, ensure that foreign

banking organizations do not receive an unfair competitive advantage

over United States banking organizations.


 

12 U.S.C. 3104(a).

In revising section 6 of the IBA, Congress made it clear that

foreign banks operating in the United States should not have an unfair

competitive advantage over domestically chartered banks. Thus, Congress

directed the FDIC and the OCC to revise their respective regulations

implementing IBA section 6 to ensure that foreign banks do not receive

an unfair competitive advantage over United States banks by affording

equal competitive opportunities to both.


 

The Current Regulatory Scheme


 

Section 346.4 of the FDIC's regulations (12 CFR 346.4) requires

that any state-licensed branch which is engaged in ``domestic retail

deposit activity'' shall be an insured branch. Section 346.6 provides

that a state-licensed branch will not be deemed to be engaged in

domestic retail deposit activity which requires the branch to be

insured if initial deposits of less than $100,000 are derived solely

from certain enumerated sources. The acceptance of initial deposits of

$100,000 or more is not considered to be retail deposit activity and,

thus, deposit insurance is not required for a state-licensed branch

which accepts only these types of initial deposits.

Section 346.6 delineates five categories of depositors from which a

state-licensed branch may accept initial deposits of less than $100,000

without triggering the insurance requirement. The five categories of

depositors are:

(1) Any business entity, including any corporation, partnership,

sole proprietorship, association or trust, which engages in commercial

activity for profit;

(2) Any governmental unit, including the United States government,

any state government, any foreign government and any political

subdivision or agency of the foregoing;

(3) Any international organization which is comprised of two or

more nations;

(4) Funds received in connection with any draft, check, or similar

instrument issued by the branch for the transmission of funds; and

(5) Any depositor who is not a citizen of the United States and who

is not a resident of the United States at the time of the initial

deposit.


 

This section of the regulation also includes a general exception

(commonly referred to as the ``de minimis exception'') which provides

that an uninsured state-licensed branch may accept initial deposits of

less than $100,000 from any depositor if the amount of such deposits

does not exceed on an average daily basis five percent of the average

of the branch's deposits for the last 30 days of the most recent

calendar quarter.


 

[[Page 36075]]



 

The Riegle-Neal Act


 

In directing the FDIC to amend its regulation to ensure that

foreign banking organizations do not have an unfair competitive

advantage over United States banking organizations, Congress directed

the FDIC to ``consider whether to permit'' an uninsured state-licensed

branch of a foreign bank to accept initial deposits of less than

$100,000 from a smaller class of depositors than is currently

delineated in Sec. 346.6. This suggested smaller class is limited to:

(1) Individuals who are not citizens or residents of the United

States at the time of the initial deposit;

(2) Individuals who:

(i) Are not citizens of the United States;

(ii) Are residents of the United States; and

(iii) Are employed by a foreign bank, foreign business, foreign

government, or recognized international organization;

(3) Persons to whom the branch or foreign bank has extended credit

or provided other nondeposit banking services;

(4) Foreign businesses and large United States businesses;

(5) Foreign governmental units and recognized international

organizations; and

(6) Persons who are depositing funds in connection with the

issuance of a financial instrument by the branch for the transmission

of funds.


 

Moreover, section 107(b)(3) of the Riegle-Neal Act provides that any de

minimis exception shall not exceed one percent of the average deposits

at the branch, as opposed to the current five percent. The FDIC may

establish a reasonable transition rule to facilitate any termination of

deposit taking activities. See section 107(b)(5)(B) of the Riegle-Neal

act.

If these new statutory criteria were adopted verbatim in the FDIC's

proposed regulation, they would eliminate an uninsured state-licensed

branch's current ability to accept initial deposits of less than

$100,000 from any domestic business entity engaged in a commercial

activity for profit regardless of size, i.e., only foreign businesses

and large United States businesses would be subject to the exception. A

verbatim adoption of the new statutory criteria would also remove the

current exception for domestic federal or state governmental units.

However, uninsured state-licensed branches would still be able to

accept initial deposits of less than $100,000 from foreign governmental

units.

If Congress had intended the FDIC to adopt these suggested criteria

verbatim, it could have so required. However, the statute explicitly

provides that the FDIC ``shall consider whether to permit'' an

uninsured state-licensed branch to accept initial deposits of less than

$100,000 from the enumerated sources. By requiring only that the FDIC

consider the statutory criteria, Congress explicitly recognized that

the ultimate decision should be made by the FDIC, consistent with the

statutory objective set forth in IBA section 6(a), in the exercise of

its regulatory discretion and expertise.


 

Deposit Taking Activities of Uninsured Foreign Branches


 

The objective set forth by Congress in section 6(a) of the IBA is

to afford equal competitive opportunities to foreign and United States

banking organizations by ensuring that foreign banks do not receive an

unfair competitive advantage. In order to accomplish this task, the

FDIC reviewed data compiled by the staff of the Board of Governors of

the Federal Reserve System concerning the deposit taking activities of

uninsured U.S. branches and agencies of foreign banks. This information

is significant in assessing the ability of uninsured branches and

agencies to compete with United States banking organizations. As of

year-end 1994, uninsured branches and agencies of foreign banks held

$386 billion of total deposits. Of that total, approximately 78 percent

were accepted from other banks or non-U.S. entities. Of the

approximately 22 percent of total deposits accepted from U.S. entities,

virtually all were accepted in initial amounts in excess of $100,000.

Thus, this data indicates that as a group, uninsured U.S. branches of

foreign banks do not compete with United States banking organizations

for retail deposits. See also ``Banking in a Global Economy: Economic

Benefits to the United States from the Activities of International

Banks'', Institute of International Bankers, September, 1993, p. 27

(IIB Study). Generally, foreign banks have established operations in

the United States in order to provide services to the international

operations of their home country customers. Id. at 10.

In addition, the FDIC reviewed a 1994 study conducted by the OCC

entitled ``Are Foreign Banks Out-Competing U.S. Banks in the U.S.

Market?'' The study found that although the United States market share

of subsidiaries, branches and agencies of foreign banks increased

during the 1980's and early 1990's, foreign banks operating in the

United States consistently performed less well than domestic banks in

terms of profitability, efficiency and credit quality. Thus, the OCC

study supports the conclusion that United States banking organizations

are competing quite well with their foreign counterparts operating in

the United States.

Section 107(b)(4) of the Riegle-Neal Act requires that the FDIC

consider the importance of maintaining and improving the availability

of credit to all sectors of the United States economy, including the

international trade finance sector, in affording equal competitive

opportunities to foreign and United States banking organizations.

United States branches and agencies of foreign banks play a substantial

role in financing the export of U.S. goods and services to their home

countries. See IIB Study, p. 35 (citing 1993 Federal Reserve Bank of

New York statistics). Thus, the FDIC must be careful not to

disadvantage state-licensed branches in order not to constrict the

exportation of U.S. produced goods and services.

The Proposal


 

The FDIC has given careful consideration to Congress' directive

that foreign banking organizations not receive an unfair competitive

advantage over United States banking organizations. The FDIC has also

considered the importance of maintaining and improving the availability

of credit to all sectors of the United States economy, including the

international trade finance sector. To that end, the Corporation has

examined in detail the available data and the suggested criteria

contained in section 107(b) of the Riegle-Neal Act in comparison to the

criteria currently delineated in Sec. 346.6(a) of the FDIC's

regulations. In general, the FDIC has concluded that uninsured state-

licensed branches of foreign banks do not have an overall unfair

competitive advantage over domestic banking organizations. Therefore,

the proposal provides that uninsured state-licensed branches of foreign

banks may accept initial deposits of less than $100,000 from the six

categories of depositors specified in sections 107(b)(2) (A) through

(F) of the Riegle-Neal Act. In addition, the proposal expands and adds

certain exceptions which are discussed in the following paragraphs.

These additional exceptions are consistent with Congress' concern that

the FDIC not adversely affect international trade finance.

Section 346.6(a)(3) of the proposed regulation adopts the criterion

suggested in section 107(b)(2)(C) of the Riegle-Neal Act that uninsured

state-licensed branches should be able to accept initial deposits of

less than $100,000 from persons to whom the branch or foreign bank has

extended credit or provided


 

[[Page 36076]]

other nondeposit banking services. However, the proposal refines this

exception somewhat by specifying that the extension of credit or

provision of other nondeposit banking services had to have occurred

during the past twelve months. The proposal expands the statutory

language to include persons with whom the branch or foreign bank has

entered into a written agreement to extend credit or provide other

nondeposit banking services within the next twelve months. The

Corporation is of the opinion that this addition may be a logical

extension of the statutory criterion which would not provide foreign

banking organizations with any unfair competitive advantage.

Section 346.6(a)(4) of the proposal adopts the exception contained

in section 107(b)(2)(D) of the Riegle-Neal Act concerning foreign

businesses and adds thereto ``persons from whom an Edge Corporation may

accept deposits under Sec. 211.4(e)(1) of Regulation K of the Board of

Governors of the Federal Reserve System''. Generally, this would

include foreign governments, their agencies and instrumentalities,

foreign persons, organizations engaged in international business

activities, other Edge corporations, foreign banks, other depository

institutions, etc. Once again, the FDIC is of the opinion that the

addition of this class of depositors is a natural outgrowth of section

107(b)(2)(D) of the Riegle-Neal Act and would not result in an unfair

competitive advantage being given to foreign banking organizations.

Section 107(b)(2)(F) of the Riegle-Neal Act refers to ``persons who

are depositing funds in connection with the issuance of a financial

instrument by the branch for the transmission of funds''. This language

is substantially similar to the exception contained in Sec. 346.6(a)(4)

of the existing regulation, except that the current regulation's

reference to ``draft, check or similar instrument'' has been replaced

by the use of the term ``financial instrument''. Section 346.6(a)(6) of

the Proposal includes the exception for funds deposited in connection

with the issuance of a financial instrument by the branch for the

transmission of funds, but also includes an exception for funds

deposited in connection with the transmission of such funds by any

electronic means. The addition of this language in the proposal

concerning funds deposited in connection with electronic transfers is

intended to reflect the FDIC's established interpretation of

Sec. 346.6(a)(4) of the current regulation.

Section 107(b)(2) of the Riegle-Neal Act does not contain an

exception for deposits from the federal or state governments.

Currently, initial deposits of less than $100,000 may be accepted from

any state or federal governmental unit. The FDIC has given this matter

considerable thought and we are not aware of any evidence which would

indicate that the ability to accept initial deposits of less than

$100,000 from state or federal governmental units confers any unfair

competitive advantage on an uninsured state-licensed branch in

comparison to insured domestic banking organizations. The statistics

indicate that uninsured foreign branches and agencies accept virtually

no deposits from domestic government entities.\2\ Thus, it appears to

the FDIC that the inclusion of this exception would not provide foreign

banking organizations with an unfair competitive advantage over United

States banking organizations. The FDIC is proposing a retention of the

existing exception for domestic governmental units. Proposed

Sec. 346.6(a)(5).


 

\2\ More specifically, the statistics indicate that uninsured

branches and agencies receive only 2.3% of their total deposits from

``Other Deposits'', the category which would include domestic

governmental units. It is fair to assume that domestic governmental

units most likely comprise less than the entire 2.3%. The figures do

not indicate what percentage of the 2.3% are initial deposits of

less than $100,000, but once again it is reasonable to assume that

it is less than the total.

---------------------------------------------------------------------------


 

The proposal also amends Sec. 346.6(b), ``Application for an

Exemption''. This section has been revised to provide that any request

by an uninsured state-licensed branch to be permitted to accept initial

deposits of less than $100,000 from a depositor not included in

proposed Sec. 346.6(a) shall include information addressing how the

acceptance of such deposits will maintain or improve the availability

of credit to all sectors of the United States economy, including the

international trade finance sector, and how it will not give the

foreign bank an unfair competitive advantage over domestic banks.

Proposed Sec. 345.6(b)(3). The proposal also provides that the FDIC

Board of Directors must consider these factors in making its

determination. Proposed Sec. 346.6(b)(1).

Commenters are encouraged to provide their views as to whether the

exceptions incorporated into the proposed regulation are appropriate in

light of the statutory objective set forth in section 6(a) of the IBA.

The FDIC also encourages comment on whether additional exceptions

should be added, including a discussion of how the proposed exception

would satisfy the statutory objective set forth in IBA section 6(a).


 

Definitions


 

The proposal would expand Sec. 346.1 to include definitions of the

terms ``foreign business'', ``large United States business'', and

``person''. Proposed Secs. 346.1 (s) through (u). In addition, the

existing definitions of ``foreign bank'', ``initial deposit'' and

``affiliate'' contained in Secs. 346.1 (a), (k) and (o) would be

amended. Proposed Secs. 346.1 (a), (k) and (o). The FDIC is of the

opinion that the addition of these definitions would assist the

industry in interpreting the regulation in a clear and consistent

manner.

The proposal would define ``large United States business'' as any

entity, including but not limited to a corporation, partnership, sole

proprietorship, association, foundation or trust, which is organized

under the laws of the United States or any state thereof and: (1) Whose

securities are registered on a national securities exchange or quoted

on the National Association of Securities Dealers Automated Quotation

System; or (2) Has annual gross revenues in excess of $1,000,000 for

the fiscal year immediately preceding the initial deposit. The FDIC

believes that this definition would meet Congress' concern expressed in

IBA section 6(a) without having a negative impact on the availability

of credit to all sectors of the United States economy.

The proposed definition of ``foreign business'' would include

businesses organized under the laws of a foreign country, their United

States subsidiaries and businesses owned or controlled by foreign

nationals. This definition would encompass the ``plain meaning''

definition of foreign business as well as accommodating businesses

organized under United States law, but owned or controlled by foreign

entities or foreign nationals. These businesses may prefer to do

business with a branch of a foreign bank from their home country

regardless of whether the branch is FDIC insured.

The FDIC requests comment on the proposed definitions. We also

request comment on whether certain of the proposed definitions are

unnecessary or whether others should be added.


 

De Minimis Exception and Transition Rule


 

Section 107(b)(5) of the Riegle-Neal Act permits the FDIC to

establish ``reasonable transition rules to facilitate any termination

of any deposit-taking activities that were permissible under

regulations that were in effect before the date of [its enactment]''.

The proposal would provide for a five year transition period, beginning

on the effective date


 

[[Page 36077]]

of the final regulation. Proposed Sec. 346.6(c). Under this transition

proposal, uninsured state-licensed branches would have five years to

reclassify initial deposits received prior to the effective date of the

final regulation into one of the new exceptions contained in proposed

Secs. 346.6(a) (1) through (6) or the new one percent de minimis

exception contained in proposed Sec. 346.6(a)(7). In the case of a time

deposit, the branch would have until the first maturity date to

reclassify the deposit. In the event that the existing deposit does not

qualify under any of the new exceptions and cannot be included in the

new one percent de minimis category, the branch would be required to

close the account and divest the deposit.

Initial deposits received on or after the effective date of the

final regulation would be required to qualify under one of the new

exceptions or may be accepted under the new one percent de minimis

exception. The FDIC wishes to make it clear that the new one percent de

minimis exception would apply prospectively and would overlap with the

existing five percent de minimis exception during the five year

transition period.


 

Other Issues


 

The FDIC is considering including several other exceptions which

have not been included in the proposed regulation. Proposed

Sec. 346.6(a)(3) delineates the exception for persons to whom the

branch or foreign bank has or has agreed to extend credit or provide

other nondeposit banking services. The FDIC is considering expanding

this exception to include affiliates of the depositor as well as any

financial institution affiliate of the branch or foreign bank. The FDIC

requests comment on whether this exception would be desirable and

consistent with the Congressional objective set forth in IBA section

6(a). Detailed comments concerning the phrasing of such an exception,

including the definition of the term ``financial institution

affiliate'' are requested.

The FDIC is also considering adding a new exception that would

permit a state-licensed uninsured branch to accept initial deposits of

less than $100,000 from immediate family members of individuals that

qualify for an exception pursuant to proposed Secs. 346.6(a) (1)

through (6). Once again, commenters are requested to address the effect

of such an exception of the competitive opportunities between United

States and foreign banking organizations as well as credit availability

to all sectors of the United States economy.


 

List of Subjects in 12 CFR Part 346


 

Bank deposit insurance, Foreign banking, Reporting and

recordkeeping requirements.


 

For the reasons set out in the Preamble, the FDIC Board of

Directors hereby proposes to amend 12 CFR part 346 as follows:


 

PART 346--[AMENDED]


 

1. The authority citation for part 346 continues to read as

follows:


 

Authority: 12 U.S.C. 1813, 1815, 1817, 1819, 1820, 3103, 3104,

3105, 3108.


 

2. Section 346.1 is amended by adding a sentence to the end of

paragraph (a), revising the first sentence of paragraph (k), revising

paragraph (o), and adding paragraphs (s) through (u) to read as

follows:



 

Sec. 346.1 Definitions.


 

* * * * *

(a) * * * For purposes of Sec. 346.6, the term foreign bank does

not include any bank organized under the laws of any territory of the

United States, Puerto Rico, Guam, American Samoa, or the Virgin Islands

the deposits of which are insured by the Corporation pursuant to the

Act.

* * * * *

(k) Initial deposit means the first deposit transaction between a

depositor and the branch on or after [the effective date of the final

regulation]. * * *

* * * * *

(o) Affiliate means any entity that controls, is controlled by, or

is under common control with another entity. An entity shall be deemed

to ``control'' another entity if the entity directly or indirectly

owns, controls, or has the power to vote 25 percent or more of any

class of voting securities of the other entity or controls in any

manner the election of a majority of the directors or trustees of the

other entity.

* * * * *

(s) Foreign business means any entity, including but not limited to

a corporation, partnership, sole proprietorship, association,

foundation or trust, which is organized under the laws of a country

other than the United States or any United States entity which is owned

or controlled by an entity which is organized under the laws of a

country other than the United States or a foreign national.

(t) Large United States business means any entity including but not

limited to a corporation, partnership, sole proprietorship,

association, foundation or trust which is organized under the laws of

the United States or any state thereof, and:

(1) Whose securities are registered on a national securities

exchange or quoted on the National Association of Securities Dealers

Automated Quotation System; or

(2) Has annual gross revenues in excess of $1,000,000, for the

fiscal year immediately preceding the initial deposit.

(u) Person means an individual, bank, corporation, partnership,

trust, association, foundation, joint venture, pool, syndicate, sole

proprietorship, unincorporated organization, or any other form of

entity.

3. Section 346.6 is revised to read as follows:



 

Sec. 346.6 Exemptions from the insurance requirement.


 

(a) Deposit activities not requiring insurance. A state branch will

not be deemed to be engaged in a domestic retail deposit activity which

requires the branch to be an insured branch under Sec. 346.4 if initial

deposits in an amount of less than $100,000 are derived solely from the

following:

(1) Individuals who are not citizens or residents of the United

States at the time of the initial deposit;

(2) Individuals who:

(i) Are not citizens of the United States;

(ii) Are residents of the United States; and

(iii) Are employed by a foreign bank, foreign business, foreign

government, or recognized international organization;

(3) Persons to whom the branch or foreign bank has extended credit

or provided other nondeposit banking services within the past twelve

months or has entered into a written agreement to provide such services

within the next twelve months;

(4) Foreign businesses, large United States businesses, and persons

from whom an Edge Corporation may accept deposits under

Sec. 211.4(e)(1) of Regulation K of the Board of Governors of the

Federal Reserve System, 12 CFR 211.4(e)(1);

(5) Any governmental unit, including the United States government,

any state government, any foreign government and any political

subdivision or agency of any of the foregoing, and recognized

international organizations;

(6) Persons who are depositing funds in connection with the

issuance of a financial instrument by the branch for the transmission

of funds or the transmission of such funds by any electronic means; and

(7) Any other depositor but only if the amount of deposits under

this paragraph


 

[[Page 36078]]

(a)(7) does not exceed on an average daily basis one percent of the

average of the branch's deposits for the last 30 days of the most

recent calendar quarter, excluding deposits in the branch of other

offices, branches, agencies or wholly owned subsidiaries of the bank

and the branch does not solicit deposits from the general public by

advertising, display of signs, or similar activity designed to attract

the attention of the general public. A foreign bank which has more than

one state branch in the same state may aggregate deposits in such

branches (excluding deposits of other branches, agencies or wholly

owned subsidiaries of the bank) for the purpose of this paragraph

(a)(7). The average shall be computed by using the sum of the close of

business figures for the last 30 calendar days ending with and

including the last day of the calendar quarter divided by 30. For days

on which the branch is closed, balances from the last previous business

day are to be used.

(b) Application for an exemption. (1) Whenever a foreign bank

proposes to accept at a state branch initial deposits of less than

$100,000 and such deposits are not otherwise excepted under paragraph

(a) of this section, the foreign bank may apply to the FDIC for consent

to operate the branch as a noninsured branch. The Board of Directors

may exempt the branch from the insurance requirement if the branch is

not engaged in domestic retail deposit activities requiring insurance

protection. The Board of Directors will consider the size and nature of

depositors and deposit accounts, the importance of maintaining and

improving the availability of credit to all sectors of the United

States economy, including the international trade finance sector of the

United State economy, whether the exemption would give the foreign bank

an unfair competitive advantage over United States banking

organizations, and any other relevant factors in making this

determination.

(2) Any request for an exemption under this paragraph (b) should be

in writing and authorized by the board of directors of the foreign

bank. The request should be filed with the Regional Director of the

Division of Supervision for the region where the state branch is

located.

(3) The request should detail the kinds of deposit activities in

which the branch proposes to engage, the expected source of deposits,

the manner in which deposits will be solicited, how this activity will

maintain or improve the availability of credit to all sectors of the

United States economy, including the international trade finance

sector, that the activity will not give the foreign bank an unfair

competitive advantage over United States banking organizations and any

other relevant information.

(c) Transition period. An uninsured state branch may maintain a

deposit lawfully accepted prior to [effective date of final

regulation]:

(1) If the deposit qualifies pursuant to paragraph (a) or (b) of

this section; or

(2) No later than until:

(i) Five years from [effective date of final regulation]; or

(ii) In the case of a time deposit, the first maturity date of the

time deposit.


 

By order of the Board of Directors, dated at Washington, D.C.,

this 27th day of June, 1995.


 

Federal Deposit Insurance Corporation.

Jerry L. Langley,

Executive Secretary.

[FR Doc. 95-17140 Filed 7-12-95; 8:45 am]

BILLING CODE 6714-01-P

Last Updated: March 24, 2024