Refer to section 1010.100 of
this chapter for general definitions not noted herein. To the extent
there is a differing definition in section 1010.100 of this chapter,
the definition in this section is what applies to part 1028. Unless
otherwise indicated, for purposes of this part:
(a) Acquiring institution means a person authorized by the
operator of a credit card system to contract, directly or indirectly,
with merchants or other persons to process transactions, including
cash advances, involving the operator’s credit card.
(b) Credit card has the same meaning as in 15 U.S.C. 1602(k).
It includes charge cards as defined in 12 CFR 226.2(15).
(c) Foreign bank means any organization that is
organized under the laws of a foreign country; engages in the business
of banking; is recognized as a bank by the bank supervisory or monetary
authority of the country of its organization or the country of its
principal banking operations; and receives deposits in the regular
course of its business. For purposes of this definition:
(1) The term foreign bank includes
a branch of a foreign bank in a territory of the United States, Puerto
Rico, Guam, American Samoa, or the U.S. Virgin Islands.
(2) The term foreign
bank does not include:
(i) A U.S. agency or branch of a foreign
bank; and
(ii) An
insured bank organized under the laws of a territory of the United
States, Puerto Rico, Guam, American Samoa, or the U.S. Virgin Islands.
(d) Issuing institution means a person authorized by the operator of a credit card system
to issue the operator’s credit card.
(e) Operator
of a credit card system means any person doing business in the
United States that operates a system for clearing and settling transactions
in which the operator’s credit card, whether acting as a credit or
debit card, is used to purchase goods or services or to obtain a cash
advance. To fall within this definition, the operator must also have
authorized another person (whether located in the United States or
not) to be an issuing or acquiring institution for the operator’s
credit card.
(f) Operator’s credit card means a credit card capable of being used in the United States that:
(1) Has been issued by an
issuing institution; and
(2) Can be used in the operator’s credit card system.