(a) Objective. 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.
(b) Deposits of less than an amount equal to
the standard maximum deposit insurance amount. No foreign bank
may establish or operate a Federal branch which receives deposits
of less than an amount equal to the standard maximum deposit insurance
amount unless the branch is an insured branch as defined in section
3(s) of the Federal Deposit Insurance Act, or unless the Comptroller
determines by order or regulation that the branch is not engaged in
domestic retail deposit activities requiring deposit insurance protection,
taking account of the size and nature of depositors and deposit accounts.
(c) Deposits required to be insured under State
law.
(1) After September 17,
1978, no foreign bank may establish a branch, and after one year following
such date no foreign bank may operate a branch, in any State in which
the deposits of a bank organized and existing under the laws of that
State would be required to be insured, unless the branch is an insured
branch as defined in section 3(s) of the Federal Deposit Insurance
Act, or unless the branch will not thereafter accept deposits of less
than an amount equal to the standard maximum deposit insurance amount,
or unless the Federal Deposit Insurance Corporation determines by
order or regulation that the branch is not engaged in domestic retail deposit
activities requiring deposit insurance protection, taking account
of the size and nature of depositors and deposit accounts.
(2) Nowithstanding the previous
paragraph, a branch of a foreign bank in operation on September 17,
1978 which has applied for Federal deposit insurance pursuant to section
5 of the Federal Deposit Insurance Act by September 17, 1979, and
has not had such application denied, may continue to accept domestic
retail deposits until January 31, 1980.
1-566.2
(d) Retail deposit-taking by foreign banks.
(1) After the date of enactment
of this subsection, notwithstanding any other provision of this Act
or any provision of the Federal Deposit Insurance Act, in order to
accept or maintain domestic retail deposit accounts having balances
of less than an amount equal to the standard maximum deposit insurance
amount, and requiring deposit insurance protection, a foreign bank
shall—
(A) establish 1 or more banking subsidiaries
in the United States for that purpose; and
(B) obtain Federal deposit insurance
for any such subsidiary in accordance with the Federal Deposit Insurance
Act.
(2)
Domestic retail deposit accounts with balances of less than an amount
equal to the standard maximum deposit insurance amount that require
deposit insurance protection may be accepted or maintained in a branch
of a foreign bank only if such branch was an insured branch on the
date of the enactment of this subsection.
(3) For purposes of this subsection, 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 Federal Deposit Insurance Corporation pursuant to the Federal
Deposit Insurance Act.
(e) Standard maximum deposit insurance
amount defined. For purposes of this section, the term “standard
maximum deposit insurance amount” means the amount of the maximum
amount of deposit insurance as determined under section 11(a)(1) of
the Federal Deposit Insurance Act.
[12 USC 3104. As amended
by acts of Sept. 14, 1979 (93 Stat. 412); Dec. 19, 1991 (105 Stat.
2303); Oct. 28, 1992 (106 Stat. 4082, 4083, 4224, 4226); Sept. 29,
1994 (108 Stat. 2358, 2360); and Feb. 15, 2006 (119 Stat. 3602).]