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Orders issued under International Banking Act.


Aozora Bank Aozora Bank, Ltd. (株式会社あおぞら銀行  , Ltd.

Tokyo Tokyo (tō`kēō), city (1990 pop. 8,163,573), capital of Japan and of Tokyo prefecture, E central Honshu, at the head of Tokyo Bay. , Japan

Order Approving Establishment of a Representative Office

Aozora Bank, Ltd. ("Bank"), Tokyo, Japan, a foreign bank within the meaning of the International Banking Act ("IBA IBA
abbr.
International Bar Association


IBA (in Britain) Independent Broadcasting Authority

IBA n abbr (Brit) (= Independent Broadcasting Authority
"), has applied under section 10(a) of the IBA (12 U.S.C. [section] 3107(a)) to establish a representative office in New York New York, state, United States
New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of
, New York. The Foreign Bank Supervision Enhancement Act of 1991, which amended a·mend  
v. a·mend·ed, a·mend·ing, a·mends

v.tr.
1. To change for the better; improve: amended the earlier proposal so as to make it more comprehensive.

2.
 the IBA, provides that a foreign bank must obtain the approval of the Board to establish a representative office in the United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area. .

Notice of the application, affording interested persons an opportunity to submit comments, has been published in a newspaper of general circulation in New York, New York (New York Times, September September: see month.  21, 2004). The time for filing comments has expired ex·pire  
v. ex·pired, ex·pir·ing, ex·pires

v.intr.
1. To come to an end; terminate: My membership in the club has expired.

2.
, and all comments have been considered.

Bank, with total consolidated assets of approximately $44.5 billion, (1) is the 46th largest bank in Japan. Bank provides a range of financial services The examples and perspective in this article or section may not represent a worldwide view of the subject.
Please [ improve this article] or discuss the issue on the talk page.
 to corporate and retail clients. Outside Japan, Bank operates three representative offices in Singapore Singapore (sĭng`gəpôr, sĭng`ə–, sĭng'gəpôr`), officially Republic of Singapore, republic (2005 est. pop. 4,426,000), 240 sq mi (625 sq km). , Seoul Seoul (sā`l, sā`l, sōl), city (1995 pop. 10,229,262), capital of South Korea, NW South Korea, on the Han River. , and Jakarta Jakarta or Djakarta (both: jəkär`tə, jäkär`tä), city and special district (1990 pop. 8,227,746), capital and largest city of Indonesia, NW Java, at the mouth of the canalized Ciliwung River, on Jakarta . Bank's proposed New York office would be the first office in the United States under its current ownership. (2) A limited partnership, Cerberus Cerberus (sûr`bərəs), in Greek mythology, many-headed dog with a mane and a tail of snakes; offspring of Typhon and Echidna. He guarded the entrance of Hades. One of the 12 labors of Hercules was to capture him.  NCB (Network Control Block) A packet structure used by the NetBIOS communications protocol.  Acquisition, L.P. ("Acquisition"), Cayman Islands Cayman Islands (kā`mən), British dependency (2005 est. pop. 44,300), 100 sq mi (259 sq km), comprising three islands in the West Indies. , holds approximately 62 percent of Bank's shares. (3) Two other companies, Tokio Tokio: see Tokyo, Japan.  Marine & Nichido Fire Insurance Co., Ltd. and ORIX ORIX Corporation (オリックス株式会社   Corporation, both in Tokyo, each hold approximately 15 percent of Bank's shares. (4)

The proposed representative office would market Bank's services to existing and potential customers in the United States. The proposed office would also act as a liaison with customers of Bank and would conduct research on loan participation opportunities for Bank.

Under the IBA and Regulation K, in acting on an application by a foreign bank to establish a representative office, the Board must consider whether the foreign bank (1) engages directly in the business of banking outside of the United States, (2) has furnished fur·nish  
tr.v. fur·nished, fur·nish·ing, fur·nish·es
1. To equip with what is needed, especially to provide furniture for.

2.
 to the Board the information it needs to assess the application adequately, and (3) is subject to comprehensive supervision on a consolidated basis by its home country supervisor (12 U.S.C. [section] 3107(a)(2); 12 CFR CFR

See: Cost and Freight
 211.24(d)(2)). (5) The Board also may consider additional standards set forth in the IBA and Regulation K (12 U.S.C. [section] 3105(d)(3)-(4); 12 CFR 211.24(c)(2)). The Board will consider that the supervision standard has been met if it determines that the applicant bank is subject to a supervisory framework that is consistent with the activities of the proposed representative office, taking into account the nature of such activities. (6) This is a lesser standard than the comprehensive, consolidated supervision standard applicable to proposals to establish branch or agency offices of a foreign bank. The Board considers the lesser standard sufficient for approval of representative office applications because representative offices may not engage in banking activities (12 CFR 211.24(d)(2)). This application has been considered under the lesser standard.

As noted above, Bank engages directly in the business of banking outside the United States. Bank also has provided the Board with information necessary to assess the application through submissions that address the relevant issues.

With respect to supervision by home country authorities, the Board previously has determined, in connection with applications involving other banks in Japan Central Bank
  • Bank of Japan
Governmental institutions
  • Agriculture Forestry and Fisheries Finance Corporation (
, that those banks were subject to home country supervision on a consolidated basis by their home country supervisor, Japan's Financial Services Agency The Financial Services Agency is a Japanese government organization responsible for overseeing banking, securities and exchange, and insurance in order to ensure the stability of the financial system of Japan. The agency reports to the Minister of Financial Services.  ("FSA FSA Financial Services Authority
FSA Food Standards Agency (UK)
FSA Farm Service Agency (USDA)
FSA Financial Services Agency (Japan) 
"). (7) Bank is supervised su·per·vise  
tr.v. su·per·vised, su·per·vis·ing, su·per·vis·es
To have the charge and direction of; superintend.



[Middle English *supervisen, from Medieval Latin
 by the FSA on substantially the same terms and conditions as those other banks. As noted above, however, Bank is part of a larger U.S.-based financial group with a complex ownership structure and is controlled by entities in the Cayman Islands and the United States. (8) Based on all the facts of record, it has been determined that Bank is subject to a supervisory framework that is consistent with the activities of the proposed representative office, taking into account the nature of such activities.

The additional standards set forth in section 7 of the IBA and Regulation K (see 12 U.S.C. [section] 3105(d)(3)-(4); 12 CFR 211.24(c)(2)) have also been taken into account. The FSA has no objection A formal attestation or declaration of disapproval concerning a specific point of law or procedure during the course of a trial; a statement indicating disagreement with a judge's ruling.  to the establishment of the proposed representative office.

With respect to the financial and managerial resources of Bank, taking into consideration Bank's record of operations in its home country, its overall financial resources, and its standing with its home country supervisor, financial and managerial factors are consistent with approval of the proposed representative office. Bank appears to have the experience and capacity to support the proposed representative office and has established controls and procedures for the proposed representative office to ensure compliance with U.S. law, as well as controls and procedures for its worldwide operations generally.

Japan is a member of the Financial Action Task Force and subscribes to its recommendations regarding measures to combat money laundering The process of taking the proceeds of criminal activity and making them appear legal.

Laundering allows criminals to transform illegally obtained gain into seemingly legitimate funds.
 and international terrorism Noun 1. international terrorism - terrorism practiced in a foreign country by terrorists who are not native to that country
act of terrorism, terrorism, terrorist act - the calculated use of violence (or the threat of violence) against civilians in order to attain
. In accordance Accordance is Bible Study Software for Macintosh developed by OakTree Software, Inc.[]

As well as a standalone program, it is the base software packaged by Zondervan in their Bible Study suites for Macintosh.
 with these recommendations, Japan has enacted laws and created legislative and regulatory standards to deter money laundering, terrorist financing The of this article or section may be compromised by "weasel words".
You can help Wikipedia by removing weasel words.
, and other illicit Not permitted or allowed; prohibited; unlawful; as an illicit trade; illicit intercourse.


ILLICIT. What is unlawful what is forbidden by the law. Vide Unlawful.
     2.
 activities. Money laundering is a criminal offense in Japan, and credit institutions are required to establish internal policies, procedures, and systems for the detection and prevention of money laundering throughout their worldwide operations. Bank has policies and procedures Policies and Procedures are a set of documents that describe an organization's policies for operation and the procedures necessary to fulfill the policies. They are often initiated because of some external requirement, such as environmental compliance or other governmental  to comply with these laws and regulations that are monitored by governmental entities responsible for anti-money-laundering compliance.

With respect to access to information on Bank's operations, the restrictions on disclosure in relevant jurisdictions in which Bank operates have been reviewed and relevant government authorities have been communicated with regarding access to information. Bank and its parent companies have committed to make available to the Board such information on the operations of Bank and any of its affiliates that the Board deems necessary to determine and enforce compliance with the IBA, the Bank Holding Company Act of 1956, as amended, and other applicable federal law. To the extent that the provision of such information to the Board may be prohibited pro·hib·it  
tr.v. pro·hib·it·ed, pro·hib·it·ing, pro·hib·its
1. To forbid by authority: Smoking is prohibited in most theaters. See Synonyms at forbid.

2.
 by law or otherwise, Bank has committed to cooperate with the Board to obtain any necessary consents or waivers that might be required from third parties for disclosure of such information. In addition, subject to certain conditions, the FSA may share information on Bank's operations with other supervisors, including the Board. In light of these commitments and other facts of record, and subject to the condition described below, it has been determined that Bank has provided adequate assurances of access to any necessary information that the Board may request.

Based on the foregoing and all the facts of record, Bank's application to establish a representative office is hereby approved. (9) Should any restrictions on access to information on the operations or activities of Bank or its affiliates subsequently interfere with the Board's ability to obtain information to determine and enforce compliance by Bank or its affiliates with applicable federal statutes, the Board may require termination of any of Bank's direct or indirect activities in the United States. Approval of this application also is specifically conditioned on compliance by Bank with the conditions imposed in this order and the commitments made to the Board in connection with this application. (10) For purposes of this action, these commitments and conditions are deemed to be conditions imposed by the Board in writing in connection with its findings and decision and, as such, may be enforced in proceedings under applicable law.

By order, approved pursuant to authority delegated by the Board, effective June June: see month.  29, 2005.

Robert deV. Frierson

Deputy Secretary of the Board

(1.) Unless otherwise indicated, data are as of March 31, 2005.

(2.) Bank was originally established in 1957 as the Nippon Fudosan Bank, Ltd. It was renamed the Nippon Credit Bank, Ltd. and by the mid- mid-
pref.
Middle: midbrain. 
1990s operated both banking offices and nonbanking subsidiaries in the United States. The bank was intervened in 1998; U.S. operations were closed; and the government of Japan sold Bank's shares to private investors, who changed Bank's name to Aozora Bank, Ltd.

(3.) The general partner of Acquisition, Cerberus Aozora GP LLC (Logical Link Control) See "LANs" under data link protocol.

LLC - Logical Link Control
 ("Cerberus Aozora"), is a U.S. entity controlled by three other U.S. entities, Cerberus Japan Investment LLC, Cerberus Series One Holdings, LLC, and Richter Investment Corporation, that hold interests of 49 percent, 26 percent, and 25 percent, respectively, in Cerberus Aozora. These companies are members of the Cerberus group, a U.S.-based investment group.

(4.) Regional Japanese banks hold the remaining shares of Bank.

(5.) In assessing the supervision standard, the Board considers, among other factors, the extent to which the home country supervisors:

(i) ensure that the bank has adequate procedures for monitoring and controlling its activities worldwide;

(ii) obtain information on the condition of the bank and its subsidiaries and offices through regular examination reports, audit reports, or otherwise;

(iii) obtain information on the dealings with and relationship between the bank and its affiliates, both foreign and domestic;

(iv) receive from the bank financial reports that are consolidated on a worldwide basis or comparable information that permits analysis of the bank's financial condition on a worldwide consolidated basis; and

(v) evaluate prudential Prudential is the name of two different companies and buildings named after them:

Companies:
  • Prudential plc is a United Kingdom-based financial services company.
  • Prudential Financial, Inc.
 standards, such as capital adequacy and risk asset exposure, on a worldwide basis.

These are indicia Signs; indications. Circumstances that point to the existence of a given fact as probable, but not certain. For example, indicia of partnership are any circumstances which would induce the belief that a given person was in reality, though not technically, a member of a given  of comprehensive, consolidated supervision. No single factor is essential, and other elements may inform the Board's determination.

(6.) See, e.g., Jamaica National Building Society, 88 Federal Reserve Bulletin 59 (2002); RHEINHYP Rheinische Hypothekenbank AG, 87 Federal Reserve Bulletin 558 (2001); see also Promstroybank of Russia, 82 Federal Reserve Bulletin 599 (1996); Komercni Banka, a.s., 82 Federal Reserve Bulletin 597 (1996); Commercial Bank Ion Tiriac, S.A., 82 Federal Reserve Bulletin 592 (1996).

(7.) See, e.g., Mitsubishi Tokyo Financial Group, Inc., 87 Federal Reserve Bulletin 349 (2001); Mizuho Holdings, Inc., 86 Federal Reserve Bulletin 776 (2000); The Sanwa Bank, Limited, 86 Federal Reserve Bulletin 54 (2000); The Fuji Bank The Fuji Bank, Limited (株式会社富士銀行  , Limited, 85 Federal Reserve Bulletin 338 (1999).

(8.) Establishment of a representative office will not cause Bank and its parent companies to become subject to the Bank Holding Company Act.

(9.) Approved by the Director of the Division of Banking Supervision and Regulation, with the concurrence CONCURRENCE, French law. The equality of rights, or privilege which several persons-have over the same thing; as, for example, the right which two judgment creditors, Whose judgments were rendered at the same time, have to be paid out of the proceeds of real estate bound by them. Dict. de Jur. h.t.  of the General Counsel, pursuant to authority delegated by the Board.

(10.) The Board's authority to approve the establishment of the proposed representative office parallels the continuing authority of the State of New York to license offices of a foreign bank. The Board's approval of this application does not supplant sup·plant  
tr.v. sup·plant·ed, sup·plant·ing, sup·plants
1. To usurp the place of, especially through intrigue or underhanded tactics.

2.
 the authority of the State of New York to license the proposed office of Bank in accordance with any terms or conditions that it may impose.

Banco del Estado de Chile

Santiago, Chile Santiago, officially Santiago de Chile (Spanish: ), is the capital of Chile, and the center of its largest conurbation (Greater Santiago).  

Order Approving Establishment of a Branch

Banco del Estado de Chile ("Bank"), Santiago, Chile, a foreign bank within the meaning of the International Banking Act ("IBA"), has applied under section 7(d) of the IBA (12 U.S.C. [section] 3105(d)) to establish a branch in New York, New York. The Foreign Bank Supervision Enhancement Act of 1991, which amended the IBA, provides that a foreign bank must obtain the approval of the Board to establish a branch in the United States.

Notice of the application, affording interested persons an opportunity to comment, has been published in a newspaper of general circulation in New York, New York (The Daily News, June 30, 2004). The time for filing comments has expired, and all comments have been considered.

Bank, with total assets of $15.4 billion, is the third largest commercial bank in Chile, (1) and is wholly owned by the Chilean state. It provides a variety of banking services to retail and corporate customers through more than 300 branches in Chile. It also provides through its subsidiaries stock brokerage, insurance brokerage, fund management, and financial advisory services advisory services

advisory services provided to the public, in their capacity as owners and managers of animals, are an important part of veterinary science. They may be provided by government bureaux, by commercial companies who deal in pharmaceuticals or animals or animal
. The proposed branch would be its first office outside Chile. Bank is a qualifying foreign banking organization under Regulation K (12 CFR 211.23(b)).

The proposed branch would engage in wholesale banking business focusing on trade finance and lending activities. In addition, Bank anticipates that the branch would conduct treasury operations, participate in loan syndicates, invest in fixed-income securities Fixed-income securities

Investments that have specific interest rates, such as bonds.
, and provide cash management services.

Under the IBA and Regulation K, in acting on an application by a foreign bank to establish a branch, the Board must consider whether the foreign bank (1) engages directly in the business of banking outside of the United States; (2) has furnished to the Board the information it needs to assess the application adequately; and (3) is subject to comprehensive supervision on a consolidated basis by its home country supervisor (12 U.S.C. [section] 3105(d)(2); 12 CFR 211.24(c)(1)). (2) The Board also may consider additional standards set forth in the IBA and Regulation K (12 U.S.C. [section] 3105(d)(3)-(4); 12 CFR 211.24(c)(2)-(3)).

As noted above, Bank engages directly in the business of banking outside the United States. Bank also has provided the Board with information necessary to assess the application through submissions that address the relevant issues.

With respect to supervision by home country authorities, the Federal Reserve previously has determined, in connection with applications involving other banks in Chile, that those banks were subject to home country supervision on a consolidated basis by their home country supervisor, the Superintendencia de Bancos e Instituciones Financieras ("SBIF SBIF Small Business Ideas Forum (www.smallbusinessbrief.com/forum) "). (3) Bank is supervised by the SBIF on substantially the same terms and conditions as those other banks. Based on all the facts of record, it has been determined that Bank is subject to comprehensive supervision on a consolidated basis by its home country supervisor.

The additional standards set forth in section 7 of the IBA and Regulation K (see 12 U.S.C. [section] 3105(d)(3)-(4); 12 CFR 211.24(c)(2)-(3)) have also been taken into account. The SBIF has no objection to the establishment of the proposed branch.

Chile's risk-based capital standards are consistent with those established by the Basel Capital Accord ("Accord"). Bank's capital is in excess of the minimum levels that would be required by the Accord and is considered equivalent to capital that would be required of a U.S. banking organization. Managerial and other financial resources of Bank also are considered consistent with approval, and Bank appears to have the experience and capacity to support the proposed branch. Bank has established controls and procedures for the proposed branch to ensure compliance with U.S. law and for its operations in general.

Chile is a member of GAFISUD (Financial Action Task Force for South America South America, fourth largest continent (1991 est. pop. 299,150,000), c.6,880,000 sq mi (17,819,000 sq km), the southern of the two continents of the Western Hemisphere. ), which is an observer organization to the Financial Action Task Force. Chile has enacted laws and adopted regulations to deter money laundering. Money laundering is a criminal offense in Chile, and financial institutions are required to establish internal policies, procedures, and systems for the detection and prevention of money laundering throughout their worldwide operations. Bank has policies and procedures to comply with these laws and regulations. Bank's compliance with applicable laws and regulations is monitored by its auditors AUDITORS, practice. Persons lawfully appointed to examine and digest accounts referred to them, take down the evidence in writing, which may be lawfully offered in relation to such accounts, and prepare materials on which a decree or judgment may be made; and to report the whole, together  and the SBIF.

With respect to access to information about Bank's operations, the restrictions on disclosure in relevant jurisdictions in which Bank operates have been reviewed and relevant government authorities have been communicated with regarding access to information. Bank has committed to make available to the Board such information on the operations of Bank and any of its affiliates that the Board deems necessary to determine and enforce compliance with the IBA, the Bank Holding Company Act, and other applicable federal law. To the extent that the provision of such information to the Board may be prohibited by law or otherwise, Bank has committed to cooperate with the Board to obtain any necessary consents or waivers that might be required from third parties for disclosure of such information. In addition, subject to certain conditions, SBIF may share information on Bank's operations with other supervisors, including the Board. In light of these commitments and other facts of record, and subject to the condition described below, it has been determined that Bank has provided adequate assurances of access to any necessary information that the Board may request.

Based on the foregoing and all the facts of record, Bank's application to establish a branch is hereby approved. (4) Should any restrictions on access to information on the operations or activities of Bank and its affiliates subsequently interfere with the Board's ability to obtain information to determine and enforce compliance by Bank or its affiliates with applicable federal statutes, the Board may require termination of any of Bank's direct or indirect activities in the United States. Approval of this application also is specifically conditioned on compliance by Bank with the conditions imposed in this order and the commitments made to the Board in connection with this application. (5) For purposes of this action, these commitments and conditions are deemed to be conditions imposed by the Board in writing in connection with its findings and decision and, as such, may be enforced in proceedings under applicable law.

By order, approved pursuant to authority delegated by the Board, effective June 20, 2005.

Robert de V. Frierson

Deputy Secretary of the Board

(1.) Asset data are as of March 31, 2005.

(2.) In assessing this standard, the Board considers, among other factors, the extent to which the home country supervisors:

(i) ensure that the bank has adequate procedures for monitoring and controlling its activities worldwide;

(ii) obtain information on the condition of the bank and its subsidiaries and offices through regular examination reports, audit reports, or otherwise;

(iii) obtain information on the dealings with and relationship between the bank and its affiliates, both foreign and domestic;

(iv) receive from the bank financial reports that are consolidated on a worldwide basis or comparable information that permits analysis of the bank's financial condition on a worldwide consolidated basis; and

(v) evaluate prudential standards, such as capital adequacy and risk-asset exposure, on a worldwide basis.

These are indicia of comprehensive, consolidated supervision. No single factor is essential, and other elements may inform the Board's determination.

(3.) See Banco de Chile The Banco de Chile (Chile Bank), is the second biggest banking group of Chile, behind the Banco Santander Santiago followed by the BBVA Chile. Founded the 28 of October of 1893 by the fusion of the banks of Valparaiso (1855), National of Chile (1865) and Agriculturist (1869). , 90 Federal Reserve Bulletin 550 (2004); Banco de Credito e Inversiones S.A., 85 Federal Reserve Bulletin 446 (1999). See also, Banco de Chile, 80 Federal Reserve Bulletin 179 (1994).

(4.) Approved by the director of the Division of Banking Supervision and Regulation, with the concurrence of the general counsel, pursuant to authority delegated by the Board.

(5.) The Board's authority to approve the establishment of the proposed branch parallels the continuing authority of the State of New York to license offices of a foreign bank. The Board's approval of this application does not supplant the authority of the State of New York to license the proposed office of Bank in accordance with any terms or conditions that it may impose.

Banco Financiera Comercial Hondurena, S.A.

Tegucigalpa, Honduras

Order Approving Establishment of a Representative Office

Banco Financiera Comercial Hondurena, S.A. ("Bank"), Tegucigalpa, Honduras, a foreign bank within the meaning of the International Banking Act ("IBA"), has applied under section 10(a) of the IBA (12 U.S.C. [section] 3107(a)) to establish a representative office in Miami, Florida “Miami” redirects here. For the Native American tribe, see Miami tribe.

Miami is a major city in southeastern Florida, in the United States. It is the county seat of Miami-Dade County. Miami is a gamma world city with an estimated population of 404,048.
. The Foreign Bank Supervision Enhancement Act of 1991, which amended the IBA, provides that a foreign bank must obtain the approval of the Board to establish a representative office in the United States.

Notice of the application, affording interested persons an opportunity to submit comments, has been published in a newspaper of general circulation in Miami, Florida (Miami Daily Business Review, March 19, 2004). The time for filing comments has expired, and all comments received have been considered.

Bank, with total consolidated assets of approximately $612 million, (1) is the fourth largest commercial bank in Honduras and provides wholesale and retail banking services through a network of domestic branches. (2) In the United States, Bank has licenses to operate nonbank non·bank  
adj.
Of, relating to, or done by a business or an institution that is not a bank but performs similar services.
 subsidiaries in Florida, Georgia Georgia, country, Asia
Georgia (jôr`jə), Georgian Sakartvelo, Rus. Gruziya, officially Republic of Georgia, republic (2005 est. pop. 4,677,000), c.26,900 sq mi (69,700 sq km), in W Transcaucasia.
, New York, North Carolina North Carolina, state in the SE United States. It is bordered by the Atlantic Ocean (E), South Carolina and Georgia (S), Tennessee (W), and Virginia (N). Facts and Figures


Area, 52,586 sq mi (136,198 sq km). Pop.
, and Virginia Virginia, state, United States
Virginia, state of the south-central United States. It is bordered by the Atlantic Ocean (E), North Carolina and Tennessee (S), Kentucky and West Virginia (W), and Maryland and the District of Columbia (N and NE).
 that engage in money remittance Money sent from one individual to another in the form of cash, check, or some other manner.

Financial statements sent by a creditor to a debtor frequently refer to the process of submitting a monthly remittance.


REMITTANCE, comm. law.
 services. (3)

The proposed representative office is intended to act as a liaison between Bank's head office in Honduras and its existing and prospective customers in Honduras and the United States. The office would engage in representative functions in connection with the activities of Bank, solicit new business, provide information to customers concerning their accounts, inform U.S.- and Honduran-owned businesses of business opportunities existing in Honduras, and receive applications for extensions of credit and other banking services on behalf of Bank.

In acting on an application by a foreign bank to establish a representative office under the IBA and Regulation K, the Board must consider whether the foreign bank: (1) engages directly in the business of banking outside of the United States; (2) has furnished to the Board the information it needs to assess the application adequately; and (3) is subject to comprehensive supervision on a consolidated basis by its home country supervisor (12 U.S.C. [section] 3107(a)(2); 12 CFR 211.24(d)(2)). (4) The Board also may consider additional standards set forth in the IBA and Regulation K (12 U.S.C. [section] 3105(d)(3)-(4); 12 CFR 211.24(c)(2)). The Board will consider that the supervision standard has been met where it determines that the applicant bank is subject to a supervisory framework that is consistent with the activities of the proposed representative office, taking into account the nature of such activities. (5) This is a lesser standard than the comprehensive, consolidated supervision standard applicable to applications to establish branch or agency offices of a foreign bank. The Board considers the lesser standard sufficient for approval of representative office applications because representative offices may not engage in banking activities (12 CFR 211.24(d)(2)).

In connection with this application, Bank has provided certain commitments that limit the activities of the representative office. It has committed that the representative office would engage only in certain specified activities and would not make credit decisions on behalf of Bank, solicit deposits on behalf of Bank, or engage in activities related to securities trading securities trading, financial activity involving transactions of property such as stocks, bonds, commodities, and currency (see securities). Although the trading of stocks and bonds dates back several centuries in many Western nations, the development of the , foreign exchange, or money transmission. Bank has also committed that the representative office would not solicit business for or promote the services of Bank's U.S. nonbank subsidiaries and would not share office space with those subsidiaries.

As noted above, Bank engages directly in the business of banking outside the United States. Bank also has provided the Board with information necessary to assess the application through submissions that address the relevant issues.

Bank has provided the following information regarding home country supervision. Bank is supervised by the National Commission on Banking and Insurance ("NCBI NCBI National Center for Biotechnology Information (NIH)
NCBI National Coalition Building Institute
NCBI National Council for the Blind of Ireland (Dublin, Ireland) 
"). The NCBI is responsible for the regulation and supervision of financial institutions operating in Honduras.

The NCBI issues and implements regulations concerning accounting requirements, asset quality, management, operations, capital adequacy, loan classification and loan loss reserve requirements Reserve Requirements

Requirements regarding the amount of funds that banks must hold in reserve against deposits made by their customers. This money must be in the bank's vaults or at the closest Federal Reserve Bank.
. In addition, the NCBI has authority to order corrective cor·rec·tive
adj.
Counteracting or modifying what is malfunctioning, undesirable, or injurious.

n.
An agent that corrects.


corrective,
n
 measures, impose sanctions Sanctions is the plural of sanction. Depending on context, a sanction can be either a punishment or a permission. The word is a contronym.

Sanctions involving countries:
, and assume management of a financial institution or liquidate To pay and settle the amount of a debt; to convert assets to cash; to aggregate the assets of an insolvent enterprise and calculate its liabilities in order to settle with the debtors and the creditors and apportion the remaining assets, if any, among the stockholders or owners of the  it.

The NCBI supervises and regulates Bank in Honduras through a combination of on-site examinations and off-site monitoring. (6) On-site examinations are conducted on an annual basis and cover capital adequacy, asset quality, profitability, administrative efficiency, liquidity, and compliance with the law. If necessary, the NCBI can also conduct special on-site examinations. Off-site monitoring of Bank is conducted by the NCBI through the review of required monthly and quarterly reports. An external audit is also part of the supervisory process and must be conducted at least annually. (7)

Based on all the facts of record, including the commitments provided by Bank limiting the activities of the proposed office, it has been determined that Bank is subject to a supervisory framework that is consistent with the activities of the proposed representative office, taking into account the nature of such activities.

The additional standards set forth in section 7 of the IBA and Regulation K (see 12 U.S.C. [section] 3105(d)(3)-(4); 12 CFR 211.24(c)(2)) have also been taken into account. The NCBI has no objection to the establishment of the proposed representative office.

With respect to the financial and managerial resources of Bank, taking into consideration its record of operations in its home country, its overall financial resources, and its standing with its home country supervisor, financial and managerial factors are consistent with approval of the proposed representative office. Bank appears to have the experience and capacity to support the proposed representative office and has established controls and procedures for the proposed representative office to ensure compliance with U.S. law.

Although Honduras is not a member of the Financial Action Task Force ("FATF FATF Financial Action Task Force on Money Laundering
FATF Fuel Assembly Transfer Form (nuclear power) 
"), Honduras has enacted laws based on the general recommendations of the FATF. Additionally, Honduras is a member of the Caribbean Financial Action Task Force and participates in other international forums that address the prevention of money laundering. (8) Money laundering is a criminal offense in Honduras, and banks are required to establish internal policies and procedures for the detection and prevention of money laundering. (9) Legislation and regulation require banks to adopt know-your-customer policies, report suspicious transactions, and maintain records. Accordingly, Bank has established anti-money-laundering policies and procedures, which include the implementation of know-your-customer policies, suspicious activity reporting A Suspicious Activity Report (or SAR) is a report regarding suspicious or potentially suspicious activity, filed with the Financial Crimes Enforcement Network (FinCEN), an agency of the United States Department of the Treasury.  procedures, and related training programs and manuals. Bank's external auditors The examples and perspective in this article or section may not represent a worldwide view of the subject.
Please [ improve this article] or discuss the issue on the talk page.
 review compliance with requirements to prevent money laundering.

With respect to access to information on Bank's operations, the restrictions on disclosure in relevant jurisdictions in which Bank operates have been reviewed and relevant government authorities have been communicated with regarding access to information. Bank and its parent have committed to make available to the Board such information on the operations of Bank and any of its affiliates as the Board deems necessary to determine and enforce compliance with the IBA, the Bank Holding Company Act of 1956, as amended, and other applicable federal law. To the extent that the provision of such information to the Board may be prohibited by law or otherwise, Bank and Bank's parent have committed to cooperate with the Board to obtain any necessary consents or waivers that might be required from third parties for disclosure of such information. In addition, subject to certain conditions, the NCBI may share information on Bank's operations with other supervisors, including the Board. In light of these commitments and other facts of record, and subject to the condition described below, it has been determined that Bank has provided adequate assurances of access to any necessary information that the Board may request.

Based on the foregoing and all the facts of record, and subject to the commitments made by Bank and its parent and the terms and conditions set forth in this order, Bank's application to establish the representative office is hereby approved. (10) Should any restrictions on access to information on the operations or activities of Bank or any of its affiliates subsequently interfere with the Board's ability to obtain information to determine and enforce compliance by Bank or its affiliates with applicable federal statutes, the Board may require or recommend termination of any of Bank's direct and indirect activities in the United States. Approval of this application also is specifically conditioned on compliance by Bank and its parent with the conditions imposed in this order and the commitments made to the Board in connection with this application. (11) For purposes of this action, these commitments and conditions are deemed to be conditions imposed in writing by the Board in connection with its finding and decision and, as such, may be enforced in proceedings under applicable law. By order, approved pursuant to authority delegated by the Board, effective April 20, 2005.

Robert de V. Frierson

Deputy Secretary of the Board

(1.) Unless otherwise indicated, data are as of December 31, 2004.

(2.) Corporacion del Pacifico SA de CV ("CORPASA"), a Honduran holding company, is Bank's largest shareholder with a 51.3 percent ownership interest in Bank. CORPASA in turn is owned by members of the Atala family.

(3.) Bank owns its money remittance subsidiaries through Ficohsa Express Holding LLC, a holding company organized in Florida, which in turn is owned by Grupo Financiero Ficohsa Ltd, a company organized in the British Virgin Islands British Virgin Islands

A British colony in the eastern Caribbean east of Puerto Rico and the U.S. Virgin Islands. Road Town, on Tortola Island, is the capital. Population: 21,700.

Noun 1.
.

(4.) In assessing the supervision standard, the Board considers, among other factors, the extent to which the home country supervisors:

(i) ensure that the bank has adequate procedures for monitoring and controlling its activities worldwide;

(ii) obtain information on the condition of the bank and its subsidiaries and offices through regular examination reports, audit reports, or otherwise;

(iii) obtain information on the dealings with and relationship between the bank and its affiliates, both foreign and domestic;

(iv) receive from the bank financial reports that are consolidated on a worldwide basis or comparable information that permits analysis of the bank's financial condition on a worldwide consolidated basis; and

(v) evaluate prudential standards, such as capital adequacy and

risk asset exposure, on a worldwide basis. These are indicia of comprehensive, consolidated supervision. No single factor is essential, and other elements may inform the Board's determination.

(5.) See, e.g., Jamaica National Building Society, 88 Federal Reserve Bulletin 59 (2002); RHEINHYP Rheinische Hypothekenbank AG, 87 Federal Reserve Bulletin 558 (2001); see also Promstroybank of Russia, 82 Federal Reserve Bulletin 599 (1996); Komercni Banka, a.s., 82 Federal Reserve Bulletin 597 (1996); Commercial Bank "Ion Tiriac," S.A., 82 Federal Reserve Bulletin 592 (1996).

(6.) The laws governing gov·ern  
v. gov·erned, gov·ern·ing, gov·erns

v.tr.
1. To make and administer the public policy and affairs of; exercise sovereign authority in.

2.
 bank supervision in Honduras are in need of strengthening. The law was amended in September 2004 to require banks to obtain the prior authorization prior authorization,
n See predetermination.

prior authorization Health insurance A cost containment measure that provides full payment of health benefits only if the hospitalization or medical treatment has been
 of the NCBI to establish foreign operations and to report monthly to the NCBI on their operations. The NCBI continues to work to obtain additional legislation that would allow it to supervise banks on a fully consolidated basis.

(7.) The external auditing firm must be approved by and registered with the NCBI.

(8.) Honduras is a member of the Organization of American States Organization of American States (OAS), international organization, created Apr. 30, 1948, at Bogotá, Colombia, by agreement of Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Cuba, the Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti,  Inter-American Drug Abuse Control Commission Experts Group to Control Money Laundering. Honduras is also party to the 1988 UN Convention Against the Illicit Traffic of Narcotics narcotics n. 1) techinically, drugs which dull the senses. 2) a popular generic term for drugs which cannot be legally possessed, sold, or transported except for medicinal uses for which a physician or dentist's prescription is required.  and Psychotropic psychotropic /psy·cho·tro·pic/ (si?ko-tro´pik) exerting an effect on the mind; capable of modifying mental activity; said especially of drugs.

psy·cho·tro·pic
adj.
 Substances, the UN International Convention Against Transnational Organized Crime In 2000 the United Nations adopted the Convention against Transnational Organized Crime, also called the Palermo Convention, and the two Palermo Protocols thereto:
 and the UN International Convention for the Suppression suppression /sup·pres·sion/ (su-presh´un)
1. the act of holding back or checking.

2. sudden stoppage of a secretion, excretion, or normal discharge.

3.
 of the Financing of Terrorism.

(9.) In 2002, legislation was enacted to strengthen the anti-money laundering Anti-money laundering ("AML") is a term mainly used in the financial and legal industries to describe the legal controls that require financial institutions and other regulated entities to prevent or report money laundering activities.  regime in Honduras. Among other measures, the legislation expanded the definition of money laundering, strengthened enforcement, and established a financial intelligence unit within the NCBI.

(10.) Approved by the director of the Division of Banking Supervision and Regulation, with the concurrence of the general counsel, pursuant to authority delegated by the Board. See 12 CFR 265.7(d)(12).

(11.) The Board's authority to approve the establishment of the proposed representative office parallels the continuing authority of the State of Florida to license offices of a foreign bank. The Board's approval of this application does not supplant the authority of the State of Florida or its agent, the Florida Department Florida is a department (departamento) of Uruguay. Population and Demographics
As of the census of 2004, there were 68,181 people and 21,938 households in the department. The average household size was 3.1. For every 100 females, there were 100.4 males.
 of Financial Services, to license the proposed office of Bank in accordance with any terms or conditions that it may impose.
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Author:de V. Frierson, Robert
Publication:Federal Reserve Bulletin
Geographic Code:9JAPA
Date:Jun 22, 2005
Words:5209
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