Sec. 313. PROHIBITION ON UNITED STATES CORRESPONDENT ACCOUNTS WITH FOREIGN SHELL BANKS
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## SEC. 313 PROHIBITION ON UNITED STATES CORRESPONDENT ACCOUNTS WITH FOREIGN SHELL BANKS ###
(a)In General Section 5318 of title 31, United States Code, as amended by this title, is amended by adding at the end the following: > > ### “(j) Prohibition on United States Correspondent Accounts With Foreign Shell Banks > > > #### “(1) In general > > A financial institution described in subparagraphs
(A)through
(G)of section 5312(a)(2) (in this subsection referred to as a ‘covered financial institution’) shall not establish, maintain, administer, or manage a correspondent account in the United States for, or on behalf of, a foreign bank that does not have a physical presence in any country. > > > #### “(2) Prevention of indirect service to foreign shell banks > > A covered financial institution shall take reasonable steps to ensure that any correspondent account established, maintained, administered, or managed by that covered financial institution in the United States for a foreign bank is not being used by that foreign bank to indirectly provide banking services to another foreign bank that does not have a physical presence in any country. The Secretary of the Treasury shall, by regulation, delineate the reasonable steps necessary to comply with this paragraph. > > > #### “(3) Exception > > Paragraphs
(1)and
(2)do not prohibit a covered financial institution from providing a correspondent account to a foreign bank, if the foreign bank— > > > ##### “(A) > > is an affiliate of a depository institution, credit union, or foreign bank that maintains a physical presence in the United States or a foreign country, as applicable; and > > > ##### “(B) > > is subject to supervision by a banking authority in the country regulating the affiliated depository institution, credit union, or foreign bank described in subparagraph (A), as applicable. > > > #### “(4) Definitions > > For purposes of this subsection— > > > ##### “(A) > > the term ‘**affiliate**’ means a foreign bank that is controlled by or is under common control with a depository institution, credit union, or foreign bank; and > > > ##### “(B) > > the term ‘**physical presence**’ means a place of business that— > > > ###### “(i) > > is maintained by a foreign bank; > > > ###### “(ii) > > is located at a fixed address (other than solely an electronic address) in a country in which the foreign bank is authorized to conduct banking activities, at which location the foreign bank— > > > ###### “(I) > > employs 1 or more individuals on a full-time basis; and > > > ###### “(II) > > maintains operating records related to its banking activities; and > > > ###### “(iii) > > is subject to inspection by the banking authority which licensed the foreign bank to conduct banking activities.” > . ###
(b)Effective Date **[**[31 U.S.C. 5318 note](/us/usc/t31/s5318)**]** The amendment made by subsection
(a)shall take effect at the end of the 60-day period beginning on the date of enactment of this Act.
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Sec. 313
PROHIBITION ON UNITED STATES CORRESPONDENT ACCOUNTS WITH FOREIGN SHELL BANKS
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