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(5) HEARING PROCEDURE.—Section 8(h) of the Federal De posit Insurance Act shall apply to any proceeding under this
subsection. SEC. 17. (12 U.S.C. 3111) CRIMINAL PENALTY.
Whoever, with the intent to deceive, to gain financially, or to cause financial gain or loss to any person, knowingly violates any provision of this Act or any regulation or order issued by the appropriate Federal banking agency under this Act shall be imprisoned not more than 5 years or fined not more than $1,000,000 for each day during which a violation continues, or both.
INTERNATIONAL LENDING SUPERVISION ACT OF 1983 1 NTERNA
SHORT TITLE SEC. 901. (12 U.S.C. 3901 note] This title may be cited as the "International Lending Supervision Act of 1983”.
DECLARATION OF POLICY SEC. 902. (12 U.S.C. 3901) (a)(1) It is the policy of the Congress to assure that the economic health and stability of the United States and the other nations of the world shall not be adversely affected or threatened in the future by imprudent lending practices or inadequate supervision.
(2) This shall be achieved by strengthening the bank regu, latory framework to encourage prudent private decisionmaking and by enhancing international coordination among bank regulatory authorities.
(b) The Federal banking agencies shall consult with the banking supervisory authorities of other countries to reach understandings aimed at achieving the adoption of effective and consistent supervisory policies and practices with respect to international lending.
(1) the term “appropriate Federal banking agency” has the same meaning given such term in section 3(q) of the Federal Deposit Insurance Act, except that for purposes of this title such term means the Board of Governors of the Federal Reserve System for
(A) bank holding companies and any nonbank subsidiary thereof;
(B) Edge Act corporations organized under section 25(a) of the Federal Reserve Act; and
(C) Agreement Corporations operating under section 25 of the Federal Reserve Act; and (2) the term "banking institution" means
(A)(i) an insured bank as defined in section 3(h) of the Federal Deposit Insurance Act or any subsidiary of an insured bank;
(ii) an Edge Act corporation organized under section 25(a) of the Federal Reserve Act; and
(iii) an Agreement Corporation operating under section 25 of the Federal Reserve Act; and
1 This Act was enacted as title IX of the Domestic Housing and International Recovery and Financial Stability Act which was enacted as part of the Supplemental Appropriations Act, 1984 (P.L 98-181).
(B) to the extent determined by the appropriate Federal banking agency, any agency or branch of a foreign bank, and any commercial lending company owned or controlled by one or more foreign banks or companies that control a foreign bank as those terms are defined in the International Banking Act of 1978. The term “banking
institution" shall not include a foreign bank. STRENGTHENED SUPERVISION OF INTERNATIONAL LENDING
SEC. 904. (12 U.S.C. 3903) (a) Each appropriate Federal banking agency shall evaluate banking institution foreign country expo sure and transfer risk for use in banking institution examination and supervision.
(b) Each such agency shall establish examination and supervisory procedures to assure that factors such as foreign country exposure and transfer risk are taken into account in evaluating the adequacy of the capital of banking institutions.
SEC. 905. (12 U.S.C. 3904) (a)(1) Each appropriate Federal banking agency shall require a banking institution to establish and maintain a special reserve whenever, in the judgment of such appropriate Federal banking agency-,
(A) the quality of such banking institution's assets has been impaired by a protracted inability of public or private borrowers in a foreign country to make payments on their external indebtedness as indicated by such factors, among others,
(i) a failure by such public or private borrowers to make full interest payments on external indebtedness;
(ii) a failure to comply with the terms of any restructured indebtedness; or
(iii) a failure by the foreign country to comply with any International Monetary Fund or other suitable adjustment program; or
(B) no definite prospects exist for the orderly restoration of debt service.
(2) Such reserves shall be charged against current income and shall not be considered as part of capital and surplus or allowances for possible loan losses for regulatory, supervisory, or disclosure purposes.
(b) The appropriate Federal banking agencies shall analyze the results of foreign loan rescheduling negotiations, assess the loan loss risk reflected in rescheduling agreements, and, using the powers set forth in section 908 (regarding capital adequacy), ensure that the capital and reserve positions of United States banks are adequate to accommodate potential losses on their foreign loans.
(c) The appropriate Federal banking agencies shall promulgate regulations or orders necessary to implement this section within one hundred and twenty days after the date of the enactment of this title.