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Press Release
December 14, 2012

Federal Reserve Board releases proposed rules
to strengthen the oversight of U.S. operations of
foreign banks
For immediate release
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The Federal Reserve Board on Friday proposed rules to strengthen the
oversight of U.S. operations of foreign banks.
The proposal would require foreign banking organizations with a
significant U.S. presence to create an intermediate holding company
over their U.S. subsidiaries, which would help facilitate consistent and
enhanced supervision and regulation of the U.S. operations of these
foreign banks. Foreign banks would also be required to maintain
stronger capital and liquidity positions in the United States, helping to
increase the resiliency of their U.S. operations.
“The proposed rulemaking is another important step toward
strengthening our regulatory framework to address the risks that large,
interconnected financial institutions pose to U.S. financial stability,”
Federal Reserve Chairman Ben S. Bernanke said.
The proposal implements provisions of the Dodd-Frank Wall Street
Reform and Consumer Protection Act in a manner that addresses the
risks associated with the increased complexity, interconnectedness, and
concentration of the U.S. operations of foreign banking organizations.
“Applicable regulations have changed relatively little in the last decade,
despite a significant and rapid transformation in the U.S. activities of
foreign banks, many of which moved beyond their traditional lending

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activities to engage in substantial, and often complex, capital market
activities,” Governor Daniel K. Tarullo said. “The crisis revealed the
resulting risks to U.S. financial stability.”
The proposal generally applies to foreign banking organizations with a
U.S. banking presence and total global consolidated assets of $50 billion
or more. More stringent standards are proposed for foreign banking
organizations with combined U.S. assets of $50 billion or more.
The Board proposed a number of measures, including:
U.S. intermediate holding company requirement. A foreign
banking organization with both $50 billion or more in global
consolidated assets and U.S. subsidiaries with $10 billion or more
in total assets generally would be required to organize its U.S.
subsidiaries under a single U.S. intermediate holding company
(IHC). Such a structure would create a platform for the consistent
supervision and regulation of the U.S. operations of foreign
banking organizations and help facilitate the resolution of failing
U.S. operations of a foreign bank if needed.
Risk-based capital and leverage requirements. IHCs of foreign
banking organizations would be subject to the same risk-based
and leverage capital standards applicable to U.S. bank holding
companies. This proposed requirement would help bolster the
consolidated capital positions of the IHCs as well as promote a
level playing field among all banking firms operating in the United
States. IHCs with $50 billion or more in consolidated assets also
would be subject to the Federal Reserve’s capital plan rule.
Liquidity requirements. The U.S. operations of foreign banking
organizations with combined U.S. assets of $50 billion or more
would be required to meet enhanced liquidity risk-management
standards, conduct liquidity stress tests, and hold a 30-day buffer
of highly liquid assets. The liquidity requirements would help
make the U.S. operations of foreign banking organizations more
resilient to funding shocks during times of stress.
The proposal also includes measures regarding capital stress tests,
single-counterparty credit limits, overall risk management, and early
remediation.
The Federal Reserve is proposing a substantial phase-in period to give
foreign banking organizations time to adjust to the new rules. Foreign
banking organizations with global consolidated assets of $50 billion or
more on July 1, 2014, would be required to meet the new standards on
July 1, 2015.
The Federal Reserve consulted with other members of the Financial
Stability Oversight Council in developing the proposal. Comments from
the public will be accepted through March 31, 2013.
Federal Register notice: PDF | HTML
Comments on this proposal: View
For media inquiries, call 202-452-2955.

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Last Update: December 14, 2012

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