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Minutes for

To:

Members of the Board

From:

Office of the Secretary

May 11, 1964.

Attached is a copy of the minutes of the
Board of Governors of the Federal Reserve System on
the above date.
It is not proposed to include a statement
with respect to any of the entries in this set of
minutes in the record of policy actions required to
be maintained pursuant to section 10 of the Federal
Reserve Act.
Should you have any question with regard to
the minutes, it will be appreciated if you will advise
the Secretary's Office. Otherwise, please initial
below. If you were present at the meeting, your
initials will indicate approval of the minutes. If
you were not present, your initials will indicate
only that you have seen the minutes.

Chm. Martin
Gov. Mills
Gov. Robertson
Gov. Balderston
Gov. Shepardson
Gov. Mitchell
Gov. Daane

A (
r1.
i)(3

Reserve System
Minutes of the Board of Governors of the Federal
on Monday, May 11, 1964.
PRESENT:

Mr.
Mr.
Mr.
Mr.
Mr.

The Board met in the Board Room at 10:00 a.m.

Martin, Chairman
Balderston, Vice Chairman
Mills
Robertson
Shepardson
Mr. Sherman, Secretary
Mr. Kenyon, Assistant Secretary
Mr. Young, Adviser to the Board and Director,
Division of International Finance
Mr. Cardon, Legislative Counsel
Mr. Fauver, Assistant to the Board
Mr. Hackley, General Counsel
Mr. Solomon, Directo; Division of Examinations
Mr. Shay, Assistant General Counsel
of
Mr. Goodman, Assistant Director, Division
Examinations
Mr. Leavitt, Assistant Directo; Division of
Examinations
Mr. Doyle, Attorney, Legal Division
Mr. Egertson, Supervisory Review Examiner,
Division of Examinations
Mr. Poundstone, Review Examiner, Division of
Examinations

Branch application (Item No. 1).

Unanimous approval was given to

establishment of a
a letter to Bank of Utah, Ogden, Utah, approving the
branch in Riverdale.

es
A copy of the letter is attached to these minut

as Item No. 1.
ng.
Mr. Egertson then withdrew from the meeti
Possible amendment to section 25.

There had been distributed a

dated May
Memorandum from Messrs. Shay and Doyle

7,

1964, submitting for

men of the Conthe Board's consideration a draft of letter to the Chair
ncy that would submit a proposed
gressional Committees on Banking and Curre

5/11/64

-2-

amendment to section 25 of the Federal Reserve Act to permit national
banks (and therefore State member banks by virtue of section

9 of the

Act) to apply to the Board for permission to acquire and hold controlling
stock interests in foreign banks.

The proposed amendment would prevent

acquison of the controlling interest in any foreign bank that was
engaged in any activity in the United States that was not, in the Board's
Judgment, incidental to its foreign business.

The amendment would also

limit aggregate stock investments under sections 25 and 25(a) to 10 per
cent of a member bank's capital and surplus.
The memorandum pointed out that in a letter to the Budget Bureau
dated May 13, 1963, the Board indicated that it would favor an amendment
to section 25 along these lines.

The question was revived this year by

a Proposed ruling by the Comptroller of the Currency to the effect that
Under existing law national banks could invest directly in the stock of
foreign banks.

In a letter to the Comptroller's Administrative Assistant

dated April 28, 1964, the Board took the position that such direct investMent was not Presently permissible under Federal law.

In light of these

circumstances, it was thought that the Board might want to consider the
Possibility of proposing appropriate legislation.
As noted in the memorandum, the case for relaxing the restriction
011 direct holding of foreign bank stock by national banks had been urged
in 1962 in the report of the Comptroller's Advisory Committee on Banking.
It had also been urged in letters written to Chairman Martin in 1963 by
th

President of First National City Bank of New York.

Similarly, Chase

1683
5/11/64

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its Brazilian
Manhattan Bank had advocated legislation that would remove
and Venezuelan banking affiliates from the scope of section 23A restrictions.
Solomon,
Following comments by Mr. Shay, the Chairman turned to Mr.
who said he did not see any strong reason for insisting on a separate
banking subsidic°rPoration coming between a member bank and its foreign
aries.

to limit
In fact, there might be some question as to the need

direct ownership to situations involving controlling interests.
n on policy
Mr. Goodman observed that there might be some questio
this time.
grounds as to whether any legislation should be proposed at
He also noted that, as implied by Mr. Solomon's comments, the main interest
partnership
at Present seemed to be centered in the so-called junior
4rrangement rather than acquisition of controlling interest.

If the

to indirect investsame supervisory powers were available as with respect
Ments through Edge or agreement subsidiaries, legislation authorizing
directly in
Member banks to apply for the Board's permission to invest
foreign banks would seem to him appropriate.

In the representations of

on
l'irst National City Bank on this matter, he sensed basically an objecti
to the Board's supervision of foreign banking subsidiaries.

National

to make any loans that
City apparently would like them to have authority
4

foreign branch could make.
in presenting the
Mr. Shay commented that the Legal Division,

view as to how
Matter for the Board's consideration, held no particular

5/11/64
the subject should be approached in terms of fine details.

As the pro-

Posed legislation was now drafted, the Board would have the same authority
over direct investments in foreign banks as with respect to those made
through Edge and agreement corporations.

This might suggest that the

authority for direct investment not be limited to cases where the member
bank would hold controlling interest.

The Legal Division was not sug-

gesting submission of the proposed legislation at this time with any
idea that such legislation was likely to be passed at this session of

the Congress.

However, it was thought that the Board might like to have

its recommendation on record.
Mr. Cardon agreed that there would seem to be little more hope of
getting early action on this matter than on the pending matters that were
c't more importance from the Board's standpoint.
Governor Balderston referred to the question that had been raised
from time to time concerning the right of the Board to examine indirectlyowned foreign banks, and Mr. Solomon replied that this was admittedly a
Perplexing problem.

However, it existed under the present arrangement

where investments were made indirectly through Edge or agreement corporations,
841d presumably the Board could follow the same approach in dealing with
clirect investments in the stock of foreign banks.
After further discussion of this aspect of the matter, Chairman
Martin observed that, on policy grounds, there might be a real question
whether this was a good time to submit proposed legislation on which there

was little possibility of obtaining action.

5/11/64

-5Governor Mills indicated that he was undecided on the matter.

The proposal Messrs. Shay and Doyle had developed appeared to be consistent with the approach the Board had taken earlier.

This would argue

on the side that at an appropriate time there would be some advantage
in asking for introduction of a bill of this sort, and it might forestall
more aggressive action by the Comptroller in advancing his awn position.
Purther, he felt that the interested banks had made a somewhat persuasive
case for greater flexibility in their operations.

On the other hand,

there had been advantages in the Edge and agreement corporations, for
.
they tended to insulate the parent bank from its foreign banking operations
Also, the Edge and agreement corporations could be appropriately supervised
and examined by the Board.

The revised Regulation K, however, had commin-

gled foreign banking and financing operations to the extent that he found
it rather hard to know exactly what the Edge and agreement corporations
//ere doing, and that was where he would have some uneasiness about the
Proposed legislation.

Although there would be a limitation imposed in

invested
terms of the amount of a bank's capital and surplus that could be
In the stock of a foreign bank, he had an intuition that if member banks
'ere permitted to own foreign banks directly, as well as indirectly, the
availability of the alternative choices might not operate in the best
interests of sound banking and bank supervision.

On balance, he was

rather inclined to favor the proposal, but he foresaw the possibility
c)f Problems arising at some time in the future.

1686
5/11/64

-6Governor Robertson said he had grave doubts about the proposal.

In his view, this was not the time to submit a recommendation merely
to show that the Board was inclined to move in the same direction that
someone else was advocating.

He also found it difficult to draw a valid

distinction between acquisition of stock of foreign banks and domestic
banks.

The Edge Act was designed to keep banking activities abroad at

arm t s length.

The staff memorandum indicated that there were administra-

tive and tax disadvantages in the present procedure, but he did not know
exactly what they were.

Similarly, the memorandum indicated that certain

Unnecessary restrictions would be removed, but it did not say what they
ere.

He knew of no specific situation in which it would be easier to

°wn stock in a foreign bank direct rather than through an Edge corporation.
In summary, he had much doubt about the proposal in terms of timing and
13°1icy, and he would be inclined to do nothing.

Additionally, enactment

Of the proposed legislation might have the effect of increasing foreign
lending by American banks, with adverse consequences in terms of the U. S.
balance of payments.
advantage
Governor Shepardson said he found it difficult to see the
°f the indirect, so-called arm t s-length approach.

If an American bank was

involved in banking operations abroad, whether directly or indirectly, it
/las going to incur about the same obligations, responsibilities, and hazards.
In Principle, therefore, the proposal would seem to represent a desirable
s:3ve.

by
Its main purpose apparently would be to accommodate operations

5/11/64

-7-

member banks in those countries where direct branches were not permitted.
As

to timing, he was uncertain.

There had been instances where the Board

had favored a certain course but failed to make its position known, with
the result that developments had occurred that tended to put the Board
ih an unfavorable light.

Unless there was good reason to delay, he

Ifould be inclined to submit a legislative recommendation on the basis
that the proposal represented a desirable move in which it was known
that some member banks were interested.
Governor Balderston expressed the view that it would be desirable
if the Board could state in its next Annual Report that it had put forward
4nd promoted a sound package of proposed legislation.

He doubted that it

1/ou1d be possible to get any such legislation enacted at this session of
Congress, but he felt that the Board should be doing something other than
taking negative positions on legislative proposals advanced by others.
This particular item did not seem too important in itself; it would be
Of interest to only a relatively few banks.

However, he was not convinced

that the Board was getting too much advantage out of the existing legislative situation that required indirect acquisition of interests in
f°reign banking enterprises.
Chairman Martin expressed agreement with Governor Balderston's
811ggestion that a package of legislation be formulated and said he did
not believe that a piecemeal approach was too effective.

It would be

better to start working on a legislative program for 1965, pulling together
them at one time.
4 nUMber of items that the Board favored and submitting

1
- .66S
5/11/64

-8Governor Shepardson indicated that he would be agreeable to such

a Plan, but added that this would mean that the Board should begin soon
to prepare the package of legislation.

Other members of the Board also

expressed a desire that the package of possible legislative proposals
be drawn together as promptly as possible.

It was made clear in further

discussion that an omnibus bill was not contemplated.

Instead, the pro-

gram would, comprise various legislative proposals that the Board considered
l'forthy of presenting to the Congress for consideration as a package.
Accordingly, it was agreed that the proposal to amend section 25
Mould be held in abeyance and that the Legal Division would undertake to
Prepare for the Board's consideration a package of legislative proposals
that the Board could consider with a view to deciding what legislative
Program should be recommended to the Congress toward the end of this
Year or in early 1965.
Supervision of foreign banking activities.

Governor Robertson

repeated a suggestion he had made last fall that active consideration
be given to augmenting the staff resources of the Division of Examinations
devoted to foreign banking matters, and Mr. Solomon described efforts
being made toward that end.
Rotation of directors and use of nominating committees (Item No. 2).
?llrsuant to the understanding at the meeting on May

6,

1964, there was

distributed a new draft of letter to the Chairmen of the Federal Reserve
134nk8 supporting the principle of rotation of service of Class A and

-9-

5/11/64

Class B directors and commenting with regard to the use of nominating
advisory committees.
Governor Mills indicated that he continued to have a preference,
for reasons he had made known to the Board previously, against sending

41Y letter to the Federal Reserve Banks.

However, he noted that a series

Of draft letters had been presented to the Board for consideration, and
that

there would appear to have been sufficient discussion to warrant

reaching a decision.
place
Other members were of the view that it was desirable to
of
011 record through such a letter the Board's support of the principle
rotation of service and to encourage the furtherance of the practice.
suggested
48 to the nominating advisory committees, the importance was
cif making clear that if such a committee was utilized, the officers of
influence
the Reserve Bank should avoid any appearance of attempting to

the committee's deliberations.

It was also suggested that it might be

letter outhelPful to the Board's examining staff to have a guideline
standing.
Reserve
Accordingly, the letter to the Chairmen of the Federal
13ank5 was approved, Governor Mills' reservations being noted, with the
Presidents.
Understanding that copies would be sent to the Reserve Bank
4 copy of the approved letter is attached as Item No. 2.
Questions raised by Mr. Schremp.

Mr. Sherman reported for the

IlcArdis information on certain matters that had been discussed with him

5/11/64

-10-

in telephone conversations by Mr. Robert A. Schremp, a member of the
staff of Congressman Patman.

These related to the degree of availability

of Federal Open Market Committee minutes for use by interested parties
if such minutes were placed in National Archives, and to the question
l'rhY Federal Reserve Bank Presidents did not take oaths of office in
their capacity as Presidents.

Mr. Sherman said it had been pointed out

to Mr. Schremp that a Reserve Bank President took an oath of office whenever he served as a member or alternate member of the Federal Open Market
Committee, and he went on to describe the general nature of the discussion
Of this matter that had taken place.
The meeting then adjourned.
Secretary's Note: Governor Shepardson
today approved on behalf of the Board
the following items:
,
Memorandum from Mr. Schwartz, Director, Division of Data Processing,
nted May 6, 1964, recommending that Mr. Mack Rowe, who is to join the
Zard's staff in July as Chief of the Economic Graphics Section of the
74-vision of Data Processing, be invited to visit the Board on May 26,
:t4-96/4-, on a consultant basis at the rate of $40 for the day. Approval of
41118 appointment constituted approval of the resulting overexpenditure
Aal the Fees Account of the 1964 budget of the Division of Data Processing.
,
Memorandum from the Division of Data Processing recommending an
flerease in the basic annual salary of Ruth H. Smith, Operator (Key Punch)
that Division, from $4,195 to $4,495, with a change in title to Key
runoll Supervisor, effective May 11, 1964.

‘nt
Secretary-

Item No. 1
5/11/64

BOARD OF GOVERNORS
OF THE

FEDERAL RESERVE SYSTEM
WASHINGTON, D. C. 20551
ADDRESS OFFICIAL CORRESPONDENCE
TO THE BOARD

May 11, 1964.

Board of Directors,
Bank of Utah,
Ogden, Utah.
Gentlemen:
The Board of Governors of the Federal
Reserve System approves the establishment by
Bank of Utah, Ogden, Utah, of a branch in the
vicinity of the Riverdale Municipal Building,
Riverdale, Utah, provided the branch is established
within one year from the date of this letter.
Very truly yours,
(Signed) Karl E. Bakke
Karl E. Bakke,
Assistant Secretary.
(The letter to the Reserve Bank stated that the
Board also had approved a six-month extension
of the period allowed to establish the branch;
and that if an extension Should be requested,
the procedure prescribed in the Board's letter
of November 9, 1962 (S-1846), Should be followed.)

Item No. 2
5/11/64

BOARD OF GOVERNORS
OF THE

FEDERAL RESERVE 5\i/STEM

S-1913

WASHINGTON, O. C. 20551
ADDRESS OFFICIAL CORRESPONDENCE
TO THE BOARD

May 11, 1964.

Dear Sir:
of Federal Reserve
As you know, in appointing Class C directors
to a policy of rotation, under
8, the Board for many years has adhered
exich the service of such directors has been limited to two terms,
1953,
3,
April
of
cept in the case of the Chairman. (See Board's letter
L
. #3131.1)
'.R.L.S
ant",

rotation among FedThe Board believes that the advantages of
that any
eral Reserve Bank directors outweigh any disadvantages and
n principle
etaPs that member banks might take toward making the rotatio
B directors
Class
m°re generally applicable in the election of Class A and
may be
it
tion,
should be encouraged as far as possible. In this connec
in
n
Chairme
ecalled that, at a conference of Federal Reserve Bank
!
desirability of
acember 1959, there was unanimous agreement as to the
rotation in the service of such directors.
objective of rotation
The suggestion has been make that the
of member banks of
part
ry use on the
,41-1 be furthered by the volunta
now exist in several
as
flofficial nominating advisory committees, such
;
for the Reserve
iate
appropr
Eederal Reserve districts. It would seem
type in districts
that
of
,srlks to cooperate with nominating committees
banks,
member
the
by
ted
!1 which they have been, or may be, institu
.
!
of
purpose
the
for
ily
:hether or not their establishment was primar
to be
appear
would
nn
there
e,
couraging rotation in service. For exampl
the
at
ees
committ
such
of
s
objection to arrangements for meeting
assistance,
:eserve Banks, for providing clerical and administrative
s. In
meeting
such
to
t
nd for absorbing reasonable expenses inciden
should
Bank
Reserve
the
of
s
IlY case, of course, directors and officer
!
on
exerti
the
as
d
regarde
be
'Joe careful to avoid any actions that might
ees.
committ
such
by
influence in the choice of candidates
Very truly y6Ors,
_
Merritt 51errin,
Secretary.

10 THE CHAIRMEN OF ALL FEDERAL RESERVE BANKS.