§ 347.115 Permissible activities for a foreign branch of an insured state nonmember bank. In addition to its general banking powers and if permitted by the law of the state in which the bank is chartered, a foreign branch of a bank may conduct the following activities to the extent that they are consistent with banking practices in a foreign country where the bank maintains a branch: ( a ) *Guarantees.* Guarantee debts, or otherwise agree to make payments on the occurrence of readily ascertainable events including, without limitation, nonpayment of taxes, rentals, customs duties, or costs of transport and loss or nonconformance of shipping documents, if: ( 1 ) The guarantee or agreement specifies a maximum monetary liability; and
( 2 ) To the extent the guarantee or agreement is not subject to a separate amount limit under state or federal law, the amount of the guarantee or agreement is combined with loans and other obligations for purposes of applying any legal lending limits.
( b ) *Government obligations.* Engage in the following types of transactions with respect to the obligations of foreign countries, so long as aggregate investments, securities held in connection with distribution and dealing, and underwriting commitments do not exceed ten percent of the bank's Tier 1 capital: ( 1 ) Underwrite, distribute and deal, invest in, or trade obligations of: ( i ) The national government of the country in which the branch is located or its political subdivisions; and
( ii ) An agency or instrumentality of such national government if supported by the taxing authority, guarantee, or full faith and credit of the national government.
( 2 ) Underwrite, distribute and deal, invest in or trade obligations[1] rated as investment grade of: ( i ) The national government of any foreign country or its political subdivisions, to the extent permissible under the law of the issuing foreign country; and
( ii ) An agency or instrumentality of the national government of any foreign country to the extent permissible under the law of the issuing foreign country, if supported by the taxing authority, guarantee, or full faith and credit of the national government.
( c ) *Local investments.* ( 1 ) Acquire and hold local investments in: ( i ) Equity securities of the central bank, clearinghouses, governmental entities, and government sponsored development banks of the country in which the branch is located;
( ii ) Other debt securities eligible to meet local reserve or similar requirements; and
( iii ) Shares of automated electronic payment networks, professional societies, schools, and similar entities necessary to the business of the branch.
( 2 ) Aggregate local investments (other than those required by the law of the foreign country or permissible under section 5136 of the Revised Statutes (12 U.S.C. 24 (Seventh)) by all the bank's branches in a single foreign country must not exceed 1 percent of the total deposits in all the bank's branches in that country as reported in the preceding year-end Report of Income and Condition (Call Report):[2]
( d ) *Insurance.* Act as an insurance agent or broker.
( e ) *Employee benefits program.* Pay to an employee of a branch, as part of an employee benefits program, a greater rate of interest than that paid to other depositors of the branch.
( f ) *Repurchase agreements.* Engage in repurchase agreements involving securities and commodities that are the functional equivalents of extensions of credit.
( g ) *Other activities.* Engage in other activities, with the prior approval of the FDIC.
( h ) *Approval of other activities.* Activities that are not specifically authorized by this section, but that are authorized by 12 CFR 211.4 or FRB interpretations of activities authorized by that section, may be authorized by specific consent of the FDIC on an individual basis and upon such terms and conditions as the FDIC may consider appropriate. Activities that will be engaged in as principal (defined by reference to section 362.1(b) of this chapter), and that are not authorized by 12 CFR 211.4 or FRB interpretations of activities authorized under that section, must satisfy the requirements of part 362 of this chapter and be approved by the FDIC under this part as well as part 362 of this chapter.
Footnotes -
347.115
[1] If the obligation is an equity interest, it must be held through a subsidiary of the foreign branch and the insured state nonmember bank must meet its minimum capital requirements.
[2] If a branch has recently been acquired by the bank and the branch was not previously required to file a Call Report, branch deposits as of the acquisition date must be used.