9
c. Identifying and obtaining additional information on customers of non-
U.S. financial institutions that open interbank, “payable-through accounts”
11
for their customers
at U.S. financial institutions;
d. Identifying and obtaining the same type of information on customers of
non-U.S. financial institutions that open interbank, “correspondent accounts”
12
for their
customers at U.S. financial institutions; and
e. After consultation with appropriate U.S. regulators, the Secretary of the
Treasury may prohibit, or impose conditions on, the opening of a correspondent account or a
payable-through account by a domestic financial institution for a non-U.S. financial institution.
13
There are some procedural restrictions on how the Treasury Department must
proceed in invoking these special measures. For the first four measures listed above (a.-d.), the
Secretary can impose them by means of an order, which can remain in effect for 120 days and
must be accompanied by a notice of rulemaking.
14
These special measures cannot remain in
effect for more than 120 days, unless a regulation implementing them is issued on or before the
end of the 120-day period.
15
The fifth special measure (e.) can only be imposed by means of a
formal rulemaking, which involves notice and a comment period.
16
11
“Account” is defined as a formal banking or business relationship established to provide
regular services, dealings, and other financial transactions and includes a demand deposit,
savings deposit, or other transaction or asset account and a credit account or other extension of
credit. Id., § 311, 31 U.S.C. § 5318A(e)(1). “Payable-through account” is defined as an account,
including a transaction account, opened at a depository institution by a foreign financial
institution by means of which the foreign financial institution permits its customers to engage,
either directly or through a subaccount, in banking activities usual in connection with the
business of banking in the United States. Id
.
12
“Correspondent account” is defined as an account established to receive deposits from, make
payments on behalf of a foreign financial institution, or handle other financial transactions
related to such institution. Id.
13
Id., § 311, 31 U.S.C. § 5318A(b).
14
Id., § 311, 31 U.S.C. § 5318A(a).
15
Id.
16
Id.