Page:United States Statutes at Large Volume 104 Part 6.djvu/491

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PUBLIC LAW 101-647—NOV. 29, 1990 104 STAT. 4881 U.S.C. 1821) is amended by inserting after subsection (q) (as added by section 2527 of this Act) the following new subsection: "(r) FOREIGN INVESTIGATIONS,—The Corporation and the Resolution Trust Corporation, as conservator or receiver of any insured depository institution and for purposes of carrying out any power, authority, or duty with respect to an insured depository institution— "(1) may request the assistance of any foreign banking authority and provide assistance to any foreign banking authority in accordance with section 8(v); and "(2) may each maintain an office to coordinate foreign investigations or investigations on behalf of foreign banking authorities.", (c) NATIONAL CREDIT UNION ADMINISTRATION, GENERALLY. — Section 206 of the Federal Credit Union Act (12 U.S.C. 1786) is amended by inserting after subsection (t) (as added by section 2503(b) of this Act) the following new subsection: " (u) FOREIGN INVESTIGATIONS. — " (1) REQUESTING ASSISTANCE FROM FOREIGN BANKING AUTHORI- TIES.—In conducting any investigation, examination, or enforcement action under this Act, the Board may— "(A) request the assistance of any foreign banking authority; and "(B) maintain an office outside the United States. " (2) PROVIDING ASSISTANCE TO FOREIGN BANKING AUTHORI- TIES. — "(A) IN GENERAL.—The Board may, at the request of any foreign banking authority, assist such authority if such authority states that the requesting authority is conducting an investigation to determine whether any person has violated, is violating, or is about to violate any law or regulation relating to banking matters or currency transactions administered or enforced by the requesting authority. "(B) INVESTIGATION BY FEDERAL BANKING AGENCY. —The Board may, in the Board's discretion, investigate and collect information and evidence pertinent to a request for assistance under subparagraph (A). Any such investigation shall comply with the laws of the United States and the policies and procedures of the Board. "(C) FACTORS TO CONSIDER. —In deciding whether to provide assistance under this paragraph, the Board shall consider— "(i) whether the requesting authority has agreed to provide reciprocal assistance with respect to banking matters within the jurisdiction of the Board or any appropriate Federal banking agency; and "(ii) whether compliance with the request would prejudice the public interest of the United States. " (D) TREATMENT OF FOREIGN BANKING AUTHORITY. —For purposes of any Federal law or Board regulation relating to ' the collection or transfer of information by the Board or any appropriate Federal banking agency, the foreign banking authority shall be treated as another appropriate Federal banking agency. "(3) RULE OF CONSTRUCTION.— Paragraphs (1) and (2) shall not be construed to limit the authority of the Board or any other