Page:United States Statutes at Large Volume 105 Part 3.djvu/405

 PUBLIC LAW 102-242—DEC. 19, 1991 105 STAT. 2289 "(B) COURT ORDER.— Any court referred to in subparagraph (A) may issue an order requiring compliance with an order issued under paragraph (1). "(7) CRITERIA RELATING TO FOREIGN SUPERVISION.— Not later than 1 year after the date of enactment of this subsection, the Board, in consultation with the Secretary of the Treasury, shall develop and publish criteria to be used in evaluating the operation of any foreign bank in the United States that the Board has determined is not subject to comprehensive supervision or regulation on a consolidated basis. In developing such criteria, the Board shall allow reasonable opportunity for pubic review and comment. " (f) JUDICIAL REVIEW.— "(1) JURISDICTION OF UNITED STATES COURTS OF APPEALS. —Any foreign bank— "(A) whose application under subsection (d) or section 10(a) has been disapproved by the Board; "(B) against which the Board has issued an order under subsection (e) or section 10(b); or "(C) against which the Comptroller of the Currency has issued an order under section 4(i) of this Act, may obtain a review of such order in the United States court of appeals for any circuit in which such foreign bank operates a branch, agency, or commercial lending company that has been required by such order to terminate its activities, or in the United States Court of Appeals for the District of Columbia Circuit, by filing a petition for review in the court before the end of the 30-day period beginning on the date the order was issued. "(2) SCOPE OF JUDICIAL REVIEW.— Section 706 of title 5, United States Code (other than paragraph (2)(F) of such section) shall apply with respect to any review under paragraph (1). "(g) CONSULTATION WITH STATE BANK SUPERVISOR. —The Board shall request and consider any views of the appropriate State bank supervisor with respect to any application or action under subsection (d) or (e). " (h) LIMITATIONS ON POWERS OF STATE BRANCHES AND AGEN- CIES. — "(1) IN GENERAL. — After the end of the 1-year period beginning on the date of enactment of the Federal Deposit Insurance Corporation Improvement Act of 1991, a State branch or State agency may not engage in any type of activity that is not permissible for a Federal branch unless— "(A) the Board has determined that such activity is consistent with sound banking practice; and "(B) in the case of an insured branch, the Federal Deposit Insurance Corporation has determined that the activity would pose no significant risk to the deposit insurance fund. "(2) SINGLE BORROWER LENDING LIMIT. —A State branch or State agency shall be subject to the same limitations with respect to loans made to a single borrower as are applicable to a Federal branch or Federal agency under section 4(b). "(3) OTHER AUTHORITY NOT AFFECTED. —This section does not limit the authority of the Board or any State supervisory authority to impose more stringent restrictions.".

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