Page:United States Statutes at Large Volume 97.djvu/1312

 97 STAT. 1280 PUBLIC LAW 98-181—NOV. 30, 1983 (B) The requirement of paragraph (1) shall take effect on the date of the enactment of this section. Regulations. (b)(1) Subject to subsection (a), the appropriate Federal banking agencies shall promulgate regulations for accounting for agency, commitment, management and other fees charged by a banking institution in connection with an international loan. (2) Such regulations shall establish the accounting treatment of such fees for regulatory, supervisory, and disclosure purposes to assure that the appropriate portion of such fees is accrued in income over the effective life of each such loan. (3) The appropriate Federal banking agencies shall promulgate regulations or orders necessary to implement this subsection within one hundred and twenty days after the date of the enactment of this title. COLLECTION AND DISCLOSURE OF CERTAIN INTERNATIONAL LENDING DATA 12 USC 3906. SEC 907. (a) Each appropriate Federal banking agency shall require, by regulation, each banking institution with foreign coun- try exposure to submit, no fewer than four times each calendar year, information regarding such exposure in a format prescribed by such regulations. (b) Each appropriate Federal banking Eigency shall require, by regulation, banking institutions to disclose to the public information regarding material foreign country exposure in relation to assets and to capital. Regulations. (c) The appropriate Federal banking agencies shall promulgate regulations or orders necessary to implement this section within one hundred and twenty days after the date of the enactment of this title. 12 USC 3907. Failure to main- tain minimum level. 12 USC 1818. Directive. CAPITAL ADEQUACY SEC. 908. (a)(l) Each appropriate Federal banking agency shall cause banking institutions to achieve and maintain adequate capital by establishing minimum levels of capital for such banking institu- tions and by using such other methods as the appropriate Federal bsmking agency deems appropriate. (2) Each appropriate Federal banking agency shall have the au- thority to establish such minimum level of capital for a banking institution as the appropriate Federal banking agency, in its discre- tion, deems to be necessary or appropriate in light of the particular circumstances of the banking institution. (b)(1) Failure of a banking institution to maintain capital at or above its minimum level as established pursuant to subsection (a) may be deemed by the appropriate Federal banking agency, in its discretion, to constitute an unsafe and unsound practice within the meaning of section 8 of the Federal Deposit Insurance Act. (2)(A) In addition to, or in lieu of, any other action authorized by law, including paragraph (1), the appropriate Federal beinking agency may issue a directive to a banking institution that fails to maintain captial at or above its required level as established pursu- ant to subsection (a). (B)(i) Such directive may require the banking institution to submit and adhere to a plan acceptable to the appropriate Federal banking

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