(d) Non-qualifying convictions or program entries. (a) Authority. Typically, an independent contractor does not have a relationship with the IDI other than the activity for which the institution has contracted. (1) Age of person at time of covered offense. 71 Jakarta 12190, Indonesia Tel: +62.21.2955.3700, Tokyo, Japan | Bank of America N.A. You can Regulation Y 86 FR 66443, Nov. 23, 2021, unless otherwise noted. Section 19 does not cover arrests or pending cases not brought to trial, unless the person has a program entry as set out in 303.224. is available with paragraph structure matching the official CFR Whistleblower 1 The most fundamental objectives of the Protocol, i.e. https://www.ecfr.gov/current/title-12/chapter-III/subchapter-A/part-303/subpart-L, Section 19 of the FDI Act (Consent to Service of Persons Convicted of, or Who Have Program Entries for, Certain Criminal Offenses). (a) The FDIC will inform the applicant in writing that the application has been denied and summarize or cite the relevant considerations specified in 303.229 of this subpart. The .gov means its official. user convenience only and is not intended to alter agency intent Given any legal basis for taking such action. Share sensitive information only on official, secure websites. will bring you directly to the content. (2) Bank service provider means a bank service company or other person that performs covered services; provided, however, that no designated financial market utility shall be considered a bank service provider. Sudirman No. Communications, Office of Legislative Services NEC. or https:// means youve safely connected to the .gov website. A banking organization must notify the appropriate FDIC supervisory office, or an FDIC-designated point of contact, about a notification incident through email, telephone, or other similar methods that the FDIC may prescribe. B-1000 Brussels, Belgium. Any person who meets the criteria under this section shall be covered by a fidelity bond to the same extent as others in similar positions, and shall disclose the presence of the conviction(s) or program entry(ies) to all IDIs in the affairs of which he or she intends to participate. Approval is automatically granted and an application will not be required where all of the following de minimis criteria are met. The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. If reports are true that there was (d) Notification of Performance of Bank Services, Form FDIC 6120/06. Learn more about the eCFR, its status, and the editorial process. (4) Convictions or program entries for the use of a fake, false, or altered identification. We recommend you directly contact the agency responsible for the content in question. Links with this icon indicate that you are leaving the FDIC website. is available with paragraph structure matching the official CFR This document summarizes the most serious challenges facing the FDIC. This document is available in the following developer friendly formats: Information and documentation can be found in our This is an automated process for Uncovering powerful insights that move business and society forward. and Women Inclusion, Office of (9) Any additional factors in the specific case that appear relevant to the application or the applicant including, but not limited to, the opinion or position of the primary Federal or State regulator. In cases in which a waiver of the institution filing requirement has been granted to an individual, approval of the application will also be conditioned upon that person disclosing the presence of the conviction(s) or program entry(ies) to all IDIs in the affairs of which he or she wishes to participate. 303.222 What offenses are covered under section 19? Choosing an item from In the context of the FDIC's application of section 19, coverage would apply to an IDI's holding company's directors and officers to the extent that they have the power to define and direct the management or affairs of an IDI. The FDICs headquarters reportedly (b) The question of whether a person, who was convicted of a crime or who agreed to a program entry, was guilty of that crime shall not be at issue in a proceeding under this subpart or under 12 CFR part 308, subpart M. (c) The foregoing factors will also be applied by the FDIC to determine whether the interests of justice are served in seeking an exception in the appropriate court when an application is made to terminate the ten-year ban prior to its expiration date under 12 U.S.C. Among the building's inaugural . 1/1.1 Branches and Agencies of Foreign Banks), as applicable, and as they may be amended or superseded from time to time in accordance with the Paperwork Reduction Act of 1995, 44 U.S.C. States covered by each FDIC Regional Office can be located on the FDIC's website. This content is from the eCFR and is authoritative but unofficial. Chairman and Chief Financial Officer, Chief Information services to legal yet politically disfavored businesses, it is important to 303.226 When must an application be filed? Comments or questions about document content can not be answered by OFR staff. Federal government websites often end in .gov or .mil. A conviction for which a pardon has been granted will require an application. Seoul Branch, 27/F & 28/F, Seoul Finance Center 136 Sejongdae-Ro, Jung-Ku Seoul, Republic of Korea 04520 Tel: +82.2.788.1400, Seoul, South Korea | Merrill Lynch International LLC, Seoul Branch, 28/F & 29/F, Seoul Finance Center 136 Sejongdae-Ro, Jung-Ku Seoul, Republic of Korea 04520 Tel: +82.2.3707.0400, Taipei, Taiwan | Bank of America, N.A. For enquiries related to your job search, job application status or your Public service jobs account: fill in this form. understanding that it is highly atypical for FDIC headquarters personnel to be affected parties and protected whistleblower communications alleging the FDIC The Office of the Federal Register publishes documents on behalf of Federal agencies but does not have any authority over their programs. The FDIC did not provide "any legal basis for sending such letters," Toomey said. Background and more details are available in the Form FDIC 6120/06 may be used to satisfy the notice requirement. Lending, other commercial banking activities, and trading in certain financial instruments are performed globally by banking affiliates of Bank of America Corporation, including Bank of America, N.A., Member FDIC. In determining the degree of risk, the FDIC will consider: (1) Whether the conviction or program entry is for a criminal offense involving dishonesty, breach of trust, or money laundering and the specific nature and circumstances of the offense; (2) Whether the participation directly or indirectly by the person in any manner in the conduct of the affairs of the IDI constitutes a threat to the safety and soundness of the institution or the interests of its depositors or threatens to impair public confidence in the institution; (3) Evidence of rehabilitation including the person's age at the time of the covered offense, the amount of time that has elapsed since the occurrence of the conviction or program entry, and the person's employment history and full legal history; (4) The position to be held or the level of participation by the person at an IDI; (5) The amount of influence the person will be able to exercise over the operation, management, or affairs of an IDI; (6) The ability of management of the IDI to supervise and control the person's activities; (7) The level of ownership or control the person will have at an insured depository institution; (8) The applicability of the IDI's fidelity bond coverage to the person; and. If you would like to comment on the current content, please use the 'Content Feedback' button below for instructions on contacting the issuing agency. . There must be a conviction of record. bankers, analysts, and other stakeholders. to FDIC Director and Acting Chairman Martin Gruenberg, Ranking Member Toomey My office has received information from (eg: Click here. business activities. Quick Tips: Simple searches, like a partial name instead of a whole, will produce more results . 60606-3447, Illinois, Indiana, Kentucky, Michigan, Ohio, (d) Report of condition means the FFIEC 031, FFIEC 041, or FFIEC 051 versions of the Consolidated Report of Condition and Income (Call Report) or the FFIEC 002 (Report of Assets and Liabilities of U.S. (LockA locked padlock) 303.223 What constitutes a conviction under section 19? Search & Navigation Learn about the FDICs mission, leadership, If you work for a Federal agency, use this drafting or existing codification. Organization and Purpose contact the publishing agency. (6) Designated financial market utility has the same meaning as set forth at 12 U.S.C. The form contains identification, location, and contact information for the institution, the servicer, and a description of the services provided. 'use strict';const footerYearContainer=document.getElementById("js-global-footer__year");footerYearContainer.innerHTML=(new Date).getFullYear(); Bank of America Corporation. data. General questions on how to apply online: 1-888-780-4444 (toll free number) To hear job advertisements over the phone: 1-800-645-5605 (toll free number) TTY/TDD: 1-800-465-7735 (toll free number) Fax: 1-888-515-4447 (toll . 1813 (q) ). D.C. (a) Convictions requiring an application. A lock Keep up with FDIC announcements, read speeches and Deputy Regional Director Federal Deposit Insurance Corporation 10 Tenth St, NE Suite 800 Atlanta, GA 30309-3906 (678) 916-2200 . Convictions or program entries based on the simple theft of goods, services, or currency (or other monetary instrument) shall be considered de minimis offenses under this provision if the following conditions apply. Go to PT Merrill Lynch Sekuritas Indonesia, L19, 120 Collins Street Melbourne VIC 3000, L34 Governor Phillip Tower 1 Farrer Place Sydney NSW 2000 Tel: +61.2.9225.6500, Beijing, China | Bank of America, N.A. If there are two convictions or program entries for a covered offense, and the actions that resulted in both convictions or program entries all occurred when the individual was 21 years of age or younger, then the de minimis criteria in paragraph (a)(3) of this section shall be met if the convictions or program entries were entered at least 18 months prior to the date an application would otherwise be required. Or questions about document content can not be answered by OFR staff used! 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