HB 613

1
A bill to be entitled
2An act relating to financial institutions; providing
3definitions; requiring a financial institution that is
4chartered in this state and that maintains certain
5accounts with a foreign financial institution to
6establish due diligence policies, procedures, and
7controls reasonably designed to detect whether the
8foreign financial institution engages in certain
9activities facilitating the development of weapons of
10mass destruction by the Government of Iran, provides
11support for certain foreign terrorist organizations,
12or participates in other related activities; requiring
13the Office of Financial Regulation to adopt rules
14establishing minimum standards for the due diligence
15policies, procedures, and controls; requiring a
16financial institution chartered in this state to
17annually file a compliance certificate with the Office
18of Financial Regulation; requiring the Office of
19Financial Regulation to submit an annual report
20relating to its rules and certifications from
21financial institutions to the Governor, the President
22of the Senate, and the Speaker of the House of
23Representatives; requiring the Office of the Chief
24Financial Officer to make the annual report available
25to the public on its website; authorizing the Office
26of Financial Regulation to impose a civil penalty
27against a financial institution that fails to make the
28annual certification required by the act; providing an
29effective date.
30
31     WHEREAS, the United States Congress passed, and President
32Obama signed into law, the Comprehensive Iran Sanctions,
33Accountability, and Divestment Act of 2010, and
34     WHEREAS, the Comprehensive Iran Sanctions, Accountability,
35and Divestment Act of 2010 prohibits or strictly limits any
36foreign financial institution's ability to open or maintain a
37correspondent account or a payable-through account with American
38financial institutions if the United States Secretary of the
39Treasury determines that the foreign financial institution
40knowingly engages in certain activities facilitating the
41development of weapons of mass destruction by the Government of
42Iran, provides support for certain foreign terrorist
43organizations, or participates in other related activities, and
44     WHEREAS, the Comprehensive Iran Sanctions, Accountability,
45and Divestment Act of 2010 imposes civil and criminal penalties
46against financial institutions based in the United States which
47know or should know that they are maintaining a correspondent
48account or a payable-through account with a foreign financial
49institution that engages in prohibited activities, and
50     WHEREAS, it is a sensible fiduciary responsibility of
51financial institutions chartered in the State of Florida to know
52the activities of foreign financial institutions with which they
53maintain correspondent or payable-through accounts, NOW,
54THEREFORE,
55
56Be It Enacted by the Legislature of the State of Florida:
57
58     Section 1.  Financial institutions; transactions relating
59to Iran or terrorism.-
60     (1)  As used in this section, the term:
61     (a)  "Correspondent account" has the same meaning as
62defined in 31 U.S.C. s. 5318A.
63     (b)  "Financial institution" has the same meaning as
64defined in s. 655.005(1)(i), Florida Statutes.
65     (c)  "Payable-through account" has the same meaning as
66defined in 31 U.S.C. s. 5318A.
67     (2)  A financial institution chartered in this state which
68maintains a correspondent account or a payable-through account
69with a foreign financial institution must establish due
70diligence policies, procedures, and controls reasonably designed
71to detect whether the United States Secretary of the Treasury
72has found that the foreign financial institution knowingly:
73     (a)  Facilitates the efforts of the Government of Iran,
74including efforts of Iran's Revolutionary Guard Corps, to
75acquire or develop weapons of mass destruction or their delivery
76systems;
77     (b)  Provides support for an organization designated by the
78United States as a foreign terrorist organization;
79     (c)  Facilitates the activities of a person who is subject
80to financial sanctions pursuant to a resolution of the United
81Nations Security Council imposing sanctions on Iran;
82     (d)  Engages in money laundering to carry out any activity
83listed in this subsection;
84     (e)  Facilitates efforts by the Central Bank of Iran or any
85other Iranian financial institution to carry out an activity
86listed in this subsection; or
87     (f)  Facilitates a significant transaction or provides
88significant financial services for Iran's Revolutionary Guard
89Corps or its agents or affiliates, or any financial institution,
90whose property or interests in property are blocked pursuant to
91federal law in connection with Iran's proliferation of weapons
92of mass destruction, or delivery systems for those weapons, or
93Iran's support for international terrorism.
94     (3)  By July 1, 2012, the Office of Financial Regulation
95shall adopt rules establishing minimum standards for due
96diligence policies, procedures, and controls required by this
97section.
98     (4)  By January 1, 2013, and each January 1 thereafter,
99each financial institution chartered in this state must certify
100to the Office of Financial Regulation that the financial
101institution has adopted and substantially complies with its due
102diligence policies, procedures, and controls required by this
103section and the rules of the Office of Financial Regulation, and
104that to the best knowledge of the financial institution, the
105financial institution does not maintain a correspondent account
106or a payable-through account with a foreign financial
107institution that knowingly engages in any act described in
108subsection (2).
109     (5)  By January 31, 2013, and each January 31 thereafter,
110the Office of Financial Regulation must submit a report to the
111Governor, the President of the Senate, and the Speaker of the
112House of Representatives which contains a copy of the rules
113required under subsection (2) and the status of the
114certifications of compliance received from the financial
115institutions charted in this state.
116     (6)  The Office of the Chief Financial Officer shall make
117its annual compliance report under this section available on its
118website.
119     (7)  The Office of Financial Regulation may impose a civil
120penalty, not to exceed $100,000 per occurrence, against a
121financial institution that fails to make the annual
122certification required under subsection (4).
123     Section 2.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.