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