Florida Senate - 2012 SB 792 By Senators Gaetz and Rich 4-00649-12 2012792__ 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 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 56 Be It Enacted by the Legislature of the State of Florida: 57 58 Section 1. Financial institutions; transactions relating to 59 Iran or terrorism.— 60 (1) As used in this section, the term: 61 (a) “Correspondent account” has the same meaning as defined 62 in 31 U.S.C. s. 5318A. 63 (b) “Financial institution” has the same meaning as defined 64 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, each 99 financial institution chartered in this state must certify to 100 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.