U.S. Code » Title 12 » Chapter CHAPTER 32— FOREIGN BANK PARTICIPATION IN DOMESTIC MARKETS

12 U.S.C. § 3106a

Compliance with State and Federal laws

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(1) Every branch or agency of a foreign bank and every commercial lending company controlled by one or more foreign banks or by one or more foreign companies that control a foreign bank shall conduct its operations in the United States in full compliance with provisions of any law of the United States or any State thereof which—(A) impose requirements that protect the rights of consumers in financial transactions, to the extent that the branch, agency, or commercial lending company engages in activities that are subject to such laws;(B) prohibit discrimination against any individual or other person on the basis of the race, color, religion, sex, marital status, age, or national origin of (i) such individual or other person or (ii) any officer, director, employee, or creditor of, or any owner of any interest in, such individual or other person; and(C) apply to national banks or State-chartered banks doing business in the State in which such branch or agency or commercial lending company, as the case may be, is doing business.(2) No application for a branch or agency shall be approved by the Comptroller or by a State bank supervisory authority, as the case may be, unless the entity making the application has agreed to conduct all of its operations in the United States in full compliance with provisions of any law of the United States or any State thereof which—(A) impose requirements that protect the rights of consumers in financial transactions, to the extent that the branch, agency, or commercial lending company engages in activities that are subject to such laws;(B) prohibit discrimination against individuals or other persons on the basis of the race, color, religion, sex, marital status, age, or national origin of (i) such individual or other person or (ii) any officer, director, employee, or creditor of, or any owner of any interest in, such individual or other person; and(C) apply to national banks or State-chartered banks doing business in the State in which the entity to be established is to do business.(Pub. L. 95–369, § 9(b), as added Pub. L. 95–630, title III, § 311, Nov. 10, 1978, 92 Stat. 3678; amended Pub. L. 103–328, title I, § 107(c), Sept. 29, 1994, 108 Stat. 2360.)Editorial NotesAmendments

1994—Par. (1). Pub. L. 103–328, § 107(c)(1), added subpar. (A) and redesignated former subpars. (A) and (B) as (B) and (C), respectively.

Par. (2). Pub. L. 103–328, § 107(c)(2), added subpar. (A) and redesignated former subpars. (A) and (B) as (B) and (C), respectively.

Statutory Notes and Related SubsidiariesEffective Date

Section effective upon the expiration of 120 days after Nov. 10, 1978, see section 2101 of Pub. L. 95–630, set out as a note under section 375b of this title.

Notes of Decisions
Cited in 6 cases, 1981–2020 · leading case: Bostock v. Clayton Cnty., 140 S. Ct. 1731 (2020).
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Bostock v. Clayton Cnty., 140 S. Ct. 1731 (2020). · cites it 2× “§3015 (a)(4) (National Consumer Co- operative Bank; Eligibility of Cooperatives)  12 U. S. C. §§3106a(1)(B) and (2)(B) (Foreign Bank Participation in Domestic Markets)  12 U.”
Syed Hassan v. City of New York, 804 F.3d 277 (3rd Cir. 2015). “§ 1311 (a) (employment); 12 U.S.C. § 3106a(1)(B), (2)(B) (banking); 12 U.”
Am Trust v. Ubs Ag, 78 F. Supp. 3d 977 (N.D. Cal. 2015). · cites it 2× “§ 3106a, UBS became a “domesticated federal and/or state bank” by virtue of being regulated by the Federal Reserve, the Office of the Comptroller of the Currency, and the state banking regulator. AM Trust also contends that the court has specific jurisdiction in California.”
United States v. Myung S. Koh, 199 F.3d 632 (2d Cir. 1999). “§ 3106 (a), and the federal antidiscrimi-nation laws, see 12 U.S.C. § 3106a. Therefore, although it differentiates between state and federal branches of foreign banks, see, e.”
R. W. Sawant & Co. v. Ben Kozloff, Inc., 507 F. Supp. 614 (N.D. Ill. 1981). · cites it 2× “First, plaintiff contends that under section 9(b) of the International Banking Act of 1978, 12 U.S.C. § 3106a, foreign banks doing business in the United States, such as Standard, must be treated in the same way as domestic banks and, therefore, that Standard should not be…”
Greenbaum v. Handlesbanken, 26 F. Supp. 2d 649 (S.D.N.Y. 1998). “See 12 U.S.C. § 3106a(2)(A). Thus, this Court finds the general principle applicable that a branch bank is not a separate legal entity from its foreign parent, and in the same way that an unincorporated division of a corporation cannot be sued or indicted, see BCCI (Luxembourg),…”
— 12 U.S.C. § 3106a(1)(B) — 2 cases
Bostock v. Clayton Cnty., 140 S. Ct. 1731 (2020). “§3015 (a)(4) (National Consumer Co- operative Bank; Eligibility of Cooperatives)  12 U. S. C. §§3106a(1)(B) and (2)(B) (Foreign Bank Participation in Domestic Markets)  12 U.”
Syed Hassan v. City of New York, 804 F.3d 277 (3rd Cir. 2015). “§ 1311 (a) (employment); 12 U.S.C. § 3106a(1)(B), (2)(B) (banking); 12 U.”
— 12 U.S.C. § 3106a(2)(A) — 1 case
Greenbaum v. Handlesbanken, 26 F. Supp. 2d 649 (S.D.N.Y. 1998). “See 12 U.S.C. § 3106a(2)(A). Thus, this Court finds the general principle applicable that a branch bank is not a separate legal entity from its foreign parent, and in the same way that an unincorporated division of a corporation cannot be sued or indicted, see BCCI (Luxembourg),…”
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