BILL ANALYSIS Ó AB 978 Page 1 CORRECTED : 05/17/2013 Changes per consultant. ASSEMBLY THIRD READING AB 978 (Blumenfield) As Amended April 25, 2013 Majority vote ECONOMIC DEVELOPMENT 8-0 BANKING & FINANCE 11-0 ----------------------------------------------------------------- |Ayes:|Medina, Mansoor, Daly, |Ayes:|Dickinson, Morrell, | | |Fong, Fox, Melendez, V. | |Achadjian, Blumenfield, | | |Manuel Pérez, Brown | |Bonta, Chau, Gatto, | | | | |Linder, Perea, Torres, | | | | |Weber | ----------------------------------------------------------------- APPROPRIATIONS 16-1 ----------------------------------------------------------------- |Ayes:|Gatto, Harkey, Bigelow, | | | | |Bocanegra, Bradford, Ian | | | | |Calderon, Campos, Eggman, | | | | |Gomez, Hall, Ammiano, | | | | |Linder, Pan, Quirk, | | | | |Wagner, Weber | | | | | | | | |-----+--------------------------+-----+--------------------------| |Nays:|Donnelly | | | | | | | | ----------------------------------------------------------------- SUMMARY : Requires the Commissioner of Financial Institutions (CFI) to ensure that state licensed financial institutions that maintain a correspondence account or a payable-through account with a foreign institution demonstrate compliance during certain examinations with the federal Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (Iran Sanctions Act) and related federal regulations and presidential executive orders, as specified. In the case of violations, the CFI is authorized to bring state action and is required to forward evidence to the U.S. Treasury. The terms of the bill are inoperative should Iran be removed from the U.S. Department of State's list of counties that support acts of international terrorism or the U.S. President certifies that Iran has ceased its efforts relative to nuclear explosive devices of AB 978 Page 2 related technologies, as specified. EXISTING FEDERAL LAW , the Iran Sanctions Act, requires the U.S. Department of the Treasury to prohibit, or impose strict conditions on, the opening or maintaining in the U.S. of a correspondent account or a payable-through account for a foreign financial institution which the U.S. Department of the Treasury finds knowingly facilitates the efforts of the government of Iran to acquire or develop weapons of mass destruction, or provide support for organizations designated as foreign terrorist organizations. This includes the efforts of the Central Bank of Iran or any other Iranian financial institution, Iran's Islamic Revolutionary Guard Corps, and other individuals or third parties. In enforcement of this law against U.S. persons (including corporations), the law requires that the person accused knew or should have known that they were violating the act. EXISTING STATE LAW defines a licensee to mean any bank, savings association, credit union, transmitter of money abroad, issuer of payment instruments, issuer of traveler's checks, insurance premium finance agency, and business and industrial development corporation that is authorized by the commissioner to conduct business in this state. FISCAL EFFECT : According to the Assembly Appropriations Committee, implementation of this bill would result in minor and absorbable costs to the Department of Financial Institutions. COMMENTS : This bill directs the CFI to ensure licensees have established appropriate policies and are undertaking practices that prevent the maintenance and opening of correspondent accounts and payable-through accounts with foreign financial institutions that illegally assist Iranian institutions. As increasingly sophisticated techniques are used by Iran to subvert economic sanctions, this bill would use the existing licensee examination process to address this matter of international concern. In making the case for higher scrutiny, the author states that subversion of U.S financial sanctions by Iran is a recognizable threat to national and international security. This analysis provides a brief summary on the scope of economic sanctions imposed on Iran and their enforcement procedures, and details on techniques used by foreign financial institutions to subvert financial sanctions. Additional background was provided in the policy AB 978 Page 3 analyses for the Assembly Jobs, Economic Development, and the Economy Committee and the Assembly Banking and Finance Committee. Background: In June of 2010, the United Nations Security Council adopted Resolution 1929, the fourth in a series of resolutions imposing sanctions on Iran for nuclear activities. Among its measures, Resolution 1929 calls on nations to prevent any financial service and to freeze any asset that could contribute to Iran's nuclear activities. More specifically, nations are called upon to prohibit new banking relationships with Iran, including correspondent banking relationships, if there is a suspected link to proliferation. Since the adoption and implementation of the recommendations in Resolution 1929 by the European Union, U.S., Canada, Japan, South Korea, and others, Iran's access to the international financial system has been significantly limited. One month following the approval of Resolution 1929, President Barack Obama signed the Iran Sanctions Act (July 2010), which further strengthened U.S. sanctions against Iran by specifically targeting its energy and financial industries. The Sanctions Act is applicable to all banks that operate within the U.S., including foreign financial institutions that operate branches within the U.S. The Sanctions Act also applies to money service businesses, trust companies, insurance companies, securities brokers and dealers, commodities exchanges, clearing corporations, investment companies, employee benefit plans, and U.S. holding companies, U.S. affiliates, or U.S. subsidiaries of any of these entities. Under the Iran Sanctions Act, imports of goods and services of Iranian origin into the U.S. (either directly or through a third country) are generally prohibited, with limited exceptions for personal items. Exports from the U.S. of goods, technologies, or services (either directly or indirectly) to Iran are also generally prohibited, unless licensed by the Office of Foreign Assets Control (OFAC). Exceptions are made for articles intended to relieve human suffering, such as clothing, food, and medical supplies. U.S. persons are also prohibited from facilitating any transactions with the intent of subverting the Sanctions Act. Financial transactions between U.S. and Iranian financial institutions are also generally prohibited. In some cases, fund transfers through third-country banks are permitted for several types of underlying instances, including: noncommercial family remittances, travel-related remittances, and transactions authorized AB 978 Page 4 by OFAC. U.S. persons are prohibited from engaging in any transactions with banks OFAC has identified for their involvement in the financing of either weapons of mass destruction or terrorism. While targeted and coordinated efforts among nations have severely limited legal access to the international financial system, Iranian financial institutions continue to gain illegal access to U.S. financial institutions. OFAC has identified several evasive practices including the use of third-country exchange houses and trading companies, the use of correspondent accounts, and payable-through accounts. Any foreign financial institution found to be in non-compliance with the Iran Sanctions Act is added to the OFAC Foreign Financial Institutions Subject to Part 561, which severely prohibits their ability to engage in financial transactions with U.S. financial institutions. Federal laws also prescribes domestic penalties for any person that violates, attempts to violate, conspires to violate, or causes a violation of the Sanctions Act may be subject to both civil and criminal penalties. a)Civil Penalty: A civil penalty may be imposed that is not to exceed the greater of $250,000 or an amount that is twice the amount of the transaction that is the basis of the violation; and b)Criminal Penalty: A person that willfully commits, willfully attempts to commit, or willfully conspires to commit, or aids or abets in the commission of a violation shall, upon conviction, be fined no more than $1 million, or if a natural person, may be imprisoned for not more than 20 years, or both. In addition to fines and actions under the Iran Sanctions Act, the Assembly Banking and Finance Committee's Analysis provided information on how the U.S. Treasury applied more general laws to inhibit Iran's access to U.S. financial markets. In December 2009, U.S. Treasury announced that Credit Suisse would pay a $536 million settlement for illicitly processing Iranian transactions with U.S. banks. And, in June 2012, Dutch bank ING agreed to pay a $619 million penalty for moving billions of dollars through the U.S. financial system, using falsified records, on behalf of Iranian and Cuban clients. Individual states have also been active. In the August 2012 case of Standard Chartered, the company agreed to pay a $340 million AB 978 Page 5 settlement with New York State regulators for allegedly processing transactions with Iran in contravention of U.S. regulations. The settlement was the largest fine ever collected by a single U.S. regulator in a money-laundering case. The bank is alleged to have schemed for over a decade to hide over 60,000 transactions totaling more than $250 billion for Iranian clients. For example, Standard Chartered was accused of failing to maintain accurate books and records, obstructing the regulatory investigation, failing to report crimes and misconduct, falsifying books and reports, filing false instruments, falsifying business records, and engaging in unauthorized Iranian transactions in violation of federal law California law authorizes penalties for licensees including up to $1,000 a day, provided that the aggregate penalty of all offenses in any one action against any licensee or subsidiary of a licensee shall not exceed $50,000. Higher penalties may be applied if a licensee or subsidiary of the licensee that has been found to have recklessly ($5,000 per day not to exceed $75,000) or knowingly ($10,000 per day not to exceed the value of 1% of total licensee assets) violated a law, order, condition, or written agreement, as specified. State law also authorizes the CFI to pursue other administrative actions, as well as court actions in order to enforce specified laws. Analysis Prepared by : Toni Symonds and Zachary Hutsell / J., E.D. & E. / (916) 319-2090 FN: 0000467