Senate Bill 2222

AN ACT TO REQUIRE THE COMMISSIONER OF BANKING AND CONSUMER FINANCE TO ADOPT RULES ESTABLISHING MINIMUM STANDARDS FOR DUE DILIGENCE POLICIES, PROCEDURES AND CONTROLS REASONABLY DESIGNED TO DETECT TRANSACTIONS RELATING TO IRAN OR TERRORISM; TO REQUIRE EACH FINANCIAL INSTITUTION CHARTERED IN THIS STATE TO CERTIFY THAT IT HAS ADOPTED AND SUBSTANTIALLY COMPLIES WITH THE DUE DILIGENCE POLICIES, PROCEDURES AND CONTROLS; TO PROVIDE AN ADMINISTRATIVE FINE AGAINST A FINANCIAL INSTITUTION THAT FAILS TO MAKE THE ANNUAL CERTIFICATION REQUIRED UNDER THIS ACT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) As used in this act, the term:

(a) "Correspondent account" has the same meaning as defined in 31 USC 5318A.

(b) "Financial institution" has the same meaning as defined in Section 91-20-3.

(2) A financial institution chartered in this state which maintains a correspondent account or a payable-through account with a foreign financial institution must establish due diligence policies, procedures and controls reasonably designed to detect whether the United States Secretary of the Treasury has found that the foreign financial institution knowingly:

(a) Facilitates the efforts of the Government of Iran, including efforts of Iran's Revolutionary Guard Corps, to acquire or develop weapons of mass destruction or their delivery systems;

(b) Provides support for an organization designated by the United States as a foreign terrorist organization;

(c) Facilitates the activities of a person who is subject to financial sanctions pursuant to a resolution of the United Nations Security Council imposing sanctions on Iran;

(d) Engages in money laundering to carry out any activity listed in this subsection (2);

(e) Facilitates efforts by the Central Bank of Iran or any other Iranian financial institution to carry out an activity listed in this subsection (2); or

(f) Facilitates a significant transaction or provides significant financial services for Iran's Revolutionary Guard Corps or its agents or affiliates, or any financial institution, whose property or interests in property are blocked pursuant to federal law in connection with Iran's proliferation of weapons of mass destruction, or delivery systems for those weapons, or Iran's support for international terrorism.

(3) By July 1, 2013, the Commissioner of Banking and Consumer Finance shall adopt rules establishing minimum standards for due diligence policies, procedures and controls required by this act.

(4) By January 1, 2014, and each January 1 thereafter, each financial institution chartered in this state must certify to the Department of Banking and Consumer Finance that the financial institution has adopted and substantially complies with the due diligence policies, procedures and controls required by this section and the rules adopted under this act, and that to the best knowledge of the financial institution, the financial institution does not maintain a correspondent account or a payable-through account with a foreign financial institution that knowingly engages in any act described in subsection (2) of this act.

(5) By January 31, 2014, and each January 31 thereafter, the Department of Banking and Consumer Finance must submit a report to the Governor, the Lieutenant Governor and the Speaker of the House of Representatives which contains a copy of the rules required under subsection (3) of this act and the status of the certifications of compliance received from the financial institutions chartered in this state.

(6) The Department of Banking and Consumer Finance shall make its annual compliance report under this act available on its website.

(7) The department may impose an administrative fine, not to exceed One Hundred Thousand Dollars ($100,000.00) per occurrence, against a financial institution that fails to make the annual certification required under subsection (4) of this act.

SECTION 2. This act shall take effect and be in force from and after July 1, 2013.