[Code of Federal Regulations]
[Title 12, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 12CFR211.42]

[Page 385]
 
                       TITLE 12--BANKS AND BANKING
 
                   CHAPTER II--FEDERAL RESERVE SYSTEM
 
PART 211--INTERNATIONAL BANKING OPERATIONS (REGULATION K)--Table of Contents
 
              Subpart D--International Lending Supervision
 
Sec. 211.42  Definitions.

    For the purposes of this subpart:
    (a) Banking institution means a State member bank; bank holding 
company; Edge Corporation and Agreement Corporation engaged in banking. 
Banking institution does not include a foreign banking organization as 
defined in Sec. 211.21(n).
    (b) Federal banking agencies means the Board of Governors of the 
Federal Reserve System, the Comptroller of the Currency, and the Federal 
Deposit Insurance Corporation.
    (c) International assets means those assets required to be included 
in banking institutions' Country Exposure Report forms (FFIEC No. 009).
    (d) International loan means a loan as defined in the instructions 
to the Report of Condition and Income for the respective banking 
institution (FFIEC Nos. 031, 032, 033 and 034) and made to a foreign 
government, or to an individual, a corporation, or other entity not a 
citizen of, resident in, or organized or incorporated in the United 
States.
    (e) International syndicated loan means a loan characterized by the 
formation of a group of managing banking institutions and, in the usual 
case, assumption by them of underwriting commitments and participation 
in the loan by other banking institutions.
    (f) Loan agreement means the documents signed by all of the parties 
to a loan, containing the amount, terms and conditions of the loan, and 
the interest and fees to be paid by the borrower.
    (g) Restructed international loan means a loan that meets the 
following criteria:
    (1) The borrower is unable to service the existing loan according to 
its terms and is a resident of a foreign country in which there is a 
generalized inability of public and private sector obligors to meet 
their external debt obligations on a timely basis because of a lack of, 
or restraints on the availability of, needed foreign exchange in the 
country; and
    (2) The terms of the existing loan are amended to reduce stated 
interest or extend the schedule of payments; or
    (3) A new loan is made to, or for the benefit or, the borrower, 
enabling the borrower to service or refinance the existing debt.
    (h) Transfer risk means the possibility that an asset cannot be 
serviced in the currency of payment because of a lack of, or restraints 
on the availability of, needed foreign exchange in the country of the 
obligor.

[49 FR 5592, Feb. 13, 1984, as amended at 49 FR 12197, Mar. 29, 1984; 58 
FR 46076, Sept. 1, 1993]