US Regulation of Foreign Banks and the Financial Services Sector

The ability of foreign banks to market their services by establishing a physical presence in US markets to a great extent depends upon US legislative enactments, regulatory actions, and judicial interpretations, all of which have been subject to significant change since the late 1980s. Examines recent changes in the US regulatory structure that will have an impact on the operations and marketing strategy of agencies, branches and subsidiaries of foreign banks in US markets. The major focus is on PL 102‐242 which was signed into law in December 1991, regulatory changes designed to implement G‐10 risk‐based capital adequacy guidelines, and other regulatory efforts to impose prudential bank management policies on the US financial services sector. In general, the thrust of the legislative‐regulatory changes will be to increase the sensitivity of banks to the risk associated with their activities. This, in turn, will require a modified marketing strategy to accommodate changes in profit opportunities and in bank customers.