Title 12Banks and BankingRelease 119-73not60

§3904 Reserves

Title 12 › Chapter 40— INTERNATIONAL LENDING SUPERVISION › § 3904

Last updated Apr 3, 2026|Official source

Summary

Federal banking regulators must make banks set up special reserves when foreign borrowers can’t pay their debts for a long time. Signs include missed interest payments, failing to follow restructured loan terms, or a country not following an IMF or other adjustment plan. Regulators can also require reserves when there is no clear chance that normal debt payments will be restored. Those reserves must come from current income and cannot be counted as capital, surplus, or as regular loan-loss allowances for regulatory or disclosure purposes. Regulators must review foreign loan rescheduling talks, judge the loss risk, and use the powers in section 3907 to make sure banks have enough capital and reserves for possible foreign loan losses. They had to issue rules or orders to do this within 120 days after November 30, 1983.

Full Legal Text

Title 12, §3904

Banks and Banking — Source: USLM XML via OLRC

(a)(1)Each appropriate Federal banking agency shall require a banking institution to establish and maintain a special reserve whenever, in the judgment of such appropriate Federal banking agency—
(A)the quality of such banking institution’s assets has been impaired by a protracted inability of public or private borrowers in a foreign country to make payments on their external indebtedness as indicated by such factors, among others, as—
(i)a failure by such public or private borrowers to make full interest payments on external indebtedness;
(ii)a failure to comply with the terms of any restructured indebtedness; or
(iii)a failure by the foreign country to comply with any International Monetary Fund or other suitable adjustment program; or
(B)no definite prospects exist for the orderly restoration of debt service.
(2)Such reserves shall be charged against current income and shall not be considered as part of capital and surplus or allowances for possible loan losses for regulatory, supervisory, or disclosure purposes.
(b)The appropriate Federal banking agencies shall analyze the results of foreign loan rescheduling negotiations, assess the loan loss risk reflected in rescheduling agreements, and, using the powers set forth in section 3907 of this title (regarding capital adequacy), ensure that the capital and reserve positions of United States banks are adequate to accommodate potential losses on their foreign loans.
(c)The appropriate Federal banking agencies shall promulgate regulations or orders necessary to implement this section within one hundred and twenty days after November 30, 1983.

Reference

Citations & Metadata

Citation

12 U.S.C. § 3904

Title 12Banks and Banking

Last Updated

Apr 3, 2026

Release point: 119-73not60