New Yo& NY


WHEXEAS. in mgnitioa oftheir common goals to e n m complirmce with

applicable fidrrnl and state laws, rules, and regulations by all ofthe U.S. o m m p k softhc !We
Bank of W i M~rnbai,ndia (the " m t effectively manage the bnancial, operational, I B and o ,
Icpl. r r p d o d , and compliance risks ofthe US.operations ofthc Bank, the Board of

governor^ of the Federal Reserve Syswm ( e h “Board of Governors”), the Federal Deposit

Insurance Corporation (the “FDIC”), the New Y r State Banking Department (the “New and ok

York Dcp-”)

(collaclively the USU~CMSOK”), the Bank,its Broadway Bmch i New n

YO& New York, its Park Avenue Branch in New Yo& New Yo&, its Flushing B m c h in
Flushin&New Yo& (the Broadway,Pa& Avenue, and Flushing, New Y r Branches, ok
CoUectively the “New Yo& Branches”), and the Bank‘s Chicago Branch m Chicago,Iuinois (the

“Chi~ago ranch’’) (each a “Branoh” aud, collectively,the “Branches”), and the Bank’s Los B

Angeles Agency (the “Agcncy”)(colleotivcly the Bank,thc Branches, and the Agency an
r e f e d to IS YSBI-US”) have m d y ogmd to the isslliince of this combined order to Cease and Wr and order of Asseument of a Civil M n y Penalty and M o m Payment lssutd it oe

Upon Consent (the “Order“);

WHEREAS, IInumber of de6ciencies nnd violations of law have been identified in the

Bank‘s U.S. optrstionS,and SBI-UShas acknowledgedthe need for immediate cornc~w d o n a and intends to take the steps necessary (1) to enhance and impmvc the US.opaations’
management ovenight, internal controls, audit standards, and customerdue diligence pmtices, and to enhance and improve policies and proccduns for compliance wt the Cumnoy and ih

Foreign TransaOtions Reporting Act (31 U.S.C. 53 11 & a and the accompanying regulations . )
issued bytheU~.DtpartmrntoftheTrrasury(31 CFR. 103.11 ~~.)(collectivelyreferradto

as the Bank Scmcy Act (the “BSA”)) and the N~CS and regulationsofthe W e offoreign c
AsKO Control ofthe US.Dcpmmcnt of the Tmsury (”OFAC”); (2) to ensure full compliance

with suspicious&ily

roporhgand BSA compliance rcqukmmts ofthe Board of OOvemoS

and the FDlC(12 C.FR.208.62,21124(9, and 326.8 and 12 C.F.RPart353)and 3 N.Y. Comp.

codes R & Regs. Put 300.1 relating to reports required to be made to the New Yo&

DepsrtmenC and (3) to ensun full oompliancc with dl applicable state law, including the New

York Banking Lsw and related rrgulations and the New Yo& Abandoned Propem Lay

WHEREAS, pursuant to section 80) ofme Federal Deposit I n m Act, as amended
(the T D I Ad’), 12 U.S.C. 1818(9, the Board of Governors and the FDIC ~ I Cjointly assessing a

civil money penaltyof S3.750,OoO against SBI-US f SBI-Us’sapparentviolations of 12 CFR. i x
326.8 ofthc FDIC’s NICS and regulations and for SBI-US’Sapparent engagementinmsafe and
M S O p ~

d w s Elated to SBI-US’S 6pil~11? establih and d & to t pf~ccdurts e~bnably n

designed to assure and monitor compliance with the BSA and SBLUS’s Mum to maintain
wmct and complete books and records,

WHEREAS, purmant to the New York Banking Law Section 44, the New Yo&
t k p a e n t is wkcting 8 m n t r payment of $3,75O,OOO on behalfofthe pwpk ofthe state oeay

ofNew York for apparcnt violations ofthe New York Banking Law Sections 200c,204, and
672 relatingto SBI-US’S obligationto maintain a c c w e boola and m r d s and

o 3 N.Y. Comp. Codes R & Regs. Paxt 300.1 relatingt reports requid to be made to theNew


WHEREAS,onOctobcr30,2001,thebod ofdirectorsoftheBankadopteda



authorizing and directing Mr.P.K. Sarkar. Dy.Managing Dinctor &

Group Executive (lntundonal Banking) to enter into this Order on behdfofthe Bank each Branch, and the Agency a d consenting to complisnoc by the Bank, each Branch, the Agency, n and their institudon-affili parties, as defined m xctions3(u)and 8(bX4)oftheFDIAct,asamended(12 U S C 1813(u)and 1818@)(4)),With ...

each and every provision of this Ordec and

wniving any and all rights that the Bank. each Branoh. and the Agency

may have pursuant 10 12 U S C I818 or sections 39 and 44 ofthe New Yo* B d n g Law: ...
to the issuance of a notice of charges and ofhwing and a notice of

assessment of a civil money penalty on any matter set h di~this Order; n


to a hearing for the purpose oftakii evidence on any mattem set

foahi misode& n

to judicial d e w ofthis Ordq and
to challenge or contest, In any manner, the basis, iUumce, validity,


terms, etfectveness or enfonesbilityof this Order or any provision hemof.

NOW, THJ3EFORE, before the t k n ofmy testimony or adjudication 0%or finding on aig
any issue of faot or lwherein, and without this Order constitutmg an admission or denial of any a

ih allegation made or implled by any ofthe Supervisorsin connection w t thLq procadin& and
solely for the purpose of settlement ofthis proceeding without protmted or extended hearing or
testimony and pursuant to the &resaid lesolutions:


I‘S HEREBY ORDERED that, whcs applicabk, the Bank,each Branoh, the Agency, TI
and tach of their institutian4liated parties ceape and desist h m committing any vlolatiom of

the M

~ Idescribed herein, and shall take afsrmative action as bllows: J ~

ComDrcheDsivc Rwiew

W h 30 days of this order, the Bank shall engage a gualified ii tn

independent fim acceptable 10 che SupcMrars (the “Independent Firm”)to oonduct a

c m r h n i ereview of the Bank‘s U.S. opedous, a to assist in the developmentof policies opeesv d
t .. and procedures designed to ensure that SBI-US conducts is U S activities in a safk and sound

manner and complies with all applicable federal and state laws and ngulstionr. Thc
c o m p n ~ v review shall address, at a minimum,the management structure and oversight of e

the Bank’s U S operations;intemal controls; risk managcmcnt; internal audit fundon; policies, ..

ploeedurrs, and controls for compliance with applicable federal and state laws and regulations
(including BSA and OFAC compliance); customer due diligence; identificationand q o r t h g of

suspicious aclivity; rrgulatory reporting;and handling of abandoned property.

With mpcot to the New York Branches:


Punuant to P r S of tbe General Regulations ofthe Banking at

Board, 3 N.Y. Comp. Codes R.& Regs. Paa 5 (,”Part 5 9 , the Independent Firm shall (A) isme a
report on the balance sheet and accompMying disclosures, inchding off-bahce s e amount3 hd
and assets held on behalfof othem, IS of June 30,2001, fbr eachof the New Y & Branches and o

a consolidating balance shcet and accompanying disclosures, including off-balance sheet
mnotmtsand ruscts heldonbehalfofothers,asofJunc 30,20Ol,firtheNewYorkBnnches,

end @) provide an attestation by t& M n g r of each ofthc New Y & B a c k and by the aae o

Resident aad Chief Executive officer and Country M n g r U S A , with ~speot the New aae, to

York Branches, regarding the effkctiveaeu of each o f the New York Brsnohes' internal control
smcturc overbnanclal reporting, based on rwonablc criteria established by SBI-US. The
report and attestation shall comply with the s t a n d d s set forth in Puts 5.3(ax1) and (2).

respectively. Coincident wt the rcportr issued pursuant to Parts 53(aX1) and (2), the Branch ih

M n g r of each ofthe New York Branches and the President and ChiefExedve Officer and aae

count^^ Manager, U.S.A., with rcspact to the New Yorlc Branches, shall a~wt SBI-US'S
comp~iancc ith applicable laws and re&tions i accordancewiihthe rnquhcmmts ofpart 5.5. w n
Within 120 days ofthis Order, thereport,the attatation, and managemant's assenions shall be
i d to the Now Yo& Deparhnent, the board of dimtors ofthe Bank and the head office

inspeclion dc-ent

for the Bank, with a copy to be delivered to the FDIC and the Federal

R e m Bank of San Flancisco (the "Sen Fmncisco Resewe Bank").

at (i Pursuant to P r S3(e), the IndependentFirm shall pmvide formal i)
munagemcnt letten containing findings md recommendntions t improve finaDdal intam1 o

conmls and shall include management's rrsponre to each momendation. Withm 120 dp of a
this Order, copies of the Independent Fm's management leatrr, together with management's nsponse, s M 1be provided to the board of d b r s ofrhe Bank and the head office inspection departmat of theBank,and to the FDIC,New Yo& Depc\ltment, and the San F m i s c o Reserve


Within 10 days ofthis order, but prior to the retention of the Independent

Finn, rhe Bank shall mbmlt to the Supervisors an "ptable engagemem letterthat delineates

the m e ofthe comprehensive r v e and the P r 5 complianceprocodurcs The engagement p eiw at
letter shall provMe that the lndcpcndcnt Fbn will have complete access to all employees, books.

records,and documents (imcluding but not limited to all financial and legal documentationand
communications) ncceswy to conduct the review. The engagement letter shdl also provide that
( ) Independent Firm will exercise its bcst efforts to complete the comprehensive rwiew ithe
within 120 days, Gi) a copy of the Independent Fm’s written report of its 6ndmgs end

recommendationswill be provided to tbe Supervisorsdthe same time that it is provided to the
Bank, (iii) all information including, but not llmited to, work papm,programs and proceduns

related to the comprehensivereview shall be provided to the S p ns aby the Independent ueio
Finn upon quest, and (iv) if at my time the Independent Finn believes h t infbnnatjon is not a
being provided by SBI-USto enable the fr to conduct its review, the Independent Firm must im

immediatelyn w the Supervisorsm writing. o

b m e d h t e Rutrldiolu 8nd Interim PoUdes md P

dU W

Beginning 10 days fbm the date of this Order, the Bmnahes and the Agency shall

not,with respect to thc d e m e n t endtkd ‘Won-ResidentIndian” 0, accept my funds for
W w outside the Unlted States, by drift or win tmsfcr, if the customer of the NRI

dcpattmcnt does not maintain a deposit accoullt with SBI-USi the United stat#, unless SBIn

US (wben acthg 8s the onghator’s bank) first verifies the identity of the Itminer, and (when
acting IS the bemficiay’s bank) obtains infomration regding tho bemficiq inacoordancc
with acoepted ‘‘Wlaneed Due Diligence“ (”EDD”) practices (obtaining adequate identifjhg

s information thaf i rppmpriatdy reviewed and that remainsreadily retrievable by a Bmch or the Agency,understanding rbe nOrmal businessactivityof its customers, and m n t r n eansactions oioig
a appropdatc), snd othenvise complies with 31 CFR.103.33. In addition, prior to effecting s
any such -r,

the Bmches and Agency must conduct OFAC scrrening using i n d u s q

standard c o m p l i i softwan and take whatever other actions BR necessq in order to ensure

thar any nanrfir does not violate OFACd e s and regulations.


Beginning 10 days h m the date of this Order, the Branches and the Agency shall

not accept new funds h m an NRl depamnent customer for transferto MYof his or her SBI-US
or other bank account@ outside the United Stntes unless the Branch or Agency b verifies the t
Identity ofthe romiuer in accordance with accepted EDD practices (as described in paragraph 2

hereof). In addition, prior to efkting my such deposk, the Blanches and Agency must conduct
OFAC screening using industry-standard compliance toftwnc and take whatever other actions

are necessary in order to ensure that any transfer docs not violate OFAC N

~ and regulations, S


Wh respect to the 27 accountt which, as of Januay 24,2001, SBI-UShad i t

)' identified as ' k s c m ~llccountf on the books ofthe Park Avenue Branch, with respect to the 16 additional accounts subscqucntly identified by examines as "nom-o"or "CscroM"accounts on

ok the b o ofthe Park Avenue Branch, and with mpcct to MYother accounts that serve a similar
p u p s e or function and about which a follow-up request k r Momdon wbs issuedto SBI-US

by the Federal Reservc Bank ofNew York (the "New York Reserve Bank") (the "Escrow
Accounts~, B a d shall, within 30 days ofthir orda: the


have sent d i m 9 to the supcNisorsdocumentary evidenceestablishing

formal and appropriate approval of each o f the b m w Accounts; and

provide copies ofexecuted account agreements and supporting EDD

documentdon fix each oftbe E c o Accounts. srw


Within 10 days ofthis Order, the Bank shall provide to the SupcMson the 111

names and addresses of the bcnc6cial owners of all of the accounts that we= the subject ofthe
M m h 22,2001 information roqucst submitted by the New York Reserve Bank to the New Yo&


Beginning 10 days h m the date of this Order, the Branches and the Agency shall

not acoopt for deposit or collection any officialchecks or drafls drawn on any Bank branches or
agencies worldwide if either tbc payee or endonemcnt informationha9 sny material altaalion


Notwithstanding the provisions of paragrephs 2 through 6 h e m q until (a) SBI­

US submits to the Supervisors acceptable interim policies and procedum designed to ensure
that ( ) i Branches and the Agency only enpge i transactions with account holders or other the n
transactors who have provided SBI-US with adequate identifying information that is

~ p ~ p r k t=viewed and that &r ~ d i l y ~ t V a b l by SBI-US, (ii) SBI-US has SYSWIIS ~ly E t in placc to assure the transpmncy of i boob and mods, @ SBI-US has systems in place to t s )

assue tha~he Supervisors, thug$ the normal supervisory proctss. can determine the financial t
condition of the Branches and the Agency and the details and purpose of any transaction, and
(i) all palties to tmnsa&o '

rn conducted at, by, or through q y Branch or the Agency am

identified in accordance wt OFAC regulations and (ut in full compliance therewith,a d (b) ih n SBI-US implements such intaim policies and proceduresto the satishaionofthe SupcMsors in aco~rdanoce ith the pmvisions o f psrsgraph 23(c) hereof, SBI-USshall nor opm any new w
account in the U i t Statts. ntd



Within 30 days of receipt of the repon of the Independent Firm mquired

h by p

I h e m s SBI-USshall submit to the Supervisors an acceptable Written p h to

coordinatethe management ofthe B n ' U.S.operations (including the Nassau Branch to the aks
extent ta its operations 81e managed in the Udud States) and to develop a US. managcmcnt ht

mt r t a is suitable to SBI-US'S business needs. The plan shall, a a minimum:0)include c e ht u t

the appointment of I senior Bank official be responsible for all of the Bank's U.S. operations. to
(ii) include the cbntinucd employment or the appointmentof an experiencedmanagementofficial

M l i u w i t h U.S. banking practices with authority and responsibility in the United St&es for all
of the B n ' U.S. operations, Qii) provide t a the Branches and the Agency a adequately aks ht t
staffed by qualified and trained personnel who have the ability to restore and maintab all

opedons of me Bmches and the Agency to a safe and sound condition end comply with the

requirementr ofthis Order, (iv) include the appointment of an experienced head auditor and compliance ofiocr for US.operations, and (v) provide that d senior U S officials appointed in 1 .. nmxdance with t i paragraph are given 111 authorityto cfllct a l l neccsssry conrctions hs required by this O a d.

Notwithstandingthe provisions of paragraph 8(a) hereof. within 60 days

of this Order, SBI-USshall appoint a qualifiedsenior oompliance of6ocr who is acceptableto the
Supefison. The compliance officer shall, at a minimum, be responsible for the coordination,

supemkion, and monitoring of the combined operations of the Branches and the Agency. H or e
she must possess the appropriateexperience, Wining, and authorityto ovescethe Branches' and

the Agency's compliance function. and be provided w t such other staffas he or she deems ih


necessary to oarry out the compliance o5cer’s duties and responsibilities in an effective and efficient manner.

Internal Controb

W f i n 30 days ofreceipt ofrhe report ofthe Independent F rcquirtd by m i

p w h 1 hereof; SBI-USshall Submit to the SUP~~V~SOJS acceptable pOllOic~ PrOCedWs and

h designed to impve mtemal contmls at the Branches and te Agency. The policies and
procedures shall include steps to. dt a minimum:

strengthen internal accounting and rtcodkeeping functions, including

maintenance of c w n t and ~ccuratc aecaunt rtcords and reconciliation of accounts;

enhance management information systemsto ensw t a appmpriatc ht

management personnel receive timely and accurate reports nectssaty to effactively monitor and

manage risks and appmphte compliance and audit resourns to detect and c o a t weslaresses
and deficiencicr;

with m p t to any account(s), whether used for intcr4icc or settlement

or otha purposes, the funds of which move to, h m ,or through any Branch or tbe Agency, hcludhg the account entitled “India Dollar Account” (the “IDA”):


itemizeall product types aod instrumentsthat move h u g h such

prepare a comprehensive, detailed and transparem mapping,

including offsetting entries, for all accounts t a ultimately flow into or through the lDA or any ht similar clearing account;



m i t i in the U i e States a daily. complete reconciliation of anan ntd

these accounts on a sameday basis; (iv) prepare and mainmin in the United States a complete, transpannt,

and auditable aging schedule;

ensun that the current pmtict of overdrawing the IDA, or any

similar clearing aooount,to pay drafts or other items ceases; (vi)

maimdin in the United States full, complete. tmsparent, and

nfennced daily aging schedules of all outstandingand open SBI-US originated items, which
comply with New York State and other escheEamt requircmcnts; (vii) maintain, for a period of seven yeas, in the United States originals

or auditable high quality copiesofthe fkont and backofall cleared and processed official checks,
drafts or other i n m e n u that m issued, paid, or proctsscd in the United States by the Bank's branches. agencies, or correspondents; and (viii) maintain full and complete information for all electronic funds
transfW going through the IDA that provides SBI-US wt a complete audit t for each ih d

p d c u l a r bansfcr fm a period of six ycars,

budh Proenm

SBI-US shall continue to develop and improve its intemal audit program. Wti ihn

30 days ofthis Order, SBI-US shall submitto the Supervisorsan acceptable Written intemal audit
t program for each Branch and the Agency. The internal audit pmgtam shall. a a minimum:

provide for procedures consistent with the Institute for lntcmel Auditors'

Standards for the Professional Practice of I n t d Auditing;


identie each operational area to be r e v i e d and the scope of reviow. include procedures to m uc the independenceof the d i function of sr


tach Branch and the Agency, including appropriate escalation ptocols;


nquh demonseation that the prior year's internal audit activities and the

proposed audit progtam fixthe foUowing year are rcvicwed a lean annually on an ongoing basis t
by the Bn' head office audit committee or equivalentto ensure t a tbe audit p g n m is aks ht

revised in a manner to reflect changes in SBI-US'S oFganizational and business envkonment,

including the adoption of the most cumot industry best practices;

q u i r e risk dssessmcnts to identify high risk areaq and to ensure that

ongoing internal audits o fcriticalor high-riskm.as are performed with reasonable fbqucncy and
depth, and that h e adequacy, eMveness, and efficiency ofthe i n t e d contml environment of
tach fhction m reviewed;

include reviews ofeach Branch's and the Agency's compliance with

applicable laws a d regulations;

require reports ofthe intcmal audiior to be bansmittedto and maintained

at the appropMteBranch o Agency BS well as to the hcad o f h inspectiondepartment, and r

provide fbr procedures designed to ensure theindependence of each Bmcb's and Agency's

audit fuaction;

provide guidelines and the designntion ofresourcosto ensure thaf intanal

audits an completed effectively and a3 scheduled;


provide for the submission offomd written reports d i m l y to the Bank's

head 0f6ce hqcction depattmm and to the Bank's board of dmbm or a designated audii
committee theme and


establish 8 process to monitor the status and ensure effective follow-up of

corrective action taken to a d d m weaknesses identified by audit and compllance pcaonnel, and

establish proocdures to conduct targeted audfi to evaluateremedial action.

p8ak Secracv Act and OFAC ComDliince

SBI-US and is institution-afEliiatod parties, shall not, directly or hdmctly, t

violke the BSA or any d e s or ngulsdonsissued p u e n t thnota or any N ~ O S regulations and
issued by OFAC.


Within 30 days ofreceipt of the report ofthe Independent Firm required by

paragraph I hereof, SBI-US shall submit to the SuperViSorsan acceptable Written program
nm designed to e s and main& compliance by each Branch and the Agency with the BSA The

program shall, at a minimum:

Provide for the use ofapprophtc sys~~msen~lln to compliance with the

recordkeeping and reporting requkments for cumncy transactionS of over SI0 O OO ,
(31 CFK 103.22). ineldig the reqUinment to aggregate transaCtionsunder

31 C J R 10322(0). The system3 shall, a a m'hhum, be capable ofaggregating multiple cash t

transactions for any one business day h m all Brcmchts end thc A g m y by 8~0011111number, by
m c ( s ) of account holder(s) and by transactor(s).

Ensun compliance with the identificationrequirements rclaad to the

recOdkeephg and reporting requirements for cumncy tmnsadons ofover S10,OOO
(31 CER 103.28).



Provide for appropriate procedures relating to obtaining and retaining

fundstransfer idormation bs required by 31 C.F.R. Paa 103.

Provide for appmpriate procedures to reasonably ensm that all new

products involving the receipt or transfer of funds comply with applicable laws and regulations
relatcd to BSA compliance and suspicious Sctivity reporting.

Provide for appropriateprocedws governing the maintenance of"payab1e

through" acumnts, or accounts that in h t i o n or praotice pnsent similar risks, in accordance
with the guidelines set firth in Supeni~o~y SR 95-10 issued by the Board ofGovemon. Lener

( 0

Provide for appropriate procedurcs to detect and m n t r all currency and oio

other txansactionsoccuning a any Branch or the Agency, includii Mu activities invoking t
deposh into deposit accounts based in India, to determine whether such tmmacdons IVC b c i
conducted for illegitimatepurposes and that there is fill compliance with all lawsand rrgulations applicabk t such tmnsactions. o

Provide f independenttcsting of compliance with dl applicable rules i x

and regulationsrelated to the BSA and the identification and reportingof suspicioustransa~tion~.

This shall include, at a minimum, ensuring that each Branch and the Agency is complying with
the BSA, that appmpriate personnal at each Branch and the Agency possess the nquisite

knowledge necessaryto comply with the BSA,that all procedwcs a in writing and m n
complete and accurate, and ta the results ofthis testing are reported at qumdy intervalsto the ht

Bank's head office management. The independent testing shall be conducted by qualified,
experitnce4 independent third parties. such as independent public accountam or consultants.
who are not in MY mauncr afiiliatcd dth the Bank, any Branch, the Agency or any of their

subsidiaries or dliates.

() h

Requirt that the BSA compliance program for the U.S. operations of the

Bank be managed by a qualified senior officer who possesses the appropriate experience,
trainingand authority to overtet the BSA compliauce and enhanced customer due diligence

progmm, including, without limitation, the identification and timely, accurate and complete

reporting to law enforocmentand supeMsory authorities of unusual or suspiciousd v i t or ~
known or suspected criminal activity perpctmted against or involving the Bank, any Branch, or
the Agency.


Provide ei�cctivc training to all appropriate pemnnel at each Branch and

the Agency (including, but not limited to, tellers, customer scrvlce representatives. l d k q
O ~ ~ X I Sprivate and personal banking offjcers,employees ofthe limds transfer and check ,

processing departments, and d other customer contact pexsonnel) inall aspcct~ regulatory and l of
internal policies and procedures rad 10 the BSA and the identificationand reporting of et le

suspicious~ ~ ~ S ~ O I Ithe training on a regularbasis t ensue tha! all personnel and update S , o

have the most clment and up to date informaton.



pamgmph I hereof, SBLUS shall submit to the Supervisorsan scccptable Wriacn plan designed
to ensure compliance with OFAC regulations (31 C.F.R Pat 500 am.), well as any rules 63

and guideliies issued or a m n s e e by OFAC. The plan shall include, a~aminimum, diitrd procedums to ensure t a customer eanssctions are screened using indushy-standard OFAC ht compliance software and a processed in accordance wt a regularly updated lia ofentities and n ih individuals whose tmsaotions or tissscts are required to be rejected, blocked, hzm, or

gnbaaced Due DI-

14. h p -

Within 30 days ofnceipt ofthe rrport ofthe Independent F q u i d by m

1 hcreog SBI-US shall submitto the Supervisors an acceptable written enhanced

customer due diligence program. The program shall bc designed to rtasonably cnsurc the
identification and timely, acowate and complete reporting ofknown or nrspected criminal activity against or involving the Bank, any Brwch, or the Agency to law enforcementand
supervisory authorities p9 required by the suspicious activity reporting pro6sions ofthe BS&

RegulationK of the Board of Governors (12 C1.R 21 124), and the rules and rrguldom of the

FDIC (12 CER. P r 353). The enhanced customerdue diligence program shall. at a minimum, at

Procedures t ensum that all customers an assigned to a specific Branch o

or h e Agency, and that when a new account is opened, al oritid informmation is obtained, l
accurately and timely entered into SBI-US'S management infonnation system, and remains

readily retrievable.

For a risk focused assesSII1cnt ofthe customerbase ofeach Branch and the

Agency to:


identifjthe categories ofcustomers w o e tramdons do not hs

require monitoring because of the routine and u s d naturt of their bankingactivities; and


determine the appropriate level o f e n h a n d due diligence

newssay far those categories of customeTs that the Branch or the Agency has ==OD t obelieve
pose a heightened risk of illicit advities a or through such Bmnch or the Agency. t

For those customers whose uanssctionsrequire enhanced due diligcnce,

procedures to:


determine the appropriatedocumentation necessmy to conblm the

identity and business activities ofthe custom,


understand h e normal and expected transactions ofthe customer, maintain M effective audit trail for executed transactions; and
nponsuspicious activities in compliance with applicable federal

(iv) and sWe mgulations.

Procedures to allow SBI-USto identify those accounts CUlTcntly in

existence Eor which SBI-USlacks critical customer data (including,without litation, fidl

names of account holden and beneficial owners ofaccoun&,tax identification numbem,
addmKs and country of origin), and to collect any missing idormation dating to such pocounts

withiin 60 days ofthe receipt ofthe report ofthe Independent Firm.

Notwithstanding any other provisions ofthis Order, with respect to

accounts b r which critical information cannot be located, procedures for determining whether such accounts should be closed and for closing them.


Procedures t emm that all accounts are linked on a o n e t o a e basis o

with thc lid of customm in each Branch or the Agency's customer file.

Procedum to e

m the retentionfor a minimum of one year of accessible

on-line bansaction hsoy sufficient to enable SBI-USto monitor eccount activity, and itr

procedures to ensun retention for a reasonabk pniod oftransaction history of closed BccouII1s.

JadeDendent R d c w of Vanom Accountr and Susuieiaw Activitv Remrtiog



W M 30 days ofthis order, SBI-USshall mgage the Independent Firm

or another qualified independent firm acceptable to the Supervisors to conduct a full and

complete =view ofthe use by SBI-US of omnibus, suspense and payable through accounts (and
accounts with similar functions used to etfecr funds transfers) and the Escrow Accounts

(collectively, the 'Reviewed Accounts") (the "Second Independent Review"). The Sccond

IndependentReview shall also address SBI-US'Shistorical suspicious activity rcporhg ("SAR'') policies and procedurcs. At a minimum. the miew shall:


alp transactions booked or conducted through the R d - d

Accounts f b m Janumy I, 1998 through to the present to determine who was SBI-US'Scustomer,

on Wfiosc behalfthe transaction was undertaken, and whether SBI-US'Srecord keeping relating
to the tfaaseoton was transparent and accurate and complete;


identi@ and investigate suspicious or unusual activities, ifany,

conductedthrough the Reviewed Accounts;


asses the necessity and propriety of each of the Reviewed

Accounts. and,where appropxiate,m m m m d that SBI-USclose u n c ay or ineffdvely n bwr

controlled Reviewed Accounts and make appropriate recommendations t a m,at a minimum, ht designed to achievt compliancewith BSA and OFAC compliance requirements and me fully documented;

identi@any U.S.dollardenominated accounts that w c not r

assigned to a specific Branch or to the Agency es of February 12,2001, and identifjthe status
and disposition of such sceounts;
review SBI-US'S SAR compliance pmgnun 6um April 1596to tbc

prtscnt to detenninc whther SBI-UShad in place adquate policies and procedum designed to
cnsm compliance with the Supervisors' suspicious activity mponing rules; md



ifthc review required by paragraph IS(aXv) hereofidentifies gaps
1996 and the present, determine thc reasons for such gaps.

in SBI-US's SAR reporting be(b)

To the extent that any of the Reviewed Accounts remain open (or any

similar accounts identified through the review required by paragraph 1S(a) h e m f r m i o p ) , ean

SBI-USshall submit to the Supenisors, within 30 days of receipt of the report of the Second
IndependentReview, an acceptable written p r o m designed to e
m thatthe remaining

Reviewed Accounts (or similar accounts) Maccurately booked and recorded, and arc efkctively conboned and monitored for suspicious activities. In the event that the Second Independent

ht Review includesalecommendationt a one or mom ofthe Reviewed Accounts should be closed
and SBI-USdocs not closc the accouoto, SBI-USshall provide to the Supervisors its written

justification fbr not closing the account@ in the submission lcquired by this paragraph.

I the went that SBI-USuses the Independent P h to conduct the review n

requind by prrpgraph IS(a) hereof. the engagement Idler desm'bod in paragraph I(c) hereof
shall include the leview mquircd by thispmgmph. In the event that SBI-US Ohooses another

firm to conduct the required review, SBI-USshall submit an acceptable engagement letter to the
Supervisors,within I0 days of this Order, following the procedures dcscnid inp m p p h s 1(c)

and 23(a) henof

Jaderwdtnt Tedw

Notwihmdingthe pmvisions ofparagraphs ](a), 1%) and lS(a) hereof wti ihn

60 days of t i Order, SBI-US hs shall, in a manner acceptable to the Supcrvisom, provide fox

independent resting of the Branches' and the Agency's BSA, OFAC, customer due diligence,
SAR. and anti-money laundering compliance programs. At a minimum, the testing shall be


conducted t r e months after SBI-USreccives the approval of the Supervisors for each he respective program, and 12 months afterlhe initial testing.

)tezohton Rewrting

Within 60 days ofthis order,SBI-USshall submit to the Board ofGovernors all

F o m FFIEC/OOZS for the Nassau Branch ofthe Bank at 460 park Avenue h m December 1997
to the present dxte, and SBI-USshall continue to file all required Forms FFIEcIo02S on a timely

and (ICCUIBC basis in the W e until sucht m 8s the management of the Nwau Branch is ie
tmskmd fiom the United S a e . tts

Procedure for Handtinn Abandoned P I W D ~ ~


Wti 30 days ofrrccipt ofthe report ofrhe Independent Firm nquired by ihn

paragrsph 1 henof, SBI-US shall submit to the Supervisors an acceptablewritten program
detailing how SBLUS’s three New Y r Branches shall ensure compliance with the ok

n q u h e n b of the New York Abandoned Property Law Section 301, The program shall, at a


provide a mechanism to automatically identify, c m l and monitor

inactive andlor dormant accounts;


provide pmoedurw to ensure that reports of dormant accounts am

~ouratclyroduced to comply with the requirements of the New York Abandoned PropertyLaw p
and o k state laws; and

provide p r o d u n s to ensure a c c monitoring, control,reporting and ~

escheatment of all dormant and abandoned items.

patridions on Transfen to the Sate Bank oflndia (Cabfornu)

Norwithding any other provisions ofthis Order. the Branches and the Agency

shall not transfer any ofthe Reviewed Accounts, any accounts lacking identifying information
required by 3 1 C.F.R.Section 103, or transactional services of any type to the State Bank of India (California). Las Angeles, California, without providing 10days prior mitten nodce to the Supcrvisorr.

&rcssmtnt of I CbU Monev Penrltv and Moaemn Pavment

SBI-US is hereby assessed and shall pay to thc Board of Governon and to the

FDIC a civil money penally in the sum of S3,750,000 pursuant to section 8(i) ofthe FDI Act,
12 U.S.C. 18180, for apparent violations of 12 CER 326.8 and for ~ c k l e sengagement in s

unsafeand unsound p d c c s as a result of SBI-Us’s failure to establish and maintain
procedures relponably designed to wurc and monitor compliance with the BSA and SBI-US’s !Xlm to maintain axurate and complete books and m r d s . The civil money penally aqscsstd

by this Order shall be remitted in full at thc t m of the exwution of this W e r by wire transfer ie
of immediately available funds to the Federal Reserve Bank ofNew Yo& ABANo. 021001208,
to the attention of Thomar, C. Baxter, Jr., General Counsel and Executive Vice President


Ncw Y r Reserve B&’on behalfofthe of the B o d of Governors and the FDIC,shall ok
distribute this sum to the U.S. Department ofthc T r t a y pursuant to section 86)ofthe R)I

2 1.

SBI-US is haeby assessedand shall pay to the New Yo& Department a monetary

payment i the amount of S3,750,0OO pursuant to the New Yo& Banking Law Section 44 for the n

failureto establish and maintain books and records reasonably designed t assure and monitor o compliance with reporting requirements set forth in 3 N.Y.Comp. Codes R 8 Regs. Part 300.1, The monetary payment assessed by this Order shall be remitted in 1u.a the time ofthe t execution of this Order by wire wnsfer of immediatelyavailable funds to the account of the New York D e p m e n t at Chase Manhattan Bank, 4 New York Plaza,New Yo&, New Yo&

paewe Bank of Iadia
Ifapproval ofthe Reserve Bank of India (“RBI”)is required for SBI-US to

comply with any provision ofthis Order, and RBI does not pant such approval, the Bank shall promptly notifythe SupcMsors and provide acceptable documentation of RBI’s position, and

shall nevenhelcss ens-

that is U.S. activities continue to be consistent with applicable U S t ..

l a w and ngulations and the terms of this Order.

Ttrms and Effect of Order


The written plans, pmgmms, policies, and proceduns and the report and

r S) engagement Iette~(s) e q h d by paragraphs l(b), l(c), 8(a), 9,10,12,13,14, I@, lS(c), and
I8 bereof shall be submitted to the SupeMsors for review and approval. Amptable plans,

programs, policies, and procedures and an acceptable report and engagemenl later(s) shall be

t submitted within the time periods set 6 hin this Order. The Bank, Branches, and Agency, as
applicable, shall adopt the approved plans, programs, policies, and procedures and the approved
report and engagement letter(s) within 10 days of approval by the Supervisors,and then shall

fully comply with t e . During the term of this O d ,the approved plans, programs. policies hm ru and procedures and the report and engagement lerter(s) shall not be amended or rescinded without the prior written approval of the SupcMsom.

Submissionof documentsto the Supervison shall be effected by

concurccnt submissions to the SM Fmcisco Federal R e m e B d and the Ncw York Dcparhent. (c) It is undustood and agrccd that SBI-USwl submit dK interim polioits il
7 hemfto the Supervisorsas expeditiously ds possible

-h and procedures r e q u i d by pp

after the issuance of this Order. The Supavison will provide I response within 30 days

following receipt of the lntcrhn policies and procedures, and SBI-USand the SupmriSOrs wl il

work together to expedite their approval and satisfactory implementation. The interim policies

and procedures shall remain in full foroe and eftect until all other plans, programs, policies, and
procedun~ required by this Order have been submitted and approved in accordance with the

provisions ofpangraph 23(a) hereof (d)
It is undmtood and agreed tbat the Chicago Branch and the Agency have

independent opuSting systems h m thc New York Branches, and that the plans. programs, policies, and procedures rrquircd by this Order will reflectthose differences.

2. 4

W h 30 days after the end of each calendar quarter following the date of ii tn

issuance of this Order (Deccmbcr 31, Mfuch 31, June 30, and September 30), SBI-USshall
furnish t the Suptnisors a written progrcss report detailing the firm and manner of all actions o

taken to soom compllance with this order, and the results thereof. SBI-US shall also provide


copiw of each proguass repon to the board of directon of the Bank and to the Reserve Bank of



Communications regarding this older other than those covered by parsgraph

23@) hemf shall be sont to:

Dy,ManagiingDirector & GE @B), State Bank of India Iotemational Banking Group, State Bank Bhavm, Madame CamaRoad, M ~ ~ b- 400 02 1 ai


M .Robea O'Sullivan r
Senior V c President ie Federal Rescm Bank OMCW
YO& 33 Liberty Smet
NewYork,NY 10045
M . Teresa Curran
s Vice President a d Managing Dinctor
n Feded Reserve Bank of San Francism
101 M d csm
a r tt t SM F~ancisco, alihmia 94105

M .George J. M s a
Regional Director
F e d d Deposit hurpnce Corparstion
San FranoiSm R e gb d OEce
25 Eckcr Strtet, Suite 2300

SanFmisco, CA 94105

Mr. Michael J. Lesser

Deputy Superintendent of Banks
New York State Banking Department

l W Rector Street

NewYo&,NY loo06



The provisions ofthis Order shall be binding on the Bank, each Branch, the

Agency, and each of their institution-aiated parties in their capacities as such, and their

successors and assigns.


Each provision ofthis Order shell remain c&ctive and enforceable until stayed,

modified, terminated, or suspended in Writing by the Suptrvisors.


N t i h t n i g any provision of this Order, the Supcrvkors may, i their owtsadn n

discretion, gmnt witten extensions oftime to the Bank,a Branch, or the Agency to comply with my provision ofthis Order.


The provisions ofthis Order shall not bar, estop or othenvisepnvent the Board of

Governors. tbe FDIC,the New York Department, or any faded or state agency or depamnent

h m talcing any other action afftcting the Ba& any Branch, the Agency, the stste Bank ofIndia


(California), Los Angeles, California, or any oftheircumnt or former institutionaffiliated

By order of the Board of Governors (with respect to the Bank., the Broadway Bmch, and
the Agency),

the FDIC (with respect to the Bar&, the park Avenue B m h . the Chicago Branch,

and the Flushing Branch), and the New York Deparhnent (with rcspcct 10 the Park Avenue Branch, the Bmdway Bmch and the Flushing Branch). effectivethis

0day of f i b uw





sooiatc Dirtctor