Kathleen A Scott

March 19, 2008 | New York Law Journal

Kathleen A. Scott, counsel at White & Case, writes that uncertain economic times require more-frequent reviews of a bank's overall risk exposures, including country risk. Effective analysts will be able to make the crucial distinction between short-term troubles in a politically and economically sound country and long-term systemic problems which have adverse consequences for foreigners' debt and/or equity investments in that country.

By Kathleen A. Scott

8 minute read

May 17, 2006 | New York Law Journal

Kathleen A. Scott, counsel with White & Case, writes that regulators in Washington have been holding a dialogue with banking groups about two important issues: a possible requirement for reporting cross-border funds transfers and a clarification of financial holding company qualifications. Both these issues impact international banks.

By Kathleen A. Scott

10 minute read

July 16, 2008 | New York Law Journal

Kathleen A. Scott, counsel at Arnold & Porter, writes that when one thinks about foreign investment in the United States, transactions by sovereign wealth funds often come to mind. However, investments by non-U.S. banks in U.S. companies also potentially are subject to review under the Exon-Florio Provision, which gives the president the authority to suspend or prohibit the acquisition, merger or takeover of a U.S. "person engaged in interstate commerce" by a non-U.S. person that might threaten the national security of the United States. Recent legislation and proposed regulations to Exon-Florio could affect a potential investment in the United States by a non-U.S. bank.

By Kathleen A. Scott

11 minute read

November 14, 2007 | New York Law Journal

Kathleen A. Scott, counsel at White & Case, reviews what a non-U.S. bank operating, or proposing to operate, in the United States through direct offices can expect in the way of safety and soundness regulatory examinations.

By Kathleen A. Scott

11 minute read

September 17, 2008 | New York Law Journal

Kathleen A. Scott, counsel at Arnold & Porter, writes that many banks headquartered outside the United States that maintain branches or subsidiaries in the United States focus on financing trade transactions for companies based in the bank's home country. Trade financing is a critical service for an international company that seeks to offers its products in the U.S. market, but unfortunately, it also has been abused by criminals to launder the proceeds of their crimes.

By Kathleen A. Scott

9 minute read

September 16, 2009 | New York Law Journal

Kathleen A. Scott, counsel at Arnold & Porter, discusses recent statements by the Basel Committee of the Bank for International Settlements, the Group of 20 and the United States on proposals to permanently strengthen capital standards for banks and their holding companies. The process will take months, if not years, to accomplish, and there of course is no guarantee that it will forestall an international economic crisis in the future. However, these measures should at least build into the prudential supervisory process more trigger points when regulators must stop and assess a particular bank's condition and, if necessary, require remedial actions to be taken before a crisis occurs.

By Kathleen A. Scott

10 minute read

September 14, 2011 | New York Law Journal

In her International Banking column, Kathleen A. Scott, counsel at Arnold & Porter, explores new resolution proposals that may be adopted by the G20 later this year, and discusses the SIFI resolution model adopted by the United States in the Dodd-Frank Wall Street Reform and Consumer Protection Act.

By Kathleen A. Scott

12 minute read

November 15, 2006 | New York Law Journal

Kathleen A. Scott, counsel at White & Case, writes that despite a bank's best efforts to comply with all legal requirements, there may come a time when banking regulators will issue a public enforcement order requiring the bank to address some operational defects, and suggests some steps that a non-U.S. bank in particular, which may not be as familiar generally with how the U.S. banking system works, may want to consider if its regulator has indicated that it intends to issue such an order.

By Kathleen A. Scott

10 minute read

March 10, 2011 | New York Law Journal

In her International Banking column, Kathleen A. Scott, counsel at Arnold & Porter, notes that throughout history many deposed rulers have looted their government treasuries and secreted funds and assets in other countries, so with despots being routed in North Africa, this may be a good time for banks, particularly large internationally active banks, to review the requirements for maintaining accounts for Politically Exposed Persons.

By Kathleen A. Scott

12 minute read

September 20, 2006 | New York Law Journal

Kathleen A. Scott, counsel with the Bank Advisory Group at White & Case LLP, reviews the Financial Action Task Force's third assessment of U.S. compliance with its anti-money laundering and anti-terrorist financing recommendations and some of the areas where improvement is needed.

By Kathleen A. Scott

11 minute read