OCC 2004-51  
OCC Bulletin

Subject:      Bank Supervision Operations
Description:  Enforcement Action Policy

Date:         November 10, 2004

TO:  Chief Executive Officers of All National Banks, Federal
     Branches and Agencies, Department and Division Heads, and
     All Examining Personnel


This bulletin transmits Appendix C, dated November 10, 2004, to
the OCC's Enforcement Action Policy contained in PPM 5310-3
(REV), dated July 30, 2001, and publicly released in OCC Bulletin
2002-38.  This appendix identifies those violations or other
supervisory findings that, as a result of a statutory or other
legal requirement, require the OCC to take a specific action.

The Enforcement Action Policy describes the OCC's policy for
taking appropriate enforcement action in response to violations
of laws, rules, regulations, final agency orders and/or unsafe
and unsound practices or conditions.  While a presumption exists
for certain types of enforcement actions to be taken by the OCC
depending on the nature and history of the OCC's supervisory
findings and identified violations of law, the Enforcement Action
Policy does provide for some discretion.  Appendix C is being
issued to identify those areas in which such discretion has been
superseded by a specific statutory or other legal requirement.
The OCC's Enforcement Action Policy and this Appendix C are
applicable to all types of national banks, as well as federal
branches and agencies of foreign banks.

These policies and procedures provide only internal OCC guidance.
They are not intended to and do not create rights, substantive or
procedural.  They are not enforceable at law or in any
administrative proceeding.

For further information, contact Ronald G. Schneck, director for
Special Supervision at (202) 874-4450.



John W. Quill
Deputy Comptroller for Special Supervision


Attachment:  Supplement 1 of PPM 5310-3 (REV): Appendix C
             [http://www.occ.treas.gov/ftp/bulletin/2004-51a.pdf]