North Dakota Code § 6-08-36

Automated teller machines - Definitions - International charges - Application
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1. In this section:
a. "Automated teller machine" means any electronic information processing device 
or electronic funds transfer facility located in this state that accepts or disposes 
cash in connection with a credit, deposit, or other account. "Automated teller 
machine" does not include a device that is used solely to facilitate check 
guarantees or check authorizations, or that is used in connection with the 
acceptance or dispensing of cash on a person-to-person basis.
b. "Foreign account" means an account with a financial institution located outside 
the United States.
2. An agreement to operate or share an automated teller machine may not prohibit an 
owner or operator of the automated teller machine from imposing on an individual who 
conducts a transaction using a foreign account an access fee or surcharge that is not 
otherwise prohibited under federal or state law.
3. This section first applies to agreements entered into, modified, or renewed after 
August 1, 2009.

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