§ 9-u. ATM transactions by persons using foreign bank accounts. 1.
Subject to the requirements of section three hundred ninety-nine-y of
the general business law, as added by chapter four hundred ninety-five
of the laws of nineteen hundred ninety-nine, an agreement to operate or
share an automated teller machine shall not have the effect of
prohibiting, limiting or restricting the right of the operator or owner
of the automated teller machine to charge a customer who is conducting a
transaction using an account from a financial institution that is
located outside the United States an access fee or surcharge not
otherwise prohibited under state or federal law.

2. Nothing in this section shall be construed to prohibit or otherwise
limit the ability of an operator or owner of an automated teller machine
to voluntarily enter into an agreement regarding participation in a
surcharge free network.