June 2016Transmittal 424
Effective: 6/1/2016
Banks and Banking Policy Statements
The Board
periodically issues Supervision and Regulation (SR) letters announcing
that certain previously issued guidance has become inactive or has
been superseded.
- SR letter 16-9, “Inactive Supervisory Guidance,”
issued April 21, 2016, affects the following guidance published in
the Federal Reserve Regulatory Service:
- —
Recent Developments Regarding Loan Loss Allowances (inactive)
(Guidance, Allowance for Loan and Lease
Losses at 3-1482)
- —
Joint Interagency Letter on the Loan Loss Allowance (inactive)
(Guidance, Allowance for Loan and Lease
Losses at 3-1483)
- —
Interagency Statement on U.S. Implementation of Basel II Advanced
Approaches Framework (inactive) (Guidance,
Capital at 3-1506.332)
- SR letter 12-6, “Inactive Supervisory Guidance,”
issued April 12, 2012, and revised July 26, 2012, affects the following
guidance published in the Federal Reserve Regulatory Service:
- —
Interagency Advisory Concerning “Prime Bank” Financial Instruments (inactive) (Guidance, Financial Instruments
at 3-1535.5)
- —
Interagency Advisory Concerning a “Safe Harbor” and the Filing of
Suspicious Activity Reports (superseded) (Bank Secrecy Act Regulations,
SAR Safe Harbor at 3-1850)
Proposed Rules
The
Board is inviting comment on a proposed rule to promote U.S. financial
stability by improving the resolvability and resilience of systemically
important U.S. banking organizations and systemically important foreign
banking organizations pursuant to section 165 of the Dodd-Frank Wall
Street Reform and Consumer Protection Act (Dodd-Frank Act).
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Under the proposed
rule, any U.S. top-tier bank holding company identified by the Board
as a global systemically important banking organization (GSIB), the
subsidiaries of any U.S. GSIB (other than national banks and federal
savings associations), and the U.S. operations of any foreign GSIB
(other than national banks and federal savings associations) would
be subjected to restrictions regarding the terms of their non-cleared
qualified financial contracts (QFCs). First, a covered entity would
generally be required to ensure that QFCs to which it is party, including
QFCs entered into outside the United States, provide that any default
rights and restrictions on the transfer of the QFCs are limited to
the same extent as they would be under the Dodd-Frank Act and the
Federal Deposit Insurance Act. Second, a covered entity would generally
be prohibited from being party to QFCs that would allow a QFC counterparty
to exercise default rights against the covered entity based on the
entry into a resolution proceeding under the Dodd-Frank Act, Federal
Deposit Insurance Act, or any other resolution proceeding of an affiliate
of the covered entity. The proposal would also amend certain definitions
in the Board’s capital and liquidity rules; these amendments are intended
to ensure that the regulatory capital and liquidity treatment of QFCs
to which a covered entity is party
is not affected by the proposed restrictions on such QFCs. The Office
of the Comptroller of the Currency is expected to issue a proposed
rule that would subject national banks and federal savings associations
that are GSIB subsidiaries to requirements substantively identical
to those proposed here. Comments on this notice of proposed rulemaking
must be received by August 5, 2016 (Docket R-1538).