May 2019Transmittal 459
Effective: 5/1/2019
Banks and Banking
Policy Statements
The Board, the Federal Deposit Insurance Corporation
(FDIC), the National Credit Union Administration, and the Office of
the Comptroller of the Currency (OCC) (collectively, “the agencies”)
reissued on April 3, 2019,
Frequently Asked Questions on the Current
Expected Credit Losses Methodology, with additional frequently
asked questions (FAQs) numbered 38 through 46.
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These FAQs were developed by
the agencies to assist institutions and examiners in their implementation
of the new accounting standard for credit losses recently issued by
the Financial Accounting Standards Board. The agencies plan to publish
additional FAQs and/or update existing FAQs periodically (Guidance, Allowance for Loan and Lease Losses at 3-1489). Regulation KK
The Board, the
Farm Credit Administration, the FDIC, the Federal Housing Finance
Agency, and the OCC adopted an interim final rule amending the agencies’
regulations that require swap dealers and security-based swap dealers
under the agencies’ respective jurisdictions to exchange margin with
their counterparties for swaps that are not centrally cleared (swap
margin rule).
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The swap margin rule takes effect under a phased compliance schedule
stretching from 2016 through 2020, and the dealers covered by the
rule continue to hold swaps in their portfolios that were entered
into before the effective dates of the rule. Those swaps are grandfathered
from the swap margin rule’s requirements until they expire according
to their terms. There are currently financial services firms located
within the United Kingdom (U.K.) that conduct swap dealing activities
subject to the swap margin rule. The U.K. has provided formal notice
of its intention to withdraw from the European Union (E.U.). If this
transpires without a negotiated agreement between the U.K. and E.U.,
these entities located in the U.K. may not be authorized to provide
full-scope financial services to swap counterparties located in the
E.U. The agencies’ policy objective in developing the interim final
rule is to address one aspect of the scenario likely to ensue, whereby
entities located in the U.K. might transfer their existing swap portfolios
that face counterparties located in the E.U. over to an affiliate
or other related establishment located within the E.U. or the United
States. The agencies seek to address industry concerns about the status
of grandfathered swaps in this scenario, so the industry can focus
on making preparations for swap transfers. These transfers, if carried
out in accordance with the conditions of the interim final rule, will
not trigger the application of the swap margin rule to grandfathered
swaps that were entered into before the compliance dates of the swap
margin rule. The interim final rule is effective March 19, 2019 (Regulation KK, Docket R-1654), the same day it was published in the Federal
Register. Holding and Nonbank Financial Companies
Regulation Y
The Board
is amending the capital plan rule to limit the scope of potential
objections to a firm’s capital plan on the basis of qualitative deficiencies
in the firm’s capital planning process (qualitative objection).
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In particular,
effective immediately, the Board will no longer issue a qualitative
objection under the capital plan rule to a firm if the firm has been
subject to a potential qualitative objection
for four consecutive years, and the firm does not receive a qualitative
objection in the fourth year of that period. In addition, except for
certain firms that have received a qualitative objection in the immediately
prior year, the Board will no longer issue a qualitative objection
to any firm effective January 1, 2021. The final rule is effective
March 13, 2019 (Regulation Y, Docket R-1653), the same day it was published in the Federal
Register. Procedural and Organizational Rules
Systems of Records of the Federal Reserve
System
Pursuant to the provisions of the Privacy
Act of 1974, notice was given that the Board proposed the establishment
of a new system of records,
BGFRS-41 “FRB—Ethics Program Records.”
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The new system of records became
effective after the comment period closed on April 1, 2019 (Rules
Regarding Access to Personal Information under the Privacy Act of
1974, Systems of Records of the Federal Reserve System) and was published
in the Federal Register on March 1, 2019.
Pursuant to the provisions of the Privacy Act of 1974,
notice was given that the Board proposed the establishment of a new
system of records,
BGFRS-42“FRB—General File of the Insurance Policy Advisory
Committee.”
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The new system of records became effective after the comment period
closed on March 11, 2019 (Rules Regarding Access to Personal Information
under the Privacy Act of 1974, Systems of Records of the Federal Reserve System) and was published
in the Federal Register on February 8, 2019. Proposed
Rules
The Board, the FDIC, and the OCC are
inviting public comment on a notice of proposed rulemaking that would
address an advanced approaches banking organization’s regulatory capital
treatment of an investment in unsecured debt instruments issued by
foreign or U.S. global systemically important banking organizations
(G-SIBs) for the purposes of meeting minimum total loss absorbing
capacity (TLAC) and, where applicable, long-term debt (LTD) requirements,
or unsecured debt instruments issued by G-SIBs that are pari passu
or subordinated to such debt instruments.
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Under the proposal, investments
by an advanced approaches banking organization in such unsecured debt
instruments generally would be subject to deduction from the advanced
approaches banking organization’s own regulatory capital. The proposal
would reduce both interconnectedness within the financial system and
systemic risk. The Board is proposing changes to regulatory reporting
requirements resulting from the proposal. The Board is also proposing
to require that banking organizations subject to minimum TLAC and
LTD requirements under Board regulations publicly disclose their TLAC
and LTD issuances in a manner described in this proposal. Comments
on this notice of proposed rulemaking must be received by June 7,
2019 (Docket R-1655).