September 2016Transmittal 427
Effective: 9/1/2016
Banks and Banking Bank Secrecy Act Regulations
The Board issued on July 29, 2016, a list of entities for which the
U.S. Department of the Treasury’s Financial Crimes Enforcement Network
(FinCEN) has imposed special measures under section 311 of the USA
PATRIOT Act (31 U.S.C. 5318A).
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Special measures create legal
obligations for covered financial institutions with respect to certain
jurisdictions, financial institutions, or international transactions
of primary money laundering concern to the United States. This list
will be updated periodically whenever FinCEN imposes a new special
measure, or removes or changes an existing special measure (Department
of the Treasury, Financial Crimes Enforcement Network at 3-1875). Consumer and Community Affairs The Board, Federal Deposit Insurance Corporation
(FDIC), and Office of the Comptroller of the Currency (OCC) (collectively,
the “agencies”) adopted as final revisions to the Interagency Questions
and Answers Regarding Community Reinvestment based on the proposal
issued on September 10, 2014, addressing alternative systems for delivering
retail banking services; community development-related issues; and
the qualitative aspects of performance, including innovative or flexible
lending practices and the responsiveness and innovativeness of an
institution’s loans, qualified investments, and community development
services.
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The agencies are clarifying nine of the ten proposed questions and
answers (Q&A), revising four existing Q&As for consistency,
and adopting two new Q&As. The agencies are not adopting one of
the proposed revisions to guidance that addressed the availability
and effectiveness of retail banking services. Finally, the agencies
are making technical corrections to the Q&As to update cross-references
and remove references related to the Office of Thrift Supervision
as obsolete. The agencies are publishing all of the new and revised
Q&As, as well as those Q&As that were published in 2010 and
2013 and that remain in effect in this final guidance. The final new
and revised Interagency Questions and Answers became effective July
25, 2016 (Interagency Questions and Answers Regarding Community Reinvestment
at 6-1265, Docket OP-1497), the same day they were published
in the Federal Register. Procedural and Organizational Rules Rules of Practice for Hearings
The Board
issued an interim final rule amending its rules of practice and procedure
to adjust the amount of each civil monetary penalty provided by law
within its jurisdiction to account for inflation as required by the
Federal Civil Penalties Inflation Adjustment Act Improvements Act
of 2015. The interim final rule became effective August 1, 2016 (Rules
of Practice for Hearings at
8-043, Docket
R-1543) and was published in the
Federal Register on July
20, 2016.
Tables and Indexes
Included in this transmittal are revised finding tables
and citation indexes reflecting all changes since the last revision
that was issued in September 2015 (transmittal 415).
Proposed Rules
The Board, Consumer Financial Protection Bureau (CFPB), and OCC published
proposed rules amending the official interpretations for their regulations
that implement section 129H of the Truth in Lending Act (TILA). Section
129H of TILA establishes special appraisal requirements for “higher-risk
mortgages,” termed “higher-priced mortgage loans” or “HPMLs” in the
agencies’ regulations.
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The Board, CFPB, FDIC, Federal Housing Finance Agency, National
Credit Union Administration, and OCC issued joint final rules implementing
these requirements, effective January 18, 2014. The agencies’ rules
exempted, among other loan types, transactions of $25,000 or less,
and required that this loan amount be adjusted annually based on any
annual percentage increase in the Consumer Price Index for Urban Wage
Earners and Clerical Workers (CPI-W). If there is no annual percentage
increase in the CPI-W, the Board, CFPB, and OCC will not adjust this
exemption threshold from the prior year. The proposal would memorialize
this as well as the agencies’ calculation method for determining the
adjustment in years following a year in which there is no annual percentage
increase in the CPI-W. Comments on this notice of proposed rulemaking
must be received by September 6, 2016 (Docket R-1443).
The Board and CFPB are proposing to amend the
official interpretations and commentary for the agencies’ regulations
that implement the Consumer Leasing Act (CLA).
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The Dodd-Frank Wall Street Reform
and Consumer Protection Act (Dodd-Frank Act) amended the CLA by requiring
that the dollar threshold for exempt consumer credit transactions
be adjusted annually by the annual percentage increase in the CPI-W.
If there is no annual percentage increase in the CPI-W, the Board
and CFPB will not adjust this exemption threshold from the prior year.
The proposal would memorialize this as well as the agencies’ calculation
method for determining the adjustment in years following a year in
which there is no annual percentage increase in the CPI-W. Comments
on this notice of proposed rulemaking must be received by September
6, 2016 (Docket R-1545).
The Board and CFPB are proposing to amend the official
interpretations and commentary for the agencies’ regulations that
implement TILA.
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The Dodd-Frank Act amended TILA by requiring that the dollar threshold
for exempt consumer credit transactions be adjusted annually by the
annual percentage increase in the CPI-W. If there is no annual percentage
increase in the CPI-W, the Board and CFPB will not adjust this exemption
threshold from the prior year. The proposal would memorialize this
as well as the agencies’ calculation method for determining the adjustment
in years following a year in which there is no annual percentage increase
in the CPI-W. Comments on this notice of proposed rulemaking must
be received by September 6, 2016 (Docket R-1546).