January 2017Transmittal 431
Effective: 1/1/2017
Banks and Banking Regulation I
The Board is adopting,
in final form and without change, an interim final rule amending Regulation
I. The final rule establishes procedures for payment of dividends
by the Federal Reserve Banks to implement the provisions of section
32203 of the Fixing America’s Surface Transportation Act.
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The final rule sets
out the dividend rates applicable to Reserve Bank depository institution
stockholders and amends provisions of Regulation I regarding treatment
of accrued dividends when a Reserve Bank issues or cancels Federal
Reserve Bank capital stock. The final rule is effective January 1,
2017 (Regulation I at 3-460, Docket R-1533) and was published in the Federal Register on November 23, 2016.Bank Secrecy
Act Regulations
The Financial Crimes Enforcement
Network (FinCEN), a bureau of the Department of the Treasury, issued
this final rule to prohibit U.S. financial institutions from opening
or maintaining a correspondent account for, or on behalf of, North
Korean banking institutions.
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The rule further prohibits U.S.
financial institutions from processing transactions for the correspondent
account of a foreign bank in the United States if such a transaction
involves a North Korean financial institution, and requires institutions
to apply special due diligence to guard against such use by North
Korean financial institutions. The final rule is effective December
9, 2016 (Department of the Treasury, Financial Crimes Enforcement
Network at 3-1700) and was published in the Federal Register on November 9, 2016. Consumer and Community Affairs Regulation M and CFPB’s Regulation M
The
Board and the Consumer Financial Protection Bureau (CFPB) are finalizing
amendments to the official interpretations and commentary for the
agencies’ regulations that implement the Consumer Leasing Act (CLA).
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 leases be adjusted annually by the annual percentage increase
in the Consumer Price Index for Urban Wage Earners and Clerical Workers
(CPI-W).
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If
there is no annual percentage increase in the CPI-W, the Board and
the CFPB will not adjust this exemption threshold from the prior year.
The final rule memorializes 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. Based on
the CPI-W in effect as of June 1, 2016, the exemption threshold will
remain at $54,600 through 2017. The final rule is effective January
1, 2017 (Regulation M at 6-500 and Consumer Financial Protection Bureau,
Regulation M at 6-5500, Docket R-1545) and was published in the Federal Register on November 30, 2016. Regulation Z and CFPB’s Regulation
Z
The Board, the CFPB, and the Office of the
Comptroller of the Currency (OCC) are finalizing amendments to 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.
The Board, the CFPB, the Federal Deposit Insurance Corporation, the
Federal Housing Finance Agency, the National Credit Union Administration,
and the OCC (collectively, “the agencies”) issued joint final rules
implementing these requirements, effective January 18, 2014.
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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 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 final rule will 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. Based on the CPI-W in effect as of June 1,
2016, the exemption threshold will remain at $25,500 through 2017.
The final rule is effective January 1, 2017 (Regulation Z at 6-600
and Consumer Financial Protection Bureau, Regulation Z at 6-5600,
Docket R-1443) and was published in the Federal Register on
November 30, 2016.
The Board and the CFPB are finalizing amendments to the
official interpretations and commentary for the agencies’ regulations
that implement TILA. 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.
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If there is no annual
percentage increase in the CPI-W, the Board and the CFPB will not
adjust this exemption threshold from the prior year. The final rule
memorializes 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. Based on the CPI-W
in effect as of June 1, 2016, the exemption threshold will remain
at $54,600 through 2017. The final rule is effective January 1, 2017
(Regulation Z at 6-600 and Consumer Financial Protection Bureau, Regulation
Z at 6-5600, Docket R-1546) and was published in the Federal Register on November 30, 2016.CFPB’s Regulation
C
The CFPB is amending Regulation C to implement
amendments to the Home Mortgage Disclosure Act made by section 1094
of the Dodd-Frank Act. Consistent with section 1094 of the Dodd-Frank
Act, the CFPB is adding several new reporting requirements and clarifying
several existing requirements. The CFPB is also modifying the institutional
and transactional coverage of Regulation C.
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The final rule also provides
extensive guidance regarding compliance with both the existing and
new requirements. The final rule is effective January 1, 2018, except
that the amendment to section 1003.2 in amendatory instruction 3 is
effective January 1, 2017 (Consumer Financial Protection Bureau, Regulation
C at 6-5200) and was published in the Federal Register on October
28, 2015.CFPB’s Regulation Z
The
CFPB issued a final rule amending the regulatory text and official
interpretations for Regulation Z, which implements TILA. The CFPB
is required to calculate annually the dollar amounts for several provisions
in Regulation Z; this final rule revises, as applicable, the dollar
amounts for provisions implementing amendments to TILA under the Credit
Card Accountability Responsibility and Disclosure Act of 2009, the
Home Ownership and Equity Protection Act of 1994, and the Dodd-Frank
Act.
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In addition
to adjusting these amounts, where appropriate, based on the annual
percentage change reflected in the Consumer Price Index in effect
on June 1, 2016, the CFPB is correcting a calculation error pertaining
to the 2016 subsequent violation penalty safe harbor fee. The final
rule is effective January 1, 2017 (Consumer Financial Protection Bureau,
Regulation Z at 6-5600) and was published in the Federal Register on June 27, 2016. Procedural and Organizational
Rules Federal Open Market Committee
At its meeting held on September 20-21, 2016,
the Federal Open Market Committee (FOMC) approved the revision of
the documents governing the Federal Reserve System’s foreign currency
operations, including the Authorization for Foreign Currency Operations
(Foreign Authorization), the Foreign Currency Directive (Foreign Directive),
and the Procedural Instructions with Respect to Foreign Currency Operations
(Procedural Instructions).
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Among the amendments to these
documents was the removal of the definition of and provisions governing
the Foreign Currency Subcommittee from the Foreign Authorization and
their incorporation into the FOMC’s Rules of Organization and Rules
of Procedure, as appropriate. These amendments to FOMC rules are effective
September 20, 2016 (Federal Open Market Committee, Rules of Organization
at 8-800 and Rules of Procedure at 8-805).