April 2020Transmittal 470
Effective: 4/1/2020
The
Board, the Consumer Financial Protection Bureau, the Federal Deposit
Insurance Corporation (FDIC), the National Credit Union Administration,
the Office of the Comptroller of the Currency (OCC), and the Conference
of State Bank Supervisors issued an interagency statement encouraging
financial institutions to work constructively with borrowers affected
by the coronavirus disease 2019 (COVID-19) and providing additional
information regarding loan modifications.
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The agencies view prudent loan
modification programs offered to financial institution customers affected
by COVID-19 as positive and proactive actions that can manage or mitigate
adverse impacts on borrowers, and lead to improved loan performance
and reduced credit risk. For more information, see the Interagency
Statement on Loan Modifications and Reporting for Financial Institutions
Working with Customers Affected by the Coronavirus on the Board’s
website: https://www.federalreserve.gov/newsevents/pressreleases/files/bcreg20200322a1.pdf.
The Board, the FDIC, and the OCC
are encouraging banking organizations to use their capital and liquidity
buffers as they respond to the challenges presented by the effects
of the coronavirus.
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For more information, see the Statement on the Use of
Capital and Liquidity Buffers on the Board’s website: https://www.federalreserve.gov/newsevents/pressreleases/files/bcreg20200317a1.pdf.
The member agencies of the Federal
Financial Institutions Examination Council (FFIEC) recently updated
guidance identifying actions that financial institutions should take
to minimize the potential adverse effects of a pandemic.
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For more information,
see the Interagency Statement on Pandemic Planning on the Board’s
website: https://www.federalreserve.gov/supervisionreg/srletters/SR2003.htm. Monetary Policy and Reserve Requirements
Regulation A
The Board has
adopted final amendments to its Regulation A to reflect the Board’s
approval of a decrease in the rate for primary credit at each Federal
Reserve Bank.
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The secondary credit rate at each Reserve Bank automatically decreased
by formula as a result of the Board’s primary credit rate action.
The final rule is effective March 24, 2020 (Regulation A, Docket R-1700), the same day it was published in the Federal
Register. The rate changes for primary and secondary credit were
applicable on March 16, 2020. Regulation
D
The Board is amending Regulation D (Reserve
Requirements of Depository Institutions) to revise the rate of interest
paid on balances maintained to satisfy reserve balance requirements
(IORR) and the rate of interest paid on excess balances (IOER) maintained
at Federal Reserve Banks by or on behalf of eligible institutions.
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The final amendments
specify that IORR is 0.10 percent and IOER is 0.10 percent, a 1.00
percentage point decrease from their prior levels. The amendments
are intended to enhance the role of IORR and IOER in maintaining the
federal funds rate in the target range established by the Federal
Open Market Committee. The final rule is effective March 24, 2020
(Regulation D, Docket R-1701), the same day it was published in the Federal
Register. The IORR and IOER rate changes were applicable on March
16, 2020.
The Board is amending Regulation D to lower reserve ratios
on transaction accounts maintained at depository institutions to 0
percent. The interim final rule is effective March 24, 2020 (
Regulation D, Docket R-1702), the same day it was published in the
Federal
Register. The changes to reserve requirement ratios were applicable
on March 26, 2020.
Banks and Banking
Bank Secrecy Act Regulations
The U.S. Department of the Treasury’s Financial Crimes Enforcement
Network (FinCEN) issued a final rule to reflect inflation adjustments
to its civil monetary penalties (CMPs) as mandated by the Federal
Civil Penalties Inflation Adjustment Act of 1990, as amended by the
Federal Civil Penalties Inflation Adjustment Act Improvements Act
of 2015 (collectively referred to herein as the “act”).
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This rule adjusts
certain CMPs within the jurisdiction of FinCEN to the maximum amount
required by the act. The final rule is effective February 19, 2020
(Department of the Treasury, Financial Crimes Enforcement Network
at 3-1700), the same day it was published in the Federal Register. Regulation Q
The Board, the
FDIC, and the OCC are adopting a final rule to revise the definition
of “high volatility commercial real estate (HVCRE) exposure” in the
regulatory capital rule.
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This final rule conforms this definition to the statutory
definition of “high volatility commercial real estate acquisition,
development, or construction (HVCRE ADC) loan,” in accordance with
section 214 of the Economic Growth, Regulatory Relief, and Consumer
Protection Act. The final rule also clarifies the capital treatment
for loans that finance the development of land under the revised HVCRE
exposure definition. The final rule is effective April 1, 2020 (Regulation Q, Docket R-1621) and was published in the Federal Register on December 13, 2019.
The Board, the FDIC, and the OCC are issuing a final rule
to implement a new approach—the standardized approach for counterparty
credit risk (SA-CCR)—for calculating the exposure amount of derivative
contracts under these agencies’ regulatory capital rule.
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Under the final
rule, an advanced approaches banking organization may use SA-CCR or
the internal models methodology to calculate its advanced approaches
total risk-weighted assets, and must use SA-CCR, instead of the current
exposure methodology, to calculate its standardized total risk-weighted
assets. A non-advanced approaches banking organization may use the
current exposure methodology or SA-CCR to calculate its standardized
total risk-weighted assets. The final rule also implements SA-CCR
in other aspects of the capital rule. Notably, the final rule requires
an advanced approaches banking organization to use SA-CCR to determine
the exposure amount of derivative contracts included in the banking
organization’s total leverage exposure, the denominator of the supplementary
leverage ratio. In addition, the final rule incorporates SA-CCR into
the cleared transactions framework and makes other amendments, generally
with respect to cleared transactions. The final rule is effective
April 1, 2020 (Regulation Q, Docket R-1629) and was published in the Federal Register on January 24, 2020. The mandatory compliance date for advanced
approaches banking organizations is January 1, 2022.
The Board, the FDIC, and the OCC are issuing
a final rule to implement section 402 of the Economic Growth, Regulatory
Relief, and Consumer Protection Act.
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Section 402 directs these agencies
to amend the regulatory capital rule to exclude from the supplementary
leverage ratio certain funds of banking organizations deposited with
central banks if the banking organization is predominantly engaged
in custody, safekeeping, and asset servicing activities. The final
rule is effective April 1, 2020 (Regulation Q, Docket R-1659) and was published in the Federal Register on January 27, 2020. Holding and
Nonbank Financial Companies
Regulation Y
and Regulation LL
The Board is adopting a final
rule to revise the Board’s regulations related to determinations of
whether a company has the ability to exercise a controlling influence
over another company for purposes of the Bank Holding Company Act
or the Home Owners’ Loan Act.
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The final rule expands the number
of presumptions for use in such determinations. By codifying the presumptions
in the Board’s Regulation Y and Regulation LL, the Board’s rules will
provide substantial additional transparency on the types of relationships
that the Board generally views as supporting a determination that
one company controls another company. The final rule is effective
April 1, 2020 (Regulation Y and Regulation LL, Docket R-1662) and was published in the Federal Register on March 2, 2020.