August 2016Transmittal 426
Effective: 8/1/2016
Banks and Banking Policy Statements
The Board,
the Federal Deposit Insurance Corporation, the National Credit Union
Administration, and the Office of the Comptroller of the Currency
(collectively, “the agencies”) issued on June 17, 2016, a
Joint
Statement on the New Accounting Standard on Financial Instruments—Credit
Losses.
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The guidance provides supervised institutions with initial information
and supervisory views on the new accounting standard for credit losses
issued by the Financial Accounting Standards Board. The new accounting
standard replaces the existing incurred loss methodology for estimating
allowances with a current expected credit losses methodology. While
the standard applies to institutions of all asset sizes, the agencies
believe the new accounting standard can be implemented in a manner
appropriate to an institution’s asset size and complexity (Guidance, Allowance for Loan and Lease Losses at 3-1488).
The Board issued updated supervisory
guidance on June 8, 2016.
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Supervisory Guidance for Assessing
Risk Management at Supervised Institutions with Total Consolidated
Assets of Less Than $50 Billion outlines core risk categories
and risk-management principles, and provides clarification on and
distinguishes supervisory expectations for the roles and responsibilities
of the board of directors and senior management for an institution’s
risk management (Guidance, Risk Management
at 3-1579.243).Bank Secrecy
Act Regulations
The Financial Crimes Enforcement
Network (FinCEN), a bureau of the Department of the Treasury, published
a notice of finding in the
Federal Register on July 22, 2014,
that reasonable grounds exist for concluding that FBME Bank Ltd. (FBME),
formerly known as the Federal Bank of the Middle East Ltd., is a financial
institution of primary money laundering concern pursuant to section
311 of the USA PATRIOT Act.
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On the same date, FinCEN also
published in the Federal Register a notice of proposed rulemaking
to propose the imposition of a special measure authorized by section
311 against FBME and opened a comment period that closed on September
22, 2014. On July 29, 2015, FinCEN published in the Federal Register a final rule imposing the fifth special measure, which the United
States District Court for the District of Columbia subsequently enjoined
before the rule’s effective date of August 28, 2015. FinCEN is issuing
this final rule imposing a prohibition on U.S. financial institutions
from opening or maintaining a correspondent account for, or on behalf
of, FBME in place of the rule published on July 29, 2015. The final
rule became effective July 29, 2016 (Department of the Treasury, Financial
Crimes Enforcement Network at 3–1700) and
was published in the Federal Register on March 31, 2016.
FinCEN issued final rules under the Bank Secrecy Act to
clarify and strengthen customer due diligence requirements for: banks;
brokers or dealers in securities; mutual funds; and futures commission
merchants and introducing brokers in commodities. The rules contain
explicit customer due diligence requirements and include a new requirement
to identify and
verify the identity of beneficial owners
of legal entity customers, subject to certain exclusions and exemptions.
Covered financial institutions must comply with these rules by May
11, 2018. The final rules became effective July 11, 2016 (Department
of the Treasury, Financial Crimes Enforcement Network at
3–1700) and were published in the
Federal Register on May 11, 2016.
FinCEN is amending the regulations under the Bank Secrecy
Act to adjust the maximum amount or range, as set by statute, of certain
civil monetary penalties within its jurisdiction to account for inflation.
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This action is being
taken to implement the requirements of the Federal Civil Penalties
Inflation Adjustment Act of 1990, as further amended by the Federal
Civil Penalties Inflation Adjustment Act Improvements Act of 2015.
The interim final rule became effective August 1, 2016 (Department
of the Treasury, Financial Crimes Enforcement Network at 3–1700) and was published in the Federal Register on June 30, 2016. Consumer and Community Affairs CFPB’s Regulation Z
The
Consumer Financial Protection Bureau (CFPB) issued a final rule amending
the regulatory text and official interpretations for Regulation Z,
which implements the Truth in Lending Act (TILA).
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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 Wall Street Reform
and Consumer Protection Act. 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 becomes effective January
1, 2017, except for the amendment to section 1026.52(b)(1)(ii)(B)
which became effective June 27, 2016 (Consumer Financial Protection
Bureau, Regulation Z at 6–5600) and
was published in the Federal Register on June 27, 2016. Procedural and Organizational Rules Systems of Records of the Federal Reserve
System
The Board is modifying a system of
records, BGFRS-1 (FRB-Recruiting and Placement Records), to account
for a new electronic system that Board staff will use to identify,
track, screen, and select for certain positions at the Board. In connection
with the implementation, the Board is amending the system of records
to update the location and manager, the categories of records, the
access controls, the retention period, and the record source categories,
and to identify the authority more specifically.
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The Board is not adding or deleting
any routine uses or changing the exemptions claimed for this system
of records. Comments on this notice of amended system of records must
be received by July 20, 2016. The amended system of records will become
effective August 1, 2016, unless comments dictate otherwise (Systems
of Records of the Federal Reserve System at 8-333, Docket
OP-1541). This notice of amended system of records was published in
the Federal Register on June 20, 2016.
The Board is modifying a system of records, BGFRS-39 (FRB-General
File of the Community Advisory Council), to correct the legal authority
cited for maintenance of the system and to clarify the types of records
that are maintained about a member’s service on the Community Advisory
Council.
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The
amended system of records became effective May 3, 2016 (Systems of
Records of the Federal Reserve System at 8-333, Docket
OP-1511). This notice of amended system of records was published in
the Federal Register on March 24, 2016.