September 2020Transmittal 475
Effective: 9/1/2020
The
Board and other Federal Financial Institutions Examination Council
(FFIEC) members issued a joint statement to offer guidance on risk
management, consumer protection principles, and accounting treatment
that institutions may find relevant as they work with their borrowers
who were granted initial loan accommodations due to the pandemic and
now may need additional accommodations.
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For more information, see the Joint Statement on Additional Loan Accommodations Related to COVID-19 on the FFIEC’s website: https://www.ffiec.gov/press/PDF/Statement_for_Loans_Nearing_the_End_of_Relief_Period.pdf.
The FFIEC issued a statement on
behalf of its members to highlight the risks that will result from
the expected discontinuation of the London interbank offered rate
(LIBOR) and to encourage supervised institutions to continue their
efforts to transition to alternative reference rates to mitigate associated
risks.
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For
more information, see the Joint Statement on Managing the LIBOR
Transition on the FFIEC’s website: https://www.ffiec.gov/press/PDF/FFIEC%20Statement%20on%20Managing%20the%20LIBOR%20Transition.pdf. Banks and Banking
Regulation
O
On April 17, 2020, the Board issued an interim
final rule to except certain loans made by June 30, 2020, that are
guaranteed under the Small Business Administration’s Paycheck
Protection Program (PPP) from the requirements of the Federal Reserve
Act and the corresponding provisions of the Board’s Regulation
O.
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The Board
is issuing this interim final rule to expand the exception to apply
to PPP loans made through August 8, 2020. The interim final rule is
effective July 16, 2020 (Regulation O, Docket R-1722), the same day it was published in the Federal
Register. Regulation
KK
The Board, the Farm Credit Administration
(FCA), the Federal Deposit Insurance Corporation (FDIC), the Federal
Housing Finance Agency (FHFA), and the Office of the Comptroller of
the Currency (OCC) adopted an interim final rule amending the agencies’
swap margin rule that requires swap dealers, security-based swap dealers,
major swap participants, and major security-based swap participants
under the agencies’ respective jurisdictions to exchange margin
with their counterparties for swaps that are not centrally cleared.
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Under the swap
margin rule, as amended, initial margin requirements will take effect
under a phased compliance schedule spanning from 2016 through 2020.
In a separate rulemaking, the agencies have extended the phase-in
period to 2021. Due to the COVID-19 pandemic, the agencies are extending
by one year the phases 5 and 6 implementation deadlines for initial
margin requirements from September 1, 2020, to September 1, 2021 (for
phase 5) and from September 1, 2021, to September 1, 2022 (for phase
6). The agencies’ objective is to give covered swap entities
additional time to meet their initial margin requirements under the
rule so as not to hamper any efforts underway to address exigent circumstances
caused by COVID-19. The interim final rule is effective September
1, 2020 (Regulation KK, Docket R-1721) and was published in the Federal Register on July 1, 2020.
The Board, the FCA, the FDIC, the FHFA, and the OCC adopted
a final rule amending the agencies’ swap margin rule that requires
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.
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The swap margin rule as adopted
in 2015 takes effect under a phased compliance schedule spanning from
2016 through 2020, and the entities covered by the rule continue to
hold swaps in their portfolios that were entered into before the effective
dates of the rule. Such swaps are grandfathered from the swap margin
rule’s requirements until they expire according to their terms.
The final rule permits swaps entered into prior to an applicable compliance
date to retain their legacy status in the event that they are amended
to replace an interbank offered rate (IBOR) or other discontinued
rate; modifies initial margin requirements for non-cleared swaps between
affiliates; introduces an additional compliance date for initial margin
requirements; clarifies the point in time at which trading documentation
must be in place; permits legacy swaps to retain their legacy status
in the event that they are amended due to technical amendments, notional
reductions, or portfolio compression exercises; and makes technical
changes to relocate the provision addressing amendments to legacy
swaps that are made to comply with the qualified financial contract
rules. The final rule is effective August 31, 2020 (Regulation KK, Docket R-1682) and was published in the Federal Register on July 1, 2020.