March 2024Transmittal 517
Effective: 3/1/2024
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 as mandated by the Federal Civil Penalties
Inflation Adjustment Act of 1990, as amended.
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This rule adjusts certain maximum
civil monetary penalties within the jurisdiction of FinCEN to the
amounts required by that act. The final rule is effective January
25, 2024 (Department of the Treasury, Financial Crimes Enforcement Network), the same day it was published in the Federal Register.FinCEN is promulgating regulations
regarding access by authorized recipients to beneficial ownership
information (BOI) that will be reported to FinCEN pursuant to section
6403 of the Corporate Transparency Act (CTA), enacted into law as
part of the Anti-Money Laundering Act of 2020, which is itself part
of the National Defense Authorization Act for Fiscal Year 2021.
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The regulations
implement the strict protocols required by the CTA to protect sensitive
personally identifiable information reported to FinCEN and establish
the circumstances in which specified recipients have access to BOI,
along with data protection protocols and oversight mechanisms applicable
to each recipient category. The disclosure of BOI to authorized recipients
in accordance with appropriate protocols and oversight will help law
enforcement and national security agencies prevent and combat money
laundering, terrorist financing, tax fraud, and other illicit activity,
as well as protect national security. The final rule is effective
February 20, 2024 (Department of the Treasury, Financial Crimes Enforcement Network) and was published in the Federal Register on December 22, 2023.Procedural and Organizational Rules
Rules
of Practice for Hearings
The Board issued a final rule amending
its rules of practice and procedure to adjust the amount of each civil
money 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.
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The final rule is effective
January 12, 2024 (Procedural and Organizational Rules, Rules of Practice for Hearings, Docket R–1827), the same day
it was published in the Federal Register.Proposed Rules
On November 14, 2023, the Board published in the
Federal Register a proposal that would
update all three components of Regulation II’s interchange fee cap
based on the latest data reported to the Board by large debit card
issuers, update the interchange fee cap every other year going forward
by directly linking the interchange fee cap to data from the Board’s
biennial survey of large debit card issuers, and implement a set of
technical revisions to the regulation.
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The proposal provided for a
comment period ending on February 12, 2024. The Board is extending
the comment period for 90 days. Further, additional data concerning
the proposed new methodology for determining the base component of
the interchange fee cap are being made available on the Board’s website.
Comments on this notice of proposed rulemaking must be received by
May 12, 2024 (Docket R–1818).