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Top Story Compliance Related

12/15/2020

OFAC announces new sanctions list

OFAC has announced it has made a new Non-SDN Menu Based Sanctions (NS-MBS) List available. The NS-MBS is designed as a reference tool that identifies persons subject to certain non-blocking menu-based sanctions that have been imposed under statutory or other authorities, including certain sanctions described in Section 235 of the Countering America’s Adversaries Through Sanctions Act (CAATSA) and the Ukraine Freedom Support Act of 2014, as amended by CAATSA. When blocking is chosen as a menu-based sanction and imposed on a person, that person is identified solely on the OFAC SDN List. Any other menu-based sanctions imposed on that person are also identified on the SDN List.

In addition, the names of Ismail DEMIR, Mustafe Alper DENIZ, Serhat GENCOGLU, and Faruk YIGIT were added to the SDN List. For identification information, see BankersOnline's OFAC Update.

12/15/2020

NCUA Board meeting agenda

The National Credit Union Administration has published notices of meetings of its Board on December 17 and 18, 2020. On Thursday, December 17, the published agenda includes consideration of NCUA rules and regulations on:

  • Regulatory relief in response to COVID-19
  • Mortgage servicing rights
  • Overdraft policy
  • Subordinated debt

The agenda in the notice for the December 18 meeting includes consideration of:

  • NCUA's Rules and Regulations - Annual operating fee assessment
  • NCUA's 2021-2022 budget
  • Board briefing on NCUA's operating fee schedule and overhead transfer rate

The remainder of the December 18 meeting will be closed to the public.

12/15/2020

FEMA suspending communities in two states on Thursday

FEMA has published a notice at 85 FR 81142 in today's Federal Register identifying communities in Iowa and Wisconsin authorized for the sale of flood insurance under the National Flood Insurance Program that are now scheduled for suspension from the program on December 17 because of noncompliance with the floodplain management requirements of the program.

  • IA: Aplington, Aredale, Butler County (unincorporated areas), Clarksville, Dumont, Greene, New Hartford, Parkersburg, Sheldon, and Shell Rock.
  • WI: Argyle, Belmont, and South Wayne

FEMA's notice reminds the public that notices of scheduled suspensions will no longer be published in the Federal Register as of June 2021, but will be available at www.fema.gov.

12/15/2020

2019 CRA data available

The OCC, Federal Reserve and FDIC have jointly announced the availability of data on small business, small farm, and community development lending reported by certain commercial banks and savings associations, in accordance with the Community Reinvestment Act.

An FFIEC disclosure statement on the reported 2019 CRA data, in electronic form, is available for each reporting commercial bank and savings association. The FFIEC also prepared aggregate disclosure statements of small business and small farm lending for all of the metropolitan statistical areas and non-metropolitan counties in the United States and its territories. These statements are available for public inspection on the FFIEC website (www.ffiec.gov/cra).

12/15/2020

OFAC sanctions Iranian intel officers involved in abduction

The Treasury Department has designated two senior officials of Iran’s Ministry of Intelligence and Security (MOIS) who were involved in the abduction of Robert A. “Bob” Levinson on Iran’s Kish Island on or about March 9, 2007. Senior Iranian officials authorized Levinson’s abduction and detention and launched a disinformation campaign to deflect blame from the Iranian regime. The individuals designated today, Mohammad Baseri and Ahmad Khazai, acted in their capacity as MOIS officers in the abduction, detention, and probable death of Mr. Levinson.

For identity information on Baseri and Khazai, see BankersOnline's OFAC Update.

12/15/2020

FBAR deadline extended again

FinCEN has posted Notice 2020-1 to extend yet again the filing date for certain Report of Foreign Bank and Financial Accounts (FBAR) filings.

Because a proposed rulemaking FinCEN issued on March 10, 2016, which proposes to revise the regulations implementing the Bank Secrecy Act regarding FBARs is not yet finalized, FinCEN is further extending the filing due date to April 15, 2022, for individuals whose filing due date for reporting signature authority was previously extended by Notice 2019-1. This extension applies to the reporting of signature authority held during the 2020 calendar year, as well as all reporting deadlines extended by previous Notices 2019-1, 2018-1, 2017-1, 2016-1, 2015-1, 2014-1, 2013-1, 2012-1 and 2012-2, along with Notices 2011-1 and 2011-2.

For all other individuals with an FBAR filing obligation, the filing due date remains April 15, 2021.

12/14/2020

CFPB Fall 2020 rulemaking agenda

The Bureau has published its Fall 2020 Rulemaking Agenda, which lists the regulatory matters that it expects to focus on for the remainder of 2020 through the spring of 2021. Key among these are:

  • In addition to completing and publishing the October 30, 2020, final rule on debt collection, the Bureau has also engaged in testing of time-barred debt disclosures that were not the focus of the May 2019 proposal. In early 2020, after completing the testing, the Bureau published a supplemental NPRM related to time-barred debt disclosures. The Bureau expects to issue a final rule in December 2020 addressing, among other things, disclosures related to the validation notice and time-barred debt.
  • The Bureau is continuing a rulemaking to address the anticipated expiration of the LIBOR index On Monday, November 30, regulatory authorities in the UK announced that they are considering extending the availability of US$ LIBOR for legacy loan contracts until June 2023 instead of the end of 2021. In light of this development, the Bureau anticipates publishing the final rulemaking on the LIBOR transition later than the January 2021 target identified in the Unified Agenda.
  • The Bureau is participating in interagency rulemaking processes with the Board of Governors of the Federal Reserve System, the Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, the National Credit Union Administration, and the Federal Housing Finance Agency to develop regulations to implement the amendments made by the Dodd-Frank Act to the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA) concerning appraisals. These amendments require implementing regulations for quality control standards for automated valuation models (AVMs). The Agencies will continue to develop a proposed rule to implement the Dodd-Frank Act’s AVM amendments to FIRREA.
  • The Bureau anticipates issuing an NPRM in spring 2021 to consider possible amendments to the Bureau’s mortgage servicing rules to address actions required of servicers working with borrowers affected by natural disasters or other emergencies.
  • The Bureau anticipates publishing two NPRMs in early 2021 concerning possible revisions to the 2015 Home Mortgage Disclosure Act (HMDA). One of these follows an Advance Notice of Proposed Rulemaking in May 2019 concerning certain data points that are required to be reported under the HMDA rule and coverage of certain business or commercial purpose loans, addressing concerns about regulatory burden. The second would address the public disclosure of HMDA data in light of consumer privacy interests, so that stakeholders can concurrently consider and comment on the collection and reporting of data points and public disclosure of those data points. This NPRM will follow up on the Bureau’s 2018 final policy guidance regarding disclosure of the HMDA data. (These proposed rules may not be released by the anticipated February target in the Unified Agenda.)

The Bureau has also added two new items to its long-term agenda. First, the Bureau will weigh feedback from its assessment of the TRID Rule suggesting that modifications of certain aspects of that rule make it more effective. Second, the CFPB has begun research that focuses on providing information to consumers about the costs associated with payday loans. The results of the qualitative testing will inform the Bureau in deciding whether and how to move forward with quantitative testing that might support possible future rulemaking or other actions related to payday loan disclosures.

In August 2020, the Bureau also began its review of Regulation Z rules that implement the CARD Act of 2009, with a focus on an interim final rule and three final rules published by the Federal Reserve Board from July 2009 to April 2011.

12/14/2020

McWilliams remarks at Federal Reserve Bank Supervision Conference

In a presentation at the Federal Reserve Board Conference on Bank Supervision: Past, Present, and Future, FDIC Chairman McWilliams discussed the steps taken by the FDIC in the last two years to improve its supervisory program. She noted the FDIC's task is really quite simple:

  • Foster a technological transformation in the industry we oversee, promoting a safe, dynamic, technology-driven marketplace for financial services;
  • Develop a more dynamic supervision model that improves FDIC effectiveness and promotes financial stability; and
  • Do it all in a manner that reduces unnecessary regulatory burden and cuts compliance costs for banks.

McWilliams said of the agency's current project to leverage technology to engage more regularly and more informally to discuss operations, understanding emerging risks, and resolve questions surrounding new products and services, “When we are successful, this system will reduce the reporting burden for institutions and the compliance costs of an annual examination, while simultaneously providing greater visibility for the FDIC into an institution's financial health and into the health of the entire financial system. And, because we are engaging more regularly, the FDIC will be able to help institutions identify and mitigate risks to financial health or consumers before they become bigger, more challenging problems.”

12/14/2020

FDIC Board meeting tomorrow

The FDIC Board of Directors will hold an open meeting at 10:00 a.m. on Tuesday, December 15, 2020, via a and subsequently made available on-demand approximately one week after the event.

Selected items from the Summary Agenda for the meeting include—

  • Final Rule on Revising the FDIC’s Regulations Concerning Collection of Delinquent Civil Money Penalties.
  • Notice of Proposed Rulemaking on Computer-Security Incident Notification.
  • Notice of Proposed Rulemaking on Additional Exemptions to Suspicious Activity Report Requirements (12 CFR part 353).
  • Final Rules on the Removal and Rescission of Transferred OTS Regulations
  • Combined Final Rule on Brokered Deposits and Interest Rate Restrictions.
  • Final Rule on Parent Companies of Industrial Banks and Industrial Loan Companies.

12/11/2020

Payment processor and CEO pay $1.5M for consumer fraud

The Federal Trade Commission has announced that Complete Merchant Solutions, LLC (CMS) and its former CEO, Jack Wilson, have settled charges that they illegally processed millions of dollars in consumer credit card payments for fraudulent schemes when they knew or should have known that the schemes were defrauding consumers. Those schemes include Apply Knowledge and Tarr, which were ultimately shut down by an FTC enforcement action, and USFIA, which was shut down following an enforcement action by the U.S. Securities and Exchange Commission.

The FTC alleges that CMS and Wilson ignored clear red flags of illegal conduct by those schemes, such as high rates of consumer chargebacks, use of multiple merchant accounts to artificially reduce chargeback rates so as to evade detection by banks and the credit card associations, submission of sham chargeback reduction plans, and the use of merchant accounts to process payments for products and services for which the merchant did not get approval from the bank holding the accounts.

The proposed order requires CMS and Wilson to pay $1.5 million to the FTC for use in providing refunds to harmed consumers. In addition, among other restrictions, CMS and Wilson are banned from acting as a payment processor for any companies that offer “free trials” for nutraceutical products, and prohibited from engaging in credit card laundering and helping clients evade fraud monitoring programs established by financial institutions.

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