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Top Story Compliance Related

12/23/2019

FDIC grants Part 370 exceptions

The FDIC has published [84 FR 70527] a notice, in accordance with its rule regarding recordkeeping for timely deposit insurance determination (12 CFR Part 370), it is providing notice to covered institutions that it has granted a time-limited exception concerning the requirement to maintain official custodian information in deposit account records for government deposit accounts, a time-limited exception concerning the requirement to maintain accurate beneficiary information in deposit account records for informal revocable trust accounts, and an indefinite exception concerning the requirement to maintain certain identifying information for beneficial owners of deposits in low balance, short-term prepaid card accounts. The grants of exception relief were made to specific institutions, and were effective November 26, 2019.

12/23/2019

Extension for comments on consumer reporting accuracy

The FTC and the CFPB have extended the deadline to submit comments on issues affecting the accuracy of consumer reports until January 31, 2020. Comments are requested on issues affecting the accuracy of both traditional credit reports and employment and tenant background screening reports. Comments were originally due by January 10, 2020.

12/23/2019

FDIC updates manual

FDIC FIL-84-2019 announces that the FDIC Division of Risk Management Supervision has updated the Risk Management Manual of Examination Policies (Manual) by inserting as new section 22.1 in Part VI, Appendix: Examination Processes and Tools, Examination Documentation Modules. The Examination Documentation Modules were developed in 1997 to provide examiners with tools to identify and assess the range of matters considered during examination activities, and they are updated periodically. The Modules direct examiners to use a risk-focused approach in conducting examination activities, thereby facilitating an efficient and effective supervisory program.

12/23/2019

CAMELS comments request deadline extended

The FDIC and Fed have announced an extension until February 28, 2020, of the deadline for comments on a request for information on their use of the Uniform Financial Institutions Rating System, also known as the CAMELS rating system. The agencies extended the comment period to allow interested persons more time to analyze the issues and prepare their comments, which were originally due by December 30, 2019.

12/23/2019

Comment period reopened for proposed Swap Margin Rule

The Fed, FDIC, OCC, Farm Credit Administration, and the Federal Housing Finance Agency have announced they will reopen and extend until January 23, 2020, the comment period on a proposal to change the swap margin rules to facilitate the implementation of prudent risk management strategies at certain banks and swap entities. The agencies extended the comment period to allow interested persons more time to analyze the issues and prepare their comments, which were originally due by December 9, 2019.

12/23/2019

New Ukraine-/Russia related FAQ

OFAC has issued a new Ukraine-/Russia-related FAQ concerning implementation of section 7503(d) of the National Defense Authorization Act of 2020, also known as the Protecting Europe's Energy Security Act of 2019. "Parties that have knowingly sold, leased, or provided vessels that are engaged in pipe laying at depths of 100 feet or more below sea level for the construction of Nord Stream 2 or Turkstream must ensure that such vessels immediately cease construction-related activity. Notwithstanding the above, good-faith wind-down exceptions may be made for the safety of the pipeline or safety and care of the crew aboard the vessel, the protection of human life, or maintenance to avoid any environmental or other significant damage, as further described in Section 7503(e)."

12/23/2019

OFAC sanctions Malian nationals

Treasury has announced that OFAC has sanctioned five Malian individuals for threatening the peace, security, or stability of Mali, as well as an individual obstructing humanitarian assistance.The individuals were also designated by the UN Security Council Mali Sanctions Committee for an asset freeze, which obligates all UN Member States to freeze assets in their territories that are owned or controlled by these five individuals. The Committee had earlier imposed a travel ban on these individuals.

For the designated individuals' names and identification information, see BankersOnline's OFAC Update

12/23/2019

OCC announces enforcement actions

The OCC has released a new list of enforcement actions taken against national banks, federal savings associations, and individuals currently and formerly affiliated with such institutions.

  • Mutual of Omaha Bank and a subsidiary were assessed a penalty for violations of the Flood Disaster Protection Act and implementing regulations.
  • a Fairfield, Iowa, bank was issued a consent cease and desist order
  • An executive director and a managing director of JPMorgan Chase Bank, N.A., Columbus, Ohio, were suspended from their positions at the bank and prohibited from further participation in the affairs of the bank or any other depository institution, pending final disposition of criminal proceedings alleging commodities fraud.

12/20/2019

Written Agreement with Société Générale

The Federal Reserve Board has announced the execution of a Written Agreement with Société Générale S.A., Paris, France, and Société Générale, New York Branch, New York, New York. The Federal Reserve Bank of New York previously identified deficiencies in the Bank’s U.S. compliance risk management program, including but not limited to the compliance risk assessment process and compliance testing and monitoring function. The Bank is taking steps to address deficiencies relating to its compliance with the Affiliate Transaction Requirements.

12/20/2019

Final Opportunity Zones tax regs issued

Treasury has announced the IRS has issued final regulations implementing the Opportunity Zones tax incentive. Opportunity Zones, created by the Tax Cuts and Jobs Act, offer capital gains tax relief for investments in economically distressed areas. An FAQ was also issued

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