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Top Story Compliance Related

03/02/2021

FEMA schedules community suspensions from flood program

FEMA has scheduled for publication [https://www.federalregister.gov/d/2021-04111] in the March 2, 2021, Federal Register a notice that communities in Florida, Minnesota, Missouri and Ohio have been scheduled for suspension from the National Flood Insurance Program on March 9, 2021, for noncompliance with the floodplain management requirements of the program. The communities listed are:

  • Florida: Port St. Joe and unincorporated areas of Gulf County
  • Minnesota: Plummer and unincorporated areas of Red Lake County
  • Missouri: Unincorporated areas of St. Charles County
  • Ohio: Amherst, Avon Lake, Defiance, Lorain, Sheffield, Sheffield Lake, Vermilion, and unincorporated areas of Lorain County

If FEMA receives before March 9 the required documentation that a listed community has adopted the floodplain management requirements, the community will not be suspended.

03/01/2021

FDIC posts 2nd and 3rd quarter CRA exam schedules

The FDIC has posted CRA examination schedules for the second and third quarters of 2021.

03/01/2021

IRS reminder to businesses to file Form 8300

The IRS has issued a reminder to businesses of their responsibility to file Form 8300, Report of Cash Payments Over $10,000 and encourages e-filing to help them file accurate, complete forms. Although many cash transactions are legitimate, information reported on Form 8300 can help stop those who evade taxes, profit from drug trading, engage in terrorist financing and conduct other criminal activities. The government can often trace money from these illegal activities through payments reported on complete, accurate forms.

To help businesses prepare and file reports, the IRS created a video on How to Complete Form 8300 – Part I, Part II. The short video points out sections of Form 8300 in which the IRS commonly finds mistakes and explains how to accurately complete those sections.

03/01/2021

U.S. sanctions former Saudi official and Rapid Intervention Force

OFAC has sanctioned Ahmad Hassan Mohammed al Asiri, Saudi Arabia’s former Deputy Head of General Intelligence Presidency, and Saudi Arabia’s Rapid Intervention Force in connection with the 2018 murder of journalist Jamal Khashoggi. The designations were made pursuant to Executive Order 13818, which builds upon and implements the Global Magnitsky Human Rights Accountability Act and targets perpetrators of serious human rights abuse and corruption around the world. Identity information can be found in BankersOnline's OFAC Update.

02/26/2021

FFIEC BSA/AML Exam Manual updates

The Federal Financial Institutions Examination Council (FFIEC) has released updates to four sections of the FFIEC Bank Secrecy Act/Anti-Money Laundering (BSA/AML) Examination Manual:

The updates should not be interpreted as new instructions or as a new or increased focus on certain areas; instead, they offer further transparency into the examination process and support risk-focused examination work.

The Manual provides instructions to examiners for assessing the adequacy of a bank’s or credit union’s BSA/AML compliance program and its compliance with BSA regulatory requirements. The Manual itself does not establish requirements for banks; such requirements are found in statutes and regulations.

02/26/2021

FATF Plenary Meeting report

The Treasury Department has announced that the Financial Action Task Force (FATF) concluded its second plenary meeting during the German FATF presidency, its third virtual plenary since the start of the ongoing COVID-19 pandemic. The FATF advanced its work on several important issues, including finalizing a non-public report on terrorist financing and agreeing to seek public comment on updated guidance documents on virtual assets and proliferation finance.

02/25/2021

OCC CRA evaluation schedules announced

The OCC has released its schedule of Community Reinvestment Act (CRA) evaluations to be conducted in the second and third quarters of 2021.

02/25/2021

Discrimination charge against PA housing provider

The Department of Housing and Urban Development has announced charges against Perry Homes, Inc., and Whittington and Whittington, doing business as Perry Homes, with violating the Fair Housing Act by refusing to allow assistance animals in rental properties in Harmony, Cranberry Township, and Zelienople, Pennsylvania. HUD's charge specifically alleges that rental agents for Perry Homes told fair housing testers posing as prospective tenants with disabilities that they could accept service animals but were not permitted to accept “emotional support” animals.

02/25/2021

FinCEN issues advisory on crimes targeting EIPs

FinCEN has issued Advisory FIN-2021-A002, on Financial Crimes Targeting COVID-19 Economic Impact Payments [a/k/a "Stimulus Payments"]. The Advisory contains descriptions of EIP fraud, associated red flag indicators, and information on reporting suspicious activity. It is part of a series published by FinCEN on COVID-19-related frauds and criminal activity. Additional COVID-19-related information is located on FinCEN’s website at https://www.fincen.gov/coronavirus.

02/24/2021

CFPB reconsidering QM rules

The Bureau has released a statement [scheduled for Federal Register publication on 2/26/2021] on the mandatory compliance date of the General QM Final Rule and possible reconsideration of that rule and the Seasoned QM Final Rule.

The Bureau is considering whether to initiate a rulemaking to revisit the Seasoned QM Final Rule. If the Bureau decides to do so, it expects that it will consider in that rulemaking whether any potential final rule revoking or amending the Seasoned QM Final Rule should affect covered transactions for which an application was received during the period from March 1, 2021, until the effective date of such a final rule.

The Bureau also expects to issue shortly a proposed rule that would delay the July 1, 2021, mandatory compliance date of the General QM Final Rule. If such a proposed rule were finalized, creditors would be able to use either the current General QM loan definition or the revised General QM loan definition for applications received during the period from March 1, 2021, until the delayed mandatory compliance date. Furthermore, the Bureau anticipates that the Temporary GSE QM loan definition will remain in effect until the new mandatory compliance date, except that the Temporary GSE QM loan definition would expire with respect to a GSE if that GSE ceases to operate under conservatorship prior to the new mandatory compliance date.

The Bureau will consider at a later date whether to initiate another rulemaking to reconsider other aspects of the General QM Final Rule. Acting Director Dave Uelio discussed the two rules and the Bureau's plans in a Bureau Blog post yesterday.

The CFPB also posted an update of its small entity compliance guide for the ATR/QM rule, to include the latest amendments to the rule.

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