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How to add predictive analytics into your risk program. Risk reports are often limited to historical insights and issues and do not provide guidance and insights into the future of the organization. Adding predictive analytics can allow your organization to detect emerging risks and create mitigation plans. This can be achieved by combining internal and external key risk indicators (KRIs) and key performance indicators (KPIs) with regulatory intelligence. This ensures that risk reports can detect more issues and highlight areas of concern. Click here to learn more.

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CFPB to assess TRID rule

The CFPB has announced it is requesting public comment on an assessment it will conduct on the TRID Rule.

As part of its assessment, the Bureau stated it intends to address the TRID Rule’s effectiveness in meeting the purposes and objectives of Title X of the Dodd-Frank Act, the specific goals of the rule, and other relevant factors. Section 1022(d) of the Dodd-Frank Act requires the Bureau to publish a report of its assessment within five years after the effective date of the rule being assessed (the TRID Rule became effective on October 3, 2015).

The public is invited to comment on the feasibility and effectiveness of the assessment plan, recommendations to improve the assessment plan, and recommendations for modifying, expanding, or eliminating the TRID Rule, among other questions. The comment period will open upon publication of the notice in the Federal Register [expected on November 22] and will close on January 21, 2020.


Fed announces annual reserves exemption amount

The Federal Reserve Board has announced the annual indexing of the reserve requirement exemption amount and the low reserve tranche. These amounts are used in the calculation of reserve requirements for depository institutions. The Board also announced the annual indexing of nonexempt deposit cutoff and the reduced reporting limit.

For net transaction accounts in 2020, the first $16.9 million, up from $16.3 million in 2019, will be exempt from reserve requirements. A 3 percent reserve ratio will be assessed on net transaction accounts over $16.9 million up to and including $127.5 million, up from $124.2 million in 2019. A 10 percent reserve ratio will be assessed on net transaction accounts in excess of $127.5 million.

The new low reserve tranche and reserve requirement exemption amount will apply to the 14-day reserve maintenance period that begins January 16, 2020. For depository institutions that report deposit data weekly, this maintenance period aligns with the 14-day computation period that begins Tuesday, December 17, 2019. For depository institutions that report deposit data quarterly, this maintenance period aligns with the seven-day computation period that begins Tuesday, December 17, 2019.

[Editor's Note: The table appearing in the Board's Federal Register submission document is missing the information on the reserve requirement for net transaction accounts in excess of $127.5 million. We have contacted the Federal Reserve Board staff to call that to their attention. We have calculated that the reserve amount on the missing line should be $3,318,000 plus 10% of the amount over $127.5 million.]


FDIC proposes two new rules

The FDIC’s Board of Directors has proposed two new rules:

  • Withdrawal and reenactment of 12 CFR part 303 subpart L (Applications Under Section 19 of the Federal Deposit Insurance Act) and amendment of 12 CFR part 308, subpart M (Procedures and Standards Applicable to Applications Pursuant to Section 19 of the FDIA) to formalize a longstanding agency policy related to individuals seeking to work in the banking industry with minor criminal offenses. The FDIC released a Fact Sheet on the proposal.
  • Amendments to 12 CFR part 331 (Federal Interest Rate Authority) to clarify the Federal law governing interest rates state banks may charge their customers by addressing marketplace uncertainty in the wake of a 2015 court ruling that called into question the enforceability of interest rate terms following the sale or assignment of a loan originated by a national bank to a third-party non-bank. A Fact Sheet on this proposal was also released.

Comments on both proposed rules will be accepted for 60 days following publication in the Federal Register.

Press releases:


Final rule on calculation of counterparty risk

A final rule updating how certain banking organizations are required to measure counterparty credit risk for derivative contracts under their regulatory capital rules has been jointly announced by the Federal Reserve, FDIC, and OCC. The final rule implements the "standardized approach for measuring counterparty credit risk," also known as SA-CCR and will replace the "current exposure methodology" for large, internationally active banking organizations, while other, smaller banking organizations may voluntarily adopt SA-CCR.

The rule, which will affect OCC regulations at 12 CFR parts 3 and 32, Federal Reserve Regulation Q (12 CFR part 217), and FDIC regulations at 12 CFR part 324, will be effective April 1, 2020, with a mandatory compliance date of January 1, 2022, for advanced approaches banking organizations.


Final rule on treatment of HVCRE

The Federal Reserve, FDIC, and OCC have finalized a rule to modify the treatment of high volatility commercial real estate (HVCRE) exposures as required by the Economic Growth, Regulatory Relief, and Consumer Protection Act. The final rule clarifies certain terms contained in the HVCRE exposure definition, generally consistent with their usage in the Call Report instructions. The rule also clarifies the treatment of credit facilities that finance one- to four-family residential properties and the development of land, which is substantially similar to the proposal issued in July. Additionally, in response to comments on that proposal, the final rule provides banking organizations with the option to maintain their current capital treatment for acquisition, development, or construction loans originated between January 1, 2015, and the effective date of the final rule, April 1, 2020.

The rule affects OCC regulations at 12 CFR part 3, Federal Reserve Regulation Q (12 CFR part 217) and FDIC regulations at 12 CFR part 324.


Regulators finalize changes to supplementary leverage ratio

The federal bank regulatory agencies (Fed, FDIC, and OCC) have finalized changes to a capital requirement for banking organizations predominantly engaged in custodial activities, as required by the Economic Growth, Regulatory Relief, and Consumer Protection Act (EGRRCPA). The final rule is unchanged from the proposal issued for public comment in April 2019. It will be effective April 1, 2020.

Based on current data, only The Bank of New York Mellon Corporation, Northern Trust Corporation, and State Street Corporation, together with their depository institution subsidiaries, would be affected by the rule.


State updates Cuba Restricted List

The Department of State has published an update [84 FR 63953] to its List of Restricted Entities and Subentities Associated with Cuba (the Cuba Restricted List) with which direct financial transactions are generally prohibited under the Cuban Assets Control Regulations (CACR). The updated list is effective November 19, 2019.


OFAC designates ISIS support networks

On Monday, OFAC designated two Turkey-based Islamic State of Iraq and Syria (ISIS) procurement agents and four ISIS-linked companies operating in Syria, Turkey, and across the Persian Gulf and Europe for providing critical financial and logistical support to ISIS. Additionally, Treasury is acting against an Afghanistan-based organization, Nejaat Social Welfare Organization, for using false charitable pretenses as a cover to facilitate the transfer of funds and support the activities of the terrorist group’s branch in Afghanistan, ISIS – Khorasan (ISIS-K). Treasury also took action against two senior officials affiliated with this organization.

These targets have been designated pursuant to Executive Order 13224, which targets terrorists and those who have materially assisted, sponsored, or supported terrorists. Identity information for the five entities and four individuals designated on Monday can be found in BankersOnline's OFAC Update.


GA apartment owners settle HUD racial harassment claim

The Department of Housing and Urban Development has announced it has reached an $80,000 Conciliation/Voluntary Compliance Agreement with Oglethorpe Square Apartments, LP, of Savannah, Georgia, and Gene B. Glick Company, Inc., of Indianapolis, Indiana. The agreement settles allegations that the owners and management agent for the Woods of Savannah apartment complex subjected African-American tenants at the property to repeated instances of racial harassment by white tenants, which included verbal attacks and physical assaults.


Volcker Rule amendment published

In October, the federal bank regulatory agencies and others approved amendments to the Volcker Rule ("Prohibitions and Restrictions on Proprietary Trading and Certain Interests in, and Relationships With, Hedge Funds and Private Equity Funds”). Those amendments were published [84 FR 61974] yesterday in the Federal Register with an effective date of January 1, 2020, and a compliance date for financial institutions of January 1, 2021.


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