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OFAC has published a final rule in today’s Federal Register to remove its Zimbabwe Sanctions Regulations (part 541) from 31 C.F.R. chapter V, as a result of the termination of the national emergency on which the regulations were based. The removal of part 541 is effective today.

The Federal Trade Commission has published [89 FR 26760] a final rule with amendments to the Telemarketing Sales Rule (“TSR”) that, among other things, require telemarketers and sellers to maintain additional records of their telemarketing transactions, prohibit material misrepresentations and false or misleading statements in business to business (“B2B”) telemarketing calls, and add a new definition for the term “previous donor.” The amendments are being made to address technological advances and to continue protecting consumers, including small businesses, from deceptive or abusive telemarketing practices.

The amendments are effective May 16, 2024. However, compliance with 16 CFR 310.5(a)(2) — a recordkeeping requirement — is not required until October 15, 2024.

The Commission also published [89 FR 26798] a proposed rulemaking that would extend the coverage of the TSR to inbound telemarketing calls by consumers to technical support services—i.e., calls that consumers make in response to an advertisement through any medium or to a direct mail solicitation. The FTC said the proposed amendment is necessary in light of the widespread deception and consumer injury caused by tech support scams. The amendment would provide the Commission with the ability to obtain stronger relief in cases involving tech support scams, including civil penalties and consumer redress. Comments on the proposed amendments will be accepted through June 17, 2024.

The FDIC has published [89 FR 26881] a notice of its intent to terminate its receiverships of Firstier Bank (Louisville, CO) and Nova Bank (Berwyn, PA) on or after May 16, 2024.

The liquidation of the assets for each receivership has been completed. To the extent permitted by available funds and in accordance with law, the FDIC will be making a final dividend payment to proven creditors.

Yesterday, the Treasury Department reported that OFAC had designated 12 entities and ten individuals under Executive Order 14038. This action built on U.S. sanctions imposed in response to Belarus’s fraudulent August 2020 election, as well as President Alyaksandr Lukashenka’s support for Russia’s illegal full-scale invasion of Ukraine. The action sustains U.S. financial pressure on the Lukashenka regime for its continuing support for Russia’s war against Ukraine and the financial benefit it derives from this activity.

For the names and identification information of the designated individuals and entities, see BankersOnline's April 15, 2024, OFAC Update.

On Friday, the Treasury Department reported that OFAC had taken action against Hamas, targeting Gaza- and Lebanon-based leaders of the terrorist group’s offensive cyber and unmanned aerial vehicle (UAV) operations. Concurrent with this action, the European Union imposed sanctions targeting Hamas.

For the names and identification information of the designated parties, see the April 12, 2024, BankersOnline OFAC Update.

The FDIC on Wednesday released a comprehensive report on how the FDIC would manage the orderly resolution of a large, complex financial company under the Dodd-Frank Act.

In remarks to the Peterson Institute for International Economics in Washington, DC, FDIC Chairman Martin J. Gruenberg presented the Overview of Resolution Under Title II of the Dodd-Frank Act, the most detailed description to date of the FDIC’s preparedness to use its Title II resolution authority in a manner that promotes financial stability and prevents taxpayer bailouts.

The Overview explains how the FDIC would use authorities under Title II of the Act, with a particular focus on how it expects to resolve U.S.-headquartered Global Systemically Important Banking Organizations (GSIBs). In addition, the paper:

• Provides background of resolution-related authorities in the Dodd-Frank Act
• Highlights key measures that facilitate preparation and implementation of resolution under Title II authority
• Reviews strategic decision-making for the use of Title II authority
• Explains how the FDIC expects to carry out a Title II resolution of a U.S. GSIB using a Single Point of Entry resolution strategy

The FDIC has issued FIL-17-2024 with materials and guidance pertaining to the Consolidated Reports of Condition and Income (Call Report) for the March 31, 2024, report date. The FIL also carried attached Supplemental Instructions.

Except for certain institutions with foreign offices, completed Call Reports must be received by Tuesday, April 30, 2024, in accordance with the filing requirements discussed below. An institution with more than one foreign office, other than a “shell” branch or an International Banking Facility, is permitted an additional five calendar days to submit its Call Report data. Such an institution must electronically file its data to the Central Data Repository no later than Sunday, May 5, 2024.

Consumer Compliance Outlook's first issue for 2024 casts a Compliance Spotlight on resources to combat increased check fraud. The article describes resources from the Federal Reserve System, FinCEN, the U.S. Postal Inspection Service, the ABA, and check service providers.

The Federal Reserve Board has announced the execution of:

• a cease and desist order issued with the consent of Mode Eleven Bancorp, the holding company of Summit National Bank, both located in Hulett, Wyoming, related to Bancorp's previous strategy focused on providing banking-related services to financial technology companies through certain nonbank subsidiaries
• a written agreement with Steele Bancshares, Inc., Tyler, Texas, and American State Bank, Arp, Texas, related to identified safety and soundness deficiencies at the bank.

The Treasury Department yesterday reported that OFAC has taken additional action against Iranian military revenue generation, targeting Oceanlink Maritime DMCC for facilitating the shipment of Iranian commodities on behalf of Iran’s Armed Forces General Staff and Ministry of Defense and Armed Forces Logistics. OFAC also identified 13 vessels managed by Oceanlink Maritime DMCC as blocked property.

For identification information on the designated company and vessels, see BankersOnline's April 4, 2024, OFAC Update.