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12/11/2024

IRS reminder on RMDs

The IRS has posted a reminder to individuals aged 73 or older of the deadline to take required minimum distributions (RMDs) from individual retirement arrangements (IRAs) and other retirement plans, and highlighted updates to that requirement introduced in the SECURE 2.0 Act.

If an account owner fails to withdraw the full amount of the RMD by the due date, the owner is subject to a 25% excise tax on the amount not withdrawn. The 25% excise tax rate is reduced to 10% if the error is corrected within two years.

IRA trustees or plan administrators must either report the RMD amount to the account owner or offer to calculate it. Each IRA plan’s RMD must be calculated separately, however owners can withdraw the total required amount from one or more accounts of their choice as long as the annual requirement is met. An IRA trustee or plan administrator may calculate the RMD, but the account owner is ultimately responsible for ensuring the correct RMD is taken.

12/11/2024

Agencies seek comments on regulations for EGRPRA review

The OCC, Federal Reserve Board, and FDIC this morning published [89 FR 99751] a request for comments to inform their review under the Economic Growth and Regulatory Paperwork Reduction Act of 1996 (EGRPRA) of agency regulations to identify outdated or otherwise unnecessary regulatory requirements on insured depository institutions and their holding companies.

This is the third of four such requests for comment on multiple categories of regulations. Today's request seeks comment on regulations in the categories of Rules of Procedure; Safety and Soundness; and Securities. Written comments will be accepted through March 11, 2025.

12/11/2024

Joint statement on EU-U.S. Joint Financial Regulatory Forum

The Department of the Treasury has reported that the EU-U.S. Joint Financial Regulatory Forum took place December 4–5, 2024, with participants exchanging views on topics of mutual interest as part of their regular financial regulatory dialogue. The dialogue was co-chaired by the U.S. Department of the Treasury and the European Commission.

The Forum emphasized close, ongoing U.S. and EU cooperation in a range of areas and focused on seven themes: (1) market developments and financial stability; (2) operational resilience and digital finance; (3) the sharing and financial reporting of financial data; (4) anti-money laundering and countering the financing of terrorism (AML/CFT); (5) sustainable finance; (6) banking and insurance; and (7) capital markets.

12/11/2024

Chinese cybersecurity company and employee sanctioned

The Treasury Department has reported that OFAC has sanctioned cybersecurity company Sichuan Silence Information Technology Company, Limited, and one of its employees, Guan Tianfeng, both based in the People’s Republic of China, for their roles in the April 2020 compromise of tens of thousands of firewalls worldwide. Many of the victims were U.S. critical infrastructure companies.

For identification information on Sichuan Silence and Guan, see yesterday's BankersOnline OFAC Update.

12/10/2024

Fed clarification regarding account access guidelines

The Federal Reserve Board has provided a technical clarification that its account access guidelines also apply to excess balance accounts, known as EBAs. An EBA is a limited-purpose account at a Federal Reserve Bank established for maintaining the reserve balances of eligible institutions. An EBA is managed by an agent on behalf of the participating institutions.

The Board's account access guidelines establish transparent, risk-based, and consistent factors for Reserve Banks to use in reviewing requests for access to accounts and services.

The guidance on excess balance accounts is effective upon its publication in the Federal Register, which is expected shortly.

PUBLICATION UPDATE: Published 12/12/2024 at 89 FR 100495.

12/10/2024

OFAC and State Department designations

The Treasury Department has reported that OFAC has sanctioned one individual and one entity involved in abuses against prisoners held in Houthi-run prisons in Yemen and one individual providing support to Bashar al-Assad, and that the State Department has announced steps to impose visa restrictions on dozens of individuals pursuant to Section 212(a)(3)(C) of the Immigration and Nationality Act, and designated one official under Section 7031(c) of the annual Appropriations Act for involvement in a gross violation of human rights.

Treasury also reported that OFAC has sanctioned 28 individuals and businesses involved in a global gold smuggling and money laundering network based in Zimbabwe, under the authority of Executive Order 13818, which targets perpetrators of serious human rights abuse and corruption around the world.

For the names and identification information of the designated parties, see yesterday's BankersOnline OFAC Update.

12/09/2024

Financial Stability Oversight Council report

On Friday, the Financial Stability Oversight Council unanimously approved its 2024 annual report, which reviews developments in financial markets, identifies vulnerabilities and emerging threats to U.S. financial stability, and makes recommendations to mitigate those vulnerabilities and threats. The report also details the activities of the Council and summarizes significant regulatory developments. The report was developed collaboratively by Council members and their agencies and staffs. Overall, the Council finds that the U.S. financial system remains resilient, though vulnerabilities warrant ongoing vigilance.

The report made recommendations in the following areas:

  • Cybersecurity
  • Depository institutions
  • Third-party service providers
  • Commercial real estate credit risk
  • Digital assets
  • Investment funds

12/09/2024

CFPB establishes supervisory authority over Google Payment Corp.

The CFPB on Friday announced it has published an order establishing supervisory authority over Google Payment Corp. While Google Payment Corp. is already subject to CFPB’s enforcement jurisdiction, the CFPB has determined that Google Payment Corp. has met the legal requirements for supervision. The CFPB is making this order public to provide transparency about how it assesses risks using consumer complaints and other factors.

The CFPB's order does not constitute a finding that the entity has engaged in wrongdoing and does not require the CFPB to conduct a supervisory examination.

CNN reported on Friday that Google has filed suit against the CFPB, challenging the Bureau's decision to place Google Payment Corp. under federal supervision. A Google spokesman was quoted as saying "This is a clear case of government overreach involving Google Pay peer-to-peer payments, which never raised risks and is no longer provided in the U.S., and we are challenging it in court.”

12/09/2024

Results of Fed survey of bank senior financial officers

The Federal Reserve Board has released results of a survey of senior financial officers at banks about their strategies and practices for managing reserve balances. The Senior Financial Officer Survey is used by the Board to obtain information about banks' reserve balance management strategies and practices, their deposit pricing strategies, their expectations for potential changes in both the size and composition of their balance sheets, and their views regarding Federal Reserve facilities.

12/09/2024

CFPB sues Comerica Bank for Direct Express failures

The CFPB has announced it has sued Comerica Bank for "systematically failing its 3.4 million Direct Express cardholders — primarily unbanked Americans receiving federal benefits" on Direct Express prepaid debit cards. The CFPB alleges that Comerica deliberately disconnected 24 million customer service calls, impeding cardholders from exercising their rights under the law, charged illegal ATM fees to over 1 million cardholders, and mishandled fraud complaints while providing federal benefits through the Direct Express prepaid debit card program. The CFPB is asking the court to order Comerica to halt these practices, provide refunds to affected customers, and pay civil penalties that would go to the CFPB's victim relief fund.

The Bureau's complaint against Comerica seeks to stop Comerica’s unlawful conduct, to provide redress for harmed borrowers, and the imposition of a civil money penalty, which would be paid into the CFPB’s victims relief fund.

[Editor's Note:The Treasury Department's Bureau of the Fiscal Service recently announced it has selected Bank of New York Mellon Corporation to be the Financial Agent of the Direct Express program for five years starting January 3, 2025.]

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