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The FDIC Board yesterday announced it has approved a final rule to strengthen resolution planning for insured depository institutions (IDIs) with at least $50 billion in total assets. After careful consideration of comments received, the FDIC issued a final rule that incorporates several changes from the agency’s proposed rule published in September of 2023.

Under the rule announced yesterday, the FDIC will require large banks with total assets of at least $100 billion to submit comprehensive resolution plans that meet enhanced standards to support the FDIC’s ability to undertake an efficient and effective resolution under the Federal Deposit Insurance Act should such an institution fail.

The rule will require IDIs with total assets of at least $50 billion but less than $100 billion to submit more limited “informational filings” to assist in their potential resolution. The agency will not require these institutions to develop a resolution strategy and related valuation information as part of their submissions. These institutions are also exempt from submitting certain strategy-related content requirements regarding the institution’s franchise components.

The new rule strengthens the existing IDI resolution planning framework under 12 CFR § 360.10 by requiring a full resolution submission from most covered IDIs every three years with limited supplements filed in the off years. Covered IDIs affiliated with U.S. global systemically important banking organizations must file a full resolution submission every two years.

The final rule will take effect on October 1, 2024, and the first submissions are expected next year.

• Fact sheet
• FIL-34-2024
• Statement by Acting Comptroller of the Currency Michael J. Hsu
• Statement by CFPB Director Rohit Chopra
• Publication update: Published at 89 FR 56620 in the 7/9/2024 Federal Register

Yesterday, the IRS announced it has issued Notice 2024-55, which provides guidance on exceptions to the additional tax when taking early permissible retirement plan distributions for emergency personal expenses and for victims of domestic abuse.

The notice also provides guidance to applicable eligible retirement plans on the plan requirements relating to emergency personal expense distributions and domestic abuse victim distributions, including that it is optional for a plan to permit these types of distributions.

In addition, the notice provides that the Department of the Treasury and the IRS anticipate issuing regulations on the 10% additional tax (including the exceptions to the 10% additional tax) and request comments relating to the notice. Comments are specifically requested on repayments of certain distributions permitted under section 72(t)(2).

Yesterday, Treasury Secretary Janet L. Yellen announced that OFAC had sanctioned eight Mexico-based targets affiliated with La Nueva Familia Michoacana drug cartel for trafficking fentanyl, cocaine, and methamphetamine into the United States. In addition to narcotics trafficking, La Nueva Familia Michoacana smuggles migrants from Mexico into the United States.

Concurrently, Treasury’s Financial Crimes Enforcement Network (FinCEN) issued a Supplemental Advisory to highlight critical new information to help U.S. banks and other financial institutions guard against activity associated with the illicit fentanyl supply chain. The advisory includes new trends and red flags that can be indicators of activity associated with the procurement of precursor chemicals and manufacturing equipment used for the synthesis of illicit fentanyl and other synthetic opioids. Reporting from financial institutions of suspected financial transactions involving illicit fentanyl and narcotics trafficking plays a key role in law enforcement investigations and Treasury’s sanctions efforts globally.

For the names and identification information of the designated parties, see the June 20, 2024, BankersOnline OFAC Update.

FinCEN has issued a FIN-2024-A002) to alert U.S. financial institutions to new trends in the illicit fentanyl supply chain and urge vigilance in identifying and reporting suspicious activity associated with Mexico-based transnational criminal organizations and their illicit procurement of fentanyl precursor chemicals and manufacturing equipment from People’s Republic of China-based suppliers. The supplemental advisory builds off FinCEN’s 2019 advisory with new typologies and red flags to identify and report suspicious transactions, and fulfills the requirement in Section 3202 of the recently enacted FEND Off Fentanyl Act.

• FinCEN news release
• Treasury Department news release
• Remarks by Treasury Secretary Janet L. Yellen

FinCEN recently issued a report of efforts through May 2024 to educate small businesses and other key stakeholders about new beneficial ownership reporting requirements. The report also included a list of upcoming events at which FinCEN representatives will provide information on the regulation.

The OCC has reported the key issues facing the federal banking system in its Semiannual Risk Perspective for Spring 2024.

The OCC reported that the overall condition of the federal banking system remains sound. However, the maturing economic cycle may cause consumer headwinds. It is important for banks to continue identifying material risks and their interconnected impacts. Continuous risk management improvement remains appropriate as this allows banks to guard against complacency.

The OCC highlighted credit, market, operational, and compliance risks as the key risk themes in the report.

Yesterday, the Treasury Department reported that OFAC has designated a network of two individuals and seven entities that provide major sources of revenue for U.S.-designated Republika Srpska President Milorad Dodik and his family. Dodik has used his official position to accumulate personal wealth through companies linked to himself and to Igor Dodik.

For the names and identification information of the designated parties and links to new Balkans-related General Licenses, see the June 18, 2024, BankersOnline OFAC Update.

The NCUA has announced it has placed 1st Choice Credit Union, Atlanta, Georgia, in conservatorship in consultation with the Georgia Department of Banking and Finance. Member services will continue uninterrupted at both of the credit union’s branches in Atlanta. Members can continue to conduct normal financial transactions, deposit and access funds, make loan payments, and use shares. The offices are open Monday through Friday from 8:30 a.m. to 4:00 p.m. Eastern time.

1st Choice Credit Union is a federally insured, state-chartered credit union with 6,709 members and assets of approximately $38.6 million, according to the credit union’s most recent Call Report. It serves employees of Grady Hospital, Morehouse School of Medicine faculty, Emory University School of Medicine faculty, Southside Healthcare, Atlanta Life Insurance Company, South Fulton Community Development Corporation, credit union staff, and family members.

• A Formal Agreement with Credit Suisse AG New York Branch, New York, NY, to address deficiencies in the branch’s compliance related to the Bank Secrecy Act and other anti-money laundering laws and regulations. The branch’s execution of this formal agreement was a condition for the branch’s conversion to a federal license. The provisions of the formal agreement are substantially the same as a December 2020 written agreement between the branch and the Federal Reserve Bank of New York and the New York State Department of Financial Services.
• A Formal Agreement with Touchmark National Bank, Alpharetta, GA, for unsafe or unsound practices, including those relating to the bank’s strategic planning, board and management oversight, liquidity risk management, interest risk management, credit risk management, audit, and information technology.

• Manuel Alejandro Ramirez Perez, former relationship banker and credit solutions advisor at Bonita Springs and North Naples, Florida, branches of Bank of America, N.A., Charlotte, NC, for improperly accessing customer accounts and providing information on those accounts to a third-party individual.
• Aviana Rivera, former personal banker at a Bryan, Texas, branch of First National Bank Texas, Killeen, TX, for embezzling $11,500 from the account of a bank customer.

The Treasury Department has announced that OFAC has designated two individuals and five entities that have facilitated weapons procurement for Ansarallah, commonly referred to as the Houthis. OFAC is also designating one individual and one company, as well as identifying one vessel, that have facilitated the shipment of commodities, the sale of which provides an important funding stream to the Houthis that aids in their weapons procurement. This action targets key actors who have enabled the Houthis to generate revenue and acquire a range of materials to manufacture the advanced weaponry they are now using to conduct ongoing terrorist attacks against commercial ships.

For the names and identification information of the designated parties, see the June 17, 2024, BankersOnline OFAC Update.