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OTC Link LLC, a New York-based broker-dealer, has agreed to pay $1.19 million to settle SEC charges that it failed to file numerous reports of suspicious financial transactions (SARs) for a period of more than three years, according to an SEC news release.

The SEC’s order finds that, from March 2020 through May 2023, OTC Link failed to adopt or implement reasonably designed anti-money laundering (AML) policies and procedures to surveil transactions conducted through its three alternative trading systems (ATSs) for possible red flags of suspicious activity. As a result, OTC Link did not file a single SAR over this time period. The three ATSs are used by broker-dealers on a daily basis to execute or facilitate tens of thousands of transactions in over-the-counter (OTC) securities, many of which are considered microcap or penny stock securities.

Without admitting or denying the SEC’s findings, OTC Link agreed to a censure and a cease-and-desist order in addition to the $1.19 million penalty. The SEC’s order also directs OTC Link to continue its engagement of a compliance consultant to review and recommend changes to the firm’s AML policies and procedures.

FinCEN has published in today's Federal Register three notices and requests for comment on proposals to renew, without change, certain recordkeeping requirements. Comments on each of the notices will be accepted through October 15, 2024.

• Additional Records to be Made and Retained by Dealers in Foreign Exchange and Additional Records to be Made and Retained by Brokers or Dealers in Securities (89 FR 65980)
• Anti-Money Laundering Program Requirements for Casinos (89 FR 65977)
• Records to be Made and Retained by Financial Institutions, Banks, and Providers and Sellers of Prepaid Access (89 FR 65971)

On Friday, the Treasury Department reported that OFAC has acted against 19 individuals, 14 entities, and one aircraft under Belarus-related Executive Order 14038. This action targets persons involved in supporting Russia’s war in Ukraine through military resource production and transshipment of goods to Russia, sanctions evasion on behalf of Belarusian defense entities, and revenue generation for Belarusian oligarchs in Alyaksandr Lukashenka’s inner circle. OFAC concurrently designated five of these targets—three individuals and two entities—under Russia-related Executive Order 14024.

For identification information on the designated individuals, entities, and aircraft, see BankersOnline’s August 9, 2024, OFAC Update.

The U.S. Treasury Department's Financial Crimes Enforcement Network (FinCEN) has announced the launch of a public service announcement (PSA) campaign as part of its ongoing efforts to educate the small business community about new beneficial ownership reporting requirements. To directly reach business owners, educate stakeholders about these reporting requirements, and encourage compliance, television and radio PSAs are now running nationwide in tandem with digital and print ads.

The United States, Italy, and Saudi Arabia virtually hosted a meeting last month of the Counter ISIS Finance Group (CIFG) under the auspices of the Global Coalition to Defeat ISIS. The CIFG co-leads yesterday issued a joint statement exhorting the Coalition members to continue working together and encouraging them to implement a list of comprehensive strategies to counter ISIS financing worldwide.

The joint statement was accompanied by a Fact Sheet on ISIS Financing.

On Thursday, the Federal Reserve Board announced the execution of a written agreement among Customers Bancorp, Inc., West Reading, Pennsylvania, Customers Bank, Malvern, Pennsylvania (together, the "organization"), and the Federal Reserve Bank of Philadelphia, Pennsylvania.

According to the agreement, Customers Bancorp, Inc., the holding company for Customers Bank, has pursued a business strategy that involves offering banking services to digital asset customers, and also operates an instant payments platform that allows commercial clients to make tokenized payments over a distributed ledger technology system to other commercial clients of the Bank. Recent examinations of the holding company and bank by the Reserve Bank identified significant deficiencies related to the Bank’s risk management practices and compliance with the applicable laws, rules, and regulations relating to anti-money laundering, including the Bank Secrecy Act and the regulations issued by OFAC.

The agreement acknowledges that the organization has begun to address the identified deficiencies and sets forth specific further steps the organization must take in that regard.

Yesterday, the OCC announced it will allow national banks, federal savings associations, and federal branches and agencies of foreign banks to close offices in areas of Maryland, North Carolina, South Carolina, Virginia, and Washington, D.C. if the offices are directly affected by potentially unsafe conditions caused by Hurricane Debby.

The Treasury Department has reported that OFAC has designated Paraguayan tobacco company Tabacalera del Este S.A. (Tabesa) for providing financial support to Paraguay’s former president, Horacio Manuel Cartes Jara, whom OFAC sanctioned on January 26, 2023, for his involvement in corruption. Tabesa was designated pursuant to Executive Order 13818, which builds upon and implements the Global Magnitsky Human Rights Accountability Act.

BankersOnline’s August 6, 2024, OFAC Update includes identification information on Tabesa.

The Federal Reserve Board yesterday issued final joint guidance to help certain large banks further develop their resolution plans. The Board developed the guidance jointly with the Federal Deposit Insurance Corporation, and it is now final following both agencies' approval. These resolution plans, also known as living wills, describe a bank's strategy for orderly resolution under bankruptcy in the event of material financial distress or failure.

The guidance generally applies to domestic and foreign banks with more than $250 billion in total assets but that are not the largest and most complex banks, for which guidance is already in place. The guidance addresses the specific characteristics of, and risks posed by, this group of banks.

Distinct from the guidance to the largest and most complex banks, this guidance provides agency expectations for both single point of entry and multiple point of entry resolution strategies, which are different strategies banks have adopted for their rapid and orderly resolution. It also recognizes that the preferred resolution outcome for foreign banks is often a successful home country-led resolution and guides foreign banks on how to address the global resolution plan in their U.S. plan.

The agencies also announced that they are extending the resolution plan submission deadline for the banks to which the guidance applies. Banks will be required to submit their resolution plans by October 1, 2025, instead of March 31, 2025. The purpose of the extension is to provide reasonable time for banks to consider the final guidance as they develop their plan submissions.

The guidance will be effective upon publication in the Federal Register.

• Guidance for Resolution Plan Submissions of Domestic Triennial Full Filers
• Guidance for Resolution Plan Submissions of Foreign Triennial Full Filers
• Statement by Governor Michelle W. Bowman
• Publication update: Published at 89 FR 66388 (domestic) and 89 FR 66510 (foreign) in the Federal Register. Effective on publication.

OFAC has announced upcoming updates for users of its Compliance Hotline service. OFAC is transitioning to a single, user-friendly online platform to receive questions from the public. Users can now submit queries—and provide all necessary details—directly through OFAC’s new OFAC Compliance Hotline page. This new platform is designed to improve OFAC’s tracking of queries and help OFAC assess when additional public guidance may be helpful.

OFAC will fully transition its Compliance Hotline to this web form platform by January 1, 2025, and will retire other existing forms of contacting the OFAC Compliance Hotline according to the following schedule: OFAC will retire the Compliance Hotline email (OFAC_Feedback@treasury.gov) on August 16, 2024; and its Compliance Hotline telephone (1-800-540-6322 and 202-622-2490) on December 31, 2024.