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The FDIC has issued FIL-40-2024 with guidance to provide regulatory relief to financial institutions and facilitate recovery in areas of Texas affected by Hurricane Beryl July 5–9, 2024.

The Federal Emergency Management Agency (FEMA) declared a federal disaster for selected areas affected in Texas on July 9, 2024. FEMA may make additional designations after damage assessments are completed in the affected areas. A current list of designated areas is available at www.fema.gov.

The U.S. Treasury Department yesterday announced that OFAC has sanctioned three Mexican accountants and four Mexican companies linked, directly or indirectly, to timeshare fraud led by the Cartel de Jalisco Nueva Generacion (CJNG). Concurrently, the Financial Crimes Enforcement Network (FinCEN) issued a Notice, jointly with OFAC and FBI, to financial institutions that provides an overview of timeshare fraud schemes in Mexico associated with CJNG and other Mexico-based transnational criminal organizations.

For the names and identification information of the designated parties, see this July 16, 2024, BankersOnline OFAC Update.

The National Credit Union Administration has published a notice [89 FR 57946] in today's Federal Register of the next meeting of the NCUA Board, to be held at 10:00 a,m., Thursday, July 18, 2024, at the NCUA's Board Room. Matters to be considered include:

• NCUA Rules and Regulations, Parts 701 and 741 (Succession Planning)
• NCUA Rules and Regulations, Parts 741 and 751 (Incentive-Based Compensation Agreements)
• Federal Credit Union Loan Interest Rate Ceiling

The IRS issued a consumer alert yesterday following bad advice circulating on social media about a non-existent “Self Employment Tax Credit” that's misleading taxpayers into filing false claims.

Promoters and social media are marketing something they describe as the “Self Employment Tax Credit” as a way for self-employed people and gig workers to get big payments for the COVID-19 pandemic period. Similar to misleading marketing around the Employee Retention Credit, there is inaccurate information suggesting many people qualify for the tax credit and payments of up to $32,000 when they actually do not.

In reality, the underlying credit being referred to in social media is not called the “Self Employment Tax Credit.” It is a much more limited and technical credit called “Credits for Sick Leave and Family Leave.” Many people simply do not qualify for this credit, and the IRS is closely reviewing claims coming in under this provision so people filing claims do so at their own risk.

On Friday, the federal bank regulatory agencies announced their release of the 2024 list of distressed or underserved nonmetropolitan middle-income geographies where certain bank activities are eligible for Community Reinvestment Act (CRA) credit.

Under the CRA, the agencies assess a bank’s record of meeting the credit needs of its entire community, including low- and moderate-income neighborhoods, consistent with safe and sound operations. The list released by the agencies includes distressed or underserved nonmetropolitan middle-income geographies where revitalization or stabilization activities are eligible to receive CRA consideration. The designations reflect local economic conditions, including unemployment, poverty, and population changes. Previous years’ lists and criteria for designating these areas are available on the FFIEC's Distressed and Underserved Tracts webpage.

The Small Business Administration has published [89 FR 57353] in this morning's Federal Register a notification that it is introducing a new pilot loan program within the 7(a) Loan Program called “7(a) Working Capital Pilot” (WCP) to provide SBA 7(a) guaranteed lines of credit up to $5 million that may be used to support domestic and international transactions with SBA fees due from the Lender that operate as a function of time, charging a proportional amount for each year the facility is in use.

The purpose of the WCP Program is to allow participating 7(a) Lenders to make working capital lines of credit through asset-based and transaction-based lines of credit. Lenders making WCP loans $150,000 or less will have an 85 percent SBA guaranty, and WCP loans greater than $150,000 will have a 75 percent SBA guaranty. WCP Program requirements will be built around established industry norms. SBA intends to make program enhancements based on Lender feedback during the duration of the pilot program.

The WCP Program will become effective on August 1, 2024, and will remain in effect for three years, ending on July 31, 2027. Comments on the program will be accepted through August 14, 2024

OFAC has released the second video in its “OFAC Basics” video series.

“My Funds Are Blocked, Now What?” provides viewers with guidance on what it means when funds are blocked in connection with OFAC sanctions, as well as recommended steps for what to do if their funds have been blocked.

The NMLS has posted a notice that, on July 20, the Conference of State Banking Supervisors will release a set of NMLS Enhancements as part of a multi-year effort to modernize the system. These enhancements include a new login experience; an improved account recovery process, including the ability to reset a username or password without contacting the NMLS Call Center; and more.

Visit the new NMLS Enhancements page to find out more about system updates coming July 20.

The Federal Housing Finance Agency on Friday announced a set of required tenant protections for multifamily properties financed by Fannie Mae and Freddie Mac (the Enterprises). This announcement results from FHFA’s extensive and ongoing engagement with market participants and key stakeholders on tenant issues and represents the first time that tenant protections will be a standard component of Enterprise multifamily financing.

Covered housing providers will be required to provide tenants with:

• a 30-day written notice of a rent increase
• a 30-day written notice of a lease expiration
• a 5-day grace period for rent payments

The Enterprises will monitor and enforce the tenant protections announced on Friday, and failure to comply could result in penalties under the loan agreement. These protections will be required for new loans signed on or after the policy effective date, February 28, 2025. A detailed description of the tenant protection policies is expected to be published by the Enterprises in August 2024.

The Federal Financial Institutions Examination Council yesterday announced it has published data on 2023 mortgage lending transactions reported under the Home Mortgage Disclosure Act (HMDA) by 5,113 U.S. financial institutions, including banks, savings associations, credit unions, and mortgage companies.

Yesterday, the U.S. Department of State reported it has imposed sanctions on three individuals and five entities under Executive Order 14115 for being involved in violence or threats of violence targeting civilians, seizure or dispossession of property by private actors, or actions that threaten the peace, stability and security of the West Bank; or being owned or controlled by an individual designated under that order.

For the names and identification information of the designated parties, see this July 11, 2024, BankersOnline OFAC Update.

The Federal Housing Finance Agency has announced that Fannie Mae and Freddie Mac (the Enterprises) are making historical VantageScore 4.0 credit scores available to approved users to support the transition to updated credit score and credit report requirements.

The historical credit scores for each Enterprise are associated with single-family loans purchased by that Enterprise from April 2013 through March 2023. This comprehensive release reflects the period for which trended consumer credit data is reliably available across the three nationwide consumer reporting agencies. These scores will provide market participants the ability to better analyze and understand the new credit score models that have been validated and approved for use by the Enterprises. The historical credit scores are available for download at the Enterprises’ respective websites.

In October 2022, FHFA announced the validation and approval of modernized credit score models for use by the Enterprises. At the same time, FHFA announced that the Enterprises would permit lenders to deliver loans with either tri-merge credit reporting, in which credit reports from each of the three nationwide consumer reporting agencies are used, or bi-merge credit reporting, in which credit reports from two of the nationwide consumer reporting agencies are used.

• Fannie Mae Credit Score Models and Reports Initiative
• Freddie Mac Credit Score Models and Reports Initiative

Yesterday, FinCEN released a supplemental alert (FIN-2024-Alert002), highlighting five additional red flags regarding the financing of Israeli extremist settler violence against Palestinians in the West Bank.

FinCEN issued an alert (FIN-2024-Alert001) on February 1, 2024, to financial institutions related to the financing of Israeli extremist settler violence against Palestinians in the West Bank. This supplemental alert provides additional red flags to assist U.S. financial institutions in identifying and reporting suspicious activity related to the financing of this violence. Additionally, this alert requests that financial institutions continue to use the existing SAR code (FIN-2024-WBEXTREMISM) when submitting SARs specific to the financing of Israeli extremist settler violence in the West Bank and reminds financial institutions of their Bank Secrecy Act (BSA) reporting obligations.

The FDIC yesterday issued Financial Institution Letter FIL-39-2024 with information and Supplemental Instructions related to the Call Report for the June 30, 2024, report date and guidance on certain reporting issues.

With certain exceptions, completed Call Reports must be received by Tuesday, July 30, 2024.

The FDIC has updated section 3.2 (Loans) of its Risk Manual of Examination Policies. The discussion related to the issuance of “Express Determination” letters has been updated to reflect current accounting guidance regarding the allowance for credit losses on loans and leases and procedures related to examinations conducted under the FDIC’s continuous examination program. Additional updates include the concurrent deletion of the “Troubled Commercial Real Estate Loan Classification Guidelines” and update to the “Commercial Real Estate Loans” sections.

The CFPB yesterday announced proposed new rules to make it easier for homeowners to get help when they are struggling to pay their mortgage. The proposed amendments to Regulation X, if finalized, would require mortgage servicers to focus on helping borrowers, not foreclosing, when a homeowner asks for help. The proposed changes would also make it simpler for servicers to offer assistance by reducing paperwork requirements, improve communication with borrowers, and ensure critical information is provided in languages borrowers understand. The CFPB is requesting comment about several other topics, including possible approaches it could take to ensure servicers are furnishing accurate and consistent credit reporting information for borrowers undergoing review for assistance.

• Proposed rule
• Unofficial redline of the proposed Regulation X amendments
• Fast Facts about the proposal

The current regulations governing mortgage servicing took effect in 2014. The rules have rigid timing and other requirements that servicers must follow in all cases. The rules also rely on borrowers submitting all their documents before the servicer begins its review or pauses foreclosure proceedings. In 2022, the CFPB asked the public for input on improving protections for borrowers facing financial hardships. The CFPB heard from both the mortgage industry and borrower advocates that a simpler, more flexible approach to mortgage assistance would be helpful.

Yesterday's proposal, if finalized, would—

• Stop dual tracking and limit fees: The proposed rule would require servicers to try to help borrowers first, before foreclosing, when they request assistance. Servicers would generally only be allowed to move ahead with foreclosure after all possibilities for assistance are exhausted or the borrower has stopped communicating with the servicer. The proposal would also limit the fees a servicer can charge a borrower while the servicer is reviewing possible options to help the borrower.
• Reduce delays by streamlining paperwork requirements: Currently, a servicer cannot evaluate whether a borrower is eligible for assistance without a “complete application” that includes all information needed to assess eligibility for all available options. This can delay assistance offers, hurting both homeowners and servicers. Under the proposal, servicers would have more flexibility to review borrowers for each option individually, potentially enabling quicker assistance.
• Improve borrower-servicer communications: The proposed rule would require servicers to provide more tailored notices to borrowers, so they know what actions they can take if they want to. This includes changing the notices that borrowers get shortly after missing a payment to include information about who the loan investor is and how to get information about available assistance.
• Ensure borrowers receive critical information in languages they understand: Under the proposal, borrowers who received marketing materials in another language could request mortgage assistance communications in that same language. The proposed rule would also require servicers to provide the improved notices in both English and Spanish to all borrowers, as well as make available oral interpretation services in telephone calls with borrowers.

The new provisions would not apply to small servicers. All existing requirements remain in effect until the effective date of a final rule. Comments must be received by September 9, 2024. PUBLICATION UPDATE: Published at 89 FR 60204 in the July 24, 2024, Federal Register.

The OCC has announced it has issued an amendment to its October 7, 2020, cease and desist order against Citibank, N.A., Sioux Falls, South Dakota, related to deficiencies in enterprise-wide risk management, compliance risk management, data governance, and internal controls.

The amendment is based on the bank’s failure to meet remediation milestones and make sufficient and sustainable progress towards compliance with the 2020 Order. It was issued to ensure Citibank prioritizes the remediation work, including through the allocation of sufficient resources. The OCC also assessed a $75 million civil money penalty against Citibank based on the bank’s violations of the 2020 Order and lack of processes to monitor the impact of data quality concerns on regulatory reporting.

The Federal Reserve Board announced a separate but related action against Citigroup, the bank's holding company, assessing a $60.6 million civil money penalty for violating the Board's October 2020 enforcement action

A notice was posted to the Department of Defense's MLA site that, due to scheduled maintenance, the MLA website will not be available on Saturday, June 13, 2024, from 6:00 PM PDT until 10:00 PM PDT (9:00 PM EDT on Saturday until 1:00 AM EDT on Sunday). The notice clearly should refer to July 13, which falls on Saturday, not June 13.

The Federal Reserve Board has reported that Chairman Jerome H. Powell yesterday presented the Federal Reserve’s semiannual Monetary Policy Report to the Committee on Banking, Housing, and Urban Affairs, of the U.S. Senate.

The CFPB yesterday announced it has taken action against repeat offender Fifth Third Bank for a range of illegal activities that would result in the bank paying $20 million in penalties in addition to paying redress to approximately 35,000 harmed consumers, including about 1,000 who had their cars repossessed. Specifically, the CFPB is ordering Fifth Third Bank to pay a $5 million penalty for forcing vehicle insurance onto borrowers who had coverage. The CFPB also filed a proposed court order that would require Fifth Third Bank to pay a $15 million penalty for opening fake accounts in the names of its customers. The proposed court order bans Fifth Third Bank from setting employee sales goals that incentivize fraudulently opening accounts.

For further information on yesterday's CFPB actions against Fifth Third, see BankersOnline's Penalty page.

In 2015, the CFPB took two actions against the bank – one for discriminatory auto loan pricing, which was a joint CFPB and U.S. Department of Justice action, and the other for illegal credit card practices. For the discriminatory auto loan pricing action, Fifth Third Bank was ordered to pay $18 million to harmed Black and Hispanic borrowers. For the illegal credit card practices, the bank was ordered to pay $3 million to harmed consumers and a $500,000 penalty.

The Federal Reserve Board's archive of evaluations of member banks' Community Reinvestment Act compliance includes 15 evaluations made public by the Reserve Banks in June 2024, all of which carried Satisfactory ratings.

The FDIC has issued a list of 64 banks examined for compliance with the Community Reinvestment Act who were assigned evaluation ratings in April 2024. Four of those banks — The Peoples Bank, Gambier, Ohio; Union Bank, Lake Odessa, Michigan; Bank of Crocker, Waynesville, Missouri; and Forbright Bank, Potomac, Maryland — were rated "Needs to Improve." Fifty-eight banks received "Satisfactory" ratings.

We congratulate two banks — Bank of Charles Town, Charles Town, West Virginia, and UBS Bank USA, Salt Lake City, Utah — who received ratings of "Outstanding."

FinCEN has updated its Beneficial Ownership Information Frequently Asked Questions, adding three new Reporting Company questions (questions C.12 – C.14), and one new Beneficial Owner question (question D.17).

In related news, FinCEN has posted an alert on its Beneficial Ownership Information webpage concerning fraudulent attempts to solicit information from individuals and entities who may be subject to reporting requirements under the Corporate Transparency Act.

On Monday, the Treasury Department, as Chair of the Committee on Foreign Investment in the United States (CFIUS), issued a Notice of Proposed Rulemaking that would expand CFIUS’s jurisdiction over certain transactions by foreign persons involving real estate in the United States. Under legislation that Congress passed in 2018, CFIUS has the authority to review certain real estate transactions near specified military installations and to take action in appropriate circumstances. This proposed rule would add over 50 military installations, across 30 states, to the existing list of installations around which CFIUS has jurisdiction, including over land purchases.

The proposed rule would enhance CFIUS’s authorities through the following key changes:

• Expand CFIUS’s jurisdiction over real estate transactions to include those within a one-mile radius around 40 additional military installations;
• Expand CFIUS’s jurisdiction over real estate transactions to include those within a 100-mile radius around 19 additional military installations;
• Expand CFIUS’s jurisdiction over real estate transactions between 1 mile and 100 miles around eight military installations already listed in the regulations;
• Update the names of 14 military installations already listed in the regulations to better assist the public in identifying the relevant sites; and
• Update the location of seven military installations already listed in the current regulations to better assist the public in identifying the relevant sites.

Comments on the proposal will be accepted for 30 days following the NPRM’s publication in the Federal Register.

OFAC has issued OFAC Guidance: Production Submission Standards, updating its former delivery standards. The new document provides technical and general guidance to persons submitting material to OFAC and applies primarily to persons providing responses to administrative subpoenas, requests for information, disclosures, and especially for submissions that may entail voluminous documentation (e.g., more than 100 pages).

The Federal Reserve Board has released its July 2024 Monetary Policy Report [HTML] [PDF] to Congress. The report contains discussions of “the conduct of monetary policy and economic developments and prospects for the future.”

The report is submitted semiannually to the Senate Committee on Banking, Housing, and Urban Affairs and to the House Committee on Financial Services, along with testimony from the Federal Reserve Board Chair.

On Wednesday, FinCEN reported that the Financial Action Task Force (FATF), an intergovernmental body that establishes international standards for anti-money laundering, countering the financing of terrorism, and countering the financing of proliferation of weapons of mass destruction (AML/CFT/CPF), issued a public statement at the conclusion of its plenary meeting last month highlighting the growing financial connectivity of the Democratic People’s Republic of Korea (DPRK) with the international financial system, and reiterating the FATF’s concerns over the DPRK’s continued failure to address the significant deficiencies in its AML/CFT regime and the serious threats posed by the DPRK’s illicit activities related to the proliferation and financing of weapons of mass destruction. In order to protect the international financial system, the FATF continues to urge all jurisdictions to remain vigilant to these risks and calls for renewed implementation and enforcement of countermeasures against the DPRK.

The FATF also updated its lists of jurisdictions with strategic AML/CFT/CPF deficiencies. U.S. financial institutions should consider the FATF’s stance toward these jurisdictions when reviewing their obligations and risk-based policies, procedures, and practices.

On June 28, 2024, the FATF added Monaco and Venezuela to its list of Jurisdictions Under Increased Monitoring and also removed Jamaica and Türkiye from the list.

The FATF’s list of High-Risk Jurisdictions Subject to a Call for Action remains the same, with Iran, DPRK, and Burma subject to calls for action. Iran and DPRK are still subject to the FATF’s countermeasures, while Burma is still subject to the application of enhanced due diligence, but not countermeasures.

The CFPB yesterday announced publication of an edition of its Supervisory Highlights sharing key findings from recent examinations of auto and student loan servicing companies, debt collectors, and other financial services providers. The report also highlights consumer complaints about medical payment products and identifies concerns with providers preventing access to deposit and prepaid account funds.

The Department of Housing and Urban Development yesterday announced it has entered a Conciliation Agreement between Burbank Housing Management Corporation, Burbank Housing Development Corporation, BHDC Parkwood Apartments, LLC, Oak Ridge Apartments Associates LP, and James Perez, requiring the respondents to pay $41,500 in compensation to the complainant. The Agreement resolves allegations that the respondents were in noncompliance with Section 504 of the Rehabilitation Act of 1973 and also violated the Fair Housing Act by discriminating against tenants with disabilities.

The Agreement stems from a complaint by Fair Housing Advocates of Northern California alleging that the Sonoma County, California, based housing providers interfered with the rights of tenants with disabilities to obtain reasonable accommodations. The Respondents denied the allegations in the Complaint and agreed to settle the matter. The Conciliation Agreement does not constitute an admission of guilt by the Respondents and no determination has been issued by HUD in this matter.

Under the terms of the Agreement, the housing providers will pay $41,500 to the complainant. The housing providers will also ensure their reasonable accommodation policies are in compliance with the Fair Housing Act and Section 504 and that they process reasonable accommodation requests in a timely manner

The Federal Housing Finance Agency yesterday announced the publication of updated aggregate statistics from the National Mortgage Database (NMDB) and launched the NMDB Aggregate Statistics Dashboard—a new data visualization tool for the NMDB Outstanding Residential Mortgage Statistics.

Yesterday’s release describes outstanding residential mortgage debt at the end of the first quarter of 2024. Highlights include:

• There were 50.8 million outstanding mortgages with unpaid balances totaling $11.7 trillion at the end of the first quarter of 2024.
• 21.9 percent of outstanding mortgages have interest rates below 3 percent, down slightly from a high of 24.6 percent in the first quarter of 2022. 14.3 percent of outstanding mortgages have interest rates of 6 percent or higher.
• Adjustable-rate mortgages (ARMs) account for 3.5 percent of outstanding mortgages, down from 9.6 percent one decade ago.
• The median monthly payment among outstanding mortgages is $1,520.
• The average credit score among borrowers with an active loan is 743.

The OCC has released a list of CRA performance evaluation ratings made public by the OCC during the month of June. Of the 21 institutions listed, 14 received ratings of Satisfactory.

Six of the institutions received a rating of Outstanding. We congratulate each of them:

• Dollar Bank, Federal Savings Bank, Pittsburgh, Pennsylvania
• Falcon National Bank, Foley, Minnesota
• First National Bank Alaska, Anchorage, Alaska
• First National Community Bank, New Richmond, Wisconsin
• Home Federal Savings and Loan Association Bamberg, South Carolina
• Webster Bank, National Association, Stamford, Connecticut

American Commercial Bank & Trust, National Association, Ottawa, Illinois, received a Needs to Improve rating.

The NCUA has announced its barring of three individuals from participating in the affairs of any federally insured depository institution.

• Tracy Mikulencak, a former employee of A+ Federal Credit Union, Austin, Texas, agreed to the issuance of a prohibition order following a finding that she fraudulently took funds out of her own teller drawer, the Georgetown branch’s vault, and member accounts, defrauding the credit union and its members of $325,708.
• Javier DeJesus Narciso, a former employee of Merced School Employees Federal Credit Union, Merced, California, was issued a prohibition notice based on his conviction on one count of grad theft and embezzlement in connection with his employment
• Philip Brian Topping, a former employee of New Pilgrim Federal Credit Union, Birmingham, Alabama, was issued a prohibition notice based on his conviction on on one count of theft and embezzlement in connection with his employment

On Monday, the Federal Reserve Board announced it had fined Silvergate Capital Corporation and Silvergate Bank $43 million for deficiencies in Silvergate's monitoring of transactions in compliance with anti-money laundering laws.

The action was taken in coordination with an action by the Department of Financial Protection and Innovation of the State of California, the state supervisor of Silvergate. The penalties announced by the Board and state total $63 million. The U.S. Securities and Exchange Commission separately announced a penalty against Silvergate Capital Corporation.

Silvergate separately announced last year that it was voluntarily winding down its operations, and has now paid back all deposits to its customers.

• Consent order of assessment of civil money penalty

On Monday, the Treasury Department reported that OFAC has sanctioned a Mexico-based money launderer and China-based members of a money laundering organization with criminal links to the Sinaloa Cartel as part of ongoing efforts to disrupt the flow of illicit narcotics into the United States.

For the names and identification information of the three individuals, see the July 1, 2024, BankersOnline OFAC Update.

The FDIC has issued Financial Institution Letters with guidance to help financial institutions and facilitate recovery in areas of Iowa and New Mexico.

• FIL-37-2024, addressing institutions in areas of New Mexico (Mescalera Tribe; Lincoln and Otero Counties) affected by the South Fork Fire and Salt Fire on June 17, 2024, and continuing
• FIL-38-2024, addressing institutions in areas of Iowa (Clay, Emmet, Lyon, Sioux, and Plymouth Counties) affected by severe storms, flooding, straight-line winds, and tornadoes on June 16, 2024, and continuing

The SCOTUS Blog reported Friday that the Supreme Court cut back the power of federal agencies to interpret the laws they administer and ruled that courts should rely on their own interpretation of ambiguous laws.

By a vote of 6-3, the justices overruled their landmark 1984 decision in Chevron v. Natural Resources Defense Council, which gave rise to the doctrine known as the Chevron doctrine. Under that doctrine, if Congress has not directly addressed the question at the center of a dispute, a court was required to uphold the agency’s interpretation of the statute as long as it was reasonable. But in a 35-page ruling by Chief Justice John Roberts, the justices rejected that doctrine, calling it “fundamentally misguided.”

The CFPB and the FHFA have announced their publication of updated loan-level data for public use collected through the National Survey of Mortgage Originations (NSMO). The data also provide updated mortgage performance and credit information for a nationally representative sample of mortgage borrowers from 2013 to 2021.

Since 2014, FHFA and CFPB have sent quarterly surveys to borrowers who recently obtained mortgages. These surveys gather feedback on borrowers’ experiences during the mortgage process, their perceptions of the mortgage market, and their future expectations. Yesterday’s release adds one additional year of new mortgage data through 2021. It also features data on three new survey questions first asked of mortgage borrowers in 2021:

• When asked about appraisal satisfaction, 70 percent of respondents reported being very satisfied with their property appraisal, 23 percent reported being somewhat satisfied, and 6 percent were not at all satisfied.
• When questioned on their willingness to move from their primary residence, 50 percent of respondents reported being unwilling to move, 20 percent were unsure about moving, 25 percent were willing and able to move, and 5 percent were willing but unable to move.
• When prompted to select from a list of factors important to borrowers choosing a mortgage lender/broker, 8 percent of respondents selected accommodations for people with disabilities as an important factor in their choice.

On Friday, FinCEN announced a proposed rule to strengthen and modernize financial institutions’ anti-money laundering and countering the financing of terrorism (AML/CFT) programs. While financial institutions have long maintained AML/CFT programs under existing regulations, this proposed rule would amend those regulations to explicitly require that such programs be effective, risk-based, and reasonably designed, enabling financial institutions to focus their resources and attention in a manner consistent with their risk profiles. Effective, risk-based, and reasonably designed AML/CFT programs are critical for protecting national security and the integrity of the U.S. financial system. The proposed amendments are based on changes to the Bank Secrecy Act (BSA) as enacted by the Anti-Money Laundering Act of 2020 (AML Act) and are a key component of Treasury’s objective of building a more effective and risk-based AML/CFT regulatory and supervisory regime.

This proposed rule would:

• amend the existing program rules to explicitly require financial institutions to establish, implement, and maintain effective, risk-based, and reasonably designed AML/CFT programs with certain minimum components, including a mandatory risk assessment process
• require financial institutions to review government-wide AML/CFT priorities and incorporate them, as appropriate, into risk-based programs, as well as provide for certain technical changes to program requirements
• promote clarity and consistency across FinCEN’s program rules for different types of financial institutions

The proposal also articulates certain broader considerations for an effective and risk-based AML/CFT framework as envisioned by the AML Act. For example, through its emphasis on risk-based AML/CFT programs, the proposed rule seeks to avoid one-size-fits-all approaches to customer risk that can lead to financial institutions declining to provide financial services to entire categories of customers. Friday’s proposal is consistent with a key recommendation in Treasury’s De-risking Strategy, which recommended proposing regulations to require financial institutions to have reasonably designed and risk-based AML/CFT programs supervised on a risk basis and taking into consideration the effects of financial inclusion. Finally, the proposed rule would encourage financial institutions to modernize their AML/CFT programs where appropriate to responsibly innovate, while still managing illicit finance risks.

FinCEN's proposal was prepared in consultation with the Federal Reserve Board, the OCC, the FDIC, and the NCUA in order to collectively issue proposed amendments to their respective BSA compliance program rules for the institutions they supervise.

Written comments on FinCEN’s proposed rule must be received on or before 60 days following its publication in the Federal Register.

• Proposed Rule
• Fact Sheet
• Publication update: Published on 7/3/2024 at 89 FR 55428 with a comment period ending on 9/3/2024

The FDIC has released a list of enforcement orders issued in May 2024 against FDIC-supervised financial institutions and individuals formerly or currently affiliated with such institutions.

Flood Insurance Violations:

• Oriental Bank, San Juan, Puerto Rico, was assessed a civil money penalty of $447,125
• Spring Valley Bank, Wyoming, Ohio, was assessed a $1,500 civil money penalty

Cease and Desist or Consent Orders:

• Old Glory Bank, Elmore City, Oklahoma
• Forbright Bank, Potomac, Maryland
• Community Bank and Trust - West Georgia, LaGrange Georgia
• Thread Bank, Rogersville, Tennessee
• TNBANK, Oak Ridge, Tennessee
• Union County Savings Bank Elizabeth, New Jersey
• California Business Bank, Irvine, California

Orders against individuals:

• Justin L. Holt, former SVP and loan officer at Bank of Tyler, Tyler, TX (now known as UBank, Huntington, TX), received a personal consent order and order to pay a $25,000 civil money penalty after a finding that he repeatedly caused the disbursement of loan funds on a construction loan without properly documenting the disbursements and without requiring or verifying progress or completion of construction per bank policy, thus resulting in a dissipation of loan proceeds by the borrower; and misrepresented the status of such construction in an effort to obscure those actions.
• Hector Hugo Gutierrez Jr., formerly affiliated with Branch Banking and Trust Company (now Truist Bank, Charlotte, North Carolina) was issued a prohibition order.
• Yvonne Han, affiliated with 1st Colonial Community Bank, Collingswood, New Jersey, was issued a personal consent order

The CFPB has posted a Bureau Blog article announcing the Bureau's release of its Fair Lending Annual Report to Congress describing the Bureau's actions against unlawful discrimination and for advancing access to fair credit in calendar year 2023.

Yesterday, the U.S. Supreme Court stripped the Securities and Exchange Commission of a major tool in fighting securities fraud in a decision that could also affect other regulatory agencies, reports AP News.

The justices ruled in a 6-3 vote that people accused of fraud by the SEC, which regulates securities markets, have the right to a jury trial in federal court. The in-house proceedings the SEC has used in some civil fraud complaints, including against Houston hedge fund manager George Jarkesy, violate the Constitution, the court said.

OFAC has announced a $538,000 settlement with Mondo TV, S.p.a., an Italy-based animation company. Mondo has agreed to settle its potential civil liability for 18 apparent violations of the North Korea Sanctions Regulations.

Between May 2019 and November 2021, Mondo caused U.S. financial institutions to process approximately $537,939 in payments for animation work Mondo outsourced to a Government of North Korea-owned animation studio. This settlement amount reflects OFAC's determination that Mondo's conduct was non-egregious but not voluntarily disclosed.

The Federal Reserve Board yesterday announced that the results of its annual bank stress test showed that while large banks would endure greater losses than last year's test, they are well positioned to weather a severe recession and stay above minimum capital requirements. Additionally, the Board published aggregate results from its first exploratory analysis, which will not affect bank capital requirements.

The Board's stress test is one tool to help ensure that large banks can support the economy during downturns. The test evaluates the resilience of large banks by estimating their capital levels, losses, revenue and expenses under a single hypothetical recession and financial market shock, using banks' data as of the end of last year. The individual results from the stress test inform a bank's capital requirements to help ensure a bank could survive a severe recession and financial market shock.

The Board also conducted an exploratory analysis, including two funding stresses to all banks tested and two trading book stresses to only the largest and most complex banks. The exploratory analysis is distinct from the stress test, exploring additional hypothetical risks to the broader banking system.

The two funding stresses include a rapid repricing of deposits, combined with a more severe and less severe recession. Under each element, large banks would remain above minimum capital requirements in aggregate, with capital ratio declines of 2.7 percentage points and 1.1 percentage points, respectively. Under the two trading book stresses, which included the failure of five large hedge funds under different market conditions, the largest and most complex banks are projected to lose between $70 billion and $85 billion. The results demonstrated that these banks have material exposure to hedge funds but that they can withstand different types of trading book shocks.

FinCEN has reported it has issued a final rule under section 311 of the USA PATRIOT Act (section 311) that severs Al-Huda Bank from the United States financial system by prohibiting domestic financial institutions and agencies from opening or maintaining a correspondent account for or on behalf of Al-Huda Bank, an Iraqi bank that serves as a conduit for terrorist financing.

On January 31, 2024, FinCEN issued a finding and notice of proposed rulemaking (NPRM) that identified Al-Huda Bank as a foreign financial institution of primary money laundering concern. As described in the finding, Al-Huda Bank has for years exploited its access to U.S. dollars to support designated foreign terrorist organizations, including Iran’s Islamic Revolutionary Guard Corps (IRGC) and IRGC-Quds Force, as well as Iran-aligned Iraqi militias Kata’ib Hizballah and Asa’ib Ahl al-Haq. Moreover, the chairman of Al-Huda Bank is complicit in Al-Huda Bank’s illicit financial activities, including money laundering through front companies that conceal the true nature of and parties involved in illicit transactions, ultimately enabling the financing of terrorism.

FinCEN is taking this section 311 action to protect the United States financial system from Al-Huda Bank’s illicit activity. Pursuant to this final rule, covered financial institutions are now prohibited from opening or maintaining correspondent accounts for or on behalf of Al-Huda Bank, and are required to take reasonable steps not to process transactions for the correspondent account of a foreign banking institution in the United States if such a transaction involves Al-Huda Bank, preventing indirect access by Al-Huda Bank to the United States financial system. This final rule also requires covered financial institutions to apply special due diligence to their foreign correspondent accounts that is reasonably designed to guard against their use to process transactions involving Al-Huda Bank.

The rule adds section 663 to 31 CFR Part 1010, effective upon publication in the Federal Register. BankersOnline has added section 663 to its 31 CFR Part 1010 pages.

The OCC has reported on the performance of first-lien mortgages in the federal banking system during the first quarter of 2024.

The OCC Mortgage Metrics Report, First Quarter 2024 showed that 97.4 percent of mortgages included in the report were current and performing at the end of the quarter, an increase from 97.2 percent in fourth quarter 2023, and a decrease from 97.6 percent a year ago.

The percentage of seriously delinquent mortgages—mortgages that are 60 or more days past due and all mortgages held by bankrupt borrowers whose payments are 30 or more days past due—decreased from the previous quarter and has trended down since the first quarter of 2022.

Servicers initiated 7,408 new foreclosures in the first quarter of 2024, a decrease from the previous quarter and from a year earlier.

The FHFA has reported the U.S. house prices rose in April, up 0.2 percent from March, according to its seasonally adjusted monthly House Price Index (HPI). House prices rose 6.3 percent from April 2023 to April 2024. The previously reported 0.1 percent price increase in March was revised downward to 0.0 percent.

For the nine census divisions, seasonally adjusted monthly price changes from March 2024 to April 2024 ranged from -0.2 percent in the West South Central and Middle Atlantic divisions to +1.4 percent in the East South Central division. The 12-month changes were all positive, ranging from +3.0 percent in the West South Central division to +8.5 percent in the New England and Middle Atlantic divisions.

“U.S. house prices continued to rise in April,” said Dr. Anju Vajja, Deputy Director for FHFA’s Division of Research and Statistics. “However, the appreciation rate slowed in April amid a slight rise in both mortgage rates and housing inventory. The housing market in general began to show some signs of normalization.”

The Treasury Department yesterday reported that OFAC had sanctioned nearly 50 entities and individuals that constitute multiple branches of a sprawling “shadow banking” network used by Iran’s Ministry of Defense and Armed Forces Logistics (MODAFL) and Islamic Revolutionary Guard Corps (IRGC) to gain illicit access to the international financial system and process the equivalent of billions of dollars since 2020. MODAFL and the IRGC engage in several commercial revenue-generating activities, most notably the sale of Iranian oil and petrochemicals.

Networks of Iranian exchange houses and dozens of foreign cover companies under their control enable MODAFL and the IRGC to disguise the revenue they generate abroad that is then available to use for a range of MODAFL and IRGC activities, including the procurement and development of advanced weapons systems such as unmanned aerial vehicles. This revenue also supports the provision of weapons and funding to Iran’s regional proxy groups, including Yemen’s Houthis, who continue a campaign of reckless attacks on global shipping, as well as the transfer of UAVs to Russia for use in its war of aggression against Ukraine.

For the names and identification information of the designated parties, see the June 25, 2024, BankersOnline OFAC Update.

The Federal Reserve Board has announced the execution of a written agreement between Pedcor Financial, LLC (Carmel, Indiana), Pedcor Financial Bancorp (Carmel, Indiana), Fidelity Federal Bancorp (Evansville, Indiana), and the Federal Reserve Bank of Chicago, to address capital planning, risk management, contingency funding planning, and oversight by senior management and the board of directors of United Fidelity Bank, FSB (Evansville, Indiana).