Compliance Update - August 4, 2023
NBA, State Bankers Associations Seek 1071 Implementation Delay
The NBA and 49 other state bankers associations recently joined in support of a request by the Texas Bankers Association (TBA) and the American Bankers Association (ABA) to extend a court-ordered delay of its Section 1071 rule to apply to all FDIC-insured banks. "We agree that extending the relief already provided to numerous banks nationwide would be prudent and ameliorate confusion," the associations said.
A federal judge granted the delay only to member banks of the ABA and TBA. The relief will remain in effect while the Supreme Court hears the constitutional challenge to the CFPB's funding structure in CFPB v. Community Financial Services Association of America. Arguments in the case are scheduled for October.
The ruling could be issued in the first half of 2024, leading to a potential delay in compliance for ABA and TBA member banks, possibly ranging from six to eight months, irrespective of the case's outcome, the ABA and TBA said in a recent webinar. In order to be covered by the delay, banks would need to be members in good standing of the ABA or TBA when the Supreme Court case is decided.
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Regulators Update Liquidity Risk, Contingency Funding Plan Guidance
The Federal Financial Institutions Examination Council (FFIEC) updated the FFIEC Bank Secrecy Act/Anti-Money Laundering Examination Manual. The changes cover subjects like correspondent accounts for foreign bank connections to Iranian-linked entities.
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