Federal and State Regulators Release Updates to the BSA/AML Examination Manual

WASHINGTON (Feb. 25, 2021) – The Federal Financial Institutions Examination Council (FFIEC) today released updates to four sections of the Bank Secrecy Act/Anti-Money Laundering (BSA/AML) Examination Manual (Manual). Today’s updates affect the following Manual sections:

  • Introduction – Assessing Compliance with Bank Secrecy Act Regulatory Requirements
  • Customer Identification Program
  • Currency Transaction Reporting
  • Transactions of Exempt Persons

The updates should not be interpreted as new instructions or as a new or increased focus on certain areas; instead, they offer further transparency into the examination process and support risk-focused examination work. 

The Manual provides instructions to examiners for assessing the adequacy of a bank’s or credit union’s BSA/AML compliance program and its compliance with BSA regulatory requirements. The Manual itself does not establish requirements for banks; such requirements are found in statutes and regulations.

The Federal Reserve Board, the Federal Deposit Insurance Corporation, the National Credit Union Administration, the Office of the Comptroller of the Currency, and the State Liaison Committee worked closely with Treasury’s Financial Crimes Enforcement Network on today’s updates. These updates will be identified by a 2021 date on the FFIEC BSA/AML InfoBase. Updates to other sections of the Manual will be announced as they are completed.

Agency Contact Phone
Federal Reserve Darren Gersh 202.452.2955
CFPB Michael Robinson 202.435.7170
FDIC Julianne Breitbeil 202.898.6895
NCUA Ben Hardaway 703.518.6333
OCC Stephanie Collins 202.649.6870
SLC Catherine Pickels 202.728.5733

Federal and State Financial Regulatory Agencies Issue Interagency Statement on Supervisory Practices Regarding Financial Institutions Affected by Texas Winter Storms

(Feb. 22, 2021) – The Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the National Credit Union Administration, and the state regulators, collectively the agencies, recognize the serious impact of Texas Winter Storms on the customers and operations of many financial institutions and will provide appropriate regulatory assistance to affected institutions subject to their supervision. The agencies encourage institutions operating in the affected areas to meet the financial services needs of their communities.

A complete list of the affected disaster areas can be found at https://www.fema.gov/disasters.

Lending: The agencies encourage financial institutions to work constructively with borrowers in communities affected by Texas Winter Storms. Prudent efforts to adjust or alter terms on existing loans in affected areas should not be subject to examiner criticism. Institutions should individually evaluate modifications of existing loans to determine whether they represent troubled debt restructurings according to U.S. generally accepted accounting principles. Institutions should consider the facts and circumstances of each borrower and loan, and apply judgment, as not all modifications will result in a troubled debt restructuring. In supervising institutions affected by Texas Winter Storms, the agencies will consider the unusual circumstances these institutions face. The agencies recognize that efforts to work with borrowers in communities under stress can be consistent with safe-and-sound practices as well as in the public interest.

Temporary Facilities: The agencies understand that many financial institutions face staffing, power, telecommunications, and other challenges in re-opening facilities after Texas Winter Storms. In cases in which operational challenges persist, the primary federal and/or state regulator will expedite, as appropriate, any request to operate temporary facilities to provide more convenient availability of services to those affected by Texas Winter Storms.

Publishing Requirements: The agencies understand that the damage caused by Texas Winter Storms may affect compliance with publishing and other requirements for branch closings, relocations, and temporary facilities under various laws and regulations. Institutions experiencing disaster-related difficulties in complying with any publishing or other requirements should contact their primary federal and/or state regulator.

Regulatory Reporting Requirements: Institutions affected by Texas Winter Storms that expect to encounter difficulty meeting the agencies’ reporting requirements should contact their primary federal and/or state regulator to discuss their situation. The agencies do not expect to assess penalties or take other supervisory action against institutions that take reasonable and prudent steps to comply with the agencies’ regulatory reporting requirements, if those institutions are unable to fully satisfy those requirements because of Texas Winter Storms.

The agencies’ staffs stand ready to work with affected institutions that may be experiencing problems fulfilling their reporting responsibilities, taking into account each institution’s particular circumstances, including the status of its reporting and recordkeeping systems and the condition of its underlying financial records.

Community Reinvestment Act (CRA): Financial institutions may receive CRA consideration for community development loans, investments, or services that revitalize or stabilize federally designated disaster areas in their assessment areas or in the states or regions that include their assessment areas. For additional information, refer to the Interagency Questions and Answers Regarding Community Reinvestment at https://www.ffiec.gov/cra/qnadoc.htm.

Investments: Institutions are encouraged to monitor municipal securities and loans affected by Texas Winter Storms. The agencies realize local government projects may be negatively affected by the disaster and encourage institutions to engage in appropriate monitoring and take prudent efforts to stabilize such investments.

For more information, refer to the Interagency Supervisory Examiner Guidance for Institutions Affected by a Major Disaster, which is available as follows:

CSBS: https://www.csbs.org/interagency-supervisory-examiner-guidance-institutions-affected-major-disaster
FDIC: https://www.fdic.gov/news/news/financial/2017/fil17062.html
FRB: https://www.federalreserve.gov/supervisionreg/srletters/sr1714a1.pdf
OCC: https://www.occ.gov/news-issuances/bulletins/2017/bulletin-2017-61.html
NCUA: https://www.ncua.gov/files/supervisory-letters/SL-17-02-examiner-guidance-institutions-affected-major-disaster.pdf

Agency Contact Phone
CSBS Catherine Pickels 202.728.5734
Federal Reserve Darren Gersh 202.452.2955
FDIC Julianne Fisher Breitbeil 202.898.6895
NCUA Ben Hardaway 703.518.6330
OCC Stephanie Collins 202.649.6870

Board Approves Joint-Ownership Share Accounts Final Rule

Board Action Bulletin

ALEXANDRIA, Va. (Feb. 18, 2021) – The National Credit Union Administration Board held its second open meeting of 2021 through a live audio webcast and approved a final rule on joint-ownership share accounts. In addition, the Board was briefed on the Share Insurance Fund’s performance during the fourth quarter of 2020 and on the U.S. Department of the Treasury’s Emergency Capital Investment Program.

Board Approves Joint-Ownership Share Account Final Rule

The NCUA Board unanimously approved a final rule amending the NCUA’s regulation governing the requirements for a share account to be separately insured as a joint account. The final rule provides federally insured credit unions with an alternative method to satisfy the membership card or account signature card requirement. For example, under the final rule, the signature card requirement can be satisfied by the credit union having issued a mechanism for accessing the account, such as a debit card, to each co-owner or evidence of usage of the joint share account by each co-owner.

“This final rule would make the share insurance provided by the NCUA to members of federally insured credit unions comparable to deposit insurance of the customers of banks and thrifts,” Chairman Todd M. Harper said. “By maintaining parity between the two federal programs that protect the shares and deposits of consumers, the final rule enhances confidence in the share insurance fund and ensures that credit unions remain on a competitive footing with banks and thrifts.”

Chairman Harper also noted that comments received on the rule emphasized that the change is especially important given the challenges posed by COVID-19 and the resulting economic uncertainty. “Should the pandemic’s economic fallout contribute to the failure of a federally insured credit union, these changes would facilitate the prompt payment of share insurance on joint accounts,” Chairman Harper said.

The final rule is effective 30 days from date of publication in the Federal Register.

Share Insurance Fund Assets Grow; Equity Ratio Stands at 1.26 Percent

The Chief Financial Officer briefed the Board on the performance of the National Credit Union Share Insurance Fund and the status of the fund’s equity ratio, noting that the fund reported a net income of $32.9 million and a net position of $18.9 billion for 2020. Additionally, the fund’s assets rose to $19.1 billion at the end of the year from $16.7 billion at the end of 2019.

As of Dec. 31, 2020, the Share Insurance Fund’s calculated equity ratio was 1.26 percent, an increase from 1.22 percent reported as of June 30, 2020. The equity ratio was calculated on an insured share base of $1.5 trillion. The equity ratio was lower than the Board-approved normal operating level of 1.38 percent.

“The primary factors contributing most significantly to the continuing decline in the equity ratio — strong growth in insured shares and reduced investment returns — remain and will likely continue in the future,” Chairman Harper said. “Any future decision by the Board to assess premiums must be data-driven. History has also shown the importance of building up the resiliency of the Share Insurance Fund, so it can handle the potential issues related to the pandemic’s economic fallout that we know are coming.”

For the fourth quarter of 2020:

  • The number of CAMEL codes 4 and 5 credit unions decreased to 159 from 163 in the third quarter of 2020. Assets for these credit unions increased $0.1 billion from the third quarter of 2020, to $9.8 billion from $9.7 billion.
  • The number of CAMEL code 3 credit unions decreased to 748 from 767 in the third quarter of 2020. Assets for these credit unions remained the same at $40.6 billion from the third quarter of 2020.

One credit union failure incurred a loss to the Share Insurance Fund in 2020, compared to two credit union failures in 2019. The cost of the 2020 failure was $1.6 million.

The Chief Financial Officer also reported the agency’s four funds — the Share Insurance Fund, the Operating Fund, the Central Liquidity Facility and Community Development Revolving Loan Fund — each received an unmodified, or “clean,” audit opinion with no reportable conditions for 2020 from the agency’s independent auditor, KPMG LLP.

Briefing Provides Update on Emergency Capital Investment Program

The NCUA’s Offices of Examination and Insurance, Credit Union Resources and Expansion, and General Counsel briefed the Board on the U.S. Department of the Treasury’s Emergency Capital Investment Program and how it could be leveraged by eligible federally insured credit unions.

“I am deeply committed to advancing economic equity and justice, and today’s briefing raises awareness about this important, albeit short-term, tool that has the potential to make a real difference in the lives of many Americans,” Harper said. “And, the ECIP aligns with the mission of the credit union movement to expand access to affordable financial services to those of modest means.”

Congress created this program as part of the Consolidated Appropriations Act, 2021 to help community-based financial institutions support consumers and local small businesses in low-income and underserved communities disproportionately affected by the economic effects of the COVID-19 pandemic. A federally insured credit union must be certified as a Community Development Financial Institution or as a minority depository institution to participate in the program.

The briefing included information on the program’s eligibility and application requirements; the financial instrument and terms used for this investment, and whether credit unions can use the investment as secondary capital.

Additional information on the Emergency Capital Investment Program from the briefing is available on the NCUA’s website.

The NCUA tweets all open Board meetings live. Follow @TheNCUA on Twitter, and access Board Action Memorandums and NCUA rule changes at www.ncua.gov. The NCUA also live streams, archives and posts videos of open Board meetings online.

Registration Now Open for Webinar on Earned Income Tax Credit and Volunteer Income Tax Assistance Programs

ALEXANDRIA, Va. (Feb. 17, 2021) – The National Credit Union Administration and the Internal Revenue Service are co-hosting a webinar on the Earned Income Tax Credit and Volunteer Income Tax Assistance (VITA) programs. The NCUA and the IRS encourage credit unions, their members, and others to participate in the webinar to learn more about the benefits of these tax programs.

Registration for the February 23 event, “Tax Time Resources for Credit Unions and Consumers,” is now open. The webinar is scheduled to begin at 2 p.m. Eastern and run for approximately 45 minutes. Participants will be able to log into the webinar and view it on their computers or mobile devices using the registration link. They should allow pop-ups from this website.

Representatives from the NCUA’s Office of Consumer Financial Protection, along with Board Member Rodney E. Hood and senior IRS officials, will participate in the webinar.

The presentation will include information on credit union Call Report data, Earned Income Tax Credit resources, and stakeholder partnerships. Both agencies will discuss their financial literacy efforts regarding the Earned Income Tax Credit and VITA, geared to low- and moderate-income families, and highlight the resources available to consumers at MyCreditUnion.gov and other websites. A Q&A segment will follow.

Participants can submit questions in advance by emailing [email protected]. The email’s subject line should read, “Tax Time Resources for Credit Unions and Consumers.” Please email technical questions about accessing the webinar to [email protected].

This webinar will be closed captioned and archived online approximately three weeks following the live event.

NCUA’s Four Funds Receive Clean 2020 Audit Opinions

ALEXANDRIA, Va. (Feb. 16, 2021) – The National Credit Union Administration’s four funds again earned unmodified, or “clean,” audit opinions for 2020, according to audited financial statements released today by the agency’s Office of the Inspector General.

The complete 2020 financial statement audits are available on NCUA.gov.

The financial statements, audited by the independent auditor KPMG LLP, cover the National Credit Union Share Insurance Fund, the agency’s Operating Fund, the Central Liquidity Facility, and the Community Development Revolving Loan Fund.

The Share Insurance Fund, which held assets of $19.1 billion on Dec. 31, 2020, protects the deposits of more than 124 million members at more than 5,000 federally insured credit unions.

Register Now for NCUA Chairman’s Webinar on Feb. 11

ALEXANDRIA, Va. (Feb. 2, 2021) – The National Credit Union Administration will hold a webinar on Thursday, February 11, that will provide participants with an update on Chairman Todd M. Harper’s priorities, the agency’s supervisory activities, and recently issued guidance and regulations, among other topics.

“Open communication with stakeholders aids the NCUA in achieving its safety and soundness mission and consumer financial protection oversight responsibilities. Such interactions also assist the agency in developing effective and efficient regulations,” Chairman Harper said. “I look forward to participating in this webinar and sharing my regulatory philosophy and other thoughts about our priorities and programs with stakeholders.”

Registration for the “NCUA Chairman’s” webinar is now open. The webinar will begin at 2 p.m. Eastern and run for approximately 90 minutes. Participants will be able to log into the webinar and view it on their computers or mobile devices using the registration link. They should allow pop-ups from this website.

Participants can submit questions anytime during the presentation or in advance by emailing [email protected]. The email’s subject line should read, “NCUA Chairman’s Webinar.” Please email technical questions about accessing the webinar to [email protected]. This webinar will be closed captioned and archived online approximately three weeks following the live event.

Harper Names Catherine Galicia as Chief of Staff

ALEXANDRIA, Va. (Feb. 1, 2021) – National Credit Union Administration Chairman Todd M. Harper selected Catherine Galicia to serve as his Chief of Staff.

“Catherine’s breadth and depth of knowledge of financial services and consumer financial protection policy has served as a guiding light for me throughout my time on the NCUA Board,” Chairman Harper said. “Her vast bicameral experience on Capitol Hill, at the Consumer Financial Protection Bureau, and as a leader in the private industry has established her as a trustworthy negotiating partner among stakeholders to forge consensus agreements. She is a champion for economic equity and justice and an invaluable advocate for 123 million credit union members across the nation.”

Galicia is one of the highest-ranking Latinas in a Financial Institutions Reform, Recovery, and Enforcement Act agency. Prior to being named Chief of Staff, she served as then-Board Member Harper’s Senior Policy Counsel since July 2019.

During her 15 years on Capitol Hill, Galicia gained bicameral Congressional experience working for Chairmen Christopher J. Dodd and Tim Johnson as Counsel on the Senate Banking Committee; Senator Evan Bayh as staff director of the International Trade and Finance Subcommittee and Banking Committee Counsel; Congressman Jim Maloney as legislative director and financial service policy aide; and Congresswoman Nydia M. Velazquez as legislative director and financial service policy aide.

Before joining the NCUA, Galicia was the head of the Office of Legislative Affairs at the Consumer Financial Protection Bureau. She also worked for Banco Popular as Vice President for Government Affairs, where she led the bank’s Washington office.

Galicia holds a bachelor’s degree in history from the University of Connecticut and a Juris Doctor degree from Rutgers University School of Law. She is a member of the Massachusetts Bar Association.

NCUA Hosting Feb. 3 Webinar on Treasury’s Emergency Capital Investment Program

ALEXANDRIA, Va. (Jan. 28, 2021) – Eligible credit unions interested in the U.S. Department of the Treasury’s Emergency Capital Investment Program can get valuable information during an upcoming webinar hosted by the National Credit Union Administration on February 3 starting at 2 p.m. Eastern.

Congress created this program as part of the Consolidated Appropriations Act, 2021 to help community-based financial institutions support consumers and local small businesses in low-income and underserved communities that have been disproportionately affected by the economic effects of the COVID-19 pandemic. A federally insured credit union must be certified as a Community Development Financial Institution or as a minority depository institution to participate in the program.

“The Emergency Capital Investment Program offers eligible credit unions resources to support members and communities negatively impacted by the pandemic,” NCUA Board Chairman Todd M. Harper said. “I encourage eligible credit unions to participate in this webinar and to learn more about the benefits of this program and how it can be used to support the communities they serve.”

The webinar will discuss the program’s eligibility and application requirements; the financial instrument and terms used for the investment, and whether credit unions can use the investment as secondary capital.

Registration for this 60-minute webinar is now open online. Participants will be able to log into the webinar and view it on their computers or mobile devices using the registration link. They should allow pop-ups from this website.

Participants can submit questions anytime during the presentation or in advance by emailing [email protected]. The email’s subject line should read, “Emergency Capital Investment Program.” Please email technical questions about accessing the webinar to [email protected]. This webinar will be closed captioned and archived online approximately three weeks following the live event.

Expanding the availability of safe and affordable credit to meet the needs of diverse and underserved communities is a pillar of the NCUA’s financial inclusion initiative, ACCESS: Advancing Communities through Credit, Education, Stability, and Support. To learn more, please visit www.ncua.gov/access.

NCUA Issues Two Prohibition Notices

ALEXANDRIA, Va. (Jan. 29, 2021) – The National Credit Union Administration issued two prohibition notices in January. These individuals are prohibited from participating in the affairs of any federally insured financial institution.

  • Kyle Erisman, a former employee of True North Federal Credit Union in Juneau, Alaska, was sentenced on a charge of embezzlement in connection with his employment.
  • Patricia Martin, a former employee of McCoy Federal Credit Union in Orlando, Florida, was sentenced on a charge of theft in connection with her employment.

Prohibition and administrative orders are searchable by name, institution, city, state, and year at the NCUA’s Administrative Orders webpage. The webpage also provides links to the federal enforcement actions of federal banking agencies against other institutions or their affiliated parties.

You may view NCUA enforcement orders online or inspect them at the NCUA’s Office of General Counsel between 9 a.m. and 4 p.m. Eastern, Monday through Friday. You also may order copies by mail from the NCUA at 1775 Duke Street, Alexandria, Virginia 22314-3428.

Hauptman, Hood Congratulate Harper on Being Named NCUA Board Chairman

ALEXANDRIA, Va. (Jan. 26, 2021) – National Credit Union Administration Vice Chairman Kyle S. Hauptman and Board Member Rodney E. Hood congratulated Todd M. Harper on being named NCUA Board Chairman by President Joseph R. Biden, Jr.

“I congratulate Todd on his appointment as Chair of the NCUA,” Vice Chairman Hauptman said. “I look forward to working with him to provide a regulatory framework that helps credit unions meet the evolving needs of members, especially during this difficult time. I wish him well in his new role. I would also like to thank Rodney Hood for his service as Chairman. Both the credit union community and the agency benefited from his leadership.”

“I offer my heartfelt congratulations to Todd M. Harper on his designation by President Biden as NCUA Chairman,” Board Member Hood said. “As the effects of COVID-19 continue to directly impact Americans and the credit union community as a whole, I look forward to continuing to work in partnership with my Board colleagues to address these significant challenges in a bipartisan manner in the years ahead.”

Chairman Harper was nominated to the NCUA Board on Feb. 6, 2019. Following Senate confirmation, he took office as an NCUA Board Member on April 8, 2019. Before joining the NCUA Board, Harper served as director of the agency’s Office of Public and Congressional Affairs and chief policy advisor to former Chairmen Debbie Matz and Rick Metsger. He is the first member of the NCUA staff to become an NCUA Board Member and Chairman.