One of the benefits of your credit union's League membership is access to InfoSight--a valuable online compliance resource. This newsletter contains some timely highlights, and access to InfoSight is a benefit of League affiliation, so it is password-protected. If you have a specific compliance issue or concern, contact our Consulting Department at (800) 285-5300. Replies to this email will be directed to SVP, League Services & Regulatory Analysis Joe Guilfoy .
InfoSight Highlight
Recent channel updates
With the release of the new compliance videos, we just wanted to remind you of a few channel updates over the last quarter:
 
 
Be sure you’re in compliance with these changes today!
Compliance Videos
Compliance Connection Video - New Videos!
Two new videos have been posted to the Compliance Connection channel on You Tube! 


Our Compliance Connection channel help keep you up to date on trends and topics happening in the Compliance Space! It’s also a great resource to provide training on compliance issues to your non-compliance staff, executive management and Board of Directors.
Compliance News
Joint statement on BSA/AML supervision issued
As a result of a working group established by the U.S. Department of the Treasury’s Office of Terrorism and Financial Intelligence, the federal bank regulatory agencies and the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) recently issued a joint statement as part of continuing efforts to improve transparency into their risk-focused approach to Bank Secrecy Act (BSA)/anti-money laundering (AML) supervision. The risk-focused approach enables federal agencies to better tailor examination plans and procedures based on the unique risk profile of each financial institution.
 
The statement outlines common practices for assessing a financial institution’s money laundering/terrorist financing risk profile, assisting examiners in scoping and planning the examination and initially evaluating the adequacy of the BSA/AML compliance program. Using this approach, the agencies generally are able to allocate more resources to higher-risk areas and fewer resources to lower-risk areas when conducting BSA/AML examinations. The statement does not establish new requirements, and also notes that having a risk-based compliance program enables a financial institution to allocate compliance resources commensurate with its risk.
 
This statement was developed by a working group aimed at improving the effectiveness and efficiency of the BSA/AML regime. Members include the Federal Reserve Board, the Federal Deposit Insurance Corporation, the National Credit Union Administration, the Office of the Comptroller of the Currency, and FinCEN.
 
The joint statement is the third statement resulting from the working group.
NCUA Finalizes Appraisal Rule and Fidelity Bonds; Proposes “Second Chances IRPS”
The NCUA Board recently issued a proposed IRPS regarding prohibitions imposed by section 205(d), adopted final rules on real estate appraisals and fidelity bonds, and approved its 2019 mid-session budget.
 
Proposed IRPS – Guidance Regarding Prohibitions Imposed by FCU Act § 205(d )
The Board issued a  proposed Interpretive Ruling and Policy Statement , referred to as the “Second Chances IRPS.” The proposed IRPS would update and revise the existing IRPS (IRPS 08-1) regarding statutory prohibitions imposed by § 205(d) of the FCU Act, which prohibits, except with prior NCUA Board approval, any person who has been convicted of any criminal offense involving dishonesty or breach of trust, or who has entered into a pretrial diversion or similar program in connection with a prosecution for such offense, from participating in the affairs of an insured credit union.
The proposed IRPS would replace the existing IRPS in an effort to reduce regulatory burden. The proposed IRPS would amend and expand the current de minimis exception to reduce the scope and number of offenses that would require an application to the NCUA Board. Specifically, the proposed IRPS would not require an application for:
  • Insufficient funds checks of aggregate moderate value;
  • Small dollar simple theft;
  • False identification
  • Simple drug possession; and
  • Isolated minor offenses committed by covered persons as young adults.
 
NCUA will accept public comments on the proposed IRPS for 60 days following publication in the  Federal Register.
 
Final Rule – Real Estate Appraisals [Part 722]
The Board adopted a long-awaited  final rule requiring real estate appraisals for certain transactions. Specifically, the final rule, adopted largely as proposed:
  • Increases the threshold below which appraisals are not required for commercial real estate transactions from $250,000 to $1,000,000;
  • Restructures the rule to enhance clarity;
  • Exempts from the rule certain federally related transactions involving real estate in a rural area; and
  • Makes conforming amendments to the definitions section.
The final rule does not adopt a proposed change that would have replaced the current § 722.3(a)(5) exemption for certain existing extensions of credit with an exemption based on whether a transaction is not considered a “new loan” under GAAP.
 
The final rule will be effective 90 days following publication in the  Federal Register.
 
Final Rule – Fidelity Bonds [Parts 704, 713]
The Board adopted a  final rule on fidelity bonds under Part 704 for corporate credit unions and Part 713 for natural person credit unions. Specifically, the final rule:
  • Strengthens a board of directors’ oversight of a FICU’s fidelity bond coverage;
  • Ensures an adequate period to discover and file fidelity bond claims following a FICU’s liquidation;
  • Codifies a 2017 legal opinion that permits a natural person credit union’s fidelity bond to include coverage for certain CUSOs; and
  • Addresses Board approval of bond forms.
The final rule includes the following changes from the proposed rule aimed at reducing regulatory burden:
  • Does not require a credit union’s supervisory committee to review its fidelity bond renewal;
  • Reduced the mandatory discovery period from two years to one year following a credit union’s involuntary liquidation; and
  • Provides increased flexibility to the provision that sunsets Board approval of fidelity bond forms.
 
The final rule will be effective 90 days following publication in the  Federal Register.
 
Source: NCUA
Six Things to Consider When the Government Wants Their Money Back
As you know, when a member who receives Federal government benefits into their credit union account through the Automated Clearing House (ACH) dies, the Federal government will send a Notice of Reclamation to recover all benefit payments that were made since the member’s death. This procedure of recovering federal government benefit payments is referred to as “Reclamation.”
 
The following are 6 things you should know about this procedure:

  1. The CU’s Implicit Agreement with the Government: By accepting a recurring benefit payment from the government, a credit union agrees to the provisions of reclamation and authorizes the debiting of the credit union’s Federal Reserve Bank account, if the government deems it necessary. For example, if a credit union does not return the full amount of the outstanding total or any other amount for which the credit union is liable in a timely manner, the Federal Government will collect the amount outstanding by instructing the appropriate Federal Reserve Bank to debit the credit union’s account. 
  2. Member Notice when Closing the Account: If a credit union closes an account to which benefit payments currently are being sent, the credit union must provide 30 calendar days written notice to the recipient prior to closing the account, except in cases of fraud. 
  3. Identification Verification: A credit union that accepts an authorization without verifying the identity of the recipient will be liable to the Federal Government for all credits or debits made in reliance on the authorization. 
  4. Incorrect Account Number: If an agency determines, after appropriate investigation, that a loss has occurred because of a credit union error, for example, an incorrect account number, the agency will notify the credit union and provide the credit union with a reasonable opportunity to respond. If the credit union doesn’t respond, or responds insufficiently, the agency may have the amount debited from the credit union’s Federal Reserve Bank account. 
  5. Notice of Misdirected Payment: If a credit union becomes aware that an agency has originated an ACH credit entry to an account that is not owned by the payee named in the ACH payment information, the credit union must promptly notify the agency. A credit union that originates a Notification of Change (NOC) entry with the correct information or returns the original ACH credit entry to the agency with an appropriate return reason code, will be deemed to have satisfied this requirement. 
  6. Notice of Death: A credit union must return any benefit payments received after the credit union becomes aware of the death or legal incapacity of a recipient, regardless of the manner in which the credit union discovers this information. If the credit union learns of the death or legal incapacity of a recipient from a source other than notice from the agency, the credit union must immediately notify the agency of the death or incapacity. The proper use of the R15 or R14 return reason code will be deemed to constitute this notice. 
 
 
Source: CUNA
Equifax to Pay $575 Million as Part of Settlement with FTC, CFPB, and States Related to 2017 Data Breach
The Federal Trade Commission  recently announced that Equifax Inc. has agreed to pay at least $575 million, and potentially up to $700 million, as part of a global settlement with the Commission, the Consumer Financial Protection Bureau (CFPB), and 50 U.S. states and territories, which alleged that the credit reporting company’s failure to take reasonable steps to secure its network led to a data breach in 2017 that affected approximately 147 million people. A complaint filed by the FTC alleged Equifax failed to secure the massive amount of personal information stored on its network, leading to a breach that exposed millions of names and dates of birth, Social Security numbers, physical addresses, and other personal information that could lead to identity theft and fraud.
 
Source: FTC
Other Articles of Interest:
Advocacy Highlight
Keeping up with CUNA Advocacy
To stay abreast of the issues on which CUNA has provided input to lawmakers and regulators, here is a list of those topics .
 
CUNA Advocacy Update
The CUNA Advocacy Update is published at the beginning of every week and keeps you on top of the most important changes in Washington for credit unions--and what CUNA is doing to monitor, analyze, and influence government agencies and federal law. To receive this update, click on “Get CUNA Updates” on the CUNA Advocacy page . Additional Advocacy efforts may also be found under CUNA’s Removing Barriers blog . With the recent updates to CUNA’s website, Advocacy information has also changed. To view recent advocacy issues and see ways your credit union can become involved, visit the Priorities or Actions pages.
Weekly Regulatory Advocacy Report
The Weekly Advocacy Report provides links to information about a number of recent League, CUNA and NCUA regulatory and advocacy activities. 
   
Upcoming Education Sessions
The League has several education sessions coming up. Several focus on compliance issues. They are listed in calendar format on the League website.
   
League Consulting Department Staff
(800) 285-5300
Compliance Calendar
There's more available from InfoSight
InfoSight content is available from the League's website . Visit anytime to get sample policies, links to federal regulations and summaries of issues that are hot-topics at your credit union. 
 
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