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Daily Financial Regulation Update — Saturday, March 25, 2023 | Paul Hastings LLP


Major Developments

Congress

U.S. Senate

Committee on Banking, Housing, and Urban Affairs

Banking Committee Republicans Probe Federal Reserve Supervision of SVB

March 24, 2023

Members of the Senate Banking Committee Republicans are demanding answers and seeking records from the Board of Governors of the Federal Reserve System (Federal Reserve) and the Federal Reserve Bank of San Francisco regarding their supervision of Silicon Valley Bank (SVB) in the leadup to its failure.

U.S. House of Representatives

Committee on Financial Services

Barr, Huizenga, Kim Demand Clarity on Federal Reserve Supervisory Activity Preceding Recent Bank Failures

March 24, 2023

The Chairman of the Subcommittee on Oversight and Investigations, Bill Huizenga (MI-04), the Chairman of the Subcommittee on Financial Institutions and Monetary Policy, Andy Barr (KY-06), and Congresswoman Young Kim (CA-40) sent a letter to Vice Chair for Supervision of the Federal Reserve Michael Barr and President and CEO of the Federal Reserve Bank of San Francisco Mary Daly expressing concern about supervisory activity conducted prior to the collapse of SVB.

Barr, Huizenga Demand Information on Financial Stability Oversight Council Meeting Following Recent Bank Failures

March 24, 2023

The Chairman of the Subcommittee on Oversight and Investigations, Bill Huizenga (MI-04), and the Chairman of the Subcommittee on Financial Institutions and Monetary Policy, Andy Barr (KY-06), sent letters to Financial Stability Oversight Council (FSOC) Chair Janet Yellen and Chair of the Council of Inspectors General on Financial Oversight, Richard Delmar, demanding information on a March 12 meeting of FSOC regarding turbulence in the banking system.

Members of the House Financial Services Committee Demand California and New York Regulators Provide Information on Supervisory Efforts Surrounding Recent Bank Failures

March 24, 2023

House Financial Services Committee members are demanding the California and New York state-level regulators that supervised SVB and Signature Bank provide information regarding their supervisory efforts, coordination with Federal regulators, and decision making regarding the failed banks.

Federal Agencies

U.S. Department of the Treasury

Remarks by U.S. Treasurer Chief Lynn Malerba at a White House and U.S. Mint Event Honoring the American Women Quarters Program

March 24, 2023

U.S. Treasurer Chief Lynn Malerba gave remarks at a White House and U.S. Mint Event honoring the American Women Quarters Program.

Treasury Targets Belarusian State-Owned Enterprises, Government Officials, and Lukashenka’s Aircraft

March 24, 2023

The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) is designating three entities and nine individuals, and identifying one presidential aircraft, as blocked property.

Federal Reserve Board

Federal Reserve Board releases annual audited financial statements

March 24, 2023

The Federal Reserve on Friday released the 2022 combined annual audited financial statements for the Reserve Banks.

Federal Financial Institutions Examination Council Financial Statements as of and for the Years Ended December 31, 2022 and 2021, and Independent Auditors’ Reports

March 24, 2023

The Office of Inspector General for the Federal Reserve released the Federal Financial Institutions Examination Council financial statements as of and for the years ended December 31, 2022 and 2021, and independent auditors’ reports.

Federal Reserve publishes order denying application by Custodia Bank, Inc. to be supervised by the Federal Reserve

March 24, 2023

The Federal Reserve published its order denying the application by Custodia Bank, Inc. to be supervised by the Federal Reserve. The Federal Reserve previously announced its denial of the application, and its order is now available following a review for confidential information.

Federal Reserve Bank of New York

Underlying Inflation Gauge – March 2023

March 24, 2023

The Federal Reserve Bank of New York released the Underlying Inflation Gauge (UIG) for March 2023.

Blog: The New York Fed DSGE Model Forecast—March 2023

March 24, 2023

The Federal Reserve Bank of New York published a blog post entitled, “The New York Fed DSGE Model Forecast—March 2023.”

Office of the Comptroller of the Currency

OCC Appoints Six New Members to Mutual Savings Association Advisory Committee

March 24, 2023

The Office of the Comptroller of the Currency (OCC) appointed six new members to its Mutual Savings Association Advisory Committee.

Commodity Futures Trading Commission

Remarks of Commissioner Summer K. Mersinger at the International Women of Blockchain 2023 Web3 and Metaverse Conference

March 24, 2023

Commodity Futures Trading Commission (CFTC) Commissioner Summer K. Mersinger gave remarks at the International Women of Blockchain 2023 Web3 and Metaverse Conference.

Financial Stability Oversight Council

Financial Stability Oversight Council Meeting

March 24, 2023

U.S. Secretary of the Treasury Janet L. Yellen convened a meeting of the FSOC.

Financial Crimes Enforcement Network

FinCEN Issues Initial Beneficial Ownership Information Reporting Guidance

March 24, 2023

The Financial Crimes Enforcement Network published its first set of guidance materials to aid the public, and in particular the small business community, in understanding upcoming beneficial ownership information reporting requirements taking effect on January 1, 2024.

Fannie Mae

Commentary: Banking System Instability May Prove Catalyst for Recession

March 24, 2023

The Fannie Mae Economic and Strategic Research Group released its monthly commentary which projects a modest recession to begin in the second half of 2023, compared to the previously forecasted second quarter of 2023.

International

European Commission

EU-UK relations: Joint Committee adopts new Windsor Framework arrangements and Partnership Council looks to the future

March 24, 2023

The tenth meeting of the EU-UK Joint Committee and the second meeting of the EU-UK Partnership Council took place in London. The Joint Committee adopted a decision laying down the arrangements relating to the Windsor Framework.

European Banking Authority

EBA consults on standards for supervisors assessing the new market risk internal models under the Fundamental Review of the Trading Book

March 24, 2023

The European Banking Authority launched a public consultation on its draft Regulatory Technical Standards on the assessment methodology under which competent authorities verify institutions’ compliance with the requirements applicable to their internal models under the Fundamental Review of the Trading Book rules.

Bank of England

Market Participants Survey results – March 2023

March 24, 2023

The Bank of England released the results of the Market Participants Survey for March 2023.

Market Notice: Asset Purchase Facility: Gilt Sales

March 24, 2023

The Bank of England issued a market notice setting out the schedule for sales in Q2 2023 of gilts held in the Asset Purchase Facility for monetary policy purposes.

Bank of England Prudential Regulation Authority

UK Financial Conduct Authority

Joint HM Treasury and FCA statement on the Criminal Market Abuse Regime

March 24, 2023

HM Treasury and the Financial Conduct Authority have completed a review of the criminal market abuse regime, fulfilling the commitment made in the Economic Crime Plan 2019-22.

Administration Changes

Vacancies

Board of Governors of the Federal Reserve System

  • Vice Chair – Vacant (Vice Chair Leal Brainard resigned effective on or around February 20, 2023)

Office of the Comptroller of the Currency

  • Comptroller – Vacant (Michael Hsu serves as Acting Comptroller)

Financial Crimes Enforcement Network

  • Director – Vacant (Himamauli Das serves as Acting Director)

Appointments/Confirmation Hearings

U.S. Department of the Treasury – Janet Yellen (effective January 26, 2021)

Federal Reserve Board – Jerome H. Powell (effective May 23, 2022)

Federal Reserve Bank of New York – John C. Williams (effective June 18, 2018)

Federal Reserve Bank of Boston – Susan M. Collins (effective July 1, 2022)

Federal Deposit Insurance Corporation – Martin Gruenberg (effective January 5, 2023)

Office of the Comptroller of the Currency – Michael Hsu (acting Comptroller, effective May 10, 2021)

Securities and Exchange Commission – Gary Gensler (effective April 17, 2021)

Commodity Futures Trade Commission – Rostin Behnam (effective December 17, 2021)

Consumer Financial Protection Bureau – Rohit Chopra (effective October 12, 2021)

National Credit Union Administration – Todd M. Harper (effective January 20, 2021)

Small Business Administration – Isabella Casillas Guzman (effective March 16, 2021)

U.S. Department of Housing and Urban Development – Marcia Fudge (effective March 10, 2021)

Federal Housing Finance Agency – Sandra L. Thompson (effective June 22, 2022)

U.S. Department of Education – Dr. Miguel Cardona (effective March 2, 2021)

PH Client Alerts

Click here to read more from our Coronavirus series.

Legislation/Legislative Updates

Click here to view the full text of the Coronavirus Aid, Relief and Economic Security Act (the “CARES Act”), Enacted March 27, 2020.

Click here to view the full text of the Paycheck Protection Program Increase Act of 2020, Enacted April 24, 2020.

Click here to view the full text of the Paycheck Protection Program Flexibility Act of 2020, Enacted June 5, 2020.

Click here to view the full text of the Consolidated Appropriations Act, 2021, Enacted December 27, 2020.

Click here to view the full text of the American Rescue Plan of 2021, Enacted March 11, 2021.

Click here to view the full text of the PPP Extension Act of 2021, Enacted March 30, 2021.

Click here to view a running list of proposed legislation from the Senate Committee on Banking, Housing, and Urban Affairs, Senate Committee on Small Business and Entrepreneurship, House Committee on Financial Services, and House Committee on Small Business.



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