Daily Financial Regulation Update -- Wednesday, June 7, 2023

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Major Developments

Federal Reserve Board
Federal Deposit Insurance Corporation
Office of the Comptroller of the Currency

Agencies issue final guidance on third-party risk management

June 6, 2023

Federal bank regulatory agencies issued final joint guidance designed to help banking organizations manage risks associated with third-party relationships, including relationships with financial technology companies.

FDIC Board Director McKernan Statement

Congress

U.S. House of Representatives

Committee on Financial Services

Hearing: Uncertain Debt Management: Treasury Markets and Financial Institutions

June 6, 2023

The U.S. House Committee on Financial Services Subcommittee on Financial Institutions and Monetary Policy held a hearing entitled, "Uncertain Debt Management: Treasury Markets and Financial Institutions."

Committee on Small Business

Hearing: American Ingenuity: Promoting Innovation Through the Tax Code

June 6, 2023

The U.S. Committee on Small Business Subcommittee on Economic Growth, Tax, and Capital Access held a hearing entitled, "American Ingenuity: Promoting Innovation Through the Tax Code."

Federal Agencies

Federal Reserve Bank of Boston

Article: Assessing New England's post-COVID economy

June 5, 2023

The Federal Reserve Bank of Boston published an article discussing a FedListens forum for New Englanders to voice their economic priorities and concerns.

Commodity Futures Trading Commission

Chair Behnam Testifies Before U.S. House Committee on Agriculture

June 6, 2023

Commodity Futures Trading Commission (CFTC) Chair Rostin Behnam testified at a U.S. House Committee on Agriculture hearing entitled, "The Future of Digital Assets: Providing Clarity for Digital Asset Spot Markets."

CFTC Approves Cboe Clear Digital, LLC to Clear Margined Digital Asset Futures

June 5, 2023

The CFTC approved an amended order of registration for Cboe Clear Digital, LLC to clear additional products, subject to the terms and conditions specified in the order, as a derivatives clearing organization under the Commodity Exchange Act.

Consumer Financial Protection Bureau

CFPB Issue Spotlight Analyzes Artificial Intelligence Chatbots in Banking

June 6, 2023

The Consumer Financial Protection Bureau (CFPB) released a new issue spotlight on the expansive adoption and use of chatbots by financial institutions.

FINRA

Investor Insights: Zeroing In on an Options Trading Strategy: 0DTE

June 6, 2023

Financial Industry Regulatory Authority (FINRA) published an Investor Insights article entitled, "Zeroing In on an Options Trading Strategy: 0DTE."

U.S. Small Business Administration

SBA Implements Law Enhancing Ability to Declare Disasters and Deliver Support to Rural Communities

June 6, 2023

The U.S. Small Business Administration announced full implementation of the Disaster Assistance for Rural Communities Act (the "Act").

Bank Policy Institute

Blog: The CFPB's Deeply Flawed Proposal on Credit Card Late Fees – Part 3

June 6, 2023

The Bank Policy Institute published a blog post entitled, "The CFPB's Deeply Flawed Proposal on Credit Card Late Fees – Part 3."

International

European Commission

European Commission successfully completes 7th EU-Bonds transaction for 2023

June 6, 2023

The European Commission, which issues EU-Bonds on behalf of the EU, has successfully completed its 7th syndicated transaction since the beginning of the year, raising a total of €7 billion.

Commission further integrates Ukraine into EU Single Market through the Connecting Europe Facility for infrastructure funding

June 6, 2023

Commissioner for Transport Adina Vălean and Deputy Prime Minister for Restoration of Ukraine and Minister for Communities, Territories and Infrastructure Development Oleksandr Kubrakov, signed an agreement in Lviv, associating Ukraine to the Connecting Europe Facility programme. This agreement will enable Ukrainian project promoters to apply for EU funding for projects of common interest in the transport, energy and digital realms, further improving Ukraine's connectivity with its EU neighbours.

Political agreement on new Anti-Coercion Instrument to better defend EU interests on global stage

June 6, 2023

The European Parliament and the Council have reached a final political agreement on the Anti-Coercion Instrument.

EU extends trade benefits for Ukraine

June 6, 2023

The suspension of import duties, quotas and trade defence measures on Ukrainian exports to the European Union – known as the Autonomous Trade Measures (ATMs) – are in place for another year.

concluded its corporate bond sales program.

UK Financial Conduct Authority

Joint Regulatory Oversight Committee sets out next steps to help UK open banking grow

June 6, 2023

The Joint Regulatory Oversight Committee has set out an ambitious program of work to take forward recommendations for the next phase of open banking in the UK.

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 Trading 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.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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