Compliance Insights compliance-newsletter-march-2020 | Page 7

Remittance Transfer Rule Provider Relief Considered In December 2019, the Consumer Financial Protection Bureau (CFPB) published a notice of proposed rulemaking to revise the Remittance Transfer Rule (RTR). Originally, the Dodd-Frank Act amended the Electronic Fund Transfer Act (EFTA) to create comprehensive consumer protections for qualified remittance transfers sent by consumers in the United States to individuals and businesses in foreign countries. The CFPB implemented these consumer protections through the RTR to require disclosure of exact exchange rates, certain fees and other key information. Concerns over institutions potentially ceasing remittance transfer services or passing additional costs on to consumers due to the expiration of the temporary exceptions related to the rule have prompted this new proposal. The following outlines the key proposed amendments to the RTR. Raising the safe harbor exception threshold from 100 remittance transfers annually to 500 transfers annually. Currently, institutions providing 100 or fewer qualified remittance transfers in each of the previous and current calendar years are not covered by the disclosure requirements stipulated. Making permanent the temporary statutory exception permitting insured, covered institutions to disclose estimates of the exchange rate and covered third- party fees instead of exact amounts. Specifically, under the proposed rules, the exception, which was set to sunset on July 21, 2020, would become permanent, and provide for the following: Exchange Rate: Institutions would qualify for the estimated exchange rate permanent exception if the designated recipient will receive funds in the country’s local currency and the insured institution made 1,000 or fewer remittance transfers to the country in the prior calendar year. Third-Party Fees: Covered institutions would be permitted to estimate covered third-party fees for a remittance transfer to a recipient’s institution if the insured institution made 500 or fewer remittance transfers to that designated recipient’s institution in the prior calendar year. Making permanent a current rule exception permitting providers to use estimates for transfers to certain countries indicated on the safe harbor list and providing a process for adding countries to this list. The CFPB maintains a safe harbor list which currently includes five countries: Aruba, Brazil, China, Ethiopia and Libya. These countries’ laws prevent providers from determining, at the time the required disclosures must be provided, the exact exchange rate. This provision would allow additional countries to be added to this list. Industry comments, due in mid-January of this year, regarding the proposal to gain additional and permanent relief related to the RTR are presently under review. lll 7