“The knock on the door is inevitable”

Anti-money laundering and management of change in financial services places burden on regulators

Above: Paul Thurston, Chief Executive, Retail Banking and Wealth Management at HSBC, leaving a Senate Homeland Security and Governmental Affairs Committee hearing on US vulnerability to money laundering.

Anti-money laundering and management of change in financial services places burden on regulators

We are at a turning point in the way that the financial services industry is viewed across the globe. The crisis and recurring reputational shocks to the industry have significantly affected the way banks and financial institutions are perceived. Rather than a powerhouse of commerce, they are increasingly regarded as sources of great economic risk in need of careful monitoring.

With this shift it is no surprise that regulators, in the face of increasing political pressure and backed by public outrage over certain behaviour within financial institutions, have begun to take increasingly aggressive action. They are clearly not satisfied with the conditions at some of the world’s largest financial institutions. They are enforcing compliance with regulatory requirements that are becoming ever more complex and difficult to deliver against.

As a case in point, the recent revelations about HSBC’s inappropriate Anti-Money Laundering (AML) compliance procedures look to be the tip of a much larger iceberg. The strong reaction of the regulator clearly indicates their desire to send a powerful message to the industry, with the final punitive fine looking likely to be in excess of $1bn. Inevitably the first senior executives have already been removed. As regulators become increasingly forceful in addressing non-compliance, fines like these will have far reaching consequences on the attitude to compliance and risk within financial services.

In short, it’s obvious that our financial institutions are being asked to cope with a lot more change, while they have access to lot less resource

The situation at HSBC, a name thus far untouched by previous scandals, highlights the size of the challenge organisations face in terms of applying regulatory rubric on a global scale.

Banks must be able to do a number of things to remain compliant. First, accurately identify the legislation under which they must operate and then apply this effectively. They must also identity whether an individual or organisation presents an increased risk and treat that entity accordingly. In the majority of cases a risk based approach needs to be applied, for this to be acceptable all criteria selected must meet the expectations of the local regulator, which of course will certainly differ on a regional basis. Finally, they also need need to monitor the situation and circumstances of any entity with which they do business on a regular basis. This demonstrates that AML compliance cannot be solved simply with a “fire and forget” approach; there is an ongoing requirement to ensure that at all times banks are aware of the risk profile of their business and the businesses they’re working with.

As the perceived need to increase regulation within the industry takes on a global perspective, banks and financial institutions face an ever-increasing volume of relevant regulatory requirements and growing regulatory complexity. Each government will take action to reduce risk within their own financial services industry, resulting in varying global requirements. And all this against a backdrop of increased cost pressure within the industry and a fall in headcount as cost reduction programmes take hold.

In this light, any compliance solution must ensure that all AML and “know your customer” due diligence procedures are documented and regularly reviewed. Any gaps must be addressed through targeted work or projects, and all errors highlighted and remediated, without ignoring the underlying issue that caused them. Continuous improvement techniques will also help ensure all relevant staff are adequately prepared to perform their role in light of relevant regulation.

In short, it’s obvious that our financial institutions are being asked to cope with a lot more change, while they have access to lot less resource.

But organisations are rightfully realising that effective controls must be invested in. Immediately post announcement of their issues, HSBC recently announced an increase in their investment in compliance from $200m to $400m to support the transformation of this function. Others must see this as a product of the times.

Simply throwing money at the problem will of course never be enough. The right balance of funds to improve Business As Usual work and also to target specific areas of weakness will ensure that banks are adequately prepared to face the regulatory challenge ahead. Tactical solutions to the compliance issue only result in inadequate temporary solutions that over time become exposed and can lead to critical process failure and fines. A strong strategic approach to regulation and compliance will allow organisations to be ready for the regulator at any moment. The knock on the door is inevitable.

This won’t be easy. Moorhouse recently explored the ability of major institutions to deliver change in its 2012 Barometer on Change, which found that leading change for all organisations has never been more challenging. Institutions that are serious about change must be proactive and agile and be very clear about the end goal, setting scope accordingly. Benefits and outcomes need to be tracked and measured, and solutions delivered via a phased approach to deliver benefits as frequently as possible. Despite the temptation to cut costs, investing in the appropriate training and skills is vital, and will encourage success.

The ability to manage well is critical to ensuring regulatory and legislative compliance. But the very best organisations take this to the next level and actively promote their ability to foster the capability to deliver change as a key market differentiator.

In today’s deadline driven world, regulators are not interested in excuses or costs to the industry, if change is required, it must be delivered, on time and within budget. The approaches outlined here may appear costly, but in light of the current regulatory environment and the scale of fines that are being proposed, it is safe to say that the future benefits far outweigh the costs.

Comments: 1
Join the discussion below
  • Anti Money Laundering

    I’m totally agree with the above precautions, If money Laundering is still not stopped than US as well as world will have to face bad site of terrorism and drugs as well.
    http://www.infoglide.com/

The May – June 2013 Issue

Highest corporate tax
rates in Europe

European countries are scrambling to raise every last penny of funds through taxes. But some countries may have gone too far...

Belgium

Though all business taxes in Belgium can be paid online with little effort and preparation, the rates are still sky-high at 57.7 percent, including a staggering 50.8 percent total rate on profits only in social security contributions.

Belarus

In Belarus, a company spends up to 338 hours annually preparing for and paying ten different taxes and duties. The total tax rate has incredibly been lowered to 60.7 percent, from 117.5 percent in 2008.

France

A company in France pays seven different taxes and duties, the sum of which can amount to 65.7 percent of profits; though President François Hollande has announced a wave of business tax rate cuts coming up.

Estonia

A business in Estonia pays 67.3 percent of profits in tax, 37.2 percent exclusively in social security contributions. The country has gone against the grain in Europe by raising businesses taxes from 48.6 percent in 2008 to the current rates.

Italy

While corporate income tax (IRES) in Italy is limited to 38 percent of taxable profit, a company operating in Italy can expect to pay 14 other taxes and duties, including social security contributions, bringing their total payable tax to 68.7 percent of profits, according to the World Bank.

Norway

Norway taxes motor fuels twice, with a road use tax and a CO2 emissions tax. Combined with strikes in the energy sector that have curbed output, the price of gas at a local pump has soared to $10.12 per gallon.

Turkey

Though Turkey sits on the Suez Canal and neighbours many oil rich countries, the price of a gallon of average gas clocks in at $9.41 in Turkish pumps, because of a 60 percent share of taxes. 

Israel

Like Turkey, Israel is surrounded by oil-rich neighbours, but drills very little itself. Gas prices are controlled by the government, so about half of the $9.28 per gallon goes to taxes.

Hong Kong

There are few gas stations in Hong Kong, but the ones available charge up to 76 percent more per gallon than mainland China, where the government caps the cost of fuel. A gallon at the pumps will cost around $8.61 on the island.

Netherlands

Expensive labour costs make the Dutch petrol prices the dearest in Europe, at $8.26 per gallon; though the 57 percent tax add-ons don’t help.

The credit crisis

8 February 2007
HSBC warns of subprime mortgage losses

2 April 2007
New Century goes bus

14 September 2007
Wholesale markets have dried up

17 March 2008
Rescue of Bear Stearns

7 September 2008
Rescue of Fannie Mae

15 September 2008
Lehman Brothers file for bankruptcy

3 October 2008
US congress approves $700bn bailout

14 February 2009
$787bn stimulus approved by congress

 

The effects of the current financial crisis are global and irrefutable. With the collapse of Lehman Brothers, the domino effect of irresponsible public monetary policies, huge levels of unsustainable debt, and a deregulated financial sector, has escalated to the point where no corner of the globe has been left untouched.

1973 oil crisis

October 1973
Syria and Egypt launch an attack on Israel on Yom Kippur and set off a twenty day war;

1977
US President Carter creates Department of Energy, which develops the US strategic petroleum reserve

 

The Organisation of Petroleum Exporting Countries (OPEC) used their oil reserves as a weapon with the Arab Oil Embargo against those who supported Israel. By January 1974, world oil prices were four times higher than they were at the start of the crisis, especially in the US, and the shock led to a huge drop in the stock market with NYSE losing $97bn in just six weeks.  The embargo lasted five months, and the effects are still seen today.

German hyperinflation

1922-1923

Hyperinflation
1923 – 1924
Stabilisation

 

The trouble began when Germany missed a repatriation payment, worth about one third of the German deficit in this period. Inflation was already high but by 1923 it was raging. Prices doubled within hours, and by late 1923, it cost 200bn marks to buy a single loaf of bread. People burned money as it was cheaper than buying firewood. Germany eventually regained control of its economy when it introduced the Rentenmark into circulation in 1923, and then the Reichmark in 1924.

The Great Depression

1929-1933
The Great Crash
1934-1939
Recovery and Recession

 

After the decadence of the Roaring Twenties, the 1930s saw the biggest economic slump of all time. The stock market crashed on 29 October 1929, and optimism and decadent living tumbled along with the figures. The GDP fell from $103.6bn in 1929, to $66bn in 1934 and the subsequent years of recovery were the most dramatic in US history.

1907 bankers’ panic

1907
Otto Heinze and his brother Augustus Heinze bought shares of United Copper.

 

The stock market was already cautious over the tight money supply, but the US was thrown into a depression after the stock market fell nearly 50 percent from its peak in 1906. The Heinze brothers thought they could influence market shares but ended up bankrupting lenders that provided the financing to buy the stock. A chain reaction left nine institutions bankrupt. By February 1908, the panic was over and the government created the Federal Reserve system, to prevent banks from exercising too much control over the economy.