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compliance

The judgment in the AUSTRAC -v-Tabcorp civil case is a landmark: it's the first civil case that AUSTRAC has brought to a conclusion in court. But the judgment is only the latest step in a long running investigation and series of regulatory actions against the ASX-listed gambling giant.

One has to ask what took so long.. after American regulators and prosecutors began attacking European banks for failures in the USA European regulators remained surprisingly reticent about taking action against foreign banks, especially American banks. While it may not be blowback (US banks have long gone their own way in London, as have German and Japanese banks but there have been occasional action against those) it is certainly time that US banks were not treated as a special case. In the latest example, Merrill Lynch has been ordered to pay a penalty that, relative to the scale of the...

Editorial Staff
BIScom Subsection: 

The Solicitors' Disciplinary Tribunal (which, trendily, omits the apostrophe when it writes its own name) has levied its largest fine ever. Like the previous largest, it's against the London office of a US law firm.

Editorial Staff
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With effect from 4th April, 2018, new rules will apply to Australian financial services (AFS) licensees that hold "derivative retail client money."

Inevitably, it's not that simple. Then again, our detailed analysis shows that compliance should not be expensive or difficult,

Editorial Staff

When the Commonwealth Bank of Australia (CBA) story first appeared, I instructed World Money Laundering Report that we should not become involved in what would inevitably become a frenzy of speculation and ill-informed comment as consultants (of which I am, obviously, one) and media outlets vied to benefit their own profile, and to get website visits, while the story was hot. I wrote what amounted to a placeholder article .

In May 2017, I addressed the global annual conference of the Institute of Enterprise Risk Managers. During that presentation, aimed at the CEOs of major corporations, I explained that board members are responsible for the whole of the Group, not merely a division or even the company of which they are expressly a director of. In this article, I publish those comments, as scripted.

Nigel Morris-Cotterill
BIScom Subsection: 

A post on LinkedIn recently * says "In the line of duty as a Compliance, I always said to my friend and subordinate; "Never ever say can not until the regulation really declare can not"."

Is this a safe policy?

There are two principles in the soft conversion of societies to various forms of centralised control, be that control from the left or right of politics, from vested interests or religion.

The first is the manipulation of language: using terms in ways that are inaccurate and, even, the direct opposite of what they truly mean.

The second is to give individual members of society the illusion that they have status, even a degree of control when in fact what they have is responsibility without authority.

Welcome to the worrying world of today's Compliance and Financial...

Editorial Staff
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It's pathetic: according to a report in The Law Society's Gazette, the official publication of the Law Society of England and Wales, "The Legal Sector Affinity Group, whose members include the Law Society and Solicitors Regulation Authority, has told the Treasury that a ‘sensible supervisory approach’ to the new regulations would give firms and individuals time to adjust to their new obligations." Apparently the membership body and the regulator haven't had time to prepare their Guidance. Too busy with finding new crazy obligations to impose on an already over-stretched profession, one might conclude.

When the Department of Justice and others settled criminal proceedings against Western Union there were two special features: one, liability was admitted and two "ensure that its agents around the world will adhere to U.S. Regulatory and [counter-money laundering] standards."

Is this doable while remaining profitable or does the settlement mean inevitable de-risking and closing in some markets?

Editorial Staff
BIScom Subsection: 

Hong Kong's Securities and Futures Commission has fined MIS Services Limited, formerly Standard Chartered Investment Services HKD3million for an astonishing breach of regulations: it failed to have in post staff who met the qualifying requirements. The breach is not trivial: it lasted for nine years. It raises questions over the performance of the company, its parent(s) and the regulator.

Clearly there was oversight when there should have been supervision.

Editorial Staff
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Standard Chartered Bank has been ordered to pay SGD5.2m and Coutts (at the relevant time part of Royal Bank of Scotland) to pay SGD2.4 million for breaches of the Monetary Authority of Singapore's counter-money laundering requirements. It's also a slap in the face for Malaysia's Prime Minister Najib because the penalties arise from compliance failures relating to 1MDB, Najib's flagship project. There is also the minor matter of a Goldman Sachs employee and false statements.

Editorial Staff

There is an absolute bar on members of the US Senate using private e-mail addresses and systems for government-related correspondence. The rules do not ban the use of such systems for purely personal correspondence. In this area, there is no such thing as "private" in relation to government-related correspondence. Therefore, it is clear: Clinton acted in breach of rules and, depending on how it is read, the law. But she thinks it doesn't matter. Can her arguments be a beacon of hope to compliance and financial crime risk officers where there are technical failures in compliance regimes?...

The decision by US messaging service WhatsApp to allow its parent company, Facebook, access to user's data raises enormous questions for compliance and ethics teams in financial institutions, law firms and many other businesses. Should Compliance Officers now ban the use of WhatsApp for both transactional messaging and communications with clients? And should data protection registrars now issue warnings as to the release of client-related data? In fact, should the app now be banned entirely from all mobile devices used in any way for work purposes?

Editorial Staff
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Carlo V di Florio, Director, Office of Compliance Inspections and Examination at the USA's Securities and Exchange Commission says that compliance and ethics are each an integral part of risk management in all businesses but especially in the financial sector were reputation greatly matters to the individual, to individual businesses to the industry as a whole and, ultimately, to the entire country. He was speaking to the National Society of Compliance Professionals on 17 October 2011.

Editorial Staff
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