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THE CHALLENGE OF REGULATION AND COMPLIANCE


5 July 2012


Leas Bachatene – Vice President, Managing Director Asia Pacific
Thomson Reuters Governance Risk & Compliance
THE REGULATORY DELUGE
RULES OF BUSINESS ARE
BEING REWRITTEN

                        2
REGULATORY ACTIVITY TRACKED 2010-2011
*Note: Tracked activity includes document changes, announcements, and enforcements by regulators.
WHAT WEALTH MANAGERS NEED TO KNOW
COMPLIANCE CHALLENGES


                                    4
THE CONSEQUENCES OF NON-COMPLIANCE

• Increased fines and enforcements
• Reputational damage with clients, prospects, and your market
• Imprisonment and loss of license

                                           Fine/
Date Institution               Agency      Imprison   Violation
                                           ment

June                           UK & US
     Barclays                              $ 453M     Libor Rate Manipulation
28                             Regulator


May
       JP Morgan               CFTC        TBC        Poor Corporate Governance
30

     Raj Rajaratnam, head      DOJ, SEC, $102.8M
Oct
     of Galleon Group          Manhattan 11 yrs       Insider trading
2011
     hedge fund                DA        prison
                               DOJ,                   Facilitated and concealed wire
Aug
     Barclays PLC              Manhattan $298M        transfers to and from blacklisted
2010
                               DA                     countries
THE CONSEQUENCES OF NON-COMPLIANCE

• Increased fines and enforcements
• Reputational damage with clients, prospects, and your market
• Imprisonment and loss of license

                                           Fine/
Date Institution               Agency      Imprison   Violation
                                           ment

                                                      Facilitated and concealed wire
May
     Royal Bank of Scotland DOJ            $500M      transfers to and from blacklisted
2010
                                                      countries

                                                      “Improper payments” in a number
Feb
     Daimler AG                DOJ, SEC $200M         of jurisdictions, including Africa,
2010
                                                      Asia, and Eastern Europe

                               DOJ,
Jan                                                   Falsifying wire transfers destined
     Lloyds TSB                Manhattan $350M
2009                                                  for Sudan, Iran and Libya
                               DA
OVERVIEW ON COMPLIANCE CHALLENGES

 • FATCA is what seems to be causing the banks the biggest challenge
 • Regulators in Asia are getting a lot tougher about approving wealth
   management products and looking at the miss-selling procedures in place
 • Singapore’s brought in a new code of conduct for private bankers and
   Hong Kong there are much tougher rules now for structured products
 • In the less developed financial centres, there is an issue of regulatory
   uncertainty and barriers for foreign banks.
 • FCPA and UK Bribery Act
 • Dodd Frank still a work in progress and still haven’t finalized drafting how the
   rules will reach overseas. However, those rules and the other new rules on
   derivative trading coming in across Europe and Asia mean that banks will
   have a lot of operational work to do to connect all their trading systems up to
   central clearing houses and trade repositories.
GOVERNANCE, RISK & COMPLIANCE
GRC


                                8
CONNECTING THE GRC BUSINESS COMMUNITY




     Connect business strategy, operations and business transactions
     to the ever-changing regulatory environment, so firms can go fast
     while managing risk.
A CONNECTED GRC STRATEGY




By connecting compliance, audit, risk and legal, organisations can make informed decisions and
accelerate their business while managing risk.
TECHNOLOGY SOLUTIONS




 • Regulatory Tracker
 • World-Check & Enhanced Due Diligence
 • FATCA
 • Transaction monitoring /email monitoring
 • Compliance Manager




                                              11
TRACKER AND POLICY MANAGEMENT SOLUTIONS



– Dynamically link policies to the
  underlying rulebooks
– Easily manage version and
  hierarchy control
– Enable easy sharing through
  intuitive workflow and update
  distribution
– Evidence policy adoption
  (through RecordKeeper)
SCREENING SOLUTIONS (NEW)

– Initial and on-going screening
  against an unrivaled and
  unique data set, built by our
  own research team
– Ensure client and customer
  identity with Electronic Identity
  Verification
– Screen for potential risks with
  Adverse Media searching
– Understand the risks
  associated with Politically
  Exposed Persons
– Gain a deeper understanding
  of clients, suppliers & partners
  in emerging markets
– Monitor transactions
– Screen vessels against
  sanctions and enforcements
TRANSACTION MONITORING / EMAIL MONITORING




                                            14
TO DO MORE WITH LESS
COMPLIANCE AS A
COMPETITIVE ADVANTAGE

                        15
So what are the three things you should do?

 • People and expertise
 • Culture is probably the most important aspect of
   implementing GRC and the board and CEO needs to set
   the tone at the top.
 • The right expertise, and providing the right training is
   critical. One of the most effective ways of improving
   governance and compliance quickly is training employees
   in the standards expected of them by the company –
 • Companies have learned that their employees can be the
   largest source of risk, they also learn that changing
   employee behaviour is the best way of managing risk and
   can be your first line of defence.

                                                              16
So what are the three things you should do?

 • Insist on “Better Information not More Information”
   Our mission at Thomson Reuters is to provide better
   information. Of those 15,000 regulatory updates that
   Thomson Reuters track from 300 regulators around the
   world every year (an average of 60 updates) a day, which
   is the one that if missed could put your business at risk?

 • Standardise processes and better controls around
   your risks, prioritising where the largest risks are and
   placing standard controls and checks in place – driving
   growth whilst ensuring standards are maintained is the
   primary goal of any GRC workflow and control tool


                                                                17
2012 SPECIAL REPORT – THE STATE OF REGULATORY REFORM




                   QUESTIONS
                                                       18

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The challenge of regulation and compliance

  • 1. THE CHALLENGE OF REGULATION AND COMPLIANCE 5 July 2012 Leas Bachatene – Vice President, Managing Director Asia Pacific Thomson Reuters Governance Risk & Compliance
  • 2. THE REGULATORY DELUGE RULES OF BUSINESS ARE BEING REWRITTEN 2
  • 3. REGULATORY ACTIVITY TRACKED 2010-2011 *Note: Tracked activity includes document changes, announcements, and enforcements by regulators.
  • 4. WHAT WEALTH MANAGERS NEED TO KNOW COMPLIANCE CHALLENGES 4
  • 5. THE CONSEQUENCES OF NON-COMPLIANCE • Increased fines and enforcements • Reputational damage with clients, prospects, and your market • Imprisonment and loss of license Fine/ Date Institution Agency Imprison Violation ment June UK & US Barclays $ 453M Libor Rate Manipulation 28 Regulator May JP Morgan CFTC TBC Poor Corporate Governance 30 Raj Rajaratnam, head DOJ, SEC, $102.8M Oct of Galleon Group Manhattan 11 yrs Insider trading 2011 hedge fund DA prison DOJ, Facilitated and concealed wire Aug Barclays PLC Manhattan $298M transfers to and from blacklisted 2010 DA countries
  • 6. THE CONSEQUENCES OF NON-COMPLIANCE • Increased fines and enforcements • Reputational damage with clients, prospects, and your market • Imprisonment and loss of license Fine/ Date Institution Agency Imprison Violation ment Facilitated and concealed wire May Royal Bank of Scotland DOJ $500M transfers to and from blacklisted 2010 countries “Improper payments” in a number Feb Daimler AG DOJ, SEC $200M of jurisdictions, including Africa, 2010 Asia, and Eastern Europe DOJ, Jan Falsifying wire transfers destined Lloyds TSB Manhattan $350M 2009 for Sudan, Iran and Libya DA
  • 7. OVERVIEW ON COMPLIANCE CHALLENGES • FATCA is what seems to be causing the banks the biggest challenge • Regulators in Asia are getting a lot tougher about approving wealth management products and looking at the miss-selling procedures in place • Singapore’s brought in a new code of conduct for private bankers and Hong Kong there are much tougher rules now for structured products • In the less developed financial centres, there is an issue of regulatory uncertainty and barriers for foreign banks. • FCPA and UK Bribery Act • Dodd Frank still a work in progress and still haven’t finalized drafting how the rules will reach overseas. However, those rules and the other new rules on derivative trading coming in across Europe and Asia mean that banks will have a lot of operational work to do to connect all their trading systems up to central clearing houses and trade repositories.
  • 8. GOVERNANCE, RISK & COMPLIANCE GRC 8
  • 9. CONNECTING THE GRC BUSINESS COMMUNITY Connect business strategy, operations and business transactions to the ever-changing regulatory environment, so firms can go fast while managing risk.
  • 10. A CONNECTED GRC STRATEGY By connecting compliance, audit, risk and legal, organisations can make informed decisions and accelerate their business while managing risk.
  • 11. TECHNOLOGY SOLUTIONS • Regulatory Tracker • World-Check & Enhanced Due Diligence • FATCA • Transaction monitoring /email monitoring • Compliance Manager 11
  • 12. TRACKER AND POLICY MANAGEMENT SOLUTIONS – Dynamically link policies to the underlying rulebooks – Easily manage version and hierarchy control – Enable easy sharing through intuitive workflow and update distribution – Evidence policy adoption (through RecordKeeper)
  • 13. SCREENING SOLUTIONS (NEW) – Initial and on-going screening against an unrivaled and unique data set, built by our own research team – Ensure client and customer identity with Electronic Identity Verification – Screen for potential risks with Adverse Media searching – Understand the risks associated with Politically Exposed Persons – Gain a deeper understanding of clients, suppliers & partners in emerging markets – Monitor transactions – Screen vessels against sanctions and enforcements
  • 14. TRANSACTION MONITORING / EMAIL MONITORING 14
  • 15. TO DO MORE WITH LESS COMPLIANCE AS A COMPETITIVE ADVANTAGE 15
  • 16. So what are the three things you should do? • People and expertise • Culture is probably the most important aspect of implementing GRC and the board and CEO needs to set the tone at the top. • The right expertise, and providing the right training is critical. One of the most effective ways of improving governance and compliance quickly is training employees in the standards expected of them by the company – • Companies have learned that their employees can be the largest source of risk, they also learn that changing employee behaviour is the best way of managing risk and can be your first line of defence. 16
  • 17. So what are the three things you should do? • Insist on “Better Information not More Information” Our mission at Thomson Reuters is to provide better information. Of those 15,000 regulatory updates that Thomson Reuters track from 300 regulators around the world every year (an average of 60 updates) a day, which is the one that if missed could put your business at risk? • Standardise processes and better controls around your risks, prioritising where the largest risks are and placing standard controls and checks in place – driving growth whilst ensuring standards are maintained is the primary goal of any GRC workflow and control tool 17
  • 18. 2012 SPECIAL REPORT – THE STATE OF REGULATORY REFORM QUESTIONS 18