Sat, Jan 20, 2018
A A A
Welcome Guest
Free Trial RSS
Get FREE trial access to our award winning publications
Industry Updates

Thematic review by the FSA of asset managers is imminent - Dechert

Wednesday, November 28, 2012
Opalesque Industry Update: The Financial Services Authority is shortly to embark on a thematic review of asset managers. Its focus will be on the risks of bribery and corruption, sanctions and money laundering. Twenty two firms have already been identified for review and the regulator’s report is due to be published in the third quarter of 2013. All asset managers, whether they are to be visited by the FSA or not, should review their compliance in these areas.

Compliance failings in any of the areas could lead to very significant adverse consequences. Each has been an area of focus by the FSA and other enforcement agencies during the past year in respect of other types of financial institutions, in particular the banks. Now the FSA has the asset management sector in its sights.

The new Bribery Act, now in force for just over a year, has put a fresh onus on all commercial organisations to put in place adequate procedures. The UK’s Serious Fraud Office has been actively enforcing the previous anti-corruption legislation for a while, but is also believed to be undertaking a number of investigations under the new Act.

The FSA’s thematic review of bribery and corruption compliance in investment banks, published in March of this year, identified significant weaknesses, including failure to undertake adequate anti-bribery and corruption risk assessments, poor management information, failure to carry out specific anti-bribery and corruption audit and significant issues in firms’ dealings with third parties used to win or retain business. In addition, the FSA identified that firms in the investment banking sector had been too slow and too reactive in managing bribery and corruption risks. In particular, the FSA criticised the limited understanding of the relevant issues and failure to monitor the effective implementation of policy and procedures.

At the same time a number of institutions have recently been subject to enforcement action for failing to implement effective systems and controls to manage sanctions risk. In August 2010, the FSA fined Royal Bank of Scotland Group £5.6m for failure to implement appropriate, risk-sensitive policies and procedures to prevent activities relating to money laundering and terrorist financing.

However, the stakes are increasing. In June 2012 ING paid $619 million to settle accusations it helped Iranian and Cuban companies move billions of dollars through the US financial system in violation of international sanctions. HSBC currently faces a fine which could be far higher following allegations of providing financial services to banks linked to financing terrorism, processing transactions linked to the Iran’s nuclear programme and assisting Mexican drug dealers to move £1.3 billion into Cayman Island accounts.

The FSA requires regulated firms to maintain appropriate policies and procedures in order to prevent funds or financial services being made available to those on the sanctions list and are expected to effectively screen customers and payments against relevant sanctions lists. Firms must also ensure that they have written procedures in place which include the requirement to check the financial sanctions list, undertake appropriate due diligence and that training is provided to all staff on the financial sanctions regime and its application to the firm.

The FSA has previously undertaken a thematic review of the banks’ management of high money laundering risk situations which equally may apply to the asset management sector. In particular, the FSA found that the banks were appearing to take unacceptable money laundering risks where potentially profitable relationships were at stake, that the level of enhanced due diligence undertaken in high risk situations was inadequate, and that the banks were failing to identify the customers as politically exposed persons.

In relation to asset managers, the FSA could look immediately at compliance with the Money Laundering Regulations and, if recording errors or breaches are found, choose to look more deeply into the affairs of the manager and its attitude to compliance. Compliance with the Money Laundering Regulations, which are unlikely to change in substance for several years, will be seen as a necessary part of business and although evidence of money laundering is almost certain to be absent, failure to document relationships properly could lead to a deeper review.

All of these issues should be of concern to the asset management sector, particularly as a result of the FSA’s recent enforcement track record against the banks. Some of the breaches upon which the FSA has relied in order to take this action (for example, a breach of Principle 3 as well as breaches of various rules within the SYSC handbook) could apply equally to asset managers.

If the findings of the FSA’s thematic review into asset managers identify as many weaknesses into anti bribery and corruption compliance as the thematic review into investment banks earlier this year, asset managers should be very cautious of any future enforcement action. In particular, asset managers should be wary of the risk of enforcement action by the FSA as a result of a firm’s systems and controls failings in addition to, and independently from, the firm’s risk of being prosecuted by the SFO under the Bribery Act itself.

Dechert

Press Release

BM

What do you think?

   Use "anonymous" as my name    |   Alert me via email on new comments   |   
Today's Exclusives Today's Other Voices More Exclusives
Previous Opalesque Exclusives                                  
More Other Voices
Previous Other Voices                                               
Access Alternative Market Briefing

 



  • Top Forwarded
  • Top Tracked
  • Top Searched
  1. U.S. economy, inflation and alternative investments to dominate 2018 markets, says family office Wilmington Trust[more]

    Komfie Manalo, Opalesque Asia: The emergence of a late-cycle economy in the U.S., the mystery of inflation and growth from a domestic and global perspective, and the potential for alternative investments to prosper against a backdrop of rich valuations, low yields, and higher volatility are the t

  2. Performance - Some hedge funds deliver double-digit gains for 2017, Brevan Howard's hedge fund suffers biggest annual loss in 2017, Crispin Odey's flagship hedge fund plummeted about 20% in 2017, Profits fall 90% at ex-Morgan Stanley banker's hedge fund, Fannie-Freddie overhaul might mint hedge fund riches, losses[more]

    Some hedge funds deliver double-digit gains for 2017 From Reuters/Investing.com: A handful of hedge funds ended 2017 with double digit returns, their investors said, at a time the $3 trillion industry took in fresh money and posted its best returns in years, industry data show. Act

  3. Investing - Hedge funds start 2018 with record $19 billion bet on the euro, Hedge fund Kora Management invests in Satin Creditcare[more]

    Hedge funds start 2018 with record $19 billion bet on the euro From Reuters.com: Hedge funds have kicked off 2018 with their biggest bet ever on the euro rising, a clear vote of confidence in the single currency but, with positioning so stretched, one which could backfire in the near ter

  4. News Briefs - Mobius to retire from Franklin Templeton, Authorities decrypt smart phone of Princeton grad charged with killing Manhattan hedge fund dad, Investigators seize (more) antiques from hedge-fund billionaire Michael Steinhardt's collection[more]

    Mobius to retire from Franklin Templeton Emerging markets pioneer Mark Mobius will be stepping down as executive chairman of the Templeton Emerging Markets Group (TEMG) and formally retire from Franklin Templeton on 31 January. He will also be relinquishing his post as portfolio manager

  5. Comment - Seeding arrangements: Structure, approach, and the current market[more]

    From international law firm K&L Gates: Private fund growth has exploded over the last several years. While some areas are hotter than others, overall the industry has seen substantial growth. Existing managers have been able to launch larger funds and new managers have been able to successfully ente