08/08/2013
How high? Re-setting the KYC bar
2013 has been a busy year for both rule-makers and financial institutions as far as KYC requirements go. Aside from the finalization of a vast array of trading rules (Dodd-Frank, EMIR etc.), the FATCA final rules were released in January. This was closely followed by the proposal for the 4th Anti-Money Laundering Directive. And in the US, Fin CEN is still in the process of updating its CDD rules. The result of all this, for many institutions, will be a vastly expanded client base now requiring new documentation, checks and screening with a variety of new and enhanced control requirements. Regulators are setting the bar high.
New EU proposals – such as the Bank Account Directive, Network and Information Security Directive, and Euro crime Directive – will all have a significant impact on the way firms manage their customer data in 2014. In addition, the consequences of non-compliance are much, much higher. A move toward the competition law standard for sanctions means firms can expect to be fined up to 5% of their global, worldwide turnover for both AML and data protection breaches.
Coming off the back of a year of unprecedented fines, it is guaranteed that regulators will be keeping a close eye on firms’ compliance with the new requirements. The FCA are beginning their thematic review of the UK financial services industry’s anti-money laundering (as well as anti-bribery) systems and controls in the second half of this year.
Taken in isolation, complying with each new rule that focuses on financial crime is not an impossible task. New standards, processes, systems and training will have to be put in place, all of which can be achieved with time and money. However, if a piecemeal, regulation-by-regulation approach is taken to managing client data, firms will be forced to collect a vast array of information manually (i.e. directly from the customer) on a case-by-case basis (e.g. ‘I need this information for AML, that information for FATCA and this information for MiFID’) all of which will lead to an increase in costs, suboptimal solutions and annoyance for the customer.
Many are hoping that new vendor software will be able to provide the solutions. However, the potential that new technology and systems can provide is not always possible without huge budgets and extended implementation timelines. The complexity of legacy systems across disparate silos means building an integrated view of KYC data across a global bank is a long and arduous task. The sheer scale of the new requirements means that it is increasingly difficult to align work streams across these regulations, forcing a continual, iterative approach to KYC compliance. Without a clear idea of which requirement affects what system, process or data set, isolating problem areas and aligning internal objectives becomes that much harder.