The compliance challenge

Transcription

1 THE FUTURE OF COMPLIANCE A 2 DAY WORKSHOP Firms need to adapt to a new regulatory framework while dealing simultaneously with a vast range of other national and international regulatory reforms. Introduction The global regulatory landscape is currently undergoing a fundamental change. In response to the recent financial crisis, regulators across the globe are focussing on a programme of more robust supervision of financial services firms whilst also introducing a raft of new regulatory initiatives to bolster the regulatory framework. Simply no firm is exempt from the need for constant change and renewal. Failure to adapt to the changing regulatory requirements could have serious impacts for firms, both in their relationship with the regulator and potential sanctions imposed by the regulator. The compliance challenge Regulatory and Compliance arrangements are driven by the impact of regulation on the organisation and their risk appetite. Further an effective Compliance function is key to identifying and mitigating risk and protecting the business from regulatory censure and protecting brand and reputation. The precise design of a compliance framework will therefore vary for individual firms. While there is no one size fits all solution, our analysis focuses on the core considerations in how a Compliance framework may need to change in order to cope with regulatory change: This 2 day workshop will look AML and Compliance matters by considering the following general but essential factors: 1. Risk Management Framework 2. Role of Compliance within the business 3. Compliance structure 4. Compliance strategy 5. Compliance monitoring 6. Accountability and responsibility. 7. Compliance Management Information 8. Resourcing 9. Interaction with regulators 10. Ponzi Schemes Versus Illegal Pyramid Schemes

2 TWO DAY WORKSHOP WORKSHOP STYLE This 2-day workshop is designed to be participative throughout. The agenda will combine key formal presentations, case studies and group discussion sessions. There will be ample opportunity for delegates to benchmark experiences with industry peers and raise issue of most concern to their organisation, either confidentially or in open sessions. WHO SHOULD ATTEND: Compliance officers MLCO Internal Audit and Risk Managers In-house Legal Advisers Directors Non-Executive Directors TARGET AUDIENCE All regulated business including: DETAILS Date: 11 th July & 12 th July 2013 Time: 08:30 Registration 09:00 Start 12:30 Lunch 16:30 Finish Venue: Le Meridien Barbarons CPD: 6 Hours per workshop Cost: Fundamental course (2 days) for $1,000 and early bid fee $800 (closes 14th June 2013) BOOK 2 DAY RECEIVE 10% DISCOUNT Corporate/Trust & Company Service Providers Fund Managers Investment Business Banks ABOUT YOUR SPEAKER Mathew Beale, Director of Comsure Group Mathew Beale, FCSI AIFP, is a Fellow of the Chartered Institute for Securities & Investment and founder of Comsure. Having started his career working within the asset management industry for ten years, Mathew has since focused on financial services regulation. Between 1995 and 2002, he worked for Jersey Financial Services Commission, where he was responsible for the day-to-day conduct of business of regulated entities and where he reached the position of Senior Compliance Manager. Since 2002, he has worked within private practice in all aspects of regulatory compliance including: Assisting in the undertaking a number of reporting professional projects for the Jersey Financial Services Commission; Being involved in the preparation of the anti-money laundering guidance notes in Mauritius; Writing and delivering numerous training courses relating to the field of compliance for private and public bodies. Being a senior lecturer on the International Compliance Association s (ICA) Introductory Certificate in Compliance, the International (and UK) Diploma in Compliance and the UK Diploma in Anti-Money Laundering. During this time he was an acknowledged co-author of the materials used by the ICA in their UK and International Diplomas in Compliance. Since 2005, he has worked within Comsure and assists the regulator in the Seychelles in delivering specialised training. IN-HOUSE TRAINING - Hold this course at your convinence. This programme and the issues it addresses can be delivered at a time, location and place to fit your business schedule. In-house training can be tailored to focus on the specific needs and challenges facing your staff. We will develop and provide all course materials and traniner to make your investment a success. For details on in-house training for this particular workshop, please contact Mathew Beale or CLBS Head Office (admissions Dept). Call: +44 (0) or / or mathewbeale@ comsuregroup.com or clbs@clbsonline.com

3 YOUR COMPLIANCE FRAMEWORK A workshop designed to examine latest techniques, tools and practical approaches. DAY 1-11th July WORKSHOP INTRODUCTION Risk assessment and compliance monitoring is central to providing assurance to senior management that the business is adequately managing its regulatory risk exposure and that the controls and policies in place to manage these risks are effective. The recent financial crisis has led to a growing appreciation of regulatory risk as a key component of a business s overall risk profile. Simply a Risk assessment involves the identification, analysis, planning and tracking of new risks, constantly reviewing existing risks, monitoring trigger conditions for contingency plans and monitoring residual risks. LEARNING OBJECTIVES: By the end of this course candidates will have an understanding of: Basic Principles Designing your Programme Monitoring Evaluating Workshop Topics will include: The Compliance Risk Assessment Process - Manual vs. Automated Compliance Monitoring Getting the Basics Right Documenting and Demonstrating the Effectiveness Compliance Risk Assessment - Techniques and Good Practices of Your Review Work Qualitative Aspects of an Effective Monitoring and Assurance Framework WorkSHOP AGENDA The Compliance Risk Assesment Process Getting the Basics Right Qualitative Aspects of an Effective Monitoring and Assurance Framework Understanding regulatory expectations Defining the compliance risk Selceting objective tests to indentifying the key risks Sources of information to help monitor and manage risks Ensuring appropriate resources and Skills to provide effective assurance Senior management engagement Compliance, risk, audit... who does what Communicating the message that the business owns compliance risk Establishing and embedding a compliance culture Knowing when to rely upon gut fee to identify key risks Compliance Risk Assesment Techiques and Good Practices Designing a robust rating methodology (inherent risk, controls and residual risk) Rules based reviews Applying aufit technqiues (review, report, allocate action points, follow up) Using compliance risk assessment to prioritise allocation of resouces Frequency of reviews Alligning compliance risk assessment methodology with the activites of other function Manual vs. Automated Compliance Monitoring Getting the right balance Selecting an appropriate approach for your film Implementation issues Costs and Benefits Documenting and Demonstrating the Effectiveness of Your Review Work What should a monitoring plan look like? Annual review of compliance and compliance report

4 DAY 2-12th July CONCISE PRACTICAL ANTI- MONEY LAUNDERING UPDATE Understanding & Managing the Risks to your Business WORKSHOP INTRODUCTION Money laundering and the financing of terrorism are areas of increasing global business and governmental concern. The challenge is that training tends to focus narrowly on the requirements yet loses sight of the practical objectives and outcomes for anti-money laundering and terrorist financing training and awareness. LEARNING OBJECTIVES Understand what money laundering and terrorist finance - demystifying the myths. Explain the rules, regulations and industry/sector Best Practice Guidance applying to regulated firms Work through the issues attached to due diligence, monitoring, suspicion and reporting Gain an understanding of the linkages between money-laundering and other aspects of financial crime The workshop will consist of classroom styled lectures, plus practical exercises. A general awareness of the financial crime would be beneficial. WorkSHOP AGENDA The Current Legal & Regulatory Framework - A Practical Exposition for the AML Practitioner What is Finanical Crime and the Holistic Approach to it An introduction to the AML / CFT laws and regulation Regulatory Guidance The Reporting Officers (MLRO) Role in Practice What the Regulatory & money Laundering Regulations require Recognising and establishing the role Setting standards in accord with the regulatory requirements Impact on the role by the SHAH v HSBC Private Bank (UK) Ltd case (May, 2012) Compliance Monitoring Training and Awareness Reporting to Senior Management Implementing a Risk-Based Due Dilligence regime Achieving the optimum Customer Due Diligence in a risk-based approach Applying the Does it make Sense? test A selection of case studies to demonstrate the practical realities Discussion of CDD issues & topics of particular interest in light of regulatory enforcement cases Managing an Effective Recognition and Reporting Regime Duties of the reporting officer (MLRO) Evaluation of internal SARs & when to report to FIA Communications to & from staff & customers over disclosures + impact of the Shah v HSBC case on consent & reporting issues. Record-keeping on SARs for various purposes (Annual MLRO Report, M.I. for Senior Management, internal training, intelligence gathering, monitoring) Financial Crime a Briefing on the Broader Perspective The current economic & political situations The FSA Financial Crime Guide Fraud Bribery & Corruption Sanctions UK, EU, US OFAC + Proliferation Tax and FATCA Interaction with civil law proceedings PONZI SCHEMES SESSION What is a Ponzi Scheme? Ponzi vs. Money Laundering? Ponzi Schemes vs. Illegal Pyramid Schemes Ponzi Enforcement Ponzi and Mauritius, Seychelles and other cases Table Top Case Study demonstrating the practical realities, the impact of the Law and the objective test and the potential impact of process failures.

5 Booking Form Please return this form by to or by post to the address below. Workshops: 1. Your Compliance Framework 2. Concise Practical Anti-Money Laundering Update Date/s requested: Workshop 1: 11th July Workshop 2: 12th July Delegate s name: Delegate s job title: Delegate s address: Company name: Person booking this course/key contact: (if not the delegate) Key contact s telephone: Key contact s 10% DISCOUNT ON ALL 4 SESSIONS BOOKED OR 4TH PLACE FREE FOR EVERY 3 EMPLOYEES ON THE SAME SESSION Booking details Please reference your payment with your name & course title. Confirmation: You will receive confirmation from us within 4 working days of registering. Cancellations: Payment is due once a booking has been made. A full refund, less 20% per person administrative charge, will be made for cancellations made by letter and received 10 working days before the event. Thereafter, we regret that no refunds can be made. This also applies to delegates who are unable to attend on the day. However, complete substitutions for any of the workshops are welcome. Other Information: The organisers reserve the right to change the venue, speakers or programme. We also reserve the right to cancel the programme, in which case all fees will be refunded. This Form Represents an Invoice and Confirmation of Payment Payment: (All payments must be made prior to the conference date) PAYMENT AMOUNT: Please tick if paying by cheque. Please make cheques payable to COMSURE and send to: Accounts Manager Comsure 1 Bond Street, St Helier, JE2 3NP Data Protection Please tick if you are making electronic payment. Please tick if you are making electronic payment. Electronic payment can be made directly to CLBS by transferring the full amount (include any charges) to: Bank: State Bank of Mauritius Address: State Bank Tower, 1 Queen Elizabeth II Avenue, Port Louis, Mauritius Acc Name: Centre for Legal and Business Studies Ltd Acc No: IBAN No: MU50STCB Please quote reference YOUR CO NAME + DATE OF COURSE If you wish to receive details from COMSURE regarding further training events, please tick here Centre for Legal & Business Studies (CLBS) 14, Conal Road, Beau Bassin, Mauritius Teltephone: or Facsimile: clbs@clbsonline.com COMSURE GROUP No 1 Bond Street Chambers, St Helier, Jersey JE2 3PN Direct: +44 (0) Mobile: +44 (0) Facsimile: +44 (0) training@comsuregroup.com All enquriries about costs and timings should be made with CLBS. Futthermore all bookings and payments should be made with CLBS.