Identifying the volatility of compliance risks for the pension custodian banks
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Author(s)Svіtlana AchkasovaLink to ORCID Index: https://orcid.org/0000-0001-7233-0189
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Olena BezrodnaLink to ORCID Index: http://orcid.org/0000-0002-9480-0898
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Yevheniia OhorodniaLink to ORCID Index: https://orcid.org/0000-0002-2031-6278
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DOIhttp://dx.doi.org/10.21511/bbs.16(3).2021.11
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Article InfoVolume 16 2021 , Issue #3, pp. 113-129
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155 Downloads
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Creative Commons Attribution 4.0 International License
The high probability of risk transfer from banks to their counterparties in the field of non-state pension provision (pension account owners, non-state pension funds, insurance companies, asset management companies, etc.) determines the relevance of this study. The paper aims to develop a toolkit for identifying the compliance risk volatility for pension custodian banks based on causal modeling.
This toolkit contributes to: 1) tentative cognitive mapping of the causal relationship between the compliance risks of pension custodian banks in the field of financial monitoring and financial and reputational risks to assess their acceptability by stakeholders in non-state pension programs, and 2) impulse modeling.
The created toolkit is based on the performance data provided by Ukrainian banks, as well as on the reports of the National Bank of Ukraine. Apparently, an increase in penalty rates by 0.1% would reduce the compliance risks for banks by 0.03%, and the number of violations in financial monitoring (specifically the improper assessment/reassessment of customer risks) by 0.01%. In turn, the compliance risk volatility inherent in custodian banks affects the variability of their reputational and financial risks. Thus, reducing the compliance risks by 0.1% would improve the reputation of banks and increase their regulatory capital by 0.01%.
The study findings substantiate the use of the created toolkit to supplement the risk profile components for pension custodian banks, thereby demonstrating the potential volatility of their compliance risks and their consequences for banks and individual groups of their stakeholders.
Acknowledgment
The work is prepared and financed within the framework of the state budget research work No. 45/20202021 “Formation of a risk-oriented system of accumulative pension provision” (DR No. 0120U101508).
- Keywords
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JEL Classification (Paper profile tab)C15, G21, G23
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References63
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Tables3
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Figures4
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- Figure 1. Forecasted variability of compliance indicators and expectations of the bank’s counterparties in the field of non-state pension in response to the change in the amount of penalties
- Figure 2. Forecasted variability of compliance indicators and expectations of bank’s counterparties in the non-state pension sphere affected by changes in the intrabank compliance system
- Figure 3. Forecasted variability of compliance indicators and the bank’s counterparties’ expectations in the non-state pension sphere affected by the changes in capitalization
- Figure A1. Cognitive map of acceptance criterion variability applicable to banks acting as pension custodians in light of the counterparties’ expectations for non-state pension provision, taking into account the impact factors (violations and measures of
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- Table 1. Analytical background for modeling banks’ compliance risks (pension custodians) in the field of financial monitoring and their consequences
- Table 2. Formalization of compliance criteria for banks acting as pension custodians, financial monitoring measures, the extent of banks’ internal compliance and NBU regulations
- Table B1. Matrix of mutual impact on the acceptance criteria applied to banks acting as pension custodians due to the NBU’s measures and violations committed by banks in the field of financial monitoring, as well as potential actualization of network sche
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- Apreda, R. (2006). Tailoring Compliance Risk and the Compliance Function for Non-Financial Organizations (a Step Further and Beyond the Basel’s Proposal for Banks) (Documento de Trabajo 325).
- Arasa, R., & Ottichilo, L. (2015). Determinants of Know Your Customer (KYC) Compliance among Commercial Banks in Kenya. Journal of Economics and Behavioral Studies, 7(2), 162-175.
- Asenov, E. (2015). Characteristics of Compliance Risk in Banking. Economic Alternatives, 4, 20-28.
- Barakat, A., Ashby, S., Fenn, P., & Bryce, C. (2019). Operational risk and reputation in financial institutions: Does media tone make a difference? Journal of Banking & Finance, 98, 1-24.
- Basel Committee on Banking Supervision (BCBS). (2003). The compliance function in banks (Consultative Document).
- Basel Committee on Banking Supervision (BCBS). (2005). Compliance and the compliance function in banks. BIS.
- Basel Committee on Banking Supervision (BCBS). (2014). Sound management of risks related to money laundering and financing of terrorism. Guidelines.
- Bello, A.U., & Harvey, J. (2017). From a risk-based to an uncertainty-based approach to anti-money laundering compliance. Security Journal, 30, 24-38.
- Birindelli, G., & Feretti, P. (2008). Compliance risk in Italian banks: the results of a survey. Journal of Financial Regulation and Compliance, 16(4), 335-351.
- Chan, D., Fontan, F., Rosati, S., & Russo, D. (2007). The Securities Custody Industry (ECB Occasional Paper No. 68). European Central Bank (ECB).
- Chmutova, I. M., Bezrodna, O. S., & Nechyporenko, D. I. (2020). The Methodological Instrumentarium for Assessing Compliance Risks of Financial Monitoring of Banks. Business Inform, 11, 296-309. (In Ukrainian).
- Coste, Ch. E., Tcheng, C., & Vansieleghem, I. (2021). One size fits some: analysing profitability, capital and liquidity constraints of custodian banks through the lens of the SREP methodology (Occasional Paper No. 256).
- Dahl, D., Meyer, A., & Neely, M. (2016). Scale Matters: Community Banks and Compliance Costs. The Regional Economist, 1-3.
- Davilas, N. C. (2014). AML compliance for foreign correspondent accounts: a primer on beneficial ownership requirements and other challenges. Journal of Investment Compliance, 15(1), 4-16.
- Edwards, J., & Wolfe, S. (2004). The compliance function in banks. Journal of Financial Regulation and Compliance, 12(3), 216-224.
- Edwards, J., & Wolfe, S. (2007). Ethical and Compliance-Competence Evaluation: a key element of sound corporate governance. Corporate Governance: An International Review, 15(2), 359-369.
- Ernst & Young (E&Y). (2021). Compliance transformation: how banks can leverage opportunities now. Ernst & Young.
- EU. (2016). Directive (EU) 2016/2341 of the European Parliament and of the Council of 14 December 2016 on the activities and supervision of institutions for occupational retirement provision (IORPs). Official Journal of the European Union, L 354/37.
- FATF. (2014). Guidance for a risk-based approach the banking sector.
- Fox, J. (1999). Risk management from a banking compliance officer’s viewpoint. Journal of Financial Regulation and Compliance, 7(1), 27-30.
- Gabbi, G., Tanzi, P. M., & Nadotti, L. (2011). Firm size and compliance costs asymmetries in the investment services. Journal of Financial Regulation and Compliance, 19(1), 58-74.
- Gorelova, G., Pankratova, N., & Borisova, D. (2019). Problems of interregional integration, cognitive modeling. IFAC-Papers OnLine, 52(25), 168-173.
- Haddad, H. (2016). Internal Controls in Jordanian Banks and Compliance Risk. Research Journal of Finance and Accounting, 7(24), 17-31.
- Haynes, A. (2005). The effective articulation of risk-based compliance in banks. Journal of Banking Regulation, 6, 146-162.
- International Finance Corporation (IFC). (2019). Anti-Money-Laundering (AML) & Countering Financing of Terrorism (CFT) Risk Management in Emerging Market Banks (Good Practice Note).
- IOPS. (2008). Guidelines for the Supervisory Assessment of Pension Funds.
- IOPS. (2012). IOPS Toolkit for Risk-Based Pensions Supervision.
- Kaminski, P., & Robu, K. (2016). A best-practice model for bank compliance.
- Kolodiziev, O., Mints, A., Sidelov, P., Pleskun, I., & Lozynska, O. (2020). Automatic machine learning algorithms for fraud detection in digital payment system. Eastern-European Journal of Enterprise Technologies, 5(9), 14-26.
- Kyalo, G. M. (2014). The Role of Custodial Services Offered by Banks in the Settlements and Management of Pension Funds.
- Kyzym, М., & Uzunov, V. V. (2007). Programmno-tselevoy podkhod k gosudarstvennomu upravleniyu sotsialnoy napriazhennostyu v regionakh strany [Target-oriented approach to the governance of social tension in a country]. Kharkiv: INZhEK. (In Russian).
- Lagzdins, A., & Sloka, B. (2012). Compliance program in Latvias’ banking sector: the results of a survey. European Integration Studies, 6, 225-232.
- Limentani, R. N., & Tresoldi, N. (2012). Compliance Function in banks and Reputational risk. BANCARIA, 10, 88-93.
- Losiewicz-Dniestrzanska, E. (2015). Monitoring of Compliance Risk in the Bank. Procedia Economics and Finance, 26, 800-805.
- Ludwick, K. (2006). Tackling risk-based compliance. Journal of Investment Compliance, 7(4), 61-64.
- Lugho, A. J. (2007). Responses of banks offering custodian banking services to environmental changes affecting the banking industry in Kenya.
- Maximillian, F., & Teichmann, J. (2017). Twelve methods of money laundering. Journal of Money Laundering Control, 20(2), 130-137.
- Meissner, M. H. (2018). Accountability of senior compliance management for compliance failures in a credit institution. Journal of Financial Crime, 25(1), 131-139.
- Mikes, А. (2008). Risk Management at Crunch Time: Are Chief Risk Officers Compliance Champions or Business Partners? SSRN.
- Misha, Av. E. (2016). The Compliance Function in Banks and the Need for Increasing and Strengthening its Role – Lessons Learned from Practice. European Journal of Sustainable Development, 5(2), 171-180.
- Mrsik, J., & Trpkov, D. V. (2015). Custodian banks and the evolution of the emerging capital markets: the case of Macedonia. Economic Development, 17(3), 319-332.
- Musalem, A. R., & Palacios, R. J. (2003). Public Pension Fund Management. Governance, Accountability, and Investment Policies. Proceedings of the Second Public Pension Fund Management Conference.
- Naheem, M. A. (2015). AML compliance – A banking nightmare? The HSBC case study. International Journal of Disclosure and Governance, 12(4), 300-310.
- Naheem, M. A. (2015). HSBC Swiss bank accounts-AML compliance and money laundering implications. Journal of Financial Regulation and Compliance, 23(3), 285-297.
- National Bank of Ukraine (NBU). (2018–2020). Supervision.
- NFP. (2020). Pidsumky rozvytku systemy nederzhavnoho pensiinoho zabezpechennia stanom na 31.03.2020 [Results of development of the non-state pension system as of March 31, 2020]. (In Ukrainian).
- Nicolas, S., & May, P. V. (2017). Building an effective compliance risk assessment programme for a financial institution. Journal of Securities Operations & Custody, 9(3), 215-224.
- OECD. (2009). OECD Guidelines for Pension Fund Governance.
- Osakwe, Ch. N., Ruiz, B., Amegbe, H., Chinje, N. B., Cheah J.-H., & Ramayah, T. (2020). A multi-country study of bank reputation among customers in Africa: Key antecedents and consequences. Journal of Retailing and Consumer Services, 56, 102182.
- PricewaterhouseCoopers LLP. (2003). The compliance gap. Journal of Investment Compliance, 4(2), 31-38.
- Prorokowski, L., & Prorokowski, H. (2014). Organisation of compliance across financial institutions. Journal of Investment Compliance, 15(1), 65-76.
- Raghavan, K. R. (2006). Integrating anti-money laundering into the compliance structure: how the requirements for compliance with BSA/AML are changing the emphasis of corporate governance and finance functions. Bank Accounting & Finance, 19(6), 29.
- Root, V. (2019). The compliance process. Indiana Law Journal, 94(1), 203-251.
- Safari, R., Shateri, M., Baghiabadi, H. S., & Hozhabrnejad, N. (2016). The significance of risk management for banks and other financial institutions. International Journal of Research – GRANTHAALAYAH, 4(4), 74-81.
- Saliieva, O. V., & Yaremchuk, Yu. E. (2019). Rozrobka kohnityvnoi modeli dlia analizu vplyvu zahroz na riven zakhyshchenosti kompiuternoi merezhi [Development of a cognitive model to analyze the impact of threats on the level of security of a computer network]. Reiestratsiia, zberihannia i obrobka danykh – Registration, storage and data processing, 21(4), 28-39. (In Ukrainian).
- Scrimgeour, B. (2011). Assets or liabilities? Custodian risk in the new paradigm. Journal of Securities Operations & Custody, 4(2), 112-121.
- Sheedy, E., Zhang, L., & Ho Tam, K. Ch. (2019). Incentives and culture in risk compliance. Journal of Banking & Finance, 107, 105611.
- Silov, V. B. (1995). Priniatiye strategicheskikh resheniy v nechetkoy obstanovke [Making strategic decisions in a fuzzy environment] (228 p.). Moscow: INPRO-RES. (In Russian).
- Singh, D. (2003). Basel Committee on Banking Supervision: Compliance and the compliance function in banks. Journal of International Banking Regulation, 5(2), 110-112.
- Stewart, F. (2010). Pension Funds’ Risk-Management Framework: Regulation and Supervisory Oversight (OECD Working Papers on Insurance and Private Pensions No. 40). OECD publishing.
- Verhage, A. (2009). Compliance and AML in Belgium: a booming sector with growing pains. Journal of Money Laundering Control, 12(2), 113-133.
- Viritha, B., Mariappan, V., & Venkatachalapathy, V. (2015). Combating money laundering by the banks in India: compliance and challenges. Journal of Investment Compliance, 16(4), 78-95.
- Yeoh, P. (2019). Banks’ vulnerabilities to money laundering activities. Journal of Money Laundering Control, 23(1), 122-135.
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Financial monitoring of the port industry companies on the basis of risk-oriented approach
Investment Management and Financial Innovations Volume 14, 2017 Issue #1 (cont.) pp. 191-199 Views: 1497 Downloads: 386 TO CITE АНОТАЦІЯThe paper determines that the need in financial monitoring of Ukrainian companies of the port sector is caused by financial consequences related to the need to protect the environment, the existence of a dominant part of payments in foreign currency (foreign exchange risk associated with currency fluctuations), the possibility of cash outflows into the shadow sector of the economy and the possibility to use transport for smuggling. In addition, in the recent years there is a tendency of diminished financial stability of the seaports of Ukraine, which is a signal to determine the factors that have an impact on this situation, the consequences of risky operations and the optimal structure of sources for the formation of assets. An important aspect of financial monitoring is the necessity to identify the data about the objecton the basis of insignificant and relevant information, which makes it possible to avoid non-essential features and parameters and to speed up the decision making process at the lowest cost of expenditures and time. The study offers a methodical approach to financial monitoring of the port industry companies on the basis of the risk-based approach that takes into account the conditions for the functioning of port companies and their business characteristics, making it possible to implement the appropriate measures to prevent and avoid risky financial transactions and, consequently, to increase/preserve the competitiveness of the port sector companies. Regarding the need in further studies of the practical realization of financial monitoring of the port sector companies, there is a choice and substantiation of aggregate indicators of the financial monitoring system, their listing with a view to specific features, types and scale of activities.
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Implementation of state financial monitoring based on risk-oriented indicators in the activities of financial institutions
Zhanna Andriichenko
doi: http://dx.doi.org/10.21511/dm.18(3).2020.05
The article examines the systems of risks of various types of financial institutions and focuses on the absence of the risk of legalization among them. This risk is considered separately within the framework of a special system of relations in the field of combating money laundering, financing of terrorism and financing the proliferation of weapons of mass destruction. The evolution of criteria for assessing the risk of a financial institution to be involved in legalization is analyzed, risk-oriented indicators of the activities of financial institutions used to assess their risk profile are generalized. It is established that one of the regulators in the financial services market, the National Securities and Stock Market Commission, uses outdated, formal, and ineffective criteria for assessing the risks of a financial institution to be involved in money laundering. However, the other regulator, the NBU, has already carried out the process of adapting state financial monitoring to the requirements of FATF and AMLD4 and developed risk-oriented indicators of financial institutions’ activities, used to assess their risk profile. Strengthening the control by the subjects of state financial monitoring over the risk profile of a financial institution and its overall financial monitoring system will help to increase the efficiency of state financial monitoring. It is proposed to unify risk-oriented features and introduce identical financial monitoring mechanisms for all participants in the financial services markets, considering the specifics of their activities, as well as including the risk of legalization in the risk system of a financial institution in order to improve the efficiency of the financial monitoring system.
