The FATF has adopted guidance which will help in the design and implementation of the risk-based approach for the banking sector, taking into account national risk assessments and the national legal and regulatory framework.
The risk-based approach is an essential component of the effective implementation of the FATF Recommendations. Countries, competent authorities and reporting entities are expected to identify, assess and understand the money laundering / terrorist financing risks they are exposed to so that they can develop the risk-based measures to mitigate these risks.
Basel Core Principle
Element of Supervision
Principle 1 Responsibilities, objectives and powers:
An effective system of banking supervision has clear responsibilities and objectives for each authority
involved in the supervision of banks and banking groups. A suitable legal framework for banking supervision is in place to provide each responsible authority with the necessary legal powers to authorise banks, conduct ongoing supervision, address compliance with laws
and undertake timely corrective actions to address safety and soundness concerns.
Principle 2 Independence, accountability, resourcing and legal protection for
supervisors:
The supervisor possesses operational independence, transparent processes, sound governance, budgetary processes that do not undermine autonomy and adequate resources, and is accountable
for the discharge of its duties and use of its resources. The legal framework for banking supervision includes legal protection for the supervisor.
Principle 3 Cooperation and collaboration:
Laws, regulations or other arrangements provide a framework for cooperation and collaboration
with relevant domestic authorities and foreign supervisors. These arrangements reflect the need to protect confidential information.
Principle 5 Licensing criteria:
The licensing authority has the power to set criteria and reject applications for establishments that do not meet the criteria. At a minimum, the licensing process consists of an assessment of the ownership structure and governance (including the fitness and propriety of Board members and senior management) of the bank and its wider group, and its strategic and operating plan, internal controls, risk management and projected financial condition (including capital base). Where the proposed owner or parent organisation is a foreign bank, the prior consent of its home supervisor is obtained.
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