Category Archives: Operational Risk Management

Steps Toward Strategic Risk Management

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Strategic risk management is a crucial but often overlooked aspect of enterprise risk management (ERM). While ERM has traditionally focused on financial and, more recently, operational risk, the fact is that strategic risk is far more consequential.

Studies of the largest public companies indicate that strategic risks account for approximately 60 percent of major declines in market capitalisation. Operational risks have just half that impact (about 30 percent), and financial risks generate about 10 percent.

Why do many ERM programs seem to stand these priorities on their heads? Part of the reason is ERM’s roots in corporate finance, but it is also true that until recently, strategic risks were difficult to measure, not to mention evaluate, against one another on an apples-to-apples basis.




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What is strategic risk?

It may be easiest to describe strategic risk by what it is often confused with—operational risk. Good operations mean doing things right, while good strategy means doing the right things. Strategic risk arises when a company fails to anticipate the market’s needs in time to meet them.

A company that has unmatched manufacturing processes will still fail if consumers no longer want its products. That was the lesson even the most efficient buggy whip makers learned once Henry Ford introduced the Model T in 1908. Cellphone handset makers faced a similar existential crisis when the Apple® iPhone® arrived on the scene.

What is strategic risk management?

Strategic risk management is the process of identifying, quantifying, and mitigating any risk that affects or is inherent in a company’s business strategy, strategic objectives, and strategy execution. These risks may include:

  • Shifts in consumer demand and preferences
  • Legal and regulatory change
  • Competitive pressure
  • Merger integration
  • Technological changes
  • Senior management turnover
  • Stakeholder pressure

As my colleague and industry expert James Lam says, strategic risk is the big stuff, and prioritising strategic risk management means sweating the big stuff first.

Strategic risk is a bell curve

Like any risk, strategic risk falls along a classic bell curve, with results along the x-axis and likelihood along the y-axis. The expected result of a given strategy would represent the peak of this curve. Most strategic planning considers only this peak while ignoring the slopes to either side.

But imagine two strategic initiatives, each with a similar expected result. One falls along a narrow, steep curve, indicating a low risk of failure and little upside opportunity. The other is represented by a wider bell, with greater chances of both under- and over-performance. Which to choose? The answer depends on an individual company’s appetite for risk.

Strategic risk management: shifting the curve

Now imagine a third curve with that same expected result. This one rises steeply from the left but slopes more gently downward on the right. Here, downside risk has been minimised, and upside opportunity increased. That is the goal of strategic risk management: to shape the curve in a way that favors success.

Measuring and managing strategic risk

As the saying goes, you can’t manage what you can’t measure. So, in order to understand how to manage strategic risk, we will begin by examining how to measure it. A key tenet of ERM is measuring risk with the same yardsticks used to measure results. In this way, companies can calculate how much inherent risk their initiatives contain.

Strategic risk can be measured with two key metrics:

  1. Economic capital is the amount of equity required to cover unexpected losses based on a predetermined solvency standard. Typically, this standard is derived from the company’s target debt rating. Economic capital is a common currency with which any risk can be quantified. Importantly, it applies the same methodology and assumptions used in determining enterprise value, making it ideal for strategic risk.
  2. Risk-adjusted return on capital (RAROC) is the anticipated after-tax return on an initiative divided by its economic capital. If RAROC exceeds the company’s cost of capital, the initiative is viable and will add value. If RAROC is less than the cost of capital, it will destroy value.

Managing strategic risk involves five steps which must be integrated within the strategic planning and execution process in order to be effective:

  1. Define business strategy and objectives.There are several frameworks that companies commonly use to plan out strategy, from simple SWOT analysis to the more nuanced and holistic Balanced Scorecard. The one thing that these frameworks have in common, however, is their failure to address risk. It is crucial, then, that companies take additional steps to integrate risk at the planning stage.
  2. Establish key performance indicators (KPIs) to measure results. The best KPIs offer hints as to the levers the company can pull to improve them. Thus, overall sales makes a poor KPI, while sales per customer lets the company drill down for answers.
  3. Identify risks that can drive variability in performance. These are the unknowns, such as future customer demand, that will determine results.
  4. Establish key risk indicators (KRIs) and tolerance levels for critical risks. Whereas KPIs measure historical performance, KRIs are forward-looking leading indicators intended to anticipate potential roadblocks. Tolerance levels serve as triggers for action.
  5. Provide integrated reporting and monitoring. Finally, companies must monitor results and KRIs on a continuous basis in order to mitigate risks or grasp unexpected opportunities as they arise.

See Also

Operational Risk

Strategic Risk

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source: https://www.workiva.com/blog/5-steps-effective-strategic-risk-management

Strategic Risk

A possible source of loss that might arise from the pursuit of an unsuccessful business plan. For example, strategic risk might arise from making poor business decisions, from the substandard execution of decisions, from inadequate resource allocation, or from a failure to respond well to changes in the business environment.

Before we can understand Strategic Risk Management (SRM), we must first understand Enterprise Risk Management (ERM).

Definition of ERM:

  • A process performed by an entity’s Board, management and other personnel
  • Process is applied in a strategy setting and across the entire enterprise
  • Designed to identify potential events or risks that may affect the entity
  • Risk is defined by the IIA as the possibility of an event occurring that will have an impact on the achievement of objectives. Risk is measured in terms of impact and likelihood.
  • Allows the entity to manage risk to be within its risk appetite (the level of risk an organisation is willing to accept)
  • Provides reasonable assurance (not absolute assurance) regarding the achievement of entity objectives

ERM focuses on the achievement of an entity’s objectives

Most entity objectives can be broken down into four broad categories for ERM:

1.Strategic

2.Operations

3.Reporting

4.Compliance

A particular objective may overlap certain categories

Allows an organisation to focus on these separate objectives for the purpose of ERM

Strategic objectives are one of the components of ERM

Strategic Objectives

Strategic objectives are defined as:
¨ High-level goals

¨ Aligned with and support the goals of the organisation

¨ Core and backbone of the organisation’s strategy

¨ Provide guidance on how the organisation can fulfill or move toward the high-level goals

¨ More specific and cover a more well-defined time frame

Strategic Risk

As an organisation attempts to achieve their strategic objectives, both internal and external events and scenarios can inhibit or prevent an organisation from achieving their strategic objectives. This is known as strategic risk.

Strategic risk can be further defined as:

  • Exposure to loss resulting from a strategy that turns out to be defective or inappropriate
  • Risk associated with future plans and strategies, including plans for entering new services, expanding existing services through enhancements and mergers, enhancing infrastructure, etc
  • Current and prospective impact of strategic decisions made by management arising from adverse business decisions, improper implementation of decisions, or lack of responsiveness to industry changes

Strategic risk is a function of the compatibility of an organisation’s strategic goals, the business strategies developed by management to achieve those goals, the resources deployed against these goals, and the quality of implementation.

The resources needed to carry out business strategies are both tangible and intangible. They include communication channels, operating systems, delivery networks, and managerial capacities and capabilities. The organisation’s internal characteristics must be evaluated against the impact of economic, technological, competitive, regulatory, and other environmental changes and challenges.

See also: Strategic Risk Management.

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Infographic on 16 Blockchain Disruptions

Blockchain technology is probably one of the most impactful discoveries in the recent history.

After all, it has a massive potential to change how we handle online transactions. Despite some skeptics, the majority of experts agree that blockchain has the potential to disrupt the banking and financial industry, and many other ones!

But what is this technology exactly? We at BitFortune.net will try to explain that in Layman’s terms, as well as provide you with insights into how different industries can benefit from blockchain.

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As mentioned earlier, different industries will have different benefits from implementing blockchain technology, and that is what this infographic is all about. For example, the banking sector will get faster transactions, lower costs, improved security, and better record keeping. Also, the blockchain technology can improve electronic voting systems. With this technology integrated into a voting system, governments won’t be able to tamper with votes because blockchain creates publicly viewable and singed transaction that can’t be changed or rewritten.

This infographic will help you understand how the blockchain technology can and will improve 16 different industries, from music to government. So, read on and find out what their future will look like. Article by bitfortune.net.

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Template UK Regulatory Compliance Manual

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A Template UK Regulatory Compliance Manual answers all concerns about financial services in the UK. This manual is acceptable for all companies that are involved in the UK financial services industry including payment providers, asset managers, private banks, IFAs, GI brokers, among others. Whether you are UK based or have interest in UK financial industry, this is the manual that will provide you with all-inclusive information for the FCA and other regulators.

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Compliance News


Putting together a Firm’s Money Laundering and Terrorist Financing Risk Assessment and the Independent Compliance Assessment

Risk Assessment and the Independent Compliance Assessment

Lee Werrell, Chartered FCSI, CEO of Compliance Consultant, explores the changes to risk assessment and the basic principles of the independent compliance assessment benefits effected by the new Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017.

Money laundering Reporting Officers operating within the regulated sector will want to be aware of and appropriately integrate these two essential elements into their broader anti-money laundering and counter terrorist financing policies and procedures.

As regulators reinforce their focus on the ideal discharge of money laundering obligations involving customer due diligence (CDD) by the regulated sector, the changes introduced by the new Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, known as the Money Laundering Regulations 2017 or “MLR 2017” are of great seriousness. This is particularly true for money laundering reporting officers within the definition of Part 7 of the Proceeds of Crime Act 2002.

Risk assessment by the firm or business
Some of the key changes achieved by regulation 18 of the MLR 2017 relates to the obligation on firms and businesses working within the regulated sector to identify and assess the risks of money laundering and terrorist financing to which its organisation is vulnerable. This is easier said than done, since as being able to undertake this task, the risk assessor ought to have a sound grasp of the methods which criminals can use the firm’s services when handling the proceeds of their crimes. Criminals may range from organised criminals who are laundering the proceeds of drug trafficking and the like to white collar criminals who have paid or received bribes, committed fraud, breached economic sanctions, or trifled a spot of insider trading. It follows that a firm or business operating in the regulated sector may be vulnerable to money laundering or terrorist financing in a myriad of different ways. Regulation 18( 4) of the MLR 2017 requires a written record to be made from all steps carried out by a firm in the identification and assessment of its money laundering and terrorist financing risk.

Pursuant to regulation 19( 1 )(a) of the MLR 2017, the firm’s risk assessment of its susceptability must dictate the development of its policies, controls and procedures which have been designed to mitigate and manage effectively the risks of money laundering and terrorist financing. What’s more, under the regulation 21(c) of the MLR 2017, having regard to the size and nature of the firm’s business, a firm is now required to establish an independent audit function with responsibility to analyze and evaluate the effectiveness of the firm’s policies, controls, and procedures, to generate suggestions about them, and to check compliance with them.

The high quality of the firm’s risk assessment is therefore critical, because when it pertains to an individual who is obligated to apply CDD measures, regulation 28(12) of the MLR 2017 requires the analysis of the money laundering or terrorist financing risk posed by the clients or customer or the transaction in question to show, amongst other things, the level of risk which their firm has identified in the firm’s risk assessment. In short, the generality of the risk assessment completed by the firm in respect of its susceptability to money laundering or terrorist financing serves to inform the particularity of risk assessment undertaken by the individual in relation to the customer or client concerned. The improvement of a risk profile for a customer or client is typically put together by dedicated professionals in the risk/ compliance function. The risk profile helps the individual on-boarding the customer in their assessment of whether any grounds for suspecting money laundering or terrorist financing has emerged during the Know Your Customer (KYC) process. Medium sized and small sized firms may not be able to afford this luxury and in this instance, it is vital that the firm’s risk assessment is adequately comprehensive to provide a sound framework for the staff’s risk assessment of a customer or client to be informed and effective.

How is the firm’s risk assessment to be made?
In executing the risk assessment a firm must take into account risk factors relating to its clients, the countries, or geographic areas through which it functions, its products or services, its transactions, and its delivery channels. But how is the firm to know the nature and intensity of the risk posed by these risk factors? The MLR 2017 consider that the firm may be helped by taking into consideration information provided by the supervisory authorities. Regulation 17( 9) of the MLR 2017 offers that if information from a risk assessment completed by a supervisory authority would support a firm operating in the sector to accomplish its own money laundering or terrorist financing risk assessment, the supervisory authority has to, where suitable, make that information easily available unless to do so would be irreconcilable with restrictions on giving out relevant information under the data protection legislation.

Information from Government authorities is likely to be limited
Among the key troubles for government agencies is the significant deficiency in their levels of knowledge about how highly developed money laundering is committed when the financial markets are involved. In one of the main findings in the UK’s National Risk Assessment (“NRA”) of Money Laundering and Terrorist Financing published in October 2015, HM Treasury and the Home Office conceded that there were significant intelligence gaps relative to “high-end” money laundering. This type of laundering is specifically relevant to major frauds and serious corruption, where the profits are often kept in bank accounts, residential or commercial property, or other financial investments, in lieu of in cash. The NRA judges the danger in the banking sector to be significant, since around 60% of ongoing money laundering cases being investigated by HMRC have funds initially shifted through banks. The intelligence picture in other areas, such as high value dealers, gambling, and new payment methods, was judged as being mixed.

What information is available to a MLRO?
Most likely, if a firm’s policies, controls, and procedures are to come through with flying colours, the firm’s money laundering reporting officer will have to supplement the guidance as to risk factors contained in the MLR 2017 and provided by the supervisory authorities with some comprehensive investigation of their own. The typology and sector-specific reports released by the Financial Action Task Force (FATF) are a good starting place. In addition, a money laundering reporting officer can consult the evaluations of money laundering and terrorist financing regimes run by its member countries which the FATF publishes regularly. Having said that, to meet the regulatory requirement a lot more will should be done. Money laundering reporting officers will have to digest reports prepared by, amongst other organisations, FATF-Style Regional Bodies (” FSRB’s”) and annual reports prepared by the Council of Europe’s Moneyval, mining them for information about how particular types of business might be used for money laundering and terrorist financing purposes, and which jurisdictions are considered more prone than others, concerning the integrity of the client and the nature of the business in question. The United States Central Intelligence Agency publishes a Global Factbook, and some beneficial information is available on the Anti-Money Laundering Forum operated by the International Bar Association. Furthermore, there is a significant amount of information readily obtainable on the web which money laundering reporting officers can access. For example, there are publicly available indices from HM Treasury’s Office of Financial Sanctions Implementation, Transparency International’s Corruption Perception Index, the Foreign and Commonwealth Office’s Human Rights Reports, and UK Trade and Investment’s pages on overseas country risk and quality of regulation. The MLRO or appropriate compliance team member, can review this information, digging for it for relevant material which will advise the firm’s things to consider as to whether the risk of money laundering and terrorist financing inherent in the form of work undertaken and the country with which it is associated, is low, medium, or high.

One apparent resource for a MLRO sits within the firm itself. As firms progressively more focus the delivery of their services in specialist areas, the first line of defence should be well placed to support the firm’s risk assessment.

Just as a solicitor specialising in the financing of energy transactions will understand the extent of corruption and bribery within this sector, an estate agent with a practice based in Kensington will be strongly cognisant of the risks of money laundering which purchases by Eastern European oligarchs and politically exposed persons pose. As a starting point for assessing the risks of money laundering and terrorist financing in an enterprise operating in the regulated sector, the MLRO could begin the method of risk assessment by commencing the process of self-assessment. As a practical suggestion, you could always purchase an Anti-Money Laundering & Counter Terrorist Financing Manual as provided by Compliance Consultant at http://bit.ly/IYCAML.

Assessing risk on rationally defensible criteria
Where a firm grows its risk assessment in this manner, and includes in its policies, controls and procedures provisions which detail how the risk is to become managed, the requirement in regulation 19(3)(a) of the MLR 2017 to include risk management practices will be satisfied. Interestingly, this requirement falls short of the requirement laid out in Article 8(4) of the EC Fourth Directive on Money Laundering which specifically pertains to “the development of internal policies, controls, and procedures, including model risk management practices …” Although the reference to “model” risk management practices is not something which appears in the Financial Action Task Force Revised Recommendations, larger companies operating in the regulated sector will ignore this requirement at their peril.

Reliance on qualitative proficient judgment when creating risk assessments continues to hold, but there is an inherent subjectivity within this approach and there is a danger that perhaps its thought to be self-serving if challenged by a regulator in a case where a less obvious risk of money laundering or terrorist financing was not identified. The EC Fourth Directive on Money Laundering is seeking to support firms and businesses operating in the regulated sector to apply a more sophisticated course of action, by leveraging quantitively derived models which allocate risk scores calculated by algorithms which have been developed from analysis of AML scenarios and typologies.

Management consultancies have developed a variety of model risk management practices for application in anti-money laundering and counter-terrorist financing incidents. The application of model risk management in the assessment of money laundering and terrorist financing vulnerability will also aid a firm or business in the regulated sector when seeking to display that its risk assessment policies are effective pursuant to the independent audit requirement introduced in regulation 21(c) of the MLR 2017. There is, however, an important caveat which must be borne in mind. As the Joint Money Laundering Steering Group (“JMLSG”) has cautioned, “where a firm uses automated systems purchased from an external provider to allocate overall risk scores to categories business relationships or occasional transactions, it should understand how such systems work and how it combines risk factors to achieve an overall risk score.” The JMLSG adds that “a firm must always be able to satisfy itself that the scores allocated reflect the firm’s understanding of the [money laundering and terrorist financing] risk, and it should be able to demonstrate this to the [regulator] if necessary.”
As a cheaper solution to acquiring a scoring system from an external provider, it is open to MLROs to develop their own scoring system. This would involve allocating scores to a wide range of risk factors based upon information available internally and externally such as the nature of the client, the type of transaction involved, and the geographical location in which it is taking place. As an example of the flexibility inherent in the allocation of scores, the JMLSG notes that “firms may decide that a customer’s personal links to a jurisdiction associated with higher [money laundering and terrorist financing risk] is less relevant in the light of the features of the product they seek.” [1]

Independent Compliance Assessment
It is uncertain exactly what is required of a firm or enterprise operating in the regulated sector to establish an Independent Compliance Assessment. By introducing a requirement for the Compliance Assessment to be independent, the person performing this responsibility should be unconnected with the implementation or operation of the firm’s anti-money laundering and counter-terrorist financing compliance programme. The JMLSG suggests that the task can be undertaken “by, as an example, an internal audit function (where one is established), external auditors, specialist consultants or other qualified parties”.

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Notes:
[1] The Joint Money Laundering Steering Group, ‘Prevention of Money Laundering/Combating Terrorist Financing: 2017 Consultation Version’ (March 2017) page 45.

 

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Insistent Clients: Identifying Them Then Dealing With Them And Remaining Compliant

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fca conduct rules cobs insistent client sales process

What is an Insistent Client and how to deal with them.

The FCA Handbook does not refer to insistent clients and there are no rules or guidance specifically about this.

The following will hopefully help to show the FCA’s current stance after their recent consultation paper.

IMPORTANT!
Insistent Clients must not be confused with an Execution Only client

 

What Is Execution Only?
This is where the Client knows exactly what they want and the choices readily available incorporating the premium, sum assured, term and availability of critical illness, waiver, etc.

So What Is An Insistent Client?
This term is used to describe a situation where a client is adamant that they should be taking a different route of advice to that prescribed by the adviser.

This presentation contains images that were used under a Creative Commons License. Click here to see the full list of images and attributions: https://app.contentsamurai.com/cc/97859

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