Financial Services Risk and Regulation · the Hong Kong Academy of Finance (AoF), released a...

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Financial Services Risk and Regulation Regulatory updates newsletter May 2020

Transcript of Financial Services Risk and Regulation · the Hong Kong Academy of Finance (AoF), released a...

Page 1: Financial Services Risk and Regulation · the Hong Kong Academy of Finance (AoF), released a report, titled “Fintech Adoption and Innovation in the Hong Kong Banking Industry”.

Financial Services Risk and Regulation

Regulatory updates newsletter

May 2020

Page 2: Financial Services Risk and Regulation · the Hong Kong Academy of Finance (AoF), released a report, titled “Fintech Adoption and Innovation in the Hong Kong Banking Industry”.

Regulatory Updates Newsletter — May 2020 PwC · 2

Introduction Regulatory

developments on

Green and

Sustainable Finance

Concurrent SFC-HKMA

thematic review of

spread charges and

other practices

HKMA Consultation on

Implementation of

Mandatory Reference

Checking Scheme

HKMA report on review

of self-assessments on

Bank Culture

SFC circular to licensed corporations

on management of cybersecurity

risks associated with remote office

arrangements

LIBOR Reform

Updates

Other

Regulatory

Updates

Glossary

Content Dashboard

Regulatory Updates Page Number Banking Asset Management Insurance

Regulatory developments on Green and

Sustainable Finance4

Concurrent SFC-HKMA thematic review of spread

charges and other practices5

HKMA Consultation on implementation of

Mandatory Reference Checking Scheme6

HKMA report on review of self-assessments on

Bank Culture7

SFC circular to licensed corporations on

management of cybersecurity risks associated with

remote office arrangements

8

LIBOR Reform Updates 9-10

Other Regulatory Updates:

Basel Committee publishes stocktake report on

climate-related financial risk initiatives

FATF paper on COVID-19-related money

laundering and terrorist financing risks and policy

responses

The Hong Kong Academy of Finance (AoF)

publishes a report: “Fintech Adoption and

Innovation in the Hong Kong Banking Industry”

11

Page 3: Financial Services Risk and Regulation · the Hong Kong Academy of Finance (AoF), released a report, titled “Fintech Adoption and Innovation in the Hong Kong Banking Industry”.

Emily Lam

Partner

+852 2289 1247

PwC HK FS Risk and

Regulation

Regulatory Updates Newsletter — May 2020 PwC · 3

As the financial services sector and regulators in Hong Kong

continue to give top priority to overcoming the challenges

posed by the pandemic, they are starting to move on and

looking ahead to grow business.

The outbreak has also led to opportunities. According to the

HKMA, the numerous online transactions have driven up

usage of the Faster Payment System (FPS) significantly by

60% in the previous quarter. Moreover, the HKMA Report on

Fintech Adoption and Innovation in the Hong Kong Banking

Industry found that more than 85% of the surveyed banks

have adopted, or planned to adopt, fintech solutions across all

types of financial services.

In addition, the Insurance Authority (IA) granted authorisation

to the fourth virtual insurer in Hong Kong. The new virtual

insurer will focus on medical, term life and critical illness

insurance products targeting youngsters and underserved

market segments.

For this edition of our monthly regulatory newsletter, we

highlight the following updates:

• The HKMA issued a circular on 13 May 2020 to announce

its intention to implement its “Common Assessment

Framework on Green and Sustainable Banking”.

• The SFC and the HKMA announced that they will

commence a concurrent thematic review in the second half

of this year to assess intermediaries’ spread charges and

other practices as well as their compliance with

requirements governing the disclosure of trading capacity

and monetary benefits under the Code of Conduct.

• The HKMA issued a consultation paper on implementation

of Mandatory Reference Checking Scheme to be adopted

by AIs on the employment of specified positions with a

view to addressing the “Rolling bad apples” phenomenon.

• On 22 May, the HKMA issued a report to share the key

observations from their review of the bank culture self-

assessments submitted by the AIs as part of the first phase

exercise.

• The SFC issued a circular to licensed corporations on

management of cybersecurity risks associated with remote

office arrangements to set out examples of controls and

procedures to assist in the protection of LCs’ internal

networks and data.

• LIBOR Reform Updates: The Bank of England (“BOE”) has

delayed LIBOR-linked collateral penalties as part of the

reform updates. Further ARRC's has issued a

supplemental consolidation on spread adjustments, and

the results of the consultation on swaptions..

• Other regulatory updates section includes Basel

Committee publishes stocktake report on climate-related

financial risk initiatives; FATF paper on COVID-19-related

money laundering and terrorist financing risks and policy

responses; and The Hong Kong Academy of Finance (AoF)

publishes a report: “Fintech Adoption and Innovation in the

Hong Kong Banking Industry”.

We hope you find our summary of these regulatory updates

useful and we look forward to your feedback.

Emily Lam

FS Risk and Regulation Leader

+852 2289 1247

[email protected]

Introduction

Introduction Regulatory

developments on

Green and

Sustainable Finance

Concurrent SFC-HKMA

thematic review of

spread charges and

other practices

HKMA Consultation on

Implementation of

Mandatory Reference

Checking Scheme

HKMA report on review

of self-assessments on

Bank Culture

SFC circular to licensed corporations

on management of cybersecurity

risks associated with remote office

arrangements

LIBOR Reform

Updates

Other

Regulatory

Updates

Glossary

Page 4: Financial Services Risk and Regulation · the Hong Kong Academy of Finance (AoF), released a report, titled “Fintech Adoption and Innovation in the Hong Kong Banking Industry”.

Regulatory Updates Newsletter — May 2020 PwC · 4

Regulatory Developments on Green and Sustainable Finance

HKMA circular on Common

Assessment Framework on Green and

Sustainable Banking

After consulting the industry on its

“Common Assessment Framework on

Green and Sustainable Banking” in

January 2020, the HKMA issued a circular

on 13 May 2020 to announce its intention

to implement the self-assessment on AIs.

The key highlight of certain key aspects of

the assessment framework are:

• Objective: The HKMA fully recognises

that AIs can be at different stages of

development in green and sustainable

banking. Through the assessment, the

HKMA intends to facilitate AIs in

reviewing readiness and preparedness

in addressing climate and

environmental risks, help AIs formulate

strategies and approaches, and inform

the design of supervisory expectation

and requirements under Phase II of the

regulator’s three-phased approach.

• Design: The framework will collect

information about the stage of

development with respect to climate

risks and environmental risks under six

key elements, including (i) governance,

(ii) corporate planning and tools, (iii)

risk management process, (iv) business

policies, products and services, (v)

performance and resources, and (vi)

disclosure and communication.

• Scope of AIs and timeline: Currently,

the HKMA intends to implement the

assessment on around 50 AIs based

predominantly on their asset sizes and

business activities. Selected AIs will

have 12 weeks to complete this initial

round of assessment.

Joint statement on the establishment of

the Green and Sustainable Finance

Cross-Agency Steering Group

The HKMA and the SFC initiated the

establishment of the Green and

Sustainable Finance Cross-Agency

Steering Group. Other members are the

Environment Bureau, the Financial

Services and the Treasury Bureau (FSTB),

Hong Kong Exchanges and Clearing

Limited (HKEX), the Insurance Authority

and the Mandatory Provident Fund

Schemes Authority (MPFA).

At its inaugural meeting held on 5 May

2020, the Steering Group agreed to

provide strategic direction, with a focus on

regulatory policy and market development,

to bolster Hong Kong’s position as a

leading green and sustainable finance

centre in Asia and globally. It will also

facilitate regional cooperation, including in

the Guangdong-Hong Kong-Macao

Greater Bay Area.

The Steering Group has set up two work

streams: to study and address cross-

sectoral regulatory issues, and to

coordinate cross-agency market

development efforts.

In addition, the BCBS has published a

report on its members' existing regulatory

and supervisory initiatives on climate-

related financial risks. Read more details

in the “Other Regulatory Updates” section.

Key Takeaways

AIs should take this opportunity to reflect

on their readiness and preparedness in

addressing climate and environmental

risks and embed them in their core

processes and operating model.

Recommended Reading

HKMA circular on Common Assessment

Framework on Green and Sustainable

Banking

Joint statement on the establishment of the

Green and Sustainable Finance Cross-

Agency Steering Group

Environmental, Social and Governance

(ESG): An opportunity for banks

Environmental, Social and Governance

(ESG): An opportunity for asset managers

Environmental, Social and Governance

(ESG): An opportunity for private banks

Emily Lam

Partner

+852 2289 1247

[email protected]

Sammie Leung

Partner

+852 2289 3188

[email protected]

m

Yousuf Khan

Partner

+852 2289 1387

[email protected]

Introduction Regulatory

developments on

Green and

Sustainable Finance

Concurrent SFC-HKMA

thematic review of

spread charges and

other practices

HKMA Consultation on

Implementation of

Mandatory Reference

Checking Scheme

HKMA report on review

of self-assessments on

Bank Culture

SFC circular to licensed corporations

on management of cybersecurity

risks associated with remote office

arrangements

LIBOR Reform

Updates

Other

Regulatory

Updates

Glossary

Page 5: Financial Services Risk and Regulation · the Hong Kong Academy of Finance (AoF), released a report, titled “Fintech Adoption and Innovation in the Hong Kong Banking Industry”.

Regulatory Updates Newsletter — May 2020 PwC · 5

Concurrent SFC-HKMA thematic review of spread charges and other

practices

The SFC and the HKMA will commence

a concurrent thematic review in the

second half of this year to assess

intermediaries’ spread charges and other

practices as well as their compliance with

requirements governing the disclosure of

trading capacity and monetary benefits

under the Code of Conduct.

The review will cover the selected

intermediaries’ policies, procedures,

systems and controls. The scope of the

review will also assess management

oversight of the distribution to clients of

non-exchange traded investment

products such as bonds and structured

products.

The concurrent thematic review aims to

ascertain whether:

i. charges may be in excess of the

spreads or fees disclosed in the

intermediaries’ standard documents

to clients, or as agreed with or

understood by the clients, or

ii. spreads may be increased after a

trade is executed and the price

improvement is retained without

agreement with or disclosure to

clients.

The review will also ascertain whether

intermediaries understand and properly

disclose the capacity in which they are

acting when conducting trades for clients.

The Code of Conduct provides that

intermediaries should act honestly, fairly,

and with due skill, care and diligence in

the best interests of their clients; and

make adequate disclosure of relevant

material information in their dealings with

their clients. In addition, intermediaries

should avoid conflicts of interest, and

when they cannot be avoided, ensure

that their clients are treated fairly.

To comply with these requirements,

intermediaries are expected to:

• put in place appropriate policies,

systems, controls and management

supervision over order handling and

spread charges;

• properly disclose price, fees,

monetary benefits received and

trading capacity to clients; and

• maintain adequate records (for

example, telephone recordings) to

ensure compliance with internal

policies and procedures as well as

with regulatory requirements, and to

enable reviews or investigations by

the intermediaries, their external

auditors and the regulators.

The findings of the concurrent thematic

review will form the basis for the SFC

and the HKMA’s assessment of

intermediaries’ compliance, and in the

event of a breach, take regulatory action.

The SFC and the HKMA will also share

the findings of the thematic review with

the industry and consider the need for

further guidance, where appropriate.

Key Takeaways

Intermediaries should consider the need

to perform targeted reviews of system

infrastructure, order handling and

disclosure processes, trading capacity

determination, client documentation and

training.

Recommended Reading

Circular: Concurrent SFC-HKMA

thematic review of spread charges and

other practices

Stand out for the right reasons: Pricing

and disclosure practices

Michael Footman

Partner

+852 2289 2747

[email protected].

com

Adams Chan

Partner

+852 2289 2966

[email protected]

Introduction Regulatory

developments on

Green and

Sustainable Finance

Concurrent SFC-HKMA

thematic review of

spread charges and

other practices

HKMA Consultation on

Implementation of

Mandatory Reference

Checking Scheme

HKMA report on review

of self-assessments on

Bank Culture

SFC circular to licensed corporations

on management of cybersecurity

risks associated with remote office

arrangements

LIBOR Reform

Updates

Other

Regulatory

Updates

Glossary

Page 6: Financial Services Risk and Regulation · the Hong Kong Academy of Finance (AoF), released a report, titled “Fintech Adoption and Innovation in the Hong Kong Banking Industry”.

Regulatory Updates Newsletter — May 2020 PwC · 6

HKMA consultation on implementation of Mandatory Reference

Checking Scheme to address the “Rolling Bad Apples” phenomenon

This consultation paper outlines the

framework proposed by the HKMA for the

Mandatory Reference Checking Scheme to

be adopted by AIs on the employment of

specified positions with a view to

addressing the “Rolling bad apples” (“RBA”)

phenomenon, taking into account initial

comments from the banking industry.

The RBA phenomenon refers to individuals

who engage in misconduct during their

employment in an institution but are able to

obtain subsequent employment elsewhere

without disclosing their earlier misconduct

to the new employer.

The HKMA has been exploring ways to

address this issue in the Hong Kong

banking sector, taking into account

relevant work by international bodies,

notably the Financial Stability Board

(“FSB”).

The HKMA has also initiated discussions

with AIs to gauge their views on the

subject through the Balanced and

Responsive Supervision (“BRS”) initiative.

Overseas authorities generally adopt two

different approaches in addressing the

RBA phenomenon, namely mandatory

reference checking (“MRC”) and use of a

centralised register (“CR”).

Taking into account AIs’ feedback and the

strengths and weaknesses of MRC and

CR schemes, the HKMA proposes that an

MRC scheme be implemented in Hong

Kong.

Key features of the proposed MRC

Scheme are:

• All AIs which are planning to enter into

a new employment relationship with a

prospective employee will be required

to approach all former and current

employers of the prospective employee

which are also AIs to conduct reference

checking.

• The MRC scheme will be implemented

in phases and the employees to be

covered include::

o Phase 1 will cover directors and

bank employees in senior

management positions, and

o Phase 2 will extend the coverage

to bank employees heading key

support functions, staff licensed to

carry out regulated activities under

the SFO, IO or MPFSO, and those

with client facing or sales

responsibilities such that any

misconduct (e.g. mis-selling or

misrepresentation of investment,

insurance and general banking

products and services) by them

would be identified.

• For the avoidance of doubt, the MRC

scheme will cover all employees

irrespective of their employment terms

(i.e. permanent, contract or other

temporary or time-limited employment

relationships) so long as they meet the

definition of one of the aforementioned

positions.

Key Takeaways

AIs are encouraged to provide their

feedback and perspectives on the

proposed MRC Scheme. Comments are to

be submitted to the HKMA by 7 August

2020.

Recommended Reading

Consultation Paper on Implementation of

Mandatory Reference Checking Scheme to

Address the “Rolling Bad Apples”

Phenomenon

Michael Footman

Partner

+852 2289 2747

[email protected].

com

Introduction Regulatory

developments on

Green and

Sustainable Finance

Concurrent SFC-HKMA

thematic review of

spread charges and

other practices

HKMA Consultation on

Implementation of

Mandatory Reference

Checking Scheme

HKMA report on review

of self-assessments on

Bank Culture

SFC circular to licensed corporations

on management of cybersecurity

risks associated with remote office

arrangements

LIBOR Reform

Updates

Other

Regulatory

Updates

Glossary

Page 7: Financial Services Risk and Regulation · the Hong Kong Academy of Finance (AoF), released a report, titled “Fintech Adoption and Innovation in the Hong Kong Banking Industry”.

Regulatory Updates Newsletter — May 2020 PwC · 7

HKMA report on review of self-assessments on Bank Culture

22 May, the HKMA issued a report to

share the key observations of their review

of the self-assessments on bank culture

submitted by the 30 AIs selected for the

first phase of the self-assessment exercise.

The key highlights of the HKMA report are:

Range of Practices

• Based on the self-assessments, the

banks covered in the exercise have

implemented a range of culture

initiatives and made significant progress

in promoting sound bank culture over

the past two years.

• The HKMA has identified a range of

practices under each of the three pillars

– governance, incentive systems and

assessment and feedback mechanisms.

Common Themes

• Further work is needed to ensure that

incentive systems are designed to

promote sound culture and prevent

incidents of misconduct;

• Stronger links are required to connect

the Hong Kong operations with the

culture efforts of AIs’ headquarters or

upstream entities as well as their

downstream operations, as appropriate;

• Deeper analysis is expected to

benchmark themselves against the

findings from major overseas

misconduct incidents;

• More focus is needed to facilitate

relevant staff in undertaking the

continuous professional development

requirements under the Enhanced

Competency Framework or by other

professional bodies to complement the

effort of promoting sound culture;

• More effort is needed to tackle the key

challenge of performing culture

assessments in order to identify gaps

between their current state and the

desired culture;

• More work is needed in promoting an

environment which provides

“psychological safety” to encourage

staff to speak up without fear of adverse

consequences; and

• Sustained effort is required in driving

cultural changes and banks should be

mindful of “culture fatigue”.

Key Takeaways

• AIs that were not selected for the first

phase of the self-assessment exercise

are reminded that they are still

expected to reflect on their own culture

enhancement efforts, and take into

consideration the key observations

shared in this report.

• The HKMA intends to conduct focused

reviews with an aim to perform deep

dives into the incentive systems for

front office staff involved in the business

of distributing banking, investment

and/or insurance products in retail

banks.

• The HKMA have already commenced

culture dialogues with several AIs in

2019 and this engagement will continue

going forward. The HKMA will inform

AIs selected to take part of these details

individually.

Recommended Reading

HKMA Circular on the Report on Review of

Self-assessments on Bank Culture

Report on Review of Self-assessments on

Bank Culture

Michael Footman

Partner

+852 2289 2747

[email protected].

com

Introduction Regulatory

developments on

Green and

Sustainable Finance

Concurrent SFC-HKMA

thematic review of

spread charges and

other practices

HKMA Consultation on

Implementation of

Mandatory Reference

Checking Scheme

HKMA report on review

of self-assessments on

Bank Culture

SFC circular to licensed corporations

on management of cybersecurity

risks associated with remote office

arrangements

LIBOR Reform

Updates

Other

Regulatory

Updates

Glossary

Emily Lam

Partner

+852 2289 1247

[email protected]

Page 8: Financial Services Risk and Regulation · the Hong Kong Academy of Finance (AoF), released a report, titled “Fintech Adoption and Innovation in the Hong Kong Banking Industry”.

Regulatory Updates Newsletter — May 2020 PwC · 8

SFC circular to licensed corporations on management of cybersecurity

risks associated with remote office arrangements

In light of the increased use of remote

office arrangements, the SFC issued this

circular to set out examples of controls

and procedures to assist in the protection

of LCs’ internal networks and data. LCs

should implement and maintain measures

which are deemed appropriate to the

situation and commensurate with the size

and complexity of their operations.

Remote access to internal network and

systems

• Implement multiple VPN servers for

additional protection

• Monitor, evaluate and implement

security patches or hotfixes released

by VPN software providers on a timely

basis

• Implement different levels of remote

access, such as by equipping

computers and mobile devices

supplied by LCs with greater

capabilities than employee-owned

devices

• Implement robust network

segmentation to segregate system

servers and databases, based on

criticality, to better protect more critical

and sensitive data, such as clients’

personal data.

Use of videoconferencing platforms

• Assess the security features of

videoconferencing platforms before

use;

• Require participant registration for

attendance in videoconferences;

• Use a random meeting ID, rather than

a personal meeting ID;

• Enable the password protection feature

on the videoconferencing platform;

• Lock the conference meeting once all

the participants have joined, as

appropriate;

• Use the latest version of the software

with the most up-to-date security

patches installed.

Other measures supporting remote

office arrangements

• System capabilities: Assess the

adequacy of, and enhance, existing

information technology infrastructures,

software (such as remote computer

devices, network bandwidth and

software licenses) and hardware (such

as notebook computers and mobile

devices) for the purpose of supporting

remote office arrangements.

• Surveillance and incident handling:

Implement monitoring and surveillance

mechanisms to detect unauthorised

access to internal networks and

systems, such as reviewing the list of

unauthorised access attempts and

detecting the use of unapproved

applications; and develop and maintain

an effective incident management and

reporting mechanism.

• Cybersecurity training and alerts:

Provide adequate cybersecurity

training to all internal system users and

issue appropriate reminders and alerts

to clients, and use of secure Wi-Fi

networks for accessing internal

networks and videoconferencing

platforms, on a regular basis.

Key Takeaways

The list above is not exhaustive. LCs

should implement and maintain measures

which are deemed appropriate to the

situation and commensurate with the size

and complexity of their operations.

Recommended Reading

Circular to licensed corporations:

Management of cybersecurity risks

associated with remote office

arrangements

Carlyon Knight-Evans

Partner

+852 2289 2711

carlyon.knight-

[email protected]

Helen Li

Partner

+852 2289 2741

[email protected]

Introduction Regulatory

developments on

Green and

Sustainable Finance

Concurrent SFC-HKMA

thematic review of

spread charges and

other practices

HKMA Consultation on

Implementation of

Mandatory Reference

Checking Scheme

HKMA report on review

of self-assessments on

Bank Culture

SFC circular to licensed corporations

on management of cybersecurity

risks associated with remote office

arrangements

LIBOR Reform

Updates

Other

Regulatory

Updates

Glossary

Page 9: Financial Services Risk and Regulation · the Hong Kong Academy of Finance (AoF), released a report, titled “Fintech Adoption and Innovation in the Hong Kong Banking Industry”.

Regulatory Updates Newsletter — May 2020 PwC · 9

BoE delays LIBOR-linked collateral

penalties

The Bank of England (BoE) delayed the

start date for increasing haircuts applied to

LIBOR-linked collateral by six months, until

April 1, 2021. At that time, banks using

LIBOR-linked collateral to borrow from the

BoE will see the value of that collateral

decrease by 10%, with these haircut add-

ons increasing to 40% on September 1,

2021 (originally October 1, 2020) and

100% on December 31, 2021 (unchanged).

Similarly, a majority of LIBOR-linked loans

and securities issued after April 1, 2021 will

be ineligible as collateral from that point

forward — rather than 1 October 2020, as

originally announced.

The delay in the application of the haircut

add-on has not, however, diminished the

importance of LIBOR transition on the UK’s

regulatory agenda. To the contrary, the

BoE’s Interim Financial Stability Report

cited recent market volatility as further

evidence that LIBOR is no longer fit for

purpose.

ARRC’s supplemental consultation on

spread adjustments

Following a consultation earlier this year,

the ARRC recommended a methodology

based on a historical median with a five-

year lookback period to account for the

difference in USD LIBOR and SOFR at the

time a fallback is triggered. Those

parameters are already in line with what

has been proposed by ISDA.

The supplemental consultation now

requests feedback on two additional issues:

First, the ARRC is asking market

participants whether the recommended

methodology should be used to calculate

different spread adjustments for different

types of fallback rates (forward-looking

term SOFR, a SOFR compound average in

arrears or in advance), or whether the

same spread adjustment value should be

calculated once (equal to ISDA’s spread

adjustment for SOFR compounded in

arrears) and applied to all different fallback

rates of the same tenor. Second, the

ARRC is seeking feedback on whether it

should align the timing of when a spread

adjustment is calculated in the case of a

pre-cessation event with that of ISDA, or

whether the adjustment should always be

calculated at the time that LIBOR is found

to be no longer representative.

Results of consultations on swaptions

Both the WG on Euro RFRs and the ARRC

published results of their respective

consultations on the treatment of swaptions

as part of the upcoming discounting and

Price Alignment Interest (PAI) switches for

cleared derivatives.

Responses to the WG on Euro RFR’s

consultation indicated that over two-thirds

of participants were in favour of voluntarily

exchanging compensation for legacy

swaptions. The final recommendations by

the WG are still outstanding.

The results to the ARRC’s consultation

were similar, except respondents indicated

a clear preference that compensation

would apply only to legacy swaptions

traded prior to March 30, 2020, the date on

which ISDA implemented a supplement

that allows counterparties entering into new

contracts to agree on a mechanism

compensating for the anticipated

discounting change in advance.

LIBOR Reform Updates (1/2)

Ilka Vazquez

Partner

+852 2289 6565 [email protected]

Amy Yeung

Partner

+852 2289 [email protected]

Ian Farrar

Partner

+852 2289 [email protected]

Introduction Regulatory

developments on

Green and

Sustainable Finance

Concurrent SFC-HKMA

thematic review of

spread charges and

other practices

HKMA Consultation on

Implementation of

Mandatory Reference

Checking Scheme

HKMA report on review

of self-assessments on

Bank Culture

SFC circular to licensed corporations

on management of cybersecurity

risks associated with remote office

arrangements

LIBOR Reform

Updates

Other

Regulatory

Updates

Glossary

Page 10: Financial Services Risk and Regulation · the Hong Kong Academy of Finance (AoF), released a report, titled “Fintech Adoption and Innovation in the Hong Kong Banking Industry”.

Regulatory Updates Newsletter — May 2020 PwC · 10

Key Takeaways

BoE delays LIBOR-linked collateral penalties:. As

such, the BoE’s announcement does not represent an

additional delay in LIBOR transition timelines, as much

as a realignment of the application of haircut add-ons

with other target dates. Impacted firms should

continue to reduce their reliance on LIBOR-linked

collateral this year in order to avoid disruptions to their

funding structure in the coming year. As existing

LIBOR assets will have decreasing value as collateral

for BoE funding, liquidity and pricing will likely be

impacted as well.

ARRC’s supplemental consultation on spread

adjustments: ISDA’s recently published summary of

responses to its second consultation on pre-cessation

triggers likely provides a glimpse into how market

participants will respond to ARRC’s consultation, as

the desire for consistency across products was a

frequent mention to ISDA’s consultation. As a result,

we would expect the majority of market participants to

opt for aligning ARRC’s spread adjustment

methodology with that proposed by ISDA to the

greatest extent possible.

Results of consultations on swaptions - As the

behaviour of each party to a contract may be affected

by whether it would be a payer or receiver of

compensation — combined with the lack of a legally

binding mandate — the level of adoption of the

ARRC’s recommendation is likely to be limited. At this

point, timely outreach to counterparties should be a

priority for all market participants. The sooner firms

can obtain clarity on their contractual partners’

willingness to amend contracts and exchange

compensation, the quicker they can devise a path of

action to address cases in which a counterparty may

look to take advantage of a value transfer in its favour.

Recommended Reading

LIBOR Transition Market Update

LIBOR Reform Updates (2/2)

Ilka Vazquez

Partner

+852 2289 6565 [email protected]

Amy Yeung

Partner

+852 2289 [email protected]

Ian Farrar

Partner

+852 2289 [email protected]

Introduction Regulatory

developments on

Green and

Sustainable Finance

Concurrent SFC-HKMA

thematic review of

spread charges and

other practices

HKMA Consultation on

Implementation of

Mandatory Reference

Checking Scheme

HKMA report on review

of self-assessments on

Bank Culture

SFC circular to licensed corporations

on management of cybersecurity

risks associated with remote office

arrangements

LIBOR Reform

Updates

Other

Regulatory

Updates

Glossary

Page 11: Financial Services Risk and Regulation · the Hong Kong Academy of Finance (AoF), released a report, titled “Fintech Adoption and Innovation in the Hong Kong Banking Industry”.

PwC · 11

Basel Committee publishes report on climate-

related financial risk initiatives

This is the first report by the Committee's high-level

Task Force on Climate-related Financial Risks (TFCR).

The stocktake report suggests that:

• the majority of Basel Committee members consider it

appropriate to address climate-related financial risks

within their existing regulatory and supervisory

frameworks;

• an overwhelmingly large share of members have

conducted research related to the measurement of

climate-related financial risks, while a number of

members identified operational challenges in

assessing climate-related financial risks such as data

availability, methodological challenges, and

difficulties in mapping of transmission channels. A

majority of the members have raised risk awareness

with banks through different channels, and many

banks are disclosing information related to climate-

related financial risks to some extent; and

• approximately two-fifths of members have issued, or

are in process of issuing, more principles-based

guidance regarding climate-related financial risks.

However, the majority of members have not factored,

or have not yet considered factoring, the mitigation of

such risks into the prudential capital framework.

FATF paper on COVID-19-related money laundering

and terrorist financing risks and policy responses

Using information provided to the members of the FATF

Global Network on 7 and 23 April 2020, the paper

identifies challenges, good practices and policy

responses to new money laundering and terrorist

financing threats and vulnerabilities arising from the

COVID-19 crisis.

AML/CFT policy responses can help support the swift

and effective implementation of measures to respond to

COVID-19, while managing new risks and

vulnerabilities. Examples of such responses provided in

the paper include:

• Domestic coordination to assess the impact of

COVID-19 on AML/CFT risks and systems;

• Strengthened communication with the private sector;

• Encouraging the full use of a risk-based approach to

customer due diligence;

• Supporting electronic and digital payment options.

The Hong Kong Academy of Finance (AoF)

publishes a report: “Fintech Adoption and

Innovation in the Hong Kong Banking Industry”

The Hong Kong Institute for Monetary and Financial

Research (HKIMR), the research arm and subsidiary of

the Hong Kong Academy of Finance (AoF), released a

report, titled “Fintech Adoption and Innovation in the

Hong Kong Banking Industry”. The report is based on

an industry-wide survey carried out by the HKMA

Market Research Division.

Key findings of the report are:

• The survey results indicate that Fintech is viewed as

a complement and enabling technology by the Hong

Kong banking industry.

• 86% of banks have adopted or plan to adopt Fintech

solutions across all types of financial services.

• Innovations relating to “mobile banking”, “open

banking (APIs)”, “machine learning and predictive

analytics”, “customer identification and

authentication” and “cloud computing” have been

commonly applied by over 40% to up to two thirds of

the incumbent banks.

• A higher percentage of the incumbent banks see

Fintech as presenting opportunities across all

financial services in the next five years (ranging from

50% to 77%) compared to now (ranging from 35% to

56%).

• Difficulties in ensuring information security, data

privacy and protection, difficulties in retaining and

attracting talents, domestic as well as international

regulation related to Fintech evolution, and banks’

legacy IT systems are considered as key challenges

in Fintech adoption by most banks.

• Most incumbent banks (73% of the respondents)

consider the “better bank scenario”, where banks

digitise and modernise themselves to retain the

customer relationship and core banking services, as

highly possible.

Regulatory Updates Newsletter — May 2020

Other Regulatory Updates

Introduction Regulatory

developments on

Green and

Sustainable Finance

Concurrent SFC-HKMA

thematic review of

spread charges and

other practices

HKMA Consultation on

Implementation of

Mandatory Reference

Checking Scheme

HKMA report on review

of self-assessments on

Bank Culture

SFC circular to licensed corporations

on management of cybersecurity

risks associated with remote office

arrangements

LIBOR Reform

Updates

Other Regulatory

Updates

Glossary

Page 12: Financial Services Risk and Regulation · the Hong Kong Academy of Finance (AoF), released a report, titled “Fintech Adoption and Innovation in the Hong Kong Banking Industry”.

PwC · 12Regulatory Updates Newsletter — May 2020

Glossary

AI Authorised Institutions IFRS International Financial Reporting Standard

AML Anti-Money Laundering IOSCO International Organization of Securities Commission

BC Basel Committee IR-1 Interest Rate Risk Management

BCBS Basel Committee on Banking Supervision IRR Interest Rate Risk

CFT Counter-Financing of Terrorism IRRBB Interest Rate Risk in the Banking Book

CG-1 Corporate Governance of Locally Incorporated Authorized Institutions LC Licensed Corporation

FATF Financial Action Task Force LIBOR The London Inter-bank Offered Rate

FinTech Financial Technology MAS Monetary Authority of Singapore

FMCC Fund Manager Code of Conduct MRF Mutual Recognition of Funds

FI Financial Institutions MoU Memorandum of Understanding

FSB Financial Stability Board RO Responsible Officer

HKMA The Hong Kong Monetary Authority RE-1 Recovery Planning

IA The Insurance Authority SFC The Securities and Futures Commission

IAF Internal Audit Function SFO Securities and Futures Ordinance

IC-1 Risk Management Framework SPM Supervisory Policy Manual

IC-2 Internal Audit Function

ICO Initial Coin Offering

Introduction Regulatory

developments on

Green and

Sustainable Finance

Concurrent SFC-HKMA

thematic review of

spread charges and

other practices

HKMA Consultation on

Implementation of

Mandatory Reference

Checking Scheme

HKMA report on review

of self-assessments on

Bank Culture

SFC circular to licensed corporations

on management of cybersecurity

risks associated with remote office

arrangements

LIBOR Reform

Updates

Other

Regulatory

Updates

Glossary