03/30/2010 10:21:00 AM EST
Emerging International Indicators for Compliance Function Expectations
Global
trends on risk management help foreshadow what may come to be expected of
compliance functions in an increasing number of jurisdictions, particularly in
respect of positioning, resources, and authority. Gabe Shawn Varges, Head of
Governance at FINMA, the Swiss combined regulator for banking, insurance, and
securities, examines emerging international indicators for compliance function
expectations.
The author writes: Though not a perfect predictor, the
global trends on risk management help foreshadow what may come to be expected
of compliance functions in an increasing number of jurisdictions, particularly
in respect of positioning, resources, and authority. The outcome will probably
be less about prescribing details for the compliance architecture and more
about expecting that, however structured, a compliance function possesses the
ability to exercise an effective checks-and-balance role within the company's overall
governance and risk control system. Doing a diagnostic review from this angle
may allow companies-particularly those involved in multiple countries-to check
on the soundness of the foundations of their compliance approach.
The recent world financial crisis has triggered a cross-border "rethink" on
financial regulation. Regulators around the globe have been forced to review
both the extent and nature of how they regulate financial institutions. The
concern is not just the health or actions of single companies but the
interdependencies of the financial system as a whole. The notion of macro
imbalances and systemic risk became quite real for governments in 2008 as the
world came dangerously close to, as the U.S. Chairman of the Federal Reserve
Board put it, a "global financial meltdown".
Within this context of regulatory reform and concern for market stability, one
element on the minds of many regulators is what should be expected of the
functions companies have or should have in place to protect against excessive
risk taking and misconduct (commonly referred to as "control functions"). For
in one sense the effectiveness or lack of effectiveness of these functions
across all companies put together may itself be systemically relevant. The main
focus in the current international debate is the risk management function, but
the considerations at play may be relevant too for how expectations regarding
compliance functions continue to develop across the world both in the financial
services industry and beyond. [footnotes omitted]
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