
What's wrong with the risk-based approach?
The risk-based approach to regulation is under fire. In the UK, the Northern Rock debacle could result in a reworking of the supervisory system, which is being criticised as too hands-off. Defenders of the system point out that a failure such as Northern Rock is inevitable, as the term 'risk-based' indicates that occasionally something will not seem very risky but prove to be dynamite. Critics say such events shouldn't be allowed to happen, as they threaten financial stability.

At the other end of the spectrum, and somehow more disturbing, is what is happening to the risk-based approach to anti-money laundering regulation in the US. At our annual AML USA event in New York, senior financial services executives complained that the risk-based framework was being used to set the bar for compliance ever higher, with negative public policy consequences.
Executives express concern that the 'best practice' sections of the Federal Financial Institutions Examination Council's BSA/AML examination manual is becoming the standard benchmark for compliance among bank examiners. Also, regulatory rules are being made up 'on the hoof' through enforcement actions. One example is the recent Union Bank of California enforcement action, which says banks should perform due diligence on new and existing customer accounts, and close accounts "if the information available to the bank indicates the customer's relationship with the bank would be detrimental to the reputation of the bank." Said one executive: "The last time I checked the Bank Secrecy Act examination manual, that wasn't in there." Says another: "We now have prosecutors acting as supervisors."
Executives say regulatory risk is driving firms, not the risk-based approach. That is, compliance executives are prioritising their activities not by their AML risks, but by the latest regulatory headlines and enforcement actions. Said one: "What risks are we managing, and is that the right thing?"
This approach to AML regulation and enforcement can't be good for the industry. Setting aside the stress levels imposed on compliance executives, regulations should be written by regulators, in consultation with the industry. Thought should be given to the public policy implications. A 'risk-based' approach should mean just that.
Ellen Davis, Editor
Only users who have a paid subscription or are part of a corporate subscription are able to print or copy content.
To access these options, along with all other subscription benefits, please contact info@risk.net or view our subscription options here: http://subscriptions.risk.net/subscribe
You are currently unable to print this content. Please contact info@risk.net to find out more.
You are currently unable to copy this content. Please contact info@risk.net to find out more.
Copyright Infopro Digital Limited. All rights reserved.
As outlined in our terms and conditions, https://www.infopro-digital.com/terms-and-conditions/subscriptions/ (point 2.4), printing is limited to a single copy.
If you would like to purchase additional rights please email info@risk.net
Copyright Infopro Digital Limited. All rights reserved.
You may share this content using our article tools. As outlined in our terms and conditions, https://www.infopro-digital.com/terms-and-conditions/subscriptions/ (clause 2.4), an Authorised User may only make one copy of the materials for their own personal use. You must also comply with the restrictions in clause 2.5.
If you would like to purchase additional rights please email info@risk.net
More on Regulation
European Commission changes tune on proposed FRTB multiplier
Banks fear departure from original diversification factor undermines case for permanent relief
Supervisors should be mindful of geopolitical risks, says IMF
Shock events cause sizeable swings in asset pricing, institution’s latest report highlights
Bowman won’t commit to stress-testing the tariff shock
Nominated Fed vice-chair stonewalls calls to run ad hoc scenario similar to 2020 Covid test
Fed’s Bowman to ‘prioritise’ SLR exemption for US Treasuries
Reinstating Covid-era relief is a ‘no brainer’, dealers say, as bond markets reel from tariff chaos
SEC’s Peirce calls for rethink of international standards
Risk Live Boston: regulator rejects international calls for bank-like regulation of investors
Tariff turbulence piles pressure on banks’ VAR models
Backtesting breaches start to mount, but too early to tell if regulatory intervention needed
Trading desks want regulators to face down the NMRF monster
Rule-makers in Australia and the European Union are open to changes to the unpopular FRTB test
CFTC’s Doge-inspired drive to enforcement may fall short
Lawyers doubt guidance on rewards for self-reporting goes far enough