Future Compliance: The issues of Responsibility and Control of Artificial Intelligence

09 June 2023
Knowledge Base

by Sandro Severoni

In his novelette “The Bicentennial man” published in 1976, sixteen years later used as reference for the book “The Positronic Man” from him and Robert Silverberg, and in 1999 for the movie from Chris Columbus, Isaac Asimov depicted the character of a robot who evolves during two centuries from being a robot, created to serve as butler to a family that had early on discovered that it had some abilities to carve objects from wood, to a conscious being wanting to consider itself a man. As Thomas Metzinger mentioned in 2009 in his “The science of mind and the myth of the self”: “it is conceivable that someday we will be able to construct artificial agents (…) self-sustaining systems”, this may bring to consider that, if we were able to create such agents in self-sustaining machines possessing some kind of consciousness qualities, it will raise concerns about their moral status and how they are treated, included into a society, receive rights and legal protection. Continue reading…

Anti-money laundering: European Commission updates list of high-risk third-country jurisdictions

08 June 2023
Knowledge Base

The European Commission has updated the list of high-risk third-country jurisdictions presenting strategic deficiencies in their anti-money laundering/countering the financing of terrorism (AML/CFT) regimes. Two third-country jurisdictions were added to it: Nigeria and South Africa, while two other jurisdictions were delisted: Cambodia and Morocco. This list takes into account the information from the Financial Action Task Force (FATF) and the changes decided at the last FATF Plenary of February 2023 in the list of ‘Jurisdictions under Increased Monitoring’ (‘grey list’). Considering the level of financial systems’ integration, the Single Market would be exposed to serious risks of money laundering and terrorist financing if the EU were not to consider adding jurisdictions identified by the FATF to the EU list. Continue reading…

The European Commission decides to refer 8 Member States to the Court of Justice of the European Union over the protection of whistleblowers

07 June 2023
Knowledge Base

On 15 February 2023, the European Commission decided to refer Czechia, Germany, Estonia, Spain, Italy, Luxembourg, Hungary and Poland to the Court of Justice for failure to transpose and notify the national measures transposing the directive on the protection of persons who report breaches of Union law into their legal framework (Directive (EU) 2019/1937). The directive requires Member States to provide whistleblowers working in the public and private sectors with effective channels to report breaches of EU rules confidentially, establishing a robust system of protection against retaliation. This applies both internally (within an organisation) and externally (to a competent public authority). Member States had to transpose the necessary measures to comply with the Directive’s provisions by 17 December 2021. Continue reading…

Whitepaper

 

Predictions in the KYC & AML space for 2030

06 June 2023

A recent analysis showed that the number of FTEs engaged in CDD (Customer Due Diligence) customer screening at the top three banks in the Netherlands is now estimated to be already 15% of the total workforce. In the Netherlands, up to 20% of the total number of bank employees perform a ‘gatekeeper’ function. The volume of money laundering and other financial crimes is growing worldwide—and the techniques used to evade their detection are becoming ever more sophisticated. This has elicited a vigorous response from Financial Institutions which, collectively, are investing billions each year to improve their defenses against financial crime. Additionally, regulators are putting more pressure on Financial Institutions. When regulators impose harsher penalties, the resulting fines tied to compliance rise year over year. The battle against money laundering is a constant problem for compliance, monitoring, and risk groups since banks’ conventional rule- and scenario-based approaches to combating financial crimes have always seemed to be one step behind criminal organisations. AML (Anti Money Laundering) legislation and KYC requirements must advance at the same rate as digital finance, but AML regulations have typically lagged behind illegal behaviour in the past. Businesses might soon notice a change here. End of March 2023, Brussels approved stricter rules to close existing gaps in combating money laundering, terrorist financing and evasion of sanctions in the EU.

What are the most likely scenarios for the development of digital KYC and AML compliance in the future? How will technology help pave the way forward? In this Hyarchis market report, launched at in Amsterdam, 6-8 June 2023, we provide predictions in het KYC and AML space for 2030, presented by opinion leaders and early adopters. Hyarchis is the leading provider of AI-driven compliance solutions for client onboarding, monitoring and remediation to financial institutions in the Netherlands.

You can download this report in English for free.

Elina Karpacheva

Elina Karpacheva

Chair of the European Compliance Centre based in Sofia, Bulgaria

New Bulgarian Whistleblower Protection Act – Some initial thoughts on its implementation

05 June 2023
Knowledge Base

The new Bulgarian Whistleblower Protection Act came into force on 4 May 2023. Its scope includes local and public authorities, as well as private sector enterprises with more than 50 employees. Bulgaria was late with the transposition of the EU Whistleblower Directive and was sanctioned by the European Commission for this failure. The process took longer due to political instability and changing governmental priorities. When it comes to the public consultation process – initial drafts of the text were showing lack of awareness about the role of whistleblowers as primary source of revealing organisational wrongdoing. Bulgarian legislators were unsure about and institutional set-up for facilitating the whistleblowing process. Continue reading…

Eurojust steps up its role in fighting war crimes, says Agency’s Annual Report 2022

02 June 2023
Knowledge Base

In response to Russia’s invasion of Ukraine, Eurojust’s role in fighting core international crimes was significantly enhanced in 2022, says the Agency’s Annual Report, published on 24 May. Just weeks after the outbreak of the war, the Agency provided essential support to the set-up of a joint investigation team (JIT) into alleged war crimes in Ukraine. Subsequently, Eurojust’s mandate was rapidly extended to allow the Agency to store and analyse evidence on core international crimes. By the end of the year, the European Commission asked Eurojust to host the International Centre for the Prosecution of the Crime of Aggression against Ukraine (ICPA).  Continue reading…

Is voice the solution for financial services and compliance monitoring?

01 June 2023
Knowledge Base

by Nigel Cannings

The number of fines issued by the Financial Conduct Authority (FCA) more than doubled in 2022. From the breach of Anti-Money Laundering (AML) rules, and Know Your Customer (KYC) checks, to problems with operating guidelines, individuals and businesses within the UK paid out more than £215 million in fines last year. Regulations have become more stringent. Compliance is much more closely monitored, leaving businesses struggling not only to adhere to the regulations but to demonstrate that they have done so and one of the most effective solutions has taken the form of voice tech.  Continue reading…

Commission approves the merger between Credit Suisse and UBS

29 May 2023
Knowledge Base

The European Commission has approved unconditionally, under the EU Merger Regulation, the merger between Credit Suisse and UBS. The Commission concluded that the transaction would not raise competition concerns in the European Economic Area (‘EEA’). UBS and Credit Suisse are both global multinational investment banks and financial services companies. In the EEA, the companies’ activities overlap in wealth and asset management as well as in investment banking. Based on its market investigation, the Commission found that the merger would not significantly reduce competition in the markets where their activities overlap within the EEA.
Continue reading…

EU Customs Reform: A data-driven vision for a simpler, smarter and safer Customs Union

27 May 2023

The Commission has put forward proposals for the most ambitious and comprehensive reform of the EU Customs Union since its establishment in 1968. The measures proposed today present a world-leading, data-driven vision for EU Customs, which will massively simplify customs processes for business, especially for the most trustworthy traders. Embracing the digital transformation, the reform will cut down on cumbersome customs procedures, replacing traditional declarations with a smarter, data-led approach to import supervision. At the same time, customs authorities will have the tools and resources they need to properly assess and stop imports which pose real risks to the EU, its citizens and its economy.
Continue reading…

Lieve Lowet

Lieve Lowet

EU Affairs consultant and lobbyist

Solvency II does not aim at protecting economic operators: Will the IRRD do?

25 May 2023
Knowledge Base

In 2021, the EFTA Court delivered an interesting judgment. Maybe it passed unnoticed as COVID was still raging through our normal working habits. But in the context of the current Solvency II (SII) review, including the proposed new Insurance Recovery and Resolution directive (hereafter IRRD), it might be useful to read this case again. The case concerned two French non-life insurance undertakings who sought to hold the Liechtenstein Financial Supervisory Authority (FMA) liable for failing to fulfil its supervisory obligations towards a Liechtenstein insurer who became insolvent, and who was in three capacities a creditor to the French insurers. The claimants were thus not insured persons under an insurance contract or a policyholder of the Liechtenstein insurer. Continue reading…