Compliance
Compliance Corner: HSBC, Financial Conduct Authority
The latest compliance news: regulatory developments, punishments, guidance, permissions and new product and service offerings.
HSBC
The FCA has fined HSBC £64 million ($85 million)
for anti-money laundering failures over eight years, making it
the second UK bank to be penalised for AML failings by the
regulator in a week.
The UK watchdog found that three key parts of HSBC’s
transaction monitoring systems showed serious weaknesses between
31 March 2010 and 31 March 2018. The bank used automated
processes to monitor hundreds of millions of transactions a month
to identify possible financial crime but failed to consider
whether the scenarios used to identify indicators of money
laundering or terrorist financing covered relevant risks until
2014, and did not carry out timely risk assessments for new
scenarios after 2016.
The bank also failed to appropriately test and update the
parameters within the systems that were used to determine whether
a transaction was indicative of potentially suspicious activity,
and did not check the accuracy and completeness of the data being
fed into, and contained within monitoring systems, the FCA
said.
Europe's biggest bank did not dispute the
watchdog's findings and agreed to settle at the earliest
possible opportunity, qualifying for a 30 per cent discount
on the original financial penalty of £91 million.
“HSBC’s transaction monitoring systems were not effective for a
prolonged period despite the issue being highlighted on numerous
occasions. These failings are unacceptable and exposed the bank
and community to avoidable risks, especially as the remediation
took such a long time. HSBC continued their remediation to
address these weaknesses after the relevant period,” Mark
Steward, executive director of enforcement and market oversight
at the FCA, said.
In a statement, HSBC said it had “initiated a large-scale
remediation of its financial crime control capabilities” in 2012.
“More recently, as the FCA recognised, HSBC has made significant
investments in new and market-leading technologies that go beyond
the traditional approach to transaction monitoring. HSBC is
deeply committed to combatting financial crime and protecting the
integrity of the global financial system," the bank said.
In 2012, it paid $1.9 billion (£1.4 billion) in fines after the
US Department of Justice found that it had failed to prevent
laundering by Mexican drug cartels. The bank agreed to be
monitored by US regulators for five years. The FCA said that its
fine did not relate to the US action.
Last week, NatWest was
fined £264 million after admitting that it had failed to
prevent money-laundering of nearly £400 million by one customer.