Compliance
Report Fires Warning About Risks Around Politically Exposed Persons In Asia

The report looks at due diligence requirements for PEPs in Mainland China, Hong Kong, Malaysia and Singapore.
Wealth managers and other organisations in Asia face a mounting
challenge of identifying politically exposed persons at risk
of falling foul of money laundering laws, as highlighted by
recent scandals such as around Malaysia’s 1MDB, a report finds.
The report issued by LexisNexis
Risk Solutions looks at due diligence requirements for PEPs
in Mainland China, Hong Kong, Malaysia and Singapore.
The term “politically exposed person” is typically applied to
someone holding a prominent public function, such as a
bureaucrat, politician or head of an organization dispensing
public funds. PEPs are said to carry more risk for potential
involvement in bribery and corruption by virtue because of their
position than is the case with other members of the public.
The report said it found that the significant numbers of entries
on PEP lists, including PEPs, their relatives and associates,
have created difficulties in effective PEP screening.
Recently, Asia has been rocked by a number of bribery and
corruption scandals, the most prominent of which has involved
financial transactions linked to 1MDB, the state-backed Malaysian
fund. Malaysian prime minister Najim Razak has been accused of
siphoning money off for personal gain (he has denied the claims).
BSI and Falcon Private
Bank have been expelled from Singapore amid claims of
lax controls linked to 1MDB-related transactions. Elsewhere,
Indonesia’s corruption watchdog has arrested one of the
country’s most powerful politicians, who for weeks had evaded
questions surrounding his alleged role in the theft of $170
million of public cash. Setya Novanto, speaker of Indonesia’s
House of Representatives, was recently involved in a car crash
and admitted to hospital a day after he had evaded arrest in a
police raid on his home. He is accused of being among 80 people,
mostly officials and politicians, who used a $440 million
electronic identity card system to steal more than a third of the
funds. Other organisations, such as Kroll, the risk management and
consultancy firm,
have flagged concerns about bribery, corruption and dirty
money in regions such as Asia.
Rising concerns about how wealth managers can spot potential
problems and be alerted to issues around PEPs has spawned the
rise of "regtech" firms offering solutions, such as smartKYC, for example,
Equiniti, Thomson Reuters or KYC Global Technologies
Group.
"The need for financial transparency has never been greater.
Proper handling of potential risks posed by PEPs requires a
holistic customer risk assessment process that focuses on
effectively assessing risk using a variety of factors. Only then
can businesses and financial institutions apply the proper
controls to identify activities of concern and mitigate
reputational, legal and regulatory risks," Thomas C Brown, senior
vice president, US Commercial Markets and Global Market
Development, LexisNexis Risk Solutions, said.
Customer due diligence in Asia has gained recent prominence, with
a growing set of regulations that have come into force.
International anti-money laundering standards recommended by the
Financial Action
Task Force have provided a framework for member jurisdictions,
among them Mainland China, Hong Kong, Malaysia and Singapore, to
lay out requirements for the prevention of money laundering and
terrorist financing, the report continued.
The study pointed to particular issues in the
jurisdictions.
Mainland China: The volume of investigations into corruption and
the subsequent media coverage is particularly high in Mainland
China compared to the other countries and regions. Government-led
anti-corruption campaigns have resulted in a number of
high-profile and senior-ranking officials being prosecuted for
corruption and bribery offences. However, enforcement figures
suggest that prosecutions involving public servants are
significantly lower.
Hong Kong: Convictions in the territory under the main
anti-bribery and corruption legislation, The Prevention of
Bribery Ordinance, are relatively low compared to other
jurisdictions; however, there has been a 23 per cent increase,
from 93 to 114, in the last two years.
Malaysia: Under the Malaysian Corruption Act (2009), the
Malaysian Anti-Corruption Commission is responsible for
investigating and enforcing corruption offences. Numbers of
prosecutions remain modest, as the reported number of offenders
among public officials has only been 118 in the last two
years.
Singapore: Cases resulting in convictions in Singapore are
somewhat behind other regional jurisdictions. Fewer than 40
people in the public sector were prosecuted under the Prevention
of Corruption Act and the Corruption and Drug Trafficking and
Other Serious Crimes (Confiscation of Benefits) Act, in 2013 and
2014 combined.