Compliance
OPINION OF THE WEEK: Geopolitics Turmoil Puts AML, KYC Under Spotlight
After the 7 October attacks on Israel, and the subsequent events, I try to examine what people working in the financial services industry will need to consider, particularly if or when sanctions and other economic measures come into effect.
A week after Hamas attacked and killed Israelis, causing the
greatest loss of Jewish life since the Holocaust, there has been
barely time for those who track the wealth management industry to
consider how these terrible events indirectly affect
it. But, however unseemly it might appear to think about
such matters against the unfolding grim news, think about them we
must.
There are several oddities about the situation. First, while the
price of crude oil rose slightly after 7 October’s atrocities,
markets appeared calm, even as the likely shape of Israel’s
actions in response became a little clearer. (As I write,
commentators are still focusing on exactly when the Israel
Defence Forces started full ground operations in Gaza, a task
widely considered to be costly to life, as urban warfare usually
is.) Second, I haven’t yet been overwhelmed by commentary about
the macroeconomic impact of these attacks on Israel and its
counter-attacks on Gaza, beyond a general sense that risks are
rising, and investors might want more compensation for it. Maybe
a period of rising interest rates has already prepared the way.
This has cooled certain markets, such as private equity and
venture capital, for example.
And, on a third point, if there are KYC and anti-money laundering
experts out there who are trying to work out how all this affects
them and money flows, I haven’t yet seen much evidence of what
they are doing. Maybe more information will emerge.
Let’s consider the AML and KYC points. Iran – a country widely
believed to be bankrolling Hamas and Hezbollah – is sanctioned by
the US and the European Union, among other jurisdictions. Over a
decade ago, I recall how sanctions' violations led the US to hit
a number of banks with big fines. In one case, the US Department
of Justice fined BNP Paribas, to take the largest single
example, almost $9 billion for breaches connected to Iran,
Cuba and Sudan. (That fine even caused political anger in Paris
about the scale of the punishment. A number of other lenders were
also hit.)
More recently, in September, the UK, France and Germany, European
signatories to the Joint Collective Plan of Action nuclear deal
with Iran in 2015, decided to keep certain sanctions previously
imposed on Iran. Given current events, such sanctions could be
widened. The conflict also raises the question of the use,
or possible misuse, of cryptocurrencies. A story in the
Wall Street Journal (10 October) raised the troubling
fact that cryptocurrencies may have been used to move funds to
Hamas and other groups. The paper said three groups received
large amounts of money in this way, according to a review of
Israeli government seizure orders and blockchain analytics'
reports. This story is unlikely to be an isolated case.
There is, meanwhile, the matter of Qatar, which at times has been
at odds with neighbours in the Gulf such as the United Arab
Emirates. UK Prime Minister Rishi Sunak has been urged, for
example, to impose sanctions on Qatar, an energy-rich state (from
which the UK imports natural gas), because certain Hamas leaders
are permitted to live there. It is unclear what might
happen. The Gulf chessboard of shifting alliances is one
that those concerned with financial compliance must track
daily.
Let’s remember that in September 2020, Israel signed the Abraham
Accords, as they were called, with the UAE and Bahrain. At the
time, this news service spoke to an understandably excited Citi
Private Bank about
the immense two-way capital and trade opportunities that this
would encourage, and there was, until last weekend, the tempting
prospect of a Saudi-Israel pact that would have radically opened
further opportunities. Hamas’s attacks were almost certainly
designed to wreck this.
Keeping up with compliance and changing rules is going to be
difficult, but firms must err on the side of caution in the
current environment. And, as I am sure is already the case, banks
which have staff and clients in countries such as Israel
must take all necessary steps to keep them safe.
More broadly, the world is clearly entering a very dangerous
situation, or perhaps what was always in the background is now
evident. The outcome of the Russian invasion of Ukraine remains
unclear. Policymakers in Washington DC, London and elsewhere are
keeping a wary eye on Taiwan and whether China will take it over
by force. The world is still, let’s not forget, trying to recover
from the calamity of Covid-19. The euphoria after the Berlin Wall
fell in 1989 seems a long time ago to this present writer.
Our TV and computer screens are likely to be filled for many
weeks with images of war and destruction. All this will remind
wealthier individuals that they need to do what they can to
alleviate the suffering, and I certainly expect conversations
with those in the philanthropy advisory space to touch on
this topic. Sadly, there is likely to be no shortage of calls for
aid, from many quarters.
A final point: while good journalism requires me to be careful
about how I comment on recent events, what happened on 7 October
will rightly live in infamy.
As with all my editorials, if you want to respond, email me
at tom.burroughes@wealthbriefing.com.